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.
FCPS Releases Final Special Education Audit Report; Bleak Portrait of Broken System Emerges from Report
September 26, 2022, Fairfax County Public Schools (FCPS) released the final report for its two-year “independent” audit of its special education program. The audit, done by American Institutes for Research (AIR) paints a bleak portrait of a broken system.
The report comes as no surprise to parents or educators. It confirms what parents have experienced for decades. Students’ needs are not being addressed pursuant to IDEA, Section 504, and state implementing regulations, teachers are undertrained and under supported, and leadership encourages teachers to be quiet rather than proactive in helping to ensure the needs of students are met.