A bill by Del. Chris Runion, R-Bridgewater, has cleared its first hurdle as legislation dealing with individualized education programs, or IEPs, passed a House of Delegates subcommittee Wednesday, 8-0.

The legislation would require the Department of Education to establish guidelines for developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy and personal boundaries of others.

The bill is supported by the Arc of Virginia, which promotes and protects the human rights of people with intellectual and development disabilities while supporting their full inclusion and participation in the community, according to its website.

“[The bill] protects folks with developmental disabilities from sexual assault,” Runion told the subcommittee Wednesday. “It helps them understand their rights, learn about welcome and unwelcome touch, helps them have an understanding of social norms, and I think one of the most important things when talking with constituents about this — it is parent-driven.”

Parents would have to choose to opt in to the program, making it “parent chosen.”

Runion said in a previous interview that the legislation focuses on two areas — making sure people can recognize when sexual abuse occurs and knowing what to do when they are abused, and how they can avoid inadvertently being in a situation that could be classified as such.

Brian Kelmar, co-founder of the nonprofit Legal Reform for People Intellectually and Developmentally Disabled, told subcommittee members during a testimony that several years ago his son, who is autistic, experienced a situation that he wasn’t expecting.

“The incident led to a court case that has since destroyed his life,” Kelmar said. “The event has destroyed all of his chances for success and especially his loss of hope for life, for what we call a ‘civil death.’”

Kelmar said he later found out his family was not alone and met several others who had gone through a similar situation.

“People with developmental disabilities are seven times more likely to get up and get caught up in the criminal justice system and up to three times more likely to be victims because of their lack of education,” he said. “This bill also protects them from being victims.”

A spokesperson for the disAbility Law Center of Virginia said it supports the legislation, adding that the bill protects those with disabilities while offering an opportunity to provide them with age-appropriate instruction.

The bill is expected to head to the full House Education Committee at a later date.

Contact Jessica Wetzler at 574-6279 or jwetzler@dnronline.com. Follow Jessica on Twitter @wetzler_jessica

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