Special Education Action Page 23 of 44

The Language of IEPs & 504s: Just When You Thought You Knew the Definition of “Assessment”, Wrong Again

In my world, an assessment is any kind of quiz, test, evaluation, etc., whether it is graded or not graded.

In IEP and 504 Plan worlds, assessments are interpreted as differently as a person might interpret a piece of poetry. Whereas one person might interpret Robert Frost’s “The Road Not Taken” to be about being an individual choosing a different path, marching to a different drummer, and so on, there are others who point to this understanding as nonsense, as the incorrect interpretation.

Who knew assessments could be the same way?

Fairfax County Public Schools Withheld Records from Office of Civil Rights; FCPS Didn’t Provide Full Response to OCR’s Investigation Data Request

Fairfax County Public Schools failed to provide the United States Department of Education Office of Civil Rights a full response to OCR’s request for data.

January 12, 2021, OCR launched an investigation into FCPS, for civil rights violations related to the COVID pandemic.

May 4, 2021, OCR submitted an “Initial Data Request Letter” to Superintendent Scott Brabrand, which has a focus on “what the Division has done to address any denial of free appropriate public education (FAPE) that has occurred for students with disabilities while the Division has offered remote learning in response to the pandemic.

FCPS failed to provide a full response.

UPDATE: Fairfax County Public Schools FOIA’d Parents’ Communications with Office of Civil Rights

Fairfax County Public Schools submitted an expedited FOIA request for parents’ communication with the U.S. Department of Education Office of Civil Rights, just a week after OCR sent FCPS clarifying information about its investigation of FCPS.

Accommodation Breakdown: Flash Pass

The flash pass accommodation is a life saver. Unfortunately, it wasn’t on my radar until middle school. It’s an accommodation I’d recommend for both older and younger ages.

What is a Flash Pass?

A Flash Pass allows a student to leave class without having to 1) ask permission or 2) provide an explanation.

Fairfax County Public Schools Provided Recovery Services to Less Than 1% of Students

As of February 2022, less than 1% of Fairfax County Public Schools students had been provided recovery services or had “recovery services indicated on their IEP in some form.”

FOIA Response: More Internal Emails Provided, More Proof FCPS is Aware of Problems with Independent Educational Evaluation Rates and Other Issues

July 26, 2022, Fairfax County Public Schools provided its response to another FOIA request, this one focused on staff correspondence over a few days in May 2022.

For the limited time covered, the FOIA response includes significant information related to the hot-button issue of FCPS’s below-market Independent Educational Evaluation rates.

Although numerous parents through the years have complained to FCPS and/or have filed state complaints about the rates, FCPS has refused to change the rates.

Yet . . . It looks like FCPS has known for years that the rates are a problem.

FOIA Response: Records FCPS Provided to Office of Civil Rights for OCR’s COVID Investigation

January 2021, the United States Department of Education Office of Civil Rights launched an investigation into Fairfax County Public Schools, for civil rights violations related to the COVID pandemic.

A FOIA request was made for all of the records FCPS provided to OCR for the investigation. In response to the request, FCPS refused to provide the records within the mandated timeline, filed a lawsuit related to the request, and to date has refused to respond to subsequent requests for records and to questions about records responsive to the request.

Over a period of about a month, FCPS provided the records published here.

Sample State Complaint: Noncompliance of Evaluation Timeline and FAPE

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.

Author: Callie Oettinger (page 23)