Virginia Law Changes to Protect Students with Disabilities

In a significant legislative change, Virginia has adopted a new law aimed at enhancing safety for students with disabilities during emergencies. This initiative was largely driven by the experiences of Kira Tiller, a 19-year-old student with epilepsy, who faced challenges during fire drills in her middle school. Tiller’s concerns about being left behind during an emergency, coupled with her advocacy efforts, have brought attention to the urgent need for effective evacuation plans for students with disabilities.

During her time in Gainesville, located approximately 100 miles north of Richmond, Tiller experienced firsthand the limitations of existing emergency protocols. While her classmates participated in monthly fire drills, she was often confined to a windowless office to avoid the flashing lights that could trigger her seizures. Despite her family’s requests for a comprehensive emergency plan, school administrators provided vague assurances that they would “figure it out.” Tiller recalled her distressing thoughts: “I could literally be left behind to die.”

The situation is not unique to Tiller. Numerous students across the United States have encountered similar obstacles. In Maryland, a student using a wheelchair was left in a stairwell during a fire, waiting for rescuers. Another instance involved a high school student with mobility challenges during a shooting incident, which left her feeling vulnerable and exposed. Despite these alarming incidents, only a handful of states have mandated that public schools develop individualized emergency plans for students with disabilities.

As the population of students with disabilities grows—now exceeding 7 million in public schools—Virginia’s new legislation represents a crucial step forward. Tiller’s advocacy began with research and discussions with other students with disabilities, including those requiring additional support for sensory issues. “I just couldn’t believe that this was something that wasn’t being taken seriously,” she stated.

In response to Tiller’s efforts, Laura Jane Cohen, a Democratic state delegate, introduced the bill promoting safety for students with disabilities. This legislation is the second that Cohen has sponsored, following a previous law that prioritizes evacuating students with mobility challenges. Cohen, who previously served on the Fairfax County School Board, expressed her frustration at the lack of adequate safety plans: “It was nuts to me. It just didn’t make any sense.”

The final version of the bill passed unanimously, although some language was altered due to concerns from school boards about potential liability. Virginia’s law aligns with a similar measure enacted in Maryland in 2017 after the traumatic experience of Cassidy Scott, a student who was left in a stairwell during a small fire. This legislation mandates that emergency plans for students with disabilities be integrated into their Individualized Education Programs (IEPs), which are legally binding documents that outline necessary accommodations.

While the new law provides a framework for improved safety, questions remain regarding its enforcement, especially under the current federal administration, which has proposed significant cuts to the Department of Education. Tiller has expressed her commitment to continue advocating for disability rights and ensuring that emergency plans are established nationwide.

Throughout high school, she successfully secured a personal emergency plan, requiring the use of blackout sunglasses to mitigate the effects of flashing lights and designating an aide to assist with her evacuation. Despite these accommodations, Tiller reflected on the lengthy process: “When you’re in school and you know that your safety isn’t a priority, that’s a really discouraging and disheartening feeling.”

Now a sophomore at the University of North Carolina at Chapel Hill, Tiller has founded a disability advocacy group dedicated to pushing for similar legislation across the country. Her journey underscores the importance of inclusive safety measures in schools, ensuring that all students, regardless of their physical challenges, are prepared for any emergency that may arise.