Report about Virginia IDEA compliance released
Will the recommendations for settling long-sanding concerns be adopted?
Deusdedi Merced of Special Education Solutions filed a report about his review of Virginia’s system for resolving disputes between schools and parents regarding services for students with disabilities. Mr. Merced’s report examined the extent to which disputes are handled in alignment with US Individuals with Disabilities Education Act and how the handling is perceived by stakeholders (especially parents) in the disputes.
The report, which is dated 1 July 2025, was submitted in draft form to the Commonwealth of Virginia Commission on Youth. The draft report was presented to the commission at its meeting 7 July 2025, although there had been discussions at earlier meetings (e.g., 22 October 2024). It provides both results of the review by Special Education Solutions and recommendations for improving Virginia’s processes for addressing disputes. The issues examined in the report have been reviewed repeatedly since 2020.
Although much of the report is devoted to procedural modifications in Virginia’s system, it appears that the main problem with Virginia’s methods for resolving disputes is public perception of decisions. Here is a paragraph from the report:
As a result of the comprehensive review of Virginia’s dispute resolution system to evaluate the compliance, effectiveness, and efficiency of its options, including public perception, Special Education Solutions, LLC concludes that the statutory and regulatory, and, generally, structural elements of compliant and effective system options are in place. It is the execution of these system options that prevents the dispute resolution system from attaining optimal effectiveness and efficiency – not only being fair and impartial but be perceived to be so.
Although Virginia touts its achievements in improving outcomes for students with disabilities (see, for example, “Virginia Earns Top Federal Special Education Rating for 11th Consecutive Year” from 1 September 2022), it has been subject to monitoring by the US Department of Education. US ED sent a letter with summary of its monitoring to VA DOE 5 December 2024.
Report contents
The report from Mr. Merced of Special Education Solutions includes recommendations. In general, the report urges systemic change focused on consistent practice, external oversight, accessible resources, and genuine engagement to restore confidence in Virginia’s special education dispute resolution system.
More specially, it recommended changes in areas that will be familiar to readers. The following sections provide brief descriptions of the main recommendations from the report.
Due process hearings
Recommendations include mandatory training (including on Section 504), independent certification, and ongoing technical assistance for hearing officers. Prehearing conferences should be standardized. Structural reforms are needed—such as revising the process for assigning hearing officers, strengthening oversight, and aligning VAC rules with IDEA. Non-attorney representatives should meet uniform standards. Outcome data should be reported, and parent-facing resources expanded.
State complaints
Complaint investigators should receive expert training with follow-up support. VDOE must enforce corrective actions directly and report publicly on compliance. The state should review staff capacity and maintain—but improve—the appeals process, possibly changing reviewers and appeal criteria.
Mediation
The consultant recommended training for mediators that is broad and aligned with judicial standards. Parties should be allowed to select mediators jointly. An independent evaluator should conduct regular reviews, and mediation agreements should be enforceable via state complaints. Outreach must go beyond Websites to reach schools and families.
IEP facilitation
Virginia should restructure its IEP facilitation program by recruiting neutral facilitators, using tools available from the Center for Appropriate Dispute Resolution in Special Education, increasing access, and tracking outcomes. As mentioned in the previous paragraph, both parties in a dispute should contribute to the selection of facilitators, in hopes that this action will improve participation in the resolution process.
Ombudsman
The Ombudsman’s office should expand staff, receive formal training, and launch school-level outreach. The consultant recommended regular regional visits by the Ombudsman, better online resources, and surveys of parents’ views of the processes.
The extent to which Virginia will adopt these recommendations is to be determined in a meeting in the fall of 2025. The meeting will be open to the public; watch the VCOY meetings page for updates.
Media coverage
Nathaniel Cline reported about the meeting for the Virginia Mercury in “Report outlines challenges of Va.’s special education compliance system, recommends improvements: Va. Commission on Youth to finalize list of recommendations by October.” Here’s his lede:
After years of inconsistencies and complaints, Virginia has moved closer to revising its process for reporting issues with special education services, aiming to improve the structure and ensure that families receive the necessary services for their students with disabilities.
The issues with the state’s dispute resolution system — an impartial procedure for parents and schools to resolve disagreements over issues with special education services — have created a divide among parents and public school leaders for at least the past five years.
As additional news about this matter occurs, Special Education Today will cover it.