Individualized Education Plans in Virginia

In their pursuit of an education, students with disabilities are afforded access to a myriad of accommodations under the law. The anchor of this is an Individualized Education Plan (IEP) directed by federal law to K-12 school students to assist them in completing graduation goals until they age out at 21.

The Commonwealth of Virginia has a significant and diverse population dispersed throughout urban, suburban, and rural areas, covering an array of socioeconomic statuses and levels of education. Students rely on their local school district administration to appropriately implement their IEPs, including augmenting programs to best suit their needs. But just because an IEP is in place doesn't mean it's faultless and will always protect academic or behavioral needs. Therefore, parents and family members of students with disabilities should know the rules regulating IEPs in Virginia and how they may affect their children.

What is an IEP?

Under federal law, every student must receive a Free Appropriate Public Education (FAPE). One of the governmental protections for students with alternative needs is the Individuals with Disabilities Education Act (IDEA). The law provides support and instruction for a student with disabilities through IEPs, created and managed by a team that usually includes parents or guardians, teachers, school administrators, and special education professionals.

Components of an IEP typically include:

• Pre-IEP performance metrics: A comprehensive assessment of the student's current academic and behavioral performance, including strengths, weaknesses, and areas of potential improvement.
• Performance goals: Measurable targets that the student can reasonably accomplish within a given timeframe.
• Accommodations and modifications: Reasonable adjustments to the curriculum to help students achieve pre-set goals.
• Student body inclusion: Opportunities to join in general, school-wide classes and activities to foster integration.
• Special education services: Student-specific directives such as alternative classes, therapies, physical support systems, and others.

Students with qualifying disabilities will have an IEP created once they enter a local district, which is subject to revision periodically or in certain circumstances. Nevertheless, the Virginia Department of Education (DOE) ultimately governs each school district process.

Are IEPs in Virginia Different From Other States?

While IEPs are a federal directive of IDEA and thus similar in each state, there are a few subtle differences. Some states will maintain a student's IEP until age 22—a growing move nationwide. However, Virginia is yet to acquiesce.

Recently, the state legislature revised the rules guiding special education programs. The changes to DOE policy are as follows:

• School districts will develop a draft of a student's IEP prior to a scheduled IEP meeting.
• Administrators must provide such a draft to the parents at least two business days in advance of an IEP meeting.

Transition Plans for Postsecondary Goals

School districts will begin helping Virginia students with disabilities achieve graduation goals through an IEP no later than age 14. At age 16, students will start working on plans for postsecondary life.

In Virginia, the state-directed "I'm Determined Project" will focus on providing direct instruction, simulations, and opportunities to practice skills associated with self-determined behavior. The project facilitates students with disabilities to "undertake a measure of control in their lives, helping to set and steer the course rather than remaining the silent passenger."

When students graduate or age out of the special education program, a performance summary is given to the student, which will help them transition to postsecondary settings. The summary will include the following:

• Academic achievement: proficiency in learning skills, communication, reasoning, literacy, numeracy, and personal finance.
• Functional performance: behavior across different environments, including with peers, authority figures, the community, and an assessment of self-determination, safety, and operational skills.
• Accommodations and supports: modifications that students might need to be successful in postsecondary environments.
• Next steps: recommendations for attaining postsecondary goals such as attending college and employment opportunities.

To reach these goals, transition assessments will be conducted at least once a year to explore the student's strengths and needs and whenever the IEP team feels a change would be optimal. Nevertheless, all IEPs will be revised every three years unless parents or administrators request.

Virginia IEP Timeline

Once a referral is received for a student moving into a different school district, graduating into another grade, or for parental request, the school district's administrator of Special Education Evaluation (SPED) must initiate an eligibility evaluation with a school-based team within three school days, compiling data for the administrator to review within ten days.

If deemed appropriate, further evaluation by SPED must be completed within 65 days of the original receipt of the request. As mentioned before, all evaluation reports must be available to parents and guardians two days before an official IEP meeting. If a request for modification or IEP reevaluation is due to a dispute resolution, the timeline is shortened to 45 days.

Out-of-District IEP Placements

Typically, students with disabilities attend local or district schools alongside their non-disabled peers. However, even with the IDEA stipulation that students should be educated in the least restrictive setting, there are instances where a student's IEP Team may determine that a more specialized environment is necessary due to the specific nature of the student's disability. In exceptional cases, this could result in the student being placed in private institutions or facilities outside their regular school district. School districts must offer a range of educational settings to accommodate the diverse needs of students with disabilities. These can range from standard educational classrooms to specialized classes, dedicated schools, residential programs, home-based learning, and hospital settings.

A student may only be removed from a mainstream educational setting if their disability's nature or intensity is such that effective education in regular classrooms, even with additional support and accommodations, is not feasible. However, placements outside the district in private institutions can significantly limit students' interactions with their non-disabled peers. It is the responsibility of the IEP team, which includes the parents, to ensure that any such placement is both appropriate and the least restrictive option available to meet the student's needs.

Securing FAPE for each student can present challenges to educational authorities, especially when students are placed in private, out-of-district settings. These placements often result in higher transportation costs, which can be burdensome for families. Nonetheless, parental consent is mandatory during IEP meetings for any changes in educational settings, as recommended by SPED professionals. For added assurance in safeguarding your child's educational rights, consider contacting the Lento Law Firm's Education Law Team for guidance. Call 888-535-3686 or go online now.

IDEA Reauthorization

IDEA was passed by the U.S. Congress in 1975, and the legislation was previously revisited and reauthorized every seven years but hasn't had a meaningful update since 2004. This presents a few unfortunate obstacles for students with disabilities.

Currently, federal law does require school districts to provide all support at no additional charge to families, as limited funding remains a significant hurdle. Moreover, schools are only required to provide reasonable accommodations for qualifying disabilities. Therefore, only certain conditions are defined as disabilities that must fit into one of the following 13 categories:

• Specific Learning Disability
• Autism Spectrum Disorder
• Emotional disturbance
• Speech or language impairment
• Visual impairment, including blindness
• Deafness
• Hearing impairment
• Deaf-blindness
• Orthopedic impairment
• Traumatic brain injury
• Other health impairments, such as Attention Deficit Hyperactivity Disorder
• Multiple disabilities

While students with the aforementioned disabilities will receive accommodations to receive FAPE, it's not all accommodations—only reasonable ones. Therefore, students are at the mercy of the general ambiguity of federal regulations to protect them against school districts with limited means of redress. Such are reasons why IDEA needs to be updated and reauthorized.

Below are four areas where IDEA must be enhanced to ensure students with disabilities aren't left behind in the classroom.

1. Updates to regulation definitions: The process of renewing the legislation offers a chance to revise and enhance its provisions, drawing upon insights gathered from academic studies, legal decisions, and real-world applications since its previous renewal. Such modifications could touch upon various facets of the law, including redefining categories of disabilities, altering qualifying conditions, revising financial allocations, updating procedural protocols, broadening available accommodations, or addressing any other elements of the law.
2. Addressing emerging student and education issues: As time progresses, unanticipated difficulties and requirements may surface that were not considered in earlier iterations of the legislation. For example, due to the growing integration of technology in educational settings and the widening scope of recognized disabilities, revisions are necessary to guarantee that students with disabilities have both accessible and equitable educational opportunities.
3. Ensuring continued relevance: The renewal of IDEA serves to maintain the statute's applicability and efficacy for students with disabilities in today's educational and social landscape. Both students and their families depend on this federal legislation to support the well-being and societal inclusion of their children.
4. Focusing on funding Issues: Financial support for special education constitutes a significant component of IDEA. Nonetheless, educational districts find it challenging to allocate the necessary resources for students with IEPs. The renewal process offers an opportunity to reevaluate the funding mechanisms for special education and implement adjustments as required.

Nationwide, the need for special education services has escalated, even as state and federal funding, when adjusted for inflation, has waned. Consequently, local educational districts bear an increased financial burden, which can exacerbate inequalities in the services accessible to students, depending on the financial strength of their specific district. In essence, students located in wealthier districts have a greater likelihood of accessing the support to which they are entitled due to the superior financial resources of those educational institutions.

Lack of Funding Does Not End a Student's Right to Education

Although budgetary factors may have an impact on what is deemed as reasonable accommodations and services within an IEP, parents, and guardians should not permit a school district to decline a specific request or service based solely on financial constraints.

When formulating or revising an IEP, parents, and guardians must ascertain that the school is not merely considering the average costs allocated for students with disabilities. Instead, the focus should be on the particular financial requirements of each individual student. While monetary considerations may influence the range of services and accommodations that can be provided, parents should not settle for inferior options solely due to fiscal limitations.

Unfortunately, the current educational landscape obliges families with a child who has a disability to be acutely aware of how these financial considerations might affect an IEP. This is why it may be beneficial for such families to consult with a seasoned team of attorneys. Possessing experience at the national level, the Lento Law Firm is equipped to aid parents and guardians in Virginia in obtaining the educational resources and support to which their children are legally entitled.

Virginia Special Education Dispute Resolutions

Federal legislation mandates that states establish their own mechanisms for resolving disputes related to IEPs. Moreover, students with disabilities are better served if special education disputes are better resolved at the local level, if possible. Parents and school administrators are encouraged to work together to come to an understanding through the DOE's several resolution options for disputes.

• Ombudsman for Special Education: an informal source of information and referral, answering individuals' questions and assisting in the resolution of non-legal special education matters.
• Mediation: A third party assists parents and school staff when they are in negotiations to clarify IEP issues, focus on the needs of the student-child, and explore possible solutions in a confidential setting.
• Facilitated IEPs: A formal facilitator will help parents and guardians communicate with the school district in developing an IEP.
• Complaints: formal expressions of disagreements with a procedure or a process regarding IEPs and other special education programs, procedures, and services.
• Due process hearings: an administrative hearing process before a hearing officer to resolve discrepancies over such issues related to eligibility for special education and related services, evaluation of a student with a disability, the appropriateness of an IEP, or any other matter concerning FAPE or disciplinary matters.

When a hearing is requested, or alternative dispute methods fail to achieve a resolution, the DOE will appoint an impartial hearing officer to conduct a due process hearing. Within 15 days of receiving notice of the parent's hearing request in non-expedited cases—seven days for expedited cases—schools are obligated to assemble a conference comprising the parents, guardians, and pertinent IEP Team members who possess a specialized understanding of the issues delineated in the formal request for a due process hearing. Upon reaching a mutual resolution during this settlement meeting, it's incumbent on all parties—namely, the parents, guardians, and an authorized representative of the educational district—to formalize this accord through a legally enforceable contract.

Should the school neglect to fulfill the parents' hearing request to a satisfactory degree within a 30-day period of receiving the said request, the opportunity to proceed with another due process hearing becomes available, thereby initiating the associated timelines. Except in cases dealing explicitly with disciplinary mandates, the adjudicating official is mandated to issue a written judgment founded exclusively on the evidential material put forth during the hearing, occurring within 45 days after either the conclusion of the resolution meeting or its avoidance through other dispute resolution tactics. Should either the parents and guardians or the educational district petition for an extension, the state officials possess the discretion to extend the 45-day time frame for a legitimate cause.

While parents are entitled to petition for a due process hearing concerning their child and may present their arguments before a state-appointed official, it's strongly recommended to secure the services of a seasoned, credentialed legal advisor. The attorneys at the Lento Law Firm's Education Law Team are proficient in matters pertinent to IDEA, securing FAPE for students, and compelling educational institutions to provide necessary resources to enrollees.

Areas the Lento Law Firm Serves in Virginia

The Lento Law Firm's Education Law Team has assisted students with disabilities and their parents throughout Virginia, like those in the following metropolitan areas:

• Northern Virginia
• Hampton Roads
• Richmond
• Roanoke
• Lynchburg
• Charlottesville
• Blacksburg-Christiansburg
• Harrisonburg
• Staunton-Waynesboro
• Winchester

As mentioned before, Virginia has a diverse geography and population, divided into eight unofficial regions. Yet, the Lento Law Firm serves students in every area across the country, especially in Virginia. For instance, the Education Law Team can provide invaluable aid in the following school districts, including but not limited to:

Central Virginia: Charlottesville Public Schools, Albemarle County Public Schools, Hanover County Public Schools, Richmond Public Schools, Chesterfield County Public Schools, Prince George County Public Schools, Goochland County Public Schools, Caroline County Public Schools, Henrico County Public Schools.

West Central Virginia: Lynchburg Public Schools, Appomattox County Public Schools, Campbell County Public Schools, Franklin County Public Schools, Montgomery County Public Schools, Salem Public Schools, Amherst County Public Schools, Roanoke Public Schools.

Southside: Buckingham County Public Schools, Price Edward County Public Schools, Danville Public Schools, Mecklenburg County Public Schools, Martinsville Public Schools, Patrick County Public Schools, Emporia Public Schools, Southampton County Public Schools.

Hampton Roads: Gloucester County Public Schools, Isle of Wight County Public Schools, Virginia Beach Public Schools, Chesapeake County Public Schools, Portsmouth Public Schools, Williamsburg Public Schools, Surry County Public Schools, Norfolk Public Schools, Newport News Public Schools.

Eastern Shore: Accomack County Public Schools, Westmoreland County Public Schools, King & Queen County Public Schools, Middlesex County Public Schools, Lancaster County Public Schools, Northampton County Public Schools.

Southwest Virginia: Lee County Public Schools, Bristol Public Schools, Russell County Public Schools, Wise County Public Schools, Carroll County Public Schools, Smyth County Public Schools, Galax Public Schools, Washington County Public Schools.

Northern Virginia: Arlington Public Schools, Alexandria Public Schools, Clarke County Public Schools, Warren County Public Schools, Fairfax Public Schools, Stafford County Public Schools, Spotsylvania County Public Schools, Prince William County Public Schools, Falls Church Public Schools, Loudoun County Public Schools, King George County Public Schools.

Shenandoah Valley: Covington Public Schools, Alleghany County Public Schools, Lexington Public Schools, Rockingham County Public Schools, Harrisonburg Public Schools, Page County Public Schools, Winchester Public Schools, Frederick County Public Schools.

Protect Your Student's Rights in Virginia

Although many resources are free to parents of students with disabilities, it's unwise to tackle any situation involving IEPs alone. The stakes are high for your student-child, and you need a team of advocates with the resources to stand up against the Virginia DOE and any special education personnel in a given school district.

Furthermore, you may believe you can rely on the local town lawyer who may have a relationship with the judicial system. Thinking they are your best option is a common misconception. These don't have the Education Law experience of the Lento Law Firm or brokering numerous negotiations with school administrators.

Students with disabilities may lag behind their peers. Education is a right, and schools cannot discriminate against students on the basis of their disability, but schools may not always meet their responsibilities under the law to execute a student's IEP and further support systems. As a nationwide law firm, the Lento Law Firm can help Virginia students in urban centers, suburban, and rural communities. We work with families to help protect their student's right to an education. Call 888-535-3686 or go online now.