Special Education Action is a 501(c)3 nonprofit publisher covering special education.
Its mission is to ensure parents, educators, and students have the information and tools necessary to fully understand, address, and safeguard the unique needs of all students who require special education.
The link to the spreadsheets pulled together by the volunteer is being added here, with the understanding that the data needs doublechecking, as well as more slicing and dicing to identify trends. Help still is needed. If you’re interested in helping, please let me know.
September 2023, Council of Parent Attorneys and Advocates (COPAA) released a report of its in-depth look at state complaints. Its findings aren’t surprising. Parents who believe their local education agency (LEA) to be in noncompliance with Individuals with Disabilities Education Act (IDEA), can seek remedies under IDEA’s dispute resolution processes. However, those processes—such as filing state complaints—are stacked against parents. VDOE’s state complaint tracking logs provide a portrait of a state heavy on dismissals and findings in favor of LEAs.
11.20.23: Article updated to include original report submitted by Dr. Robert Pasternack to Dr. Lisa Coons, as well as emails between Robert and Lisa regarding the first final report, and invoices related to both reports. Virginia Department of Education (VDOE) released two independent evaluations of its special education program. The evaluations were done by Dr. Robert Pasternack, Sam Howarth, and Nathan Levenson at the request of Superintendent of Public Instruction Dr. Lisa Coons. The findings aren’t a surprise. In Virginia, educators and families are two ends of the same burning match—and VDOE fuels the fire. Rather than being the “North Star” guiding educators and bridging the gap between families and educators, VDOE’s actions and inactions continue to increase the divide.
The following is helpful information that I hope VDOE considers should it revise the guide. It comes from advice that long-time Fairfax County Public Schools lawyer John Cafferky provided to FCPS staff. In its 2008 guide, VDOE acknowledged John on a list of individuals who “contributed to the development of this document and/or who served as a reviewer.” Hence, it seems fitting that the following advice be considered for a future edition.
Can you file a complaint? If yes, how? Parents and/or students who believe a student’s privacy has been violated under the Family Educational Rights and Privacy Act (FERPA), have a right to file a complaint. FERPA applies to all students. However, students who have IEPs have additional protection under Individuals with Disabilities Education Act (IDEA). Let’s explore both below.