January 23, 2025, Virginia Department of Education (VDOE) issued a notice of complaint (NOC) announcing its investigation into Chesterfield County Public Schools (CCPS) for systemic noncompliance. The NOC states the issues to be investigated are:

• Free Appropriate Public Education (FAPE) – Transportation
• Individualized Education Program (IEP) - Implementation

According to VDOE's NOC, the complainant alleged the following:

“The Transportation Division of Chesterfield County Public Schools admits that it does not carry IEPs/504s on Buses/Transportation for Special Education Students. All Special Education Service Providers must have access to IEPs at all times in order to follow IEPs/504s (IEP = FAPE + ADA). Not only will Bus/Transportation Drivers/Aides NOT have available instructions in the event of behavioral considerations, and how to follow IEPs for any support/interventions, it is critical that ALL providers of services have access to any 504 portions of IEPs AND the proper tools/equipment to assist in the event of such possibilities as, but not limited to, seizures, anaphylactic reactions and any and all medical interventions....”

VDOE goes on to quote federal and implementing state regulations related to the allegation:

The IDEA implementing regulations, at 34 CFR 300.323(d)), and the corresponding Virginia Regulations, at 8 VAC 20-81-110.B.3, provide that the LEA must ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and teachers and providers are informed of: (1) Their specific responsibilities related to implementing the child's IEP; and (2) The specific accommodations, modifications, and supports that shall be provided for the child in accordance with the IEP."

In Virginia, it is "the duty of all school officials to acquaint themselves with the school laws and regulations and to see that they are implemented." (8VAC20-490-10)

March 14, 2025, is VDOE due date for issuing its letter of findings.

CCPS is not Alone

Transportation-related complaints aren't new to VDOE. For years, it has been made aware of noncompliance within the state, such as in Fairfax County Public Schools (FCPS).

Fairfax County Public Schools, Virginia

Office for Civil Rights Complaint No. 11-20-1029 focuses on FCPS' denial of transportation to students who have accommodations for extended testing. On PSAT testing days FCPS provided transportation home for students who didn't have extended testing. However, students with accommodations for extended testing were required to find their own way home. After OCR submitted its notification/data request letter to FCPS, senior central office employees admitted in an email that the noncompliance did occur. The employees inadvertently cc'd a parent on the emails. Their admission of guilt was forwarded to OCR.

However, after a parent made VDOE aware of the noncompliance and filed complaints, FCPS' Dawn Schaefer advised VDOE that FCPS denied the allegations in its response to OCR.