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The Virginia Board of Education on Thursday adopted changes to how the state handles compliance complaints regarding students with disabilities.

Since 2019, Virginia has been under ongoing investigation by the U.S. Department of Education, which previously determined that the state repeatedly failed to resolve complaints filed by parents and did not have 鈥渞easonably designed鈥� procedures and practices to ensure a timely resolution process for those complaints.

The regulatory changes, which would align Virginia with federal regulations, replace standards that had not been updated since July 29, 2015.

鈥淲e鈥檙e all committed to ensuring that our special education populations, their families, and students are receiving everything and more that they need to be successful,鈥� said board president Grace Creasey at the board鈥檚 meeting on Thursday.

On March 13, the U.S. Department of Education鈥檚 Office of Special Education Programs provided the Virginia Department of Education with a report identifying areas where the commonwealth鈥檚 regulations were noncompliant with the federal Individuals with Disabilities Education Act.

During its investigation, the office found the state did not meet federal requirements to identify and correct noncompliance issues and confidentiality requirements.

Virginia is required by federal law to provide all students with disabilities a 鈥渇ree and appropriate public education鈥� through personalized plans under the Individualized Education Program.

Nearly currently receive this service, nearly 7,000 more students than did a year ago.

As part of a legislative and budget package, Gov. Glenn Youngkin is considering measures that would create immense changes to improve how the state provides special education services.

According to the special education legislation that passed the General Assembly, the legislation calls for the state to create a system to oversee the development and use of IEPs for students with special needs. It would also require more training for educators on how to provide inclusive special education instruction.

The governor is also considering a total of $4.4 million over the next two years to establish eight regional special education family support centers, to provide professional development opportunities to school staff, and to enable ongoing special education coaching at schools.

Regulatory changes

Some of the consist of replacing words such as 鈥渓ocal educational鈥� agency with 鈥減ublic鈥� agency and amending definitions of 鈥渂usiness day,鈥� 鈥渃alendar day,鈥� and 鈥渃omplaint鈥� to align with federal regulations and OSEP guidance.

Other changes will require the Virginia Department of Education to determine on a case-by-case basis what information must be withheld when resolving a complaint filed by someone other than the child鈥檚 parent if the parent has not consented to the release of the child鈥檚 personally identifiable information.

Under the previous regulations, Virginia鈥檚 law did not allow for a case-by-case determination as to whether non-personally identifiable information can be shared with a non-parent complainant, and was inconsistent with federal regulations.

The board also agreed to amend the regulations to clarify that mediation is available 鈥渢o parties to any dispute arising under the [Individuals with Disabilities Education] Act.鈥�

In survey responses, parents of students with disabilities told researchers from the Joint Legislative Audit and Review Commission, the state鈥檚 legislative watchdog, that they were not being adequately informed of the state-level resources available to them for resolving disputes with their child鈥檚 school.

While the discussions in meditation processes are confidential and may not be used in court, the board removed the requirement for parties to sign a confidentiality form before any meditation begins.

Lisa Coons, superintendent of public instruction, said in her response to the federal office that a workgroup formed under the state agency developed the for Special Education, a plan informed by two outside experts鈥� evaluations and recommendations.

The plan outlines the creation of a team that reports directly to the state鈥檚 superintendent of public instruction, tasked with monitoring how school divisions provide special education services and assisting them as needed.

鈥淲e are committed to ensuring that all in Virginia receive high-quality instruction, with strong systems of parent and family engagement, prioritized monitoring and support, as well as an emphasis on post pathways for all learners,鈥� Coons wrote in response to the federal office.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com. Follow Virginia Mercury on and .

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