Two Virginia lawmakers are proposing sweeping measures to improve the state’s provision of special education services as criticisms from parents and the federal government over Virginia’s compliance with the Individuals with Disabilities Education Act continue.
Sponsored by Del. Carrie Coyner, R-Chesterfield, and Sen. Barbara Favola, D-Arlington, the proposals would create a statewide system to oversee the development and use of individualized education programs (IEPs) for students with special needs, require more training for educators about how to provide inclusive special education instruction, set up eight regional “special education parent support centers” and provide additional specialists to divisions.
“It’s no secret we are failing our students with disabilities in Virginia,” said Coyner during a Jan. 30 hearing on the legislation.
Federal law requires states to provide all students with disabilities a “free appropriate public education.” Among the requirements of the Individuals with Disabilities Education Act is that schools must offer an IEP and that “every child should have the chance to meet challenging objectives,” according to a 2017 U.S. Supreme Court decision.
“This bill ensures that there is monitoring of this civil rights law at the state level, and it’s very necessary,” said Kandise Lucas, a special education advocate, during a recent House Education subcommittee meeting.
Virginia has almost 181,000 students receiving special education services this school year, an increase of nearly 7,000 students from a year ago. But the state has struggled to meet the demands of students with disabilities.
Virginia has repeatedly been criticized by the federal government for problems with providing special education services. A June 2020 report by the U.S. Office of Special Education Programs determined that Virginia “does not have the procedures and practices that are reasonably designed to enable the state to exercise general supervision over all educational programs for children with disabilities.”
The Virginia Department of Education disputed some of the findings, saying the federal office included “factual inaccuracies.”
However, in a Feb. 17, 2023 letter from OSEP, the office identified “significant new or continued areas of concerns” with how the state was complying with supervision, dispute resolution and confidentiality requirements in IDEA. In particular, it concluded Virginia “does not have procedures and practices that are reasonably designed to ensure a timely resolution process” for complaints and said at least five districts were not adhering to IDEA regulations.
Individual school divisions have also been faulted by federal officials. In November 2022, the U.S. Department of Education’s Office of Civil Rights found Fairfax County Public Schools, Virginia’s largest school district, had failed (link added by FFXnow) to provide thousands of students with disabilities the education they were entitled to receive during the COVID-19 pandemic.
State reviews have also echoed many federal criticisms. In 2020, the Joint Legislative and Audit Review Commission identified major shortcomings in the state’s provision of special education services, including low-quality IEPs, a lack of knowledge among educators about how to effectively support students with disabilities and shortfalls in the Virginia Department of Education’s oversight of local divisions.
Researchers who reviewed 90 randomly selected IEPs found about half lacked goals for academic progress or improved functioning, which are required by federal law. About 37% of parents believed the services outlined in their child’s IEP were only “somewhat” or “not at all appropriate.”
A third of the special education directors interviewed by JLARC said only half or fewer administrators and general education teachers in their division had the knowledge or skills necessary to support students with disabilities. However, researchers pointed out that state regulations only required “minimal” training in special education for administrators.
Overall, the report observed Virginia students with severe, less common or multiple disabilities graduated at a rate lower than those with more common disabilities. Additionally, it found a persistent shortage of special education teachers, with many school divisions relying on underprepared teachers to fill gaps. Read More
The project to extend the I-495 Express Lanes north toward the American Legion Bridge has been under construction for half a year now, but some McLean residents remain as determined as ever to fight the Beltway’s encroachment into their neighborhoods.
Residents along Live Oak Drive in particular have consistently argued that they will face the most disruptions from the I-495 Northern Extension (495 NEXT) without getting the congestion relief benefits touted by the Virginia Department of Transportation.
The latest blow came at the sight of workers cutting down trees that serve as a buffer between Live Oak and two existing I-495 (Capital Beltway) and George Washington Memorial Parkway ramps.
VDOT says the tree clearings were necessary to make room for the Beltway widening, a new retaining wall adjacent to I-495, and a planned noise wall adjacent to Live Oak Drive. But residents fear the redesigned interchange will be a new “Mixing Bowl,” the tangle of ramps and overpasses where I-495, I-395 and I-95 meet in Springfield.
“VDOT/Transurban are trying to shove through a new ‘Springfield Mixing Bowl’ right here in McLean,” Northern Virginia Citizens Association President Debra Butler said in a recent email to members. “Future demolition and construction will impact both sides of 495 at Georgetown Pike, Live Oak Drive, Langley Swim Club, Scotts Run Nature Preserve with a new ‘McLean Mixing Bowl’ with ramps as high as 271 feet [above sea level].”
Discussions of potential legislation underway
Organized in opposition to 495 NEXT, the association held a meeting at the Langley Swim & Tennis Club on Friday (Dec. 16) to discuss the tree removals and their issues with the project’s size.
Attendees at the meeting included Del. Kathleen Murphy (D-34) and state Sen. Barbara Favola (D-31), who have started talking to Virginia Secretary of Transportation W. Sheppard Miller III about options for addressing resident concerns.
The association has suggested allowing commercial trucks in the I-495 Express Lanes, where they’re currently prohibited, and having them get on and off in Tysons instead of McLean, eliminating the need for some flyover ramps.
VDOT says a planned exchange ramp allowing vehicles to exit the toll lanes at the GW Parkway is intended for all vehicles, though one purpose is to give trucks from Maryland access to the general purpose lanes.
Legislators could also introduce a bill with new controls on public-private partnerships like the one between VDOT and express lanes operator Transurban, improving transparency and limiting their ability to substantially change a project’s design after a public hearing, Butler says.
Murphy confirmed she and Favola are having discussions about potential legislation, but no concrete proposals have formed yet, even with a Jan. 1 deadline to submit bills for the 2023 General Assembly session looming.
“Those are certainly things we are going to bring to the attention of the secretary of transportation to see what possibilities are available, and as soon as we finish those conversations, we’ll have a better idea,” she told FFXnow. Read More