Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, July 9, 1995 TAG: 9507100101
SECTION: VIRGINIA PAGE: D-4 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The decision could cost the state more than $50 million in special education money. Riley made the charge in a letter last week that has become part of a running battle between state and federal policy-makers.
Citing what he called the state's noncompliance, Riley said that ``the state of Virginia is refusing to provide statutorily required educational services to all affected children.''
Virginia's superintendent of public instruction, William C. Bosher Jr., fired back Friday with the contention that the state plans to use every legal appeal to overturn the decision.
Bosher said the state would make every effort to influence Congress to change the provisions of the Individuals with Disabilities Act. The act requires states to provide an education to disabled students who are expelled from school.
``This is not just a special education issue,'' Bosher said. ``It's a safe school and discipline issue. Young people need to know what's expected of them.''
Bosher and other Virginia education officials believe the federal policy sets a double standard for students. Under the policy, he said, the disabled student who exhibits bad behavior receives an education, while another who is guilty of the same misbehavior does not.
``Young people see that as a gross inconsistency,'' Bosher said. ``It primarily undermines any expectation for young people not to bring guns [to school] or strike teachers.''
Bosher added that Virginia has had, for years, a policy of not providing an education to disabled students who are expelled, and the policy went unchallenged through successive presidential administrations.
In April, a federal hearing officer ruled Virginia had to comply with the federal rule or face losing $58 million a year in federal special education money.
The law says that all students with disabilities must be provided with an education, hearing officer Robert D. Dinerstein wrote in his ruling. The law ``admits of no exceptions for dangerous students,'' he stated.
Riley reaffirmed that ruling in his decision, which was mailed to the office of the Virginia attorney general. He said Virginia would continue to receive money under the Disabilities Act until a final decision is made.
During the past year, 176 disabled state students have been expelled or suspended for reasons not related to their disability.
by CNB