The U.S. Department of Education found that Virginia fixed significant issues with its special education programs that had been an issue since 2019. It also found new, less serious issues with the state’s compliance with federal special education law.
The federal education department’s Office of Special Education Programs sent a letter last week that identifies new areas in which Virginia is out of compliance with the Individuals with Disabilities Education Act. That federal law, passed in 1975, ensures that students with disabilities receive a free and appropriate public education.
The new monitoring report identifies issues with the state’s complaint procedures for parents, confidentiality guidance, independent educational evaluations, and due process issues. The fixes for the issues are mostly regulatory. The state education department will bring the several regulatory actions to the Board of Education next week to bring the department into compliance with many of federal office’s new recommendations.
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Last year, the U.S. Department of Education threatened to withhold federal funding from the state and said that Virginia had one year to get into compliance with the law before it could face sanctions. Virginia is now in compliance with those issues, first raised in June 2020 during then-Gov. Ralph Northam’s administration, and that monitoring report is closed out.
“We are pleased that OSEP has acknowledged the significant improvements in Virginia’s special education programs and that previous issues cited have been corrected and resolved,” said Todd Reid, a spokesman for the state education department. “Our focus is on providing the highest quality programs for Virginia’s special education students.”
The 2020 report found that Virginia inadequately oversaw special education complaints against local school systems. It also criticized the state agency’s lack of procedures in responding to and monitoring complaints related to special education programs.
A 2022 letter raised concerns that Virginia’s “deficient” leadership during the COVID-19 pandemic may have led to noncompliance by school districts.
Virginia Superintendent Lisa Coons in a letter to the U.S. Department of Education last week thanked the department for working with the Virginia education department to recommend changes to help improve services to children with disabilities.
“We are committed to ensuring all children in Virginia receive high-quality instruction, with strong systems of parent and family engagement, prioritized monitoring and support, as well as an emphasis on…
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