Arlington Public Schools Engaged in Same Activity as Fairfax County; VDOE Opened Systemic Complaint Against FCPS

October 18, 2022, Virginia Department of Education (VDOE) announced a new systemic investigation into Fairfax County Public Schools (FCPS).

Arlington Public Schools (APS) engaged in the same activity for which VDOE opened its systemic investigation into FCPS.

The complaint on which the investigation is based alleges FCPS failed to implement Individualized Education Programs throughout the county, which is a violation of Individuals with Disabilities in Education Act and implementing Virginia regulations. (Additional Reading: Virginia Dept. of Education Announces Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP’s)

The Noncompliance

Both FCPS and APS have forced students to stay home during the districts’ annual PSAT testing days, even though 1) these students are expected to use the day to work on their own (without services); 2) other students throughout the county are provided a regular education day; and 3) other students throughout the county are presumably provided their services pursuant to their IEPs, IDEA, and implementing Virginia Regulations. In FCPS, students enrolled in academy courses were forced to miss classes because FCPS has cancelled academy courses and school shuttles to the courses. FCPS took this action on SAT testing days, too.

Pursuant to § 300.323, schools are required to provide special education and related services in accordance with students’ IEPs.

Pursuant to VA Code Section 22.1-98.B, “the length of every school’s term in every school division shall be at least 180 teaching days or 990 teaching hours in any school year.”

October 10, 2018:

APS held its annual PSAT testing day and cancelled school for 9th graders.

A post to Washington-Liberty High School’s site states:

PSAT – 10 and 11th Grade

9th Grade Conferences (No School for 9th Graders)

October 13, 2021

Like FCPS, APS held its annual PSAT testing day October 13, 2021. APS cancelled school for 9th and 12th graders.

A September 17, 2021, post to Yorktown High School’s site states:

Students in grades 10 and 11 will take the PSAT on Wednesday, October 13th at Yorktown High School. Students in Grades 9 and 12 do not have to report to school. Additional information forthcoming.

An October 1, 2021, post to Yorktown High School’s site states:

The PSAT/NMSQT exam is being given to all 10th and 11th graders on Wednesday, October 13, 2021. Students in Grades 9 and 12 do not report to school. Those who take the exam in 11th grade may meet requirements to enter the National Merit® Scholarship Program, an academic competition for recognition and scholarships. You will receive another email by October 9th regarding your child’s assigned testing room number and information on what to bring to testing. Students will be dismissed at 12:34 for buses. There is no 3:01 Bus run, but there is a late bus run at 4:45 for any students who stay late.

October 12, 2022:

Like FCPS, APS held its annual PSAT testing day October 12, 2022. APS cancelled school for 9th and 12th graders.

A September 23, 2022, post to Yorktown High School’s site states:

On Wednesday, October 12th, all 10th and 11th grade students have the opportunity to take the PSAT/NMSQT at school. 9th and 12th grade students will have an asynchronous virtual day with up to 20 minutes of work per class assigned through Canvas. This will be an early release day, and students will be released at 12:35. Extended time testers will be released at 3:10.

A September 30, 2022, post to Yorktown High School’s site states:

On Wednesday, October 12th, all 10th and 11th grade students have the opportunity to take the PSAT/NMSQT at school. This will be an early release day, and students will be released at 12:35. Extended time testers will be released at 3:10. Bus transportation is only available at 3:10, so those who finish at 12:35 will need to arrange for transportation home.

9th and 12th grade students will have an asynchronous virtual day with up to 20 minutes of work per class (all seven periods) assigned through Canvas.

An October 7, 2022, post to Yorktown High School’s site states:

A reminder that Wednesday is PSAT Day with a half day for 10th and 11th graders taking the PSAT and an asynchronous work for 9th and 12th graders.

This story is emerging. As more information is available, it will be added.