These May 5 and May 13, 2020 e-mails were obtained via a Freedom of Information Act (FOIA) request.
They are between Jane Strong, director of Fairfax County Public Schools’ (FCPS) Office of Special Education Procedural Support, and Samantha Hollins, assistant superintendent of the Virginia Department of Education’s (VDOE) Department of Special Education and Student Services.
Jane explores using waivers to graduate students who weren’t expected to graduate.
Are schools required to provide a Free Appropriate Public Education (FAPE) during COVID-19?
Let’s start with the United States Departments of Education and IDEA.
§ 300.17 of IDEA states: “Free appropriate public education or FAPE means special education and related services that—(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324.”
Sections §§300.320 through 300.324 specifically address meeting the needs of the child, not the needs of the school.
COVID-19 did not change the needs of the child. It changed the location at which those needs are addressed.
“Sorry this got to you and James”.
—Scott Brabrand, FCPS Superintendent.
4.21.20, Fairfax County Public School (FCPS) Superintendent Scott Brabrand emailed this apology to Donald R. Fairheart, Deputy Superintendent and Chief of Staff, Division of School Quality, Instruction, and Performance, VDOE. James is James Lane, Superintendent of the Virginia Department of Education.
His “sorry” followed an email from Alexander Cochran, Special Counsel to the Governor for Federal Affairs, Office of Governor Cuomo, to Stacey Brayboy, Director of the Virginia Office of Intergovernmental Affairs, warning about FCPS’ failures to launch.
“. . . we’re not using the IEP during COVID-19â€. —Andrew Guillen, manager due process and special education services
This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training†FCPS provided to staff — and just one of many that are cause for concern.
The presentation indicates: 1) FPCS did not have IEPs or TLPs in place when their online campus for distance learning launched April 14th. Instead, the day before, staff members were being advised on TLPs.
4.13.20: Video Slideshow accompanying “TLP Procedural and Instructional Guidance Training” presented by Dawn Schaefer, coordinator for due process and eligibility; Andrew Guillen, manager due process and special education services; Kellie Cochran, coordinator for special ed related services.
Obtained via FOIA request.
Transcript provided by Special Education Action.
Virginia Department of Education (VDOE) issued a Notice of Complaint (NOC) in response to a systemic complaint filed on behalf of six Fairfax County Public School (FCPS) students.
FCPS’s response to the complaint makes a case AGAINST providing compensatory education in response to the cessation of in-person instruction during the 2019-20 school year, based on an argument that schools weren’t open and FCPS isn’t responsible for closed and/or partial days.
FCPS provided a document saved as “Lane Special Ed Letter”, in response to a FOIA request. The letter itself lists one waiver after another related to special education, as divisions “try to navigate the fallout from the COVID-19 pandemic.”
Instead of requesting more supports to ensure provision of FAPE for students and to help teachers, the letter states, “Our goal is to reduce the administrative burden on special education staff . . . ”
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.
I received this internal “Hot Topics” Region 4 document in response to a FERPA request. I didn’t ask for it.
When I opened the file, I noticed tracked changes on the document. I clicked them and everything Fairfax County Public Schools (FCPS) incorrectly redacted popped up, to include names of students, their lawyers, monies paid, and so on.
The document including concerning information, to include FCPS acknowledging some of the very issues that I and other parents have complained about for year, such as failure to identify special education students, failure to implement programs related to Dyslexia with fidelity, and privacy violations.
Fairfax County Public Schools (FCPS) “Hot Topics” reports list over 400 special education-related issues, to include over 150 issues related to placement/reimbursement and over 100 related to IEPs.
VDOE refused to initiate an investigation into systemic violations, stating “the complaint includes insufficient facts to support the alleged violations”.
Section 300.502 of IDEA 2004 does not state that the Local Education Agency (LEA) or the State, may 1) set a below-market price cap on the evaluations; 2) place limits on the the type of evaluation and the assessments within the evaluation; 3) nag parents to state the reason for their IEE request or put any other burden upon the parents; or 4) require the IEE provider to edit its evaluation upon request of the LEA or State.
However, Fairfax County Public Schools has done all of the above.
June 23, 2020, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released its report on an on-site monitoring visit conducted by OSEP on May 28 and 29 of 2019.
Problems identified by OSEP relate to complaints and due process, mediation, independent education evaluations, and overall monitoring failures.
It is curious that just two days later, OSEP released its “2020 Determination Letters on State Implementation of IDEA”, which lists Virginia as “Meets Requirements”.
How is it possible for VDOE to receive this rating?
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