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Virginia lawmakers are preparing a series of proposals aimed at helping autistic residents navigate college, traffic stops and the criminal justice system.
The Virginia Autism Advisory Council discussed the measures during a Tuesday, November 18, meeting in Richmond. Created in 2011, the council coordinates resources and services related to autism spectrum disorder and recommends state policies.
Its members include Arlington Del. Patrick Hope, Fairfax delegates Laura Jane Cohen and Kathy Tran, and Fairfax Sen. Stella Pekarsky. The meeting focused on priorities for the approaching General Assembly session, which lasts eight weeks in even-numbered years and six weeks in odd-numbered years.
Cohen proposed legislation to develop model transition Individualized Education Programs. The plans would help students move from Virginia’s high school accommodations under the Individuals with Disabilities Education Act to the federal Americans with Disabilities Act standards used by colleges.
She also plans to sponsor a bill studying an inclusive postsecondary education pilot program at Virginia Commonwealth University. Modeled on George Mason University’s Mason LIFE program, it would give students with intellectual and developmental disabilities a supported opportunity to participate more fully in college life.
Hope sought the council’s endorsement of a measure that has failed in several previous sessions. It would allow autism to be raised as an affirmative defense when someone is charged with assaulting a law enforcement officer, a felony that can remain permanently on a person’s record.
Such charges can arise when an autistic person reacts to an officer’s sudden approach, particularly if the officer is not trained to de-escalate the encounter. Conduct classified as assault can include relatively minor acts such as spitting or throwing an onion ring.
Cohen also asked the council to monitor “Second Look” legislation, which would permit judges to reconsider lengthy prison sentences after defendants have served many years and taken steps toward rehabilitation. She said the issue disproportionately affects autistic people.
Pekarsky discussed a bill that would add information about the Driver Communication Improvement Program, commonly called the Blue Envelope Program, to high school driver’s education courses.
The Department of Motor Vehicles prints the blue envelopes for drivers diagnosed with autism spectrum disorder. They are intended to make communication with law enforcement easier following a traffic stop or crash.
Fairfax Sen. Jennifer Boysko, meanwhile, plans to sponsor a bipartisan bill establishing an educational diversion program. Under the proposal, an autistic person charged with a minor offense could enter an agreement before sentencing, receive educational resources, avoid incarceration and have the criminal record automatically expunged.
Together, the proposals would expand educational opportunities, offer alternatives in minor criminal cases and improve interactions between autistic Virginians and law enforcement.