The disAbility Law Center of Virginia is grateful for work of the K-12 subcommittee this morning and their careful consideration of the issues raised by SB 575. We look forward to working with stakeholders as the bill is carried forward to 2025.

My name is Melissa Waugh, and I am a special education attorney practicing in Virginia for the past 14 years representing students with disabilities and their families as they navigate our state's special education system. This version of SB575 is a significant improvement over its sister bill (HB1017) which failed in the house. This bill as proposed does a much better job of protecting the privacy rights of minor students with disabilities by ensuring their parents control what protected health information ("PHI") is provided to a student's school upon discharge from one of the listed facilities. However, to make this bill stronger and to ensure these students with disabilities do not fall through the cracks when they return to school, the Senators should consider amending the bill to include a provision that upon discharge from one of the listed facilities the student's school will immediately call an IEP or Section 504 meeting to ensure that the student's IEP or Section 504 plan is appropriately addressing all of the student's current needs. For students without an IEP or Section 504 plan, the school will immediately conduct an expedited and comprehensive evaluation of the student to determine if the student is eligible for services and protection under the Individuals with Disabilities Education Act ("IDEA") or Section 504 of the Rehabilitation Act. Expedited evaluations should be completed within 30 calendar days of the student's discharge (as opposed to the 65 school days required under Virginia special education regulations). Thank you for your consideration of this amendment which would go a long way to ensuring appropriate and timely educational and related services are provided to these most vulnerable children.