Special Education Action Page 31 of 43

Fairfax County Public Schools Breaches Privacy of Thousands of Students; FERPA Noncompliance Continues

June 29, 2021, Fairfax County Public Schools (FCPS) breached the privacy of thousands of students attending South County High School, Hayfield Secondary School, Edison High School, West Potomac High School, Lake Braddock Secondary School, and FCPS Online Campus.

The breach includes the students’ names, their FCPS identification numbers, their FCPS email addresses, the schools at which they are enrolled, the names of their parents and/or guardians, and the email addresses of their parents and/or guardians.

Innovative Approaches to Literacy: United States Department of Education Holds Competition for 2021 Grant

The United States Department of Education (USDOE) is holding a competition for the Innovative Approaches to Literacy (IAL) grant in 2021.

April 6, 2021, USDOE published a notice of proposed priorities and requirement (NPP) for this program in the Federal Register (86 FR 17757).

July 12, 2021, USDOE published a notice of final priorities and requirement in the Federal Register (86 FR 36510).

TODAY: $6 Billion Distributed to Six States and the District of Columbia; What is the Status of Your State’s ARP ESSER Plan?

July 7, 2021, the U.S. Department of Education (USDOE) approved American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) state plans for six states and the District of Columbia, and released $418,634,738 to Arkansas; $611,331,608 to Massachusetts; $138,468,766 to Rhode Island; $127,339,745 to South Dakota; $4,148,464,081 to Texas; Utah: $205,578,303; and $128,932,230 to the District of Columbia.

Each state education agency (SEA) had until June 7, 2021, to submit either: (1) its ARP ESSER plan or (2) the State requirements that preclude submission of the plan by that date and a date by which it will be able to submit its complete ARP ESSER plan.

Contact your SEA to find out if your state is among the 40 states that have submitted a plan. If not, ask why. Either way, request the status of the report.

The Perfect Storm: FCPS Video Features FERPA Violations, Teacher Training Issues, Fidelity of Implementation Problems, and Possible IEP Noncompliance

November 5, 2020, Fairfax County Public Schools again violated student privacy and again exhibited issues related to teacher training, a reading-related program, fidelity of implementation of a reading-related program, and possible noncompliance of student IEPs.

These issues occurred during an office hour session with FCPS’s Alice Lima-Whitney, during which she and the staff in attendance discussed the program iLit and how the teachers were progressing with their students.

U.S. Dept. of Education’s Student Privacy Policy Office Rules FCPS at Fault for Privacy Breach

June 2, 2021, the U.S. Department of Education’s (USDOE) Student Privacy Policy Office (SPPO) issued a letter finding Fairfax County Public Schools (FCPS) in noncompliance for another privacy breach. The letter was issued in response to a complaint filed in 2019.

Oops! . . . They Did It Again!; Fairfax County Public Schools Continues to Breach Student Privacy

Today’s privacy violations are brought to you by Fairfax County Public Schools’ (FCPS) Office of Special Education Procedural Support.

May 6, 2021, Jane Strong, director of the Office of Special Education and Procedural Support, breached a student’s privacy when she emailed six documents related to the student to individuals to whom she should not have sent them.

South County High School Breaches Student Confidentiality Again

5.17.21: South County High School (SCHS) Principal Gary Morris and Due Process & Eligibility Coordinator Dawn Schaefer met with a representative of the U.S. Department of Education, Student Privacy Policy Office (SPPO). Among other things, they spoke about the confidentiality breaches for which FCPS is at fault, and for which the Virginia Department of Education (VDOE) has repeatedly found FCPS in noncompliance (See “FCPS Report Card”)

5.21.21: Just four days after FCPS spoke with USDOE SPPO, SCHS staff member Tina Wrubluski violated the privacy of numerous students when she shared her computer screen during an IEP meeting. Although numerous people kept trying to obtain her attention, Tina continued working away, making document folders about specific students available for viewing.

$122 Billion Available; How Will Your School Division Use Its Funds?

The United States’ money tree still has $122 billion in funding available to all states, the District of Columbia, and Puerto Rico.

Yesterday, April 21, 2021, the U.S. Department of Education (USDOE) released a template for the application states must submit before USDOE will release remaining American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) fund dollars. States are required to submit their plans to USDOE for approval.

According to the template’s instructions, each state education agency (SEA) must address all requirements listed in the template. This includes, but is not limited to identifying needs of underserved students, and “how the LEA will ensure that the interventions it implements, including but not limited to the interventions under section 2001(e)(1) of the ARP Act to address the academic impact of lost instructional time, will respond to the academic, social, emotional, and mental health needs of all students, and particularly those students disproportionately impacted by the COVID-19 pandemic, including students from low-income families, students of color, English learners, children with disabilities, students experiencing homelessness, children and youth in foster care, and migratory students.”

Author: Callie Oettinger (page 31)