ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, November 7, 1995                   TAG: 9511070067
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: JOEL TURNER STAFF WRITER
DATELINE:                                 LENGTH: Long


REPORT: SCHOOLS VIOLATING FEDERAL LAW

Roanoke County does not provide counseling to special education students and does not offer an extended school year to those eligible as required by federal regulations, according to a recent U.S. Department of Education report.

County schools also do not offer some educable and trainable disabled students the option of being placed in regular classrooms, according to the report by the Office of Special Education Programs.

"This report is extremely disturbing," said Denise Swanson, former chairwoman of the county's Special Education Advisory Committee. "County taxpayers have a right to expect their school system to be operating within the federal law."

Frank Sparks, county supervisor of special education, said education officials apparently misunderstood the county's program or were given incorrect information when they visited two schools earlier this year.

Sparks said Monday the county provides counseling and extended school year services for special education students who need it. A team of teachers, school officials and parents evaluates a child's disabilities to determine whether help is needed.

Superintendent Deanna Gordon said the county might have shortcomings in its program, but some information in the report is inaccurate.

Federal officials could not be reached for comment.

During a visit to the county earlier this year as part of a review of special education programs in Virginia, federal officials said they were told the county does not provide free counseling even if students need it. They talked with principals and special education teachers.

But the county offers counseling through teachers, guidance counselors or school psychologists if it is needed, Sparks said. "There must have been some misunderstanding about what we provide."

Susan Cloeter, chairwoman of the Special Education Advisory Committee, said she also has been told that the county provides counseling. But, she said, teachers, guidance counselors and school psychologists are so busy, they don't have time to work with special education students.

Gordon said administrators at some schools might have been unaware of the county's offerings when they answered education officials' questions. The county will prepare a full response to the report, she said.

Education officials make periodic visits to states to check compliance with the federal Individuals with Disabilities Education Act.

The Education Department can cut off federal funds to states if school divisions do not comply with the disabilities law.

In some states, funds have been delayed as a result of disputes over special education.

Roanoke County was among six school divisions visited by education officials. Buchanan County was the only other locality in Western Virginia where officials found a number of violations.

Federal regulations require school systems to provide special education and related services beyond the 180-day school year if the services are needed. Under federal regulations, a school division cannot cite financial limitations as a reason for not providing the extended services.

Swanson, who has a child in special education, claims the county's summer session doesn't fit the federal definition of an extended school year.

"It's the same program that is provided for other students. They just let disabled students attend," Swanson said. "They are just trying to put a good spin on it."

Linda Lang, another mother of a special education student, said she fought several years for an extended school year before the county allowed her daughter to attend the summer session for children who have failed the state's Literary Passport Test.

"Nothing is offered until you push their backs to the wall," Lang said. "You have to press them for everything that you get."

The report said the county also does not offer a placement option so that educable and trainable disabled students can be put in mainstream classes.

But Sparks said some mentally disabled children have been reclassified and placed in regular classes. The county provides a paraprofessional to work with these children, he said.

Cloeter said she has a disabled child who was reclassified and placed in a regular class, but this usually does not happen unless parents press the issue. "They have worked with me, but I don't think this happens with everyone."

Swanson - who assists parents of some special education students in working with school officials to develop education plans for their children - said parents shouldn't have to fight to get their children placed in regular classes.

Cloeter said she reviewed the report with county school officials and was told that there were inaccuracies. She said county officials gave their version of the services that are provided for disabled students.

The report said the state Department of Education has not closely monitored school divisions to ensure that they comply with federal rules. Federal education officials cited the state for delays in responding to complaints about special education programs and following up on problems in school systems. They told the state to prepare a plan for improving its monitoring system within 45 days.



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