Holding the Torch

VIRGINIA TO REPLACE VGLA TESTING WITH MORE OBJECTIVE INSTRUMENT FOR STUDENTS WITH DISABILITIES

Last week Virginia education officials announced that the Virginia Grade Level Alternative (VGLA) assessment will be phased out and substantially replaced by a more objective online test for math and reading.  The VGLA has been under increasing criticism because it is a time consuming portfolio test that many believe does not give a true picture of a special education student’s skills or level of achievement.   Although the VGLA was originally designed for a limited number of students,  the use increased significantly when schools were using the exam to meet the requirements of No Child Left Behind legislation.  Special education advocates complained that the overuse of the VGLA hampered the ability of special education students to be challenged to higher achievement and gave inaccurate data about the actual skills levels of these students.

Recent reports indicate that the VGLA “will to be used for students at the lowest levels of English proficiency, but not for those with significant learning disabilities.”  Accurate and reliable achievement data is critical for improving learning opportunities for all children. Restricting the use of the VGLA is a good thing.

PROLONGED DELAYS IN PROCESSING SCHOOL DISCIPLINE CASES ARE COUNTERPRODUCTIVE AND DESTRUCTIVE

When is a ten day suspension from school not a ten day suspension?  When the second letter arrives saying that a student has also now been recommended for expulsion and there will be a series of hearings before a final decision is made.  Parents and students are often confused by school administrative procedures when a student is recommended for expulsion for violation of school regulations.
 
The school principal starts the process with the initial suspension for ten school days.  Expulsion infractions are listed in the Student Code of Conduct regulations which are delivered to each student and parent at the beginning of the school year.  In Virginia, a first offense of possessing an illegal drug on school property requires the principal to recommend expulsion.  Expulsion is defined as exclusion from all public school programs for 365 days.  Only the local School Board can expel a student and most cases are resolved through an alternative discipline plan developed at an intermediate administrative level.

When the administrative process begins for a case of potential expulsion, it is not unusual for students to remain home for 30-45 days until a final decision is made.  We have seen cases where students have been out of school over three months, waiting for a final ruling in a discipline case.  Basic due process considerations require a reasonably expedited process for determining the ultimate decision in these cases.  When this doesn’t happen it is fundamentally unfair, and seriously undermines the goals of correcting student behavior.  Long delays also impair future sustainable relationships between schools and parents.

Having children excluded from educational services and sitting home for months awaiting lengthy school administrative procedures does damage and teaches nothing.  Parents cannot pick up the slack and when parents are working outside of the home, the child is left to fend for himself – not a good alternative for parent or child.  Parents can’t collaborate with teachers and administrators for positive change because they are struggling to get school work delivered for the child to complete at home.

For years, school discipline policies have developed a culture of exclusion.  Excluding children from school for long periods of time for administrative convenience is a destructive and counterproductive approach to the real problems of correcting school behavior.  We need to advocate for a better way.

SPECIAL NEEDS CHILDREN ARE THE MOST VULNERABLE TO BULLYING.

Recent tragic press reports have again highlighted the frightening and dangerous consequences of bullying of children in our schools.  The suicide of a Massachusetts 15 year old  has resulted in potential felony charges against students and others for their contributory actions and a call for anti-bullying legislation in that State.  Every day in almost every school there are children who are exposed to real threats of bullying.  Children with disabilities are often the most vulnerable.

In October 2009, the Bureau of Justice Statistics released its report of Crimes Against People with Disabilities, 2007.  This report confirms what many parents and advocates know from their own experiences – persons with disabilities have a much greater chance of being the victims of crime than others.  One specific finding shows that “persons with a cognitive functioning disability had a higher risk of violent victimization than persons with any other type of disability”.   We often review cases of children with autism who are not able to easily recognize social cues that make them easy targets for bullying by aggressive peers.  When these situations are not recognized and addressed, the results can be very serious.

Beyond the call for anti-bullying legislation, parents, educators and advocates need to be vigilant regarding the problem of bullying of all children, but particularly children with disabilities.  Special needs children may not always be able to explain the causes of the frustration they feel about school social situations.  A child’s growing school phobia is an important symptom and needs close and objective scrutiny. When a child with autism is disciplined for uncharacteristic reactive behavior against peers or teachers, it warrants an inquiry into the root causes of this behavior.  Close communication and coordination between educators and parents is essential.  Telling parents that “the school is handling it” and that information exchange is impossible due to confidentiality concerns is inadequate and not helpful.  Certainly confidentiality is important, but so is safety and enough appropriate information needs to be shared to prevent the bullying of children.

The problem of bullying of special needs children has been with us for a long time.  It is as personal as each of the individual stories of these children.  The solutions require attention, diligence and a common understanding of how these children are uniquely vulnerable.