VDOE Finds Prince William County Public Schools in Noncompliance with IDEA

January 16, 2025, Virginia Department of Education (VDOE) found Prince William County Public Schools (PWCPS) at fault for noncompliance with IDEA.

The complainant alleged PWCPS’ noncompliance related to IEP content and implementation, parent request for an IEP meeting, transportation, and denial of FAPE.

A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services

What Is A Response to Intervention?

According to the U.S. Department of Education (USDOE), in its 1.29.19 Letter to Zirkel, “IDEA does not define RTI . . . RTI is only mentioned in IDEA when determining eligibility for specific learning disability. 20 U.S.C. § 1414(b)(6)(B) and 34 C.F.R. § 300.307(a)(2).”

However, the United States Department of Education has stated that, “States and LEAs have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RTI.”

Class-Action Lawsuit Continues Forward; Related Service of Transportation at Core of Suit Against District of Columbia’s OSSE

A class-action lawsuit against District of Columbia’s Office of the State Superintendent for Education will continue forward. The case was filed by five parents of students who have disabilities and by The Arc of the United States. It focuses on the related service of transportation, specifically alleged failures to provide “safe, reliable, and appropriate” transportation for students who have disabilities.

Virginia Dept. of Education Opens Complaint Against Chesterfield County Public Schools; Investigation to Focus on Systemic Noncompliance Related to Transportation

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

Free Appropriate Public Education (FAPE) – Transportation

Individualized Education Program (IEP) – Implementation

Can I File Due Process or a Complaint Against a State Education Agency?

Question:

Can I file a due process hearing and/or complaint against a state education agency (SEA)?

Answer:

If your child has an Individualized Education Program (IEP), you can file a due process hearing and/or complaint against an SEA.

What Documents and/or Regulations Support this Answer?