Special Education Action Page 18 of 42

Children Continue to Struggle; Virginia Department of Education’s Samantha Hollins Continues to Allow Noncompliance Statewide

“You can choose to look the other way, but you can never say again you did not know.” ~William Wilberforce

Reading and math scores have declined, according to the “Nation’s Report Card”. which was released today by the U.S. Department of Education’s National Center for Education Statistics.

This comes as no surprise. In Virginia, Samantha Hollins knows Virginia is in noncompliance with the Individuals with Disabilities Education Act, but allows the noncompliance to continue.

According to NAEP, in Virginia, the following percentages of 4th graders are performing at or above “proficient” level in math and reading:

Math:38%
Reading: 32%

These numbers drop for 8th graders.

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

October 18, 2022, VDOE announced a new systemic investigation into Fairfax County Public Schools. Arlington Public Schools engaged in the same activity for which VDOE opened its systemic investigation into FCPS.

Virginia Dept. of Education Announces Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP’s

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

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.

Virginia’s Noncompliance Continues; U.S. Dept. of Education States More Concerns Exist

June 23, 2020, United States Department of Education Office of Special Education Programs determined Virginia Department of Education is in noncompliance with federal regulations and issued a DMS report.

For each issue cited, OSEP required an action to address the issue—and these actions had 90-day timelines associated with them.

Almost two-and-a-half years later, issues remain, the DMS report has yet to be closed out, and more concerns continue to rise.

Virginia Dept. of Education Announces Investigation of Fairfax County Public Schools, for Allegedly Engaging in Predetermination

October 3, 2022, the Virginia Department of Education announced a new investigation into Fairfax County Public Schools.

The complaint on which the investigation is based alleges FCPS engaged in predetermination, which is a procedural violation of the Individuals with Disabilities in Education Act and implementing Virginia regulations.

What Is Predetermination?

In the space of K-12 education, predetermination occurs when a local education agency (LEA) pre-determines decisions related to a student prior to the development of an IEP and regardless of any data and/or any other type of input from parents, which parents might provide during IEP meetings.

Privacy is a Right, NOT an Accommodation

A parent requested the following accommodation after his teachers repeatedly mentioned his Individualized Education Program (IEP) to the class:

“Teachers should not intentionally allow other students to know that XXXXXX has an IEP and receives special education services.”

The parent didn’t understand that privacy is a right, not an accommodation, simply because the privacy violations modeled by the teacher pointed in the opposite direction.

Who Attends IEP Meetings and What is an IEP Team?

A parent asks for an IEP meeting.

The IEP case manager for the parent’s child replies with a time and a date, and states that the child’s regular education teacher will not be a part of the IEP team.

The school’s proposed IEP team does not comply with the Individuals with Disabilities Education Act (IDEA).

If the parent agrees to the meeting, he or she will be attending a meeting, but not an IEP meeting with an IEP team as defined by IDEA.

Author: Callie Oettinger (page 18)