Overview

Following the Virginia code and IDEA is not optional for school districts. I have not read the Virginia code, but you are correct that removing a child from a general education classroom with accommodations into a special education classroom does not appear, from these facts, to be the least restrictive environment. This is what we have been fighting for for decades - children with physical (and other) limitations should be educated alongside their peers to the extent possible EVEN IF accommodations are required. This is possible in your scenario. Sounds like the school just doesn't want to provide the 1:1 aide. Sometimes state departments of education have a continuum graph that shows least restrictive to most restrictive. Wherever your child falls on the continuum and can still access the educational curriculum (with accommodations) is where she should be. See if you can get a copy of that. Or even call the state and get an opinion. Also, take the definitions from the Virginia code and IDEA with you to the next meeting or copy and paste into an email. This school needs to be "schooled."

My granddaughter just started Pre-K in northern Virginia. Her IEP (originally created in DC) includes a 1:1 aide due to motor movement and other issues. Her new school district claims that removing her from an inclusive general education classroom into a special education classroom would be Least Restrictive since they feel she would not need the 1:1 aide there, or would need it less. They are defining the use of a 1:1 aide as a Restrictive Environment. Can the district make up their own definition of Least Restrictive? Of do they need to follow the more common definition of Least Restrictive being children with disabilities educated with children who are not disabled. It seems to me that the 1:1 aide is an accommodation or support which allows the disabled child to participate in a general education class. Virginia code (8VAC20-81-130. Least restrictive environment and placements.) seems to be consistent with the more common definition. Is Virginia code (and IDEA!) optional at the school district level? Suggestions either way?

I am in NOVA. They are required to send you the IEP and findings 2 business days ahead of the meeting so that you can review prior to the meeting. If they did not do this, you can ask for a second meeting because you've had time to think and you want to request changes. This document gives you the best overview of the process and might have ideas for you to talk to them about to improve the process. https://www.doe.virginia.gov/home/showpublisheddocument/890/638289859630600000

Let me preface with the fact that I am not located in Virginia. Also, in giving suggestions I am assuming you are acting as an advocate now (not as a parent) since your children are grown. You could try to make changes in two ways. One way is as an individual advocate on a case-by-case basis. School districts have some latitude on how they run their IEP process, BUT they must do so within the confines of the IDEA and state laws/regulations. So look up the state statutes regarding special education and go to the Virginia State Department of Education and read any polices, state plan, parent guides/resources, etc. they have on the special education process. If laws are not being followed or procedural errors are being made you can try to nicely point out their compliance "issue." For instance, what does Virginia require in terms of days' notice for meetings and are they following that? If not, you could state "it is my understanding that parents were to receive 5 days notice prior to a meeting." If they insist on parents signing a PWN at the end of a meeting, state "it is my understanding that parents have 10 days to sign the PWN." And have your documentation from the department of education's website ready. If the school district is following all laws and compliant procedurally but still being difficult, that requires different tactics. Once example I can think of is providing a copy of the draft IEP prior to the IEP meeting. Some school districts may flat out refuse to do this or may only send it 24 hours in advance. In the case where they refuse to send a copy, respond to that denial stating "in that case, we will need two IEP meetings in order to give my client time to review the draft IEP and make suggestions so that she may participate meaningfully in the process [which IS required by law]." If you ask for the draft IEP 5 days or 48 hours in advance, and it isn't sent until the day before the meeting, respond that "I'm sorry you were unable to provide us with a draft within the time we requested. Due to my client's schedule and needing time to review this document, we will need to reschedule the meeting for a later time." If you're hoping to make more system-wide changes, that would require more of a group effort, such as starting a Facebook page or something along those lines that would connect parents and get everyone on the same page as far as what changes they want to ask for. Although it would be seen as confrontational and "going over heads," as a last resort, you could get a group together to go to a school board meeting.

I’m located in Buchanan County VA (Southwest Virginia) I relocated here from Maryland 8 years ago and I’m completely new to the school system here as when I moved here my children were grown and my grandchildren are in the Elementary faze of their school careers. I’m familiar with the team meeting process for individual’s transitioning from school into adult services. I’m not familiar with the beginning of the IEP process. Here it seems that they contact you the week before the deadline to schedule the meeting for one day the week of the deadline then at the end of the meeting they expect you to sign acceptance of the IEP and you get your copy and the PWN before you leave the room. It’s like sitting in a spinning office chair your in and out …. Not impressed and not happy suggestions on how to urge much needed changes to make this process smoother and more efficient and effective for everyone without being confrontational or aggressive causing problems?

The VDOE State School Board will meet Nov 17, 2022 https://doe.virginia.gov/boe/meetings/index.shtml the State Special Education Advisory Committee does not meet in Nov, but will meet Dec 1 https://doe.virginia.gov/boe/committees_advisory/special_ed/index.shtml