Proposed state rule worries parents of special-ed youths

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By Zinie Chen Sampson ASSOCIATED PRESS

Matthew Jenkins was diagnosed with autism when he was 2 1/2 years old, but his parents say he's made good progress in school with the help of an educational specialist who works with his teacher.

But now Matthew's parents worry that if new state regulations take effect, the 7-year-old's school can remove the specialist without their consent, a fear state education officials are trying to downplay.

"What we've got going now is working," said Eric Jenkins, Matthew's father. "If it's not broken, don't try and fix it."

About 170,000 Virginia students receive public special-education services, at an average annual cost of $11,000 per person, compared to $9,900 for students without disabilities.

Drawing the most attention is a proposal to allow school officials to end special-education services for a child without parents' approval, which is required under current policy.

The measure is among several in the Virginia Department of Education's 315-page draft regulations, which are open for public comment until June 30.

Nearly 400 people have testified at public hearings statewide, and officials have received more than 9,000 comments, with most opposed to the changes, said Assistant Superintendent for Special Education and Student Services H. Douglas Cox.

Congress' reauthorization of the Individuals With Disabilities Education Act (IDEA) in 2004 and subsequent changes to federal regulations require states to revamp their special-education laws to conform. IDEA requires each student to be given an individualized education plan tailored to specific needs.

U.S. Department of Education's Office of Special Education and Rehabilitative Services, said at least half the states are still revising their special-educational laws.

Virginia Gov. Tim Kaine, a Democrat, has said he opposes changes that reduce parental involvement.

The Virginia State Board of Education is expected to vote on the regulations in the fall.

Virginia is one of the few states that require parental consent, which goes beyond what the federal regulations demand, said U.S. Department of Education's department that monitors state special-education plans.

"Many states have taken a lean approach in their requirements," though each state can decide whether to offer additional protections, she said.

Mr. Cox said parents are already part of the team that determines whether to terminate services to children, and parents can appeal any decision at the school division's expense.

However, the proposed regulations also would shift supervision of hearing officers from the state Supreme Court to the Department of Education, which advocates for children with disabilities say could create conflicts of interest.

Other proposed changes include loosening progress-report requirements, redefining the age range for children to be classified with developmental delays and removing short-term academic benchmarks.

Special-education administrators and state officials say the changes would reduce paperwork and save money for school divisions.

"No resources are infinite; we don't want them to be directed to where they're not needed," said education spokesman Charles Pyle.