Special Education Action Page 18 of 45

Class Action Lawsuit Filed Against Virginia Department of Education and Fairfax County School Board; Alleges Civil Rights Violation of Students Who Have Special Needs

January 25, 2023: Article republished and updated to include amended complaint filed January 20, 2023.

September 21, 2022, a federal class action lawsuit was filed against the Virginia Department of Education (VDOE) and Fairfax County School Board (FCSB), for violations of the rights of students under the U.S. Constitution and the Individuals with Disabilities Act (IDEA). The Civil Rights Clinic of Georgetown Law School, the law firm of Susman Godfrey, LLP (each working pro bono), and Merritt Law, PLLC, collaborated to develop and file the case.

According to the complaint, plaintiffs allege that the Virginia due process hearing officers are not impartial, but in fact, have the worst ruling record of any major state in the entire country with respect to parents who have brought claims under the IDEA.

Dear VDOE: Why Did Sam Hollins Include Incorrect Information in Her Response to U.S. DOE’s Monitoring Letter on Virginia?

September 2, 2020: Article published.

January 24, 2023: Article republished with new introduction (see italics below).

Almost three years ago, U.S. Department of Education Office of Special Education Programs issued a Differentiated Monitoring and Support report on Virginia. In response, VDOE issued a ten-page letter from Superintendent of Special Education and Student Services Samantha Hollins, which included false and misleading information.

In the years that have followed, noncompliance has continued in Virginia, as has Samantha’s failure to release a public statement correcting and/or apologizing for the false information in her previous ten-page letter. Within the last two months, VDOE’s failures made the news again when Office for Civil Rights issued two letters of finding for two Virginia agencies: Fairfax County Public Schools and Southeastern Cooperative Educational Programs.

The big question now: Will USDOE eventually pull funding for Virginia as it did for Texas, when Texas hit its post-DMS release three-year mark?

Samantha Hollins Prohibits Recording of Resolution Meeting; Hangs Up on Parent

July 13, 2020: Article first published. January 23, 2023: Republished with new introduction (see italics below).

January 24, 2020, Samantha Hollins, assistant superintendent of VDOE’s Department of Special Education and Student Services, provided incorrect guidance on the recording of resolution meetings.

She first indicated that there is a Virginia regulation prohibiting the recording of resolution meetings.

Not true.

U.S. Dept. of Ed. Finds Arkansas and Michigan in Noncompliance with IDEA

United States Department of Education (USDOE) Office of Special Education Programs (OSEP) has found the states of Arkansas and Michigan in noncompliance with Individuals with Disabilities Education Act (IDEA).

January 12, 2023, OSEP issued differentiated monitoring support (DMS) reports for both states. In addition to including findings of noncompliance, the reports include required actions and timelines by which those actions must occur.

Perez v Sturgis: Will Supreme Court’s Decision Lead to Helping or Harming Students?

January 18, 2023, the Supreme Court heard oral arguments in Perez v Sturgis Public Schools.

The case focuses on 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. It is based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS).

Heartache and Lies Instead of FAPE

For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma. His experiences with SPS during those years are heartbreaking.

VFOIA-6763 Response: FCPS’s Recovery Services and/or Comp Ed Records and Practices

October 21, 2022, I submitted a Freedom of Information request (FOIA) to Fairfax County Public Schools (FCPS). The request was for the following:

1) any forms, letters, or documentation that address FCPS advising parents to pick their own recovery services and/or comp ed provider

2) any forms, letters, or documentation that address FCPS advising parents FCPS will reimburse parents for recovery services and/or comp ed.

3) any forms, letters, or documentation that address FCPS capping the service provider payment amount to a certain amount of dollars per hour and/or per service.

I know the above has already been provided to parents. I’m not asking for their educational records.

I know FCPS has internal records and form letters it developed.

I know that responsive records that are not also educational records exist.

This should include but not be limited to any training materials, slides, videos, presentations, too.

Accommodation Breakdown: Clarification of Directions and Expectations

Imagine a teacher assigns a writing project, requiring students to write three paragraphs related to an element on the periodic table.

Imagine one student writes three paragraphs about Chlorine and turns it into the teacher.

Now, imagine the teacher returning the paper back to the student, with red marks noting points taken off and the message, “I expected five sentences per paragraph.”

What happened?

Accommodations Don’t Have a Word Count: Clarity Trumps Word Count When Writing Accommodations

No laws or implementing regulations state accommodations must be written within a specific word count.

However, pursuant to the Individuals with Disabilities in Education Act and Section 504 of the Rehabilitation Act of 1973, the unique needs of students must be addressed.

In other words: Clarity and ensuring the unique needs of the child are met is more important than word count.

Author: Callie Oettinger (page 18)