The Arc of Rappahannock , Inc.
Building "A Life Like Yours"
Please make your voices heard!
NOW!!!
Before it's to late!
Speak Up to Protect Family Involvement and Help Students with Disabilities Succeed!

Does your child have an IEP or IFSP?
Do you like having a voice at the table about your child's education?
Is your child receiving or has s/he received special education services? Do you ever request an IEP meeting? Is it important to you to remain an equal member of the IEP Team? Are IEP progress reports important to you? Or are you worried that your child may lose special education/related services such as OT, PT, S/LP, APE? Has your child received ESY services?
The Virginia Board of Education (VBOE) is proposing a major change to Virginia's current special education regulations. The VBOE proposed draft is a rewrite of these current special education regulations and not simply a revision. If you wish to continue to have input that is heard and be a full and equal member at IEP meetings you need to speak up now!
The bottom line is that parents and supporters must submit public comment or the Virginia Board of Education won't think that the proposed regulations are of concern to Virginia's parents. If, however the VBOE approves the proposed regulations as is, the entire special education process in VA will be permanently changed, with more decision making going to the schools and LESS rights and protections for parents:
Less involvement by parents in the referral process. There will be no STATE required timelines, no required STATE procedures for involving parents.
Less involvement by parents in the IEP (e.g., LEAs can deny a request to meet; parents would not be a required part of the FBA).
Less involvement by parents in monitoring progress (since IEP progress reports would not be required as often as currently).
Less involvement by parents in termination decisions.
The voices of families, teachers, students, and others who care about children with disabilities need to be heard during the public comment process and at upcoming public hearings to ensure the draft regulations go back to the drawing board! Virginia needs to continue current protections and improve students' opportunities for long-term success.
What YOU can do to help...
1. Click on the blue "TAKE ACTION" to submit a copy of The Arc of Virginia's suggested public comment. Feel free to edit, add to, or personalize these public comments as you wish.
2. SPEAK OUT at the Public Hearings on the Special Education Draft Regulations which will begin on May 12, 2008. Theses Public Hearings will be held regarding the Board of Education's proposed changes to Virginia's special education. When you attend, bring a copy of the public comments and say a few words about how YOU or YOUR child would be impacted by these changes.
CLICK  TO TAKE ACTION NOW!
CLICK TO TAKE ACTION NOW!
Scroll down the page to send your comments!!
Proposed special-ed changes opposed
Some fear a plan to revise state regulations would reduce input from parents.

Richmond Times Dispatch Article
Contact the Media
Headline: Special-ed proposals upsetting, parents say

Special-ed proposals upsetting, parents say
Va. officials defend changes that many say lack
foresight

Monday, May 26, 2008 - 12:09 AM

Cheryl Curbeam of Midlothian believes son William
should be given a chance to earn a standard diploma.
William Curbeam is a happy 5-year-old who reads as
well as other kindergartners but is considered
developmentally delayed.

Unlike some other special-needs children who are
taught a different curriculum than their
regular-education peers, William learns the same
lessons as non-special-education students. He takes
the core subjects with other developmentally delayed
students, but he plays music and sports and takes
standardized tests like everyone else.

It's important to his mom, Cheryl Curbeam of
Midlothian, that William be given a chance to earn a
standard diploma and be measured against
regular-education students throughout his school
career, she said.

But changes in state special-education laws could
thwart that opportunity for William by distinguishing
him and other students with a specific disability,
such as autism or mental retardation, at age 5, rather
than age 8, as current state regulations allow.

"Once he gets another label . . . it will determine
his placement into a segregated classroom," Cheryl
Curbeam said, and "that will also determine what
diploma he gets 12 years from now."

State education officials say they hope earlier
identification will keep more children in
regular-education classrooms with supplemented
teaching and place only students who need intensive
services in a different setting.

It's just one of the proposed changes to the state's
special-education regulations that is roiling parents
and special-education advocates. Many perceive the
proposed changes as minimizing parental input.

Richmond-area residents can sound off before members
of the state Board of Education tomorrow night at
Clover Hill High School in Chesterfield County. More
than 3,000 public comments have been submitted.

The state education board is revising Virginia's
standards to comply with federal law. Education
officials say the wide-ranging proposals are aimed at
streamlining the extensive special-education policies
and aligning them with federal regulations.

Education officials cannot determine how many fewer or
more students will receive special-education services
as a result of the changes and therefore have not put
a price on the proposal. It costs an average of
$10,538 to educate a special-needs child.

An economic-impact statement from the Department of
Education indicates some features would "ambiguously
produce net benefits," others would carry benefits and
costs, and some -- making sure only fully capable sign
language interpreters are used, for example -- would
likely cost districts more.

Also, if parental control diminishes in some areas,
particularly relating to a child's education plan,
more parents and school districts could find
themselves in pricey due process disputes.

Parents are fretting over some changes more than
others, including one that would allow school
officials to determine that a student no longer has a
disability and discontinue special-education services
without parental consent. Parents would be able to
appeal the decision.

Gov. Timothy M. Kaine wrote to the Board of Education
that "I do not currently see any circumstances under
which I would approve a final regulation reducing
parental involvement in these ways."

Most recently, the Virginia Office for Protection and
Advocacy, a state agency that addresses
disability-related problems, filed comments critical
of the proposed regulations, concluding that "the
proposals will seriously undermine Virginia's
commitment to full acceptance and integration for
people with disabilities."

The regulation change that would allow school
districts to continue to label children as
developmentally delayed but until only age 5 has
concerned parents and other groups.

The developmentally delayed classification was never
intended for children with a discernable disability,
said H. Douglas Cox, assistant superintendent in the
division of special education. Cox said school
officials want to see fewer students in special
education who may not need intensive services --
including black students who receive such services
disproportionately.

"We just don't want too early a rush to judgment," Cox
said. Educators want to "make certain we do give good,
strong, research-based instruction in the
general-education classroom a fighting chance to make
a difference before we consider a child eligible for
special education."

Those regular-education supplements were not
recognized to such a degree the last time the state
set its regulations, he said.

Still, parents and special-education advocates cringe
at labeling a student with a severe disability when
the child hasn't even learned to read.

"These young children have not yet even had the
experience or exposure to the general-education
curriculum; of learning how to read, write and do
arithmetic. How can we possibly think that we know if
they have 'mental retardation' or a 'learning
disability' at age 5?" said Sue Sargeant, a public
school speech therapist in Northern Virginia.

Chesterfield parent Jennifer Peers said that if her
daughter Molly, 10, had been tested under the proposed
regulations five years ago, "she would be stuck in a
self-contained classroom somewhere" rather than making
honor roll in regular-education classes and being "one
of the most popular girls in school."

Molly uses a wheelchair and a communications device.

"The only label that should be on any 5-year-old is
their name," Peers said.

Local school districts, meanwhile, do not know how
potential changes will affect them, or when they may
go into effect.

Jacqueline Wilson, director of special education for
the Chesterfield school system, said that when it
comes to testing and labeling children, "you need a
little bit of time in order to make the determination
about some disabilities."

By age 5, some are obvious, she said. Others, however,
"I would hate to rush to judgment about a child
without certainty."

She said the developmentally delayed label is broad
for a reason.

"It was intended to give children time to develop and
mature and get some instructional exposure," she said,
"[because] some kids develop later."
Contact Olympia Meola at (804) 649-6812 or
omeola@timesdispatch.com

Contact Holly Prestidge at (804) 649-6945 or
hprestidge@timesdispatch.com

Richmond Times Dispatch Article
Action Alert: Special Education Regulations
Special Education Action Alert Take Action!
Advocates asked to contact Virginia's legislature about proposed regulation revisions

Dear Members of The Arc:
The advocacy efforts regarding the proposed Special Education Regulations are really picking up momentum and this is truly thanks to YOUR help and hard work! We are pleased to report that across the Commonwealth, advocates of all ages and perspectives have been expressing concern to the Virginia Department of Education about the proposed Special Education regulations with the request that these regs be sent "back to the drawing board".  Many thanks to all of you who have sent in public comment to VDOE, provided testimony at public hearings, worked with local press/wrote letters to the editor, and forwarded The Arc's action alerts to "get the word out"!
Now for the next step in the advocacy efforts...
All students, family members and other concerned citizens are strongly encouraged to share your concerns about the revised Special Education Regulations with your Delegate and Senator.  The Arc has been hearing that some members of the General Assembly (from both sides of the aisle) have either contacted DOE directly or have spoken at the public hearings. This is great news and we are asking advocates across the state to help build on these efforts by inviting your Delegate and Senator to be part of this movement as well!  TAKE ACTION today by using The Arc of Virginia's Action Center to send your legislator an email requesting his/her help in protecting the rights of children with disabilities in Virginia's schools. Please add a personal note about how these regulations could impact (or would have impacted) you or someone you care about. Click on the blue Take Action link to compose your letter now. Thanks for your advocacy on behalf of children and adults with intellectual and developmental disabilities! Your efforts are making a difference! -
The Arc of Virginia Still need to send you public comment to VDOE about the proposed regulations? 
Click here to send your public comments now.
Are you planning on attending a public hearing in your area?
Click here for more info on dates, times, and locations of these hearings.
Would you like to send a letter to the editor about how these regulations will impact you or someone you care about?
Click here to visit The Arc of Virginia media guide.