Special Education Action Page 22 of 44

Virginia State Superintendent Admits Accreditation Standards are Unreliable Measure of School Performance; Number of Failing Students Tripled in Reading, Quadrupled in Math

September 22, 2022, Virginia Superintendent of Public Instruction Jillian Balow admitted Virginia’s accreditation system skews data in a manner that “obscures the impact of the pandemic and school closures.”

According to VDOE, “Prior to the pandemic, the number of students statewide who failed an SOL reading test but showed growth — and therefore counted toward their school’s accreditation rating — ranged from 19,000-20,000. With this latest round of accreditation calculations, the number has more than tripled to 61,000.

“Similarly, the number of students who failed a math SOL test before the pandemic but showed growth and counted toward their school’s rating was about 20,000. This year the number has quadrupled to more than 88,000.”

Accommodation Breakdown: The Assignment Notebook (a.k.a. the Most-Changed and Least-Implemented Accommodation)

This is the accommodation that warrants its own evolution chart.

In my experience, it has the dubious honor of being the most-changed, least-followed, and most misunderstood accommodation that I’ve ever seen played out.

Fairfax County Teacher Assaulted Special Education Student; FCPD Seeks Information from Public

September 21, 2022, Fairfax County Police Department (FCPD) announced that detectives from its Major Crimes Bureau’s Child Abuse Squad charged 60-year-old instructional assistant Mark MacDicken “for assaulting a juvenile student.”

This occurred after two teachers walked into their classroom and witnessed McDicken assaulting a student who has special needs.

Sample State Complaint: Noncompliance, Student Records—Confidentiality

The is a complaint that was submitted to the Virginia Department of Education (VDOE).

VDOE found Fairfax County Public Schools (FCPS) in noncompliance.

VDOE’s Letter of Findings, in which it stated FCPS’s noncompliance is included, following the complaint.

Accommodation Breakdown: Copies of Teacher Notes

“Copies of Teacher Notes”

This is another accommodation I thought to be straightforward.

How could it possibly be interpreted any other way than the teacher providing all teacher notes to the student in advance of the class?

But wait boys and girls, there’s moreâ€”always more to an accommodation than any of us expected.

For Students, Virginia’s “Bridging the Gap” Program is a Bridge too Late & to Nowhere

Fairfax County Public Schools, Virginia’s largest school district—and one of the largest school districts in the nation—has spent merely 5% of the $188.7 million from the American Rescue Plan. This number was reported today in Linda Jacobson’s article for “The 74”, “Facing Pandemic Learning Crisis, Districts Spend Relief Funds at a Snail’s Pace”.

FCPS’s ARP funding failed to address the needs of students from the classes of 2020, 2021, and 2022, who graduated or dropped out of school before funding could benefit them. Recent announcements from the National Assessment of Educational Progress (NAEP), the Virginia Department of Education, and Governor Glenn Youngkin’s office indicate that this trend will continue.

In Virginia’s case, this follows a downward trend in academic performance that started before COVID.

Accommodation Breakdown: Testing to Completion

“Testing to Completion”.

Seems like a straightforward accommodation, right?

Student is given the test.

Student is given as much time as is needed to complete the test.

How could it possibly be interpreted any other way?

What could possibly go wrong?

It’s the Law: Confidentiality and Access of Student Records

The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student records and provides rights to parents and students to access those records.

Under the Individuals with Disabilities Education Act (IDEA) there are additional confidentiality and access protections.

This article includes a few examples of noncompliance, with which you might not be familiar, as well as your go-to regulations should you need them.

Author: Callie Oettinger (page 22)