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2024 SESSION

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SB 220 Special education and related services; definitions, utilization of Virginia IEP.

Introduced by: Barbara A. Favola | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Special education and related services. Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including requiring (i) the Department of Education to (a) develop, establish, review and update as necessary at least once every five years, and make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP that includes, at a minimum, an IEP template component and a data system component and (b) develop and publish a data dashboard for the annual public reporting of state-level, division-level, and school-level special education data; (ii) each local school board to designate a faculty member to serve as a special education parent/family liaison to be a resource to parents and families to understand and engage in the referral, evaluation, reevaluation, and eligibility process if they suspect that their child has a disability and in the IEP process; and (iii) the Parent Training and Information Center in the Commonwealth designated pursuant to relevant federal law to establish special education family support centers in eight distinct regions of the Commonwealth that shall each be staffed by a regional special education family liaison employed by such center, coordinate with the designated special education parent/family liaisons in the local school divisions in the region, develop and implement outreach and support to parents of children with disabilities in its region, and track and report to the State Parent Ombudsman for Special Education data on questions and concerns raised by parents. This bill is identical to HB 1089.

SUMMARY AS PASSED SENATE:


Special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework. Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including requiring (i) the Department of Education to (a) review and update all forms and worksheets relating to referral, evaluation, reevaluation, and eligibility, and to review and update guidance on the implementation of all such forms and worksheets; (b) develop guidance for students and parents on and processes relating to the alternative path to earning a standard diploma through credit accommodations, including special permission credit accommodations for locally awarded verified credits; and (c) review and consider updating its regulations to include parent and student input as required content in an individualized education program (IEP), define "short-term objectives" for the purpose of IEP content, and include, as appropriate, short-term objectives derived from measurable goals as content in an IEP; (ii) each public elementary or secondary school, after a child with a disability graduates from, ages out of, or otherwise leaves any such school, to retain the special education records of such child for at least seven years; (iii) each education preparation program offered by a public or private institution of higher education or alternative certification program that provides training for any student seeking initial licensure by the Board of Education with certain endorsements as specified in the bill to (a) include a program of coursework and require all such students to demonstrate mastery in instructional practices to support specially designed instruction, as that term is defined in the bill, in inclusive settings and (b) ensure that coursework and, as available, field practice opportunities that build knowledge of instructional practices to support specially designed instruction in inclusive settings are a focus of the education preparation program; and (iv) each school board to notify the parent of any student with disabilities who has an IEP and who fails to meet the graduation requirements of such student's right to a free and appropriate education to age 21, as provided in relevant law. The bill requires the Department of Education to submit to the Chairs of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations by November 1, 2024 an initial report on its progress toward improving services to students with disabilities, including estimated costs, requirements, and the timeline to implement a Virginia Individualized Education Program data system and template and plans, estimated costs, and timelines for the implementation of other provisions of the bill relating to the development and provision of high quality professional development and instructional practices to support the provision of specially designed instruction in inclusive settings. The bill also requires each school board to adopt by January 1, 2028 policies relating to the utilization of the components of the Virginia Individualized Education Program data system and template or a local alternative. Finally, the bill directs the Virginia Commission on Youth to study and make recommendations to the General Assembly by November 1, 2025 on Virginia's special education dispute resolution system.

SUMMARY AS INTRODUCED:


Special education and related services; definitions; records retention; duties of Department of Education; parent engagement specialists; professional development; education preparation program coursework. Makes several changes relating to special education and related services for children with disabilities in public elementary and secondary schools in the Commonwealth, including (i) establishing a definition for "individualized education program" or "IEP"; (ii) requiring, after a child with a disability graduates from, ages out of, or otherwise leaves any public elementary or secondary school in the Commonwealth, such school to retain the special education records of such child for at least 75 years; (iii) requiring each local school board to (a) provide high-quality professional development in instructional practices to support specially designed instruction in inclusive settings, as that term is defined in the bill, for certain teachers and administrators employed in the local school division and (b) employ at least one full-time equivalent special education parent engagement specialist to serve as a resource to parents to understand and engage in the referral, evaluation, and eligibility process if they suspect that their child has a disability and to understand and engage in the IEP process; (iv) requiring the Department of Education, among other things, to (a) establish eight regional special education parent support centers that are each staffed by a regional special education parent ombudsman and coordinate with such division special education parent engagement specialists employed by each local school board; (b) elevate the position of State Parent Ombudsman for Special Education to perform certain functions, including systematically tracking and reporting questions and concerns raised by parents to the Superintendent of Public Instruction and coordinating the activities of such regional special education parent support centers; and (c) develop, establish, review and update as necessary at least once every five years, make available to each local school board an IEP writing, facilitation, tracking, and transfer system to be referred to as the Virginia IEP; and (v) requiring each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any student seeking initial licensure by the Board of Education with certain endorsements to include a program of coursework and require all such students to demonstrate mastery in instructional practices to support specially designed instruction in inclusive settings.