Litigation

According to a memo by the governor of Virginia, recently proposed regulations  by the Virginia Department of Education (8 VAC 20-81-10 et seq.) would result in:

1. Elimination of parental consent prior to partial or complete termination of or changes to special education and related services.

2. Elimination of parental consent before providing special education services for transfer students.

3. Removal of parents from the Functional Behavioral Assessment team.

4. Addition of an option for the Local Education Agency to refuse a parent?s request for an Individualized Education Plan meeting if the LEA considers the request unreasonable.

5. Reduction in the number of regular progress reports given to parents on their child?s Individualized Education Plan.

The status of the proposed regulations should be of interest not only to parents of children with special needs, but also to attorneys, settlement planners, structured settlement brokers and allied professionals, life care planners, trustees and others who provide financial advice to or for the benefit of injured minors in the Commonwealth of Virginia, or those contemplating a move to Virginia.

Currently in the public comment period, the Virginia Department of Education will hold 9 public hearings about the proposed regulations. Click here for a list of hearing dates and locations. click here for instructions on how to provide public comment.

If you don't have time to wade through the 315 page proposed regulations,  perhaps the 81 page "abbreviated" town hall supporting documents will be helpful.