Special-education bill advances

State lawmakers don't want special-education students in Virginia to lose their one year to appeal a due-process hearing decision, so they are trying to write it into law.

The move circumvents the Virginia Board of Education, which voted on broad changes to the state's special-education regulations in September, bringing many of them in line with federal practices. Federal regulations provide 90 days to appeal due-process hearing decisions, a policy the state board voted to adopt.

Due-process hearings resolve disputes between parents and a school system over special-education services.

In an attempt to keep the one-year time frame, House Republican Leader Del. H. Morgan Griffith, R-Salem, wants to codify the practice into law. The proposed changes to the special-education regulations have been contentious and drew thousands of comments from parents, special-education advocates, educators and politicians.

Last fall, House Speaker William J. Howell, R-Stafford, fired off letters to Board of Education President Mark Emblidge and Secretary of Education Thomas Morris, alerting them to his objections.

Yesterday, House Bill 2304 breezed through the Education Committee on a 19-0 vote, over the objection of the Virginia School Boards Association, which wants to leave the decision to the Board of Education.

Griffith said parents of special-education students appealing rulings often need a year to find an attorney and to raise money for legal fees. He estimated 80 percent of parents do not hire an attorney for the due-process hearing.

D. Patrick Lacy Jr. with the Virginia School Boards Association said disputes should be resolved in a reasonable amount of time. Parents are told where to find help if they choose to appeal the due-process decision and, he assured the committee, special-education lawyers are not hard to find. "They come out of the woodwork," he said.

Not really, countered Darrel Mason, a special-education lawyer and former Board of Education member. She said the legal resources parents are given include entities such as the state bar association and legal aid, and not specific names. Cases are expensive and take hundreds of hours of prepare, she said.

The committee sent the bill to the full House of Delegates.

Contact Olympia Meola at (804) 649-6812 or .