The Virginia General Assembly considered a massive bill in an attempt to codify provisions of the federal Individuals with Disabilities Education Act (IDEA) and to update state law regarding special education.
Currently, students with disabilities are protected under federal law by IDEA and Section 504 of the the Rehabilitation Act. These laws are designed to give students with disabilities access to a free appropriate public education (FAPE). This allows for services and accommodations in educational settings to ensure students with disabilities receive an equitable education to students without disabilities. SB 678 is intended to implement state law to address this issue, in the event that there is some action at the federal level to remove these protections.
SB 678 submitted by Patrons Pekarsky and Hashmi was heard by the Senate Health and Education Committee, subcommittee on Education, and then by the full committee. Along the way, the patron made several amendments to address concerns from parts of the advocacy community, including an enactment clause that says the legislation would not take effect unless something happens to IDEA at the federal level. Even with that trigger clause, the bill did not come out of the Senate Committee on Finance and Appropriations. This morning, that committee voted to “continue” the bill until 2027.
The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.