Released on July 19, 2022, the US Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) published several policy documents and guides to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.
The resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students and schools through pandemic recovery.
From the Virginia Department of Education, this 2021 guidance offer is an addendum to the Virginia Department of Education’s Evaluation and Eligibility For Special Education and Related Services: Guidance Document and Guidance on Evaluation and Eligibility for the Special Education Process Appendix A (Sample Evaluation and Eligibility Forms). The Supplemental Guidance provides information about data sources that may be used to inform eligibility for special education services or a need for a related service, as well as information to assist in the local interpretation for terminology in Virginia special education regulations that are not clearly defined (e.g., determining “adverse educational impact” and determining “need for specially designed instruction”).
Originally broadcast on March 1, 2022, this webinar presented by Kelly Henderson of Formed Families Forward includes a review of the why, when, who and what of special education reevaluations or “triennials”. The 4 steps of reevaluation and the specifics of the ‘developmental delay’ category are covered.
Delivered on February 22, 2022 by FFF staff experts, this was first in the Winter 2022 Accessing Special Education: Evaluation & Eligibility Basics webinar series. This session covered initial referral and evaluation processes, timelines and requirements. Eligibility categories and approaches were shared.
Find the Virginia Joint Legislative Audit and Review Commission’s December 4, 2020 report on K-12 Special Education HERE.
Find the December 14, 2020 presentation to the Commission HERE.
Find State Superintendent of Public Instruction, Virginia Department of Education response, December 14, 2020 HERE.
Background:
In 2018, the Joint Legislative Audit and Review Commission (JLARC) directed its staff to review Virginia’s K–12 special education system. Staff were directed to review school divisions’ identification and eligibility determination processes; the processes used to determine where students with disabilities will receive their education; student outcomes; the adequacy of training and expertise in special education across school divisions; the effectiveness of the Virginia Department of Education’s (VDOE) monitoring, guidance, and support; and spending trends in special education. (See Appendix A for the study resolution.)
To address the mandate, JLARC staff analyzed student- and state-level data on the enrollment, placements, discipline, and outcomes of students receiving special education, data on state and local spending on special education services, and data related to VDOE’s monitoring efforts. Staff interviewed school division special education directors, special education teachers, VDOE staff, parents, advocates, staff from education agencies in other states, and other stakeholders, including special education experts at Virginia’s special education Training and Technical Assistance Centers. JLARC staff also surveyed school division special education directors and parents of students receiving special education services and reviewed research literature on topics related to special education.
From the Virginia Department of Education
This publication was developed to help parents understand their rights and responsibilities, their child’s rights and the school’s responsibilities to meet the special needs of their child. The guide includes a description of the special education process and what is required of you and the school during each step of that process. Important timelines are highlighted in each section.
A Question and Answer guidance document from the Office of Civil Rights, US Department of Education that addresses how the Americans with Disabilities Act amendments of 2008 impact students with disabilities. This particularly impacts students who have a 504 plan or are eligible for protections under Section 504 of The Rehabilitation Act of 1973.
The Virginia Department of Education (VDOE), through grant funding provided by the Virginia Board for People with Disabilities (VBPD) and assistance provided by the Training and Technical Assistance Center (TTAC) at James Madison University has developed five web-based training modules for parents, school professionals, and other community stakeholders that work with families whom have a child with a disability. Parents and caregivers have certain goals in mind when their children go to school. Regardless of whether or not their children have disabilities, all parents want their children to learn, explore, and experience as much as they possibly can. Parents strive for their children to complete their public education, obtain a diploma, and be fully prepared to move on toward their chosen path, whether that is immediate employment, higher education, or something else. In order for children to achieve these goals, there are certain decisions that will have to be made along the way. The modules created relate to the Critical Decision Points for Families of Children with Disabilities curriculum and are designed to assist participants in understanding four things as they prepare to make these decisions:
There are a total of five modules that range in length from three to five minutes, which can be completed in a single viewing or broken up over time to meet individual time constraints.
The curriculum for these modules is also available in print and online. A fully accessible online version is located at the following web link: Virginia Department of Education’s Special Education – Parents Section. To obtain a printed copy of the curriculum or to ask questions about the module training opportunities, please contact Tracy Lee, Family Engagement Specialist, via email, at Tracy.Lee@doe.virginia.gov, or by phone, at (804) 225-3492.
This website provides a one-stop-shop for parents, families and caregivers of children with special needs to:
Parents and families can and do make a difference in their child’s education.