The Learning Disabilities Association of Virginia, LDAV, thanks the Virginia Department of Education for the opportunity to submit comments concerning Virginia’s response to the recently issued final federal regulations for IDEA 04. Our comments address 1) provisions not currently in the Virginia regulations that should be adopted and 2) provisions in the current regulations which should be retained. Our comments are intended to comply with the federal regulations issued in 2006 and follow the order used in the IDEA 04 Regulations.

NEW PROVISIONS NOT IN CURRENT VIRGINIA REGULATIONS

300.226 EARLY INTERVENING SERVICES
LDAV recommends that the state regulations make it clear that although the early intervening services are for students who have not been identified as in need of special education and related services in grades K-12, students needing academic and/or behavioral supports may benefit from a program offering early intervening services. The Virginia regulations should also clarify that related services from speech pathologists, school psychologists, and counselors, as well as supplemental materials may be provided.

In addition, LDAV recommends that the state regulations require that LEAs notify parents in writing when their child begins receiving specific interventions or related services in academic or behavioral areas and indicates the expected duration of those services.

300.305 (e) (2)(3) EVALUATIONS BEFORE CHANGES IN ELIGIBILITY
LDAV recommends that the state regulations regarding the summary of academic achievement and functional performance required for a student who is no longer eligible for special education because of graduation with a regular high school diploma or exceeding the age of eligibility, should require specific documentation addressing student needs for a successful transition to postsecondary education or employment. Components of the SOP template developed by LDA, in cooperation with other LD organizations should be reviewed as a guide to determining specific, required components for the SOP in the Virginia regulations.

300.307 ELIGIBILITY FOR SPECIFIC LEARNING DISABILITIES .
300.307 (a) General . A State must adopt, consistent with 300.309, criteria for determining whether a child has a specific learning disability as defined in 300.8(c)(10).
LDAV strongly recommends that Virginia develop regulations which include multiple models and criteria for determining whether a child has a specific learning disability.

300.307 (a)(1) Although the state must not require the use of a severe discrepancy between intellectual ability and achievement , it may allow it. LDAV urges the Department to permit the use of a discrepancy between ability and achievement based on a difference in standard scores (e.g. percentiles), rather than standard deviation, as ONE OF THE CRITERIA for determining a specific learning disability.

300.307 (2) Must permit the use of a process based on the child’s response to scientific, research-based intervention.
LDAV recognizes that intervention-based problem solving models, commonly called RTI (response to intervention) have been implemented in limited ways across the country and data from such models are being considered in many states as ONE OF THE CRITERIA for determining the existence of SLD.

However, LDA is concerned that the IDEA regulations do not include guidelines for an effective RTI and thus LDAV recommends that State regulations for an RTI model establish guidelines, which address the following:
> Assure that scientific, research-based interventions are available for the ages and academic areas to be incorporated into an RTI model.
> Provide for effective training of administrators and regular education teachers to implement RTI in the general education classroom.
> Ensure that general and special education teachers to provide instruction with fidelity, consistency, and appropriate intensity.
> Establish timelines and criteria for changes in student interventions and movement among tiers.
> Inform parents of their right to submit a written referral requesting that their child receive a comprehensive evaluation for identification/eligibility at any time during an RTI process.
> Procedures are in place to ensure that identification/eligibility decisions are based on a comprehensive evaluation, including data beyond what is derived from an RTI.
> Procedures are in place to ensure that identification/eligibility decisions are based on a comprehensive evaluation, including data beyond data from an RTI.
> Procedures are in place to ensure that identification/eligibility decisions are based on multiple criteria and include measures of ability, achievement, as well as patterns of strengths and weaknesses, the presence of unexpected underachievement, and the exclusionary factors in the IDEA definition of specific learning disabilities.

Moreover, the Virginia regulations should require that parents be informed in writing and involved in an RTI process when their child is first found eligible for interventions that are more specialized than general classroom instruction. The federal requirement that parents are informed only when the determination is made that a child should be evaluated for special education and related services is too late to ensure a family/school partnership during earlier interventions.

300.323 (g) TRANSMITTAL OF RECORDS.
LDAV recommends that the state regulations clarify that parental permission is not required for a school system to send educational records to a receiving school and that failure to promptly respond to a request for records may be grounds for a complaint to the sending school.

CHANGES IN FEDERAL REGULATIONS WHICH MAY BE ADAPTED BY STATES

8VAC 20-80-62 F 2 SHORT TERM OBJECTIVES
LDAV is concerned that the federal requirement for IEP Goals without either short-term objectives or benchmarks, reduces the planned opportunities for parent/professional monitoring of academic and behavioral progress. Therefore, LDAV recommends that short term objectives be required in the IEPs of all students with disabilities

OR

8 VAC 20-80-62 7 IEP PROGRESS REPORTS
LDAV recommends that if short term objectives are not required in IEPs, the regulations require that IEPs include timelines and specify data to be used for measuring the student’s progress toward annual goals.

8 VAC 20-80-82-C1 TEAM MEMBERSHIP EXCUSAL
LDAV strongly recommends that the agreement to excuse a team member from the IEP meeting, not only must be in writing, but must also be provided to the parent at least five school days before the scheduled IEP meeting.

8 VAC 20-80-62 F 9 SECONDARY TRANSITION AGE REQUIREMENT
LDAV strongly recommends that the Virginia regulations maintain the requirement that at age 14 or earlier, a secondary school course of study be planned that prepares the student for meeting his/her postsecondary education and/or employment goals.

300.320 IEP (b) Transition services. LDAV recommends that the state regulations continue to require planning a course of study beginning at age 14 and transition services needed beginning at age 16.

Thank you again for the opportunity to comment.

Jean Lokerson, President
Learning Disabilities Association of Virginia
3914 Monument Avenue
Richmond, VA 23230-3902
804-358-5474