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2000 SESSION


HOUSE JOINT RESOLUTION NO. 302
Creating the special task force of the Commission on Educational Accountability to examine the need for appropriate alternative forms of Standards of Learning assessments for students receiving special education and related services, and directing the Commission on Educational Accountability to continue the work of the Joint Subcommittee on Remediation.

Agreed to by the House of Delegates, February 15, 2000
Agreed to by the Senate, March 2, 2000

WHEREAS, federal regulations under § 504 of the Rehabilitation Act of 1973 and state regulations promulgated pursuant to the Virginians with Disabilities Act require that individuals with disabilities be given equal opportunity to participate in and benefit from those policies and procedures customarily granted to all individuals; and

WHEREAS, it is the intent of the Commonwealth to include all children in the general education curriculum, and the majority of children identified as eligible for special education and related services are capable of participating in the general education curriculum to varying degrees, with some adaptations and modifications; and

WHEREAS, proposed revisions to the Standards of Accreditation (8 VAC 20-131-30 D) provide that participation in Standards of Learning (SOL) testing by students with disabilities will be prescribed by provisions of their Individualized Education Plan (IEP) or 504 Plan, and that, beginning with the school year 2000-2001, students with disabilities for whom participation in a modified assessment is prescribed in their IEP or 504 Plan shall demonstrate proficiency on that assessment; and

WHEREAS, the provision of appropriate SOL assessments allow students receiving special education and related services an opportunity to demonstrate their achievement; and

WHEREAS, a student receiving special education and related services who meets the requirements as developed should receive an appropriate diploma; and

WHEREAS, the provision of various forms of SOL assessments holds real promise in being the first accountability measure to document that all children with disabilities receive the same high-quality education as other children in the Commonwealth of Virginia; and

WHEREAS, excluding children receiving special education and related services from state-wide and division-wide assessments has severely limited, and, in some cases, prevented these children from continuing on to postsecondary education; and

WHEREAS, the results of such identified SOL assessment instruments must be made public with the same frequency and level of detail as other state-wide and division-wide SOL assessment results; and

WHEREAS, the need for an appropriate SOL assessment for students receiving special education and related services requires careful consideration of a variety of complex educational, fiscal, and policy issues; and

WHEREAS, the Joint Subcommittee Studying Remedial Summer School Programs was established, pursuant to House Joint Resolution No. 529 (1995), to study the status and needs of the remedial summer school program, and has been continued to date to conduct a comprehensive review and analysis of the system of remediation in the Commonwealth, including, but not limited to, the process of remediating and accelerating students, the administration and organization of the system, the curriculum, funding, a review of the academic performance of students who have been identified for remediation and acceleration, and the effectiveness of remediation relative to the Standards of Learning (SOL) and Standards of Accreditation (SOA); and

WHEREAS, the joint subcommittee found that funding, staff development, transportation, program quality and equity issues, program effectiveness, and many other factors affect the remediation of students and the delivery of remedial services, and that these issues, which require very careful deliberation, are critical problems throughout the Commonwealth; and

WHEREAS, although various approaches to address these problems have been proposed for consideration, including block grant funding, the establishment of standards, increased funding for remediation, greater school board flexibility in designing local remediation programs, the standardization of certain remedial program components, innovative instructional programs, early identification of at-risk students, funding transportation services, and many other initiatives, the complexity and interconnected components of the remediation system do not lend themselves to expedient solutions; and

WHEREAS, the SOL and SOA requirements have stimulated the need for more remedial programs and services, as evidenced by the low percentage of public schools in the Commonwealth that can meet the SOL requirements, and the need for alternative SOL assessments for students receiving special education and related services; and

WHEREAS, recent SOL results must be examined in light of the educational needs of students, and any proposed restructuring and funding of the remediation system must ensure that all students identified for remediation are served; and

WHEREAS, the comprehensive review of the remediation system initiated by the Joint Subcommittee on Remediation, pursuant to House Joint Resolution No. 572 (1999), should be continued and completed to provide a thorough understanding of the nexus between public education policies, service delivery, and the governing structure of public education vis-a-vis sound projections regarding future remediation needs before the Commonwealth's remediation system can be reorganized to reflect the impact of the SOL and the SOA requirements; and

WHEREAS, although the joint subcommittee has worked diligently on this problem, the task is phenomenal, given the complexity and interdependent nature of a myriad of public education and funding policies, and more time is required to complete this important work; and

WHEREAS, Senate Joint Resolution No. 498 (1999) established the Commission on Educational Accountability to address multiple issues related to and affecting the Standards of Quality, the Standards of Learning, and the Standards of Accreditation for Virginia's public schools; and

WHEREAS, it is reasoned that the consolidation of these issues under the aegis of the Commission charged to examine educational reform matters will provide a forum and mechanism to consider these issues in their entirety; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the special task force of the Commission on Educational Accountability to examine the need for appropriate alternative forms of Standards of Learning assessments for students receiving special education and related services be created, and that the Commission on Educational Accountability be directed to continue the work of the Joint Subcommittee on Remediation.

The special task force shall be composed of 8 members of the Commission on Educational Accountability, pursuant to SJR No. 498 (1999), to be appointed as follows: 5 members to be appointed by the Speaker of the House; and 3 members to be appointed by the Senate Committee on Privileges and Elections.

However, notwithstanding the provisions of SJR No. 498 (1999), citizen members and members of the House of Delegates appointed by the Speaker of the House to the Commission on Educational Accountability, pursuant to SJR No. 498 (1999), shall be subject to reappointment or replacement by the Speaker of the House. Members of the House of Delegates shall be appointed in accordance with the principles of Rule 16 of the Rules of the House of Delegates.

In conducting the study, the special task force shall consider, among other things, current state-of-the-art testing and assessment of students receiving special education and related services; the development of appropriate forms of SOL assessments that will provide students receiving special education and related services with a range of modifications and accommodations to meet their educational needs; and such other issues as it deems appropriate.

To assist it in its work regarding alternative SOL assessments for students receiving special education and related services, the special task force shall consult with individuals from professional fields including clinical and developmental child psychology; public school teachers and educators experienced in the fields of autism, developmental delays, emotional disabilities, learning disabilities, mental retardation, physical disabilities, severe disabilities, blindness, hearing impairment, multiple disabilities, other health impairment, visual impairment, and traumatic brain impairment. In addition, the task force shall seek the input of parents of children receiving special education and related services and representatives from statewide and local advocacy organizations.

The special task force shall regularly apprise the Commission on Educational Accountability regarding its deliberations, findings, and recommendations on a schedule to be determined by the Commission.

With regard to the continuation of the work of the Joint Subcommittee on Remediation, the Commission shall become familiar with the issues and policies regarding the joint subcommittee's work and its subsequent findings and recommendations throughout the course of its study so that efforts are not duplicated, and complete the objectives in the joint subcommittee's work plan for 2000.

The Division of Legislative Services shall provide staff support for the study. The Department of Education and the staffs of the House Committee on Appropriations and the Senate Committee on Finance shall provide technical assistance, upon request. All agencies of the Commonwealth shall provide assistance, upon request.

The direct costs of this study shall not exceed $7,500.

The special task force shall submit its findings and recommendations to the Commission on Educational Accountability by January 1, 2001, for inclusion in the Commission's final report to the Governor and to the 2002 Session of the General Assembly.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.