Special needs students to age out after Virginia lawmakers kill bill

By Katharine DeRosa
Capital News Service

Virginia lawmakers killed a proposal that would allow some special education students another year of instruction because of the struggles of virtual learning caused by COVID-19.

House Bill 2277 proposed that high school students with special needs who are set to graduate in the 2021 school year and who are 22 years old after Sept. 30, 2020, be allowed to take an extra year and graduate in 2022. Students who are younger than 22 are automatically eligible for another year, according to the Virginia Department of Education.

“While other students might have more time to make up whatever was lost because of COVID-19, the kids that were going to age out this year will never get that chance,” said Del. Robert Bell, R-Charlottesville.

Virginia students with disabilities age out of the school system at 22 years old, according to the VDOE. Those 22 and older are dependent on the bill if they want to attend another year of high school.

Each student with disabilities in Virginia develops an Individualized Education Program, or IEP, throughout their education. The VDOE provides tips for helping parents and teachers navigate a student’s IEP amid virtual learning. Tips include practicing communication skills, hands-on, non-digital activities and documenting progress for a teacher’s review.

Special education students have had a difficult time thriving in the virtual learning environment, Bell said during the bill’s subcommittee meeting. He said the final year of school is crucial to prepare special needs students for post-high school life.

“It is heartbreaking to think what those kids are going to have to do to manage,” Bell said.

The legislation didn’t make it past crossover day, when bills must pass the chamber in which they originated.

“The bill is simple,” Bell told legislators during the bill’s hearing. “It’s not easy, but it’s simple.”

Bell said he introduced the measure because he has a personal attachment to special education. His 18-year-old son attends the Virginia Institute of Autism in Charlottesville.

Bell said he wants the change to be made, whether through this legislation or another method.

“If for some reason it’s easier or better to do it, just through the budget that’s fine too,” Bell said.

Bell said he was not surprised the bill didn’t pass because of how much money it would cost to implement. The bill’s passage would require an additional 1,000 students to be served, which would cost $5 million during the 2022 fiscal year, according to the legislation’s impact statement.

Bell introduced an amendment to the state budget that adds $5 million to public education. The money would provide free public education as deemed by the Individuals with Disabilities Act. The proposed budget for state education assistance in 2022 is $7.8 billion.

“I’m hopeful that they will see this as a priority,” Bell said.

The bill passed out of committee, but it died in appropriations.

There are almost 168,000 students with disabilities currently enrolled in Virginia public schools, according to the VDOE. In the 2019-2020 school year, 84 students with disabilities were over the age of 22, according to the VDOE. A total of $12,111 is spent per public school student each year, VDOE stated on its website.

Renesha Parks, director of exceptional education at Richmond Public Schools, said HB 2277 has pros and cons.

“I do feel that because of their age, they probably should be with age-appropriate peers,” Parks said.

Park said students would benefit from working with community partners instead of continuing in high school. The success of these students depends on public schools connecting them with resources as they enter adulthood, she said.

RPS works with Resources for Independent Living, the Department for Aging and Rehabilitative Services and the Virginia Commonwealth University Autism Center for Excellence, the VCU Center on Transition Innovation and SOAR365, Parks said. The organizations offer a variety of services, including working with adults to set up plans for higher education, job training, employment and independent living.