(June 13, 2022, Update) Due Process Case 22-84, Chesterfield County Public Schools, Virginia: Subpoenas, Motions, Transcripts, and More

June 13, 2022, Update: Transcripts for due process days March 25th, 28th, 29th, and 30th, 2022, were added.

Thank you to two Chesterfield County, Virginia, parents for sharing their due process experiences and associated documents.

You’ll find the hearing transcripts at the end of this article. In the coming weeks, subpoenas, motions, and other documents will be added, providing readers an example of how due process hearings play out record by record.

(6.9.22 Update) Fairfax County Public Schools Levies Service Fee for Service it Doesn’t Provide, Fails to Follow and Update Its Own Pricing Guidelines

(This article was first published May 6, 2022. It was updated May 9, 2022, to include new information provided by School Board Member Megan McLaughlin. Scroll to the bottom of the article to see the update.)

Fairfax County Public Schools (FCPS) is at fault for the following issues:

1) levying a service fee for a service it doesn’t provide;

2) failing to follow its own pricing guidelines;

3) failing to update its pricing guidelines and failing to have a system in place to identify needed updates;

4) failing to have a system in place to catch fee charging and collection issues;

5) failing to train staff to understand fee charging and collection issues, and to think creatively and critically to identify and/or suggest solutions for such issues; and

6) making the already expensive post-high school graduation planning process more expensive for families and students.

Freedom of Information Act

How to Submit a Freedom of Information Act Request

The Freedom of Information Act (FOIA) provides the public access to records held by public bodies.

As FOIA.gov stated, the freedom of information act “is a vital part of our democracy.”

Learn how to write and submit a FOIA request, and learn about some of the issues that may arise in response to your request submission.

Fairfax County Public Schools Refused to Update Transition Plan; VDOE Found FCPS in Compliance, Faulted Parent for Not Requesting Updated Transition Plan

Fairfax County Public Schools, Virginia, refused to update the transition plan in a student’s Individualized Education Plan. After the student’s parent filed a state complaint with the Virginia Department of Education, VDOE issued a Letter of Findings that found FCPS in compliance with the Individuals with Disabilities Education Act and faulted the parent for not requesting an updated transition plan.
Among other things, the LOF states:

“In reaching our finding on this Subissue, we find the following compelling:

“There is no indication in the record that Parent requested revision to Student’s transition plan . . .”

U.S. Department of Education Announces Intent to Amend Regulations Implementing Section 504, Requests Public Input

May 6, 2022, the United States Department of Education (USDOE) announced its intent to amend Section 504 of the Rehabilitation Act of 1973 and to “gather public input on possible amendments to those regulations in order to strengthen and protect the rights of students with disabilities.”

USDOE’s announcement comes 45 years after Joseph Califano, President Jimmy Carter’s Health, Education, and Welfare Secretary, finally signed the Section 504 regulations April 28, 1977.

Due Process Transcript, Fauquier County Public Schools, Virginia, Hearing Officer Frank Aschmann

Here you’ll find the hearing officer’s decision and the transcripts for a two-day due process hearing, which Fauquier County Public Schools (FCPS) filed against the parents of a student who was clinically diagnosed with autism spectrum disorder, emotional disability, ADHD, and anxiety, and who at the time of the hearing had an Individualized Education Program (IEP). FCPS filed the due process with the purpose of 1) proving the student isn’t eligible for an IEP and 2) terminating the student’s IEP.

Office of Civil Rights Finds Los Angeles Unified School District in Noncompliance, LAUSD Must Provide Compensatory Education to Students

April 28, 2022, the Office of Civil Rights announced Los Angeles Unified School District is at fault for civil rights violations and OCR released the resolution reached following its investigation of LAUSD.

This follows OCR’s January 12, 2021, announcement that it would investigate LAUSD, Fairfax County Public Schools (Virginia), and Seattle Public Schools.