Author: Callie Oettinger (page 16)

This is part IV in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part IV is FCPS’s refusal to provide access to educational records, specifically “information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs.”

September 17, 2020: Article first published. February 20, 2023, article updated to include the introduction below in italics.

November 30, 2022, Office for Civil Rights (OCR) publicly released its letter of findings about, and resolution agreement with, Fairfax County Public Schools (FCPS). One OCR finding focused on FCPS’s failure to track the provision of “recovery services” during the “COVID period” (April 2020–June 2022) investigated by OCR. We’d be splitting hairs if we tried to determine enormous differences between “recovery” and “compensatory” services, so for the purposes of this introduction, I’m lumping them together since there was no credible or reliable tracking system for either prior to COVID. OCR just took its time nailing FCPS for this issue.

OCR cited the following appalling anecdote about recovery services tracking in its 2022 findings:

“She also urged teachers “to be just really careful when” recording those services on students’ IEPs. As she went on to explain, after running “a SEA-STARS report,” the Division had found that for “60% of the students who ha recovery services on the services grid of their IEP, it was just a clerical error.”

What follows in this article provides an appalling example related to compensatory services tracking failures. In addition, it provides more proof that the problems for which OCR found FCPS in noncompliance had been years in the making. They weren’t unique to COVID.

This is part III in a series about Fairfax County Public Schools ignoring Office for Civil Rights’ November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part III is FCPS’s refusal to convene teams of knowledgeable committee members, its refusal to use and document data in compliance with IDEA and Section 504, and its refusal to ensure individuals with credentials to interpret data are in attendance at IEP or 504 Plan meetings.

Round and round and round we go. Where Fairfax County Public Schools’ noncompliance will stop nobody knows.

November 30, 2022, Office for Civil Rights released its letter of findings and resolution with FCPS. This followed OCR’s directed investigation of FCPS, which found massive noncompliance impacting over 25,000 students with IEPs or 504 Plans.

Yet, FCPS’s noncompliance—for the very issues identified by OCR—continues to occur almost three months after OCR made its findings and resolution public.

In Part II of this series, I address FCPS reducing, limiting & watering down services and instruction—and then its refusal to provide compensatory education to address this noncompliance.

Article first published: September 4, 2020. Article updated with introduction in italics below: February 16, 2023.

Not long ago, another slice of VDOE mail went MIA after leaving VDOE’s Bermuda Triangle of a mailroom. As happened previously, I contacted VDOE and VDOE said it was sent, and then after some cajoling, VDOE got with the times and emailed it. Given this has happened more than once, I’m beginning to wonder if VDOE is using this as a way to extend its deadlines. Just say something was mailed and wait until the person on the other end asks, “What gives?”—and then at this point either say “oops, mailroom mystery” and remail (or email it), or wait a few more days if the document isn’t completed and send it then. If you’ve experienced this yourself, please let me know. Somethings smells rotten in VDOE land.

The Virginia Department of Education (VDOE) Mail and I tangled for the first time back in 2017.

It was summer, the temperature was skyrocketing, and air conditioners were chugging along like The Little Engine That Could, just trying to make their way through each day. Even the mosquitoes went into hiding.

I was waiting on a response to a state complaint.

September 9, 2020: Article first published. February 15: Article republished with introduction in italics below.

About four-and-a-half years ago, I left my recording device in a room when I left. To date, FCPS has yet to address this, other than the time its counsel John Cafferky insinuated during a due process hearing that it was an intentional ham-handed attempt to try to catch FCPS doing something. It wasn’t. FCPS does quite well at screwing up on its own. No need for anyone to try to catch what’s already publicly displayed. However, it played well for John and the hearing officer wouldn’t allow the recording to be used.

I’m still trying to find out what FCPS staff member Heather Bousman-Stanczak meant when she said, “This isn’t a Title IX office and division counsel at this point . . .” If readers have any information, please let me know.

8.15.18:

I attended an IEP meeting.

When I left the meeting room, I accidentally left behind my recorder, which was still recording.

The recorder captured comments by FCPS members of the IEP team (Procedural Support Liaison Program Manager Angelina Prestipino, Procedural Support Liaison Jean Massie, Dyslexia Resources Regional Point of Contact Tracy Puckett, and Assistant Principal Heather Bousman-Stanczak), which they started making immediately after I left the room.

They wasted no time.