Special Education Action Page 34 of 43

Due Process and State Complaints Documents: “Just Words”

The documents in this article may be of use to you if you are filing a state complaint or due processâ€”or to present to your local education agency if you’re not at a state complaint for due process stage.

The documents were used in one, or both, of two due process hearings in Virginia that included a focus on the program “Just Words”. In both cases, the hearing officer ruled that “Just Words” is inappropriate for students with Dyslexia. The cases were held within a year of each other (2019 and 2020). John Cafferky of the firm Blankingship & Keith represented Fairfax County Public Schools (FCPS) in both cases.

The hearing officer’s decision for the first hearing is included as well. The hearing officer’s decision for the second hearing has not been posted to VDOE’s site. The one page on which the hearing officer addresses her final decision in relation to “Just Words” is included. The transcripts for the “Just Words” sections of both hearings will be added in the coming week.

The Things Due Process Witnesses Say: Dottie Skrincosky

This post features quotes, facts, and documents related to a recent due process hearing at which Dottie Skrincosky testified.

The hearing focused on, among other things, whether the program “Just Words” is appropriate for a student with Dyslexia.

At the time the parent filed for due process, Dottie was a curriculum specialist on staff with FCPS.

Why Do FCPS Case Managers Need to Be Asked to Communicate with Teachers?

How can case managers collect data for IEPs and 504s if they don’t communicate with teachers?

How can case managers ensure IEPs and 504s are being implemented in full if they aren’t communicating with teachers?

At the start of the 2020-21 school year, Fairfax County Public Schools (FCPS) case managers had to be reminded to connect with the teachers of students enrolled in the FCPS Online Campus.

Due Process Breakdown: School Division Lawyer’s Opening Statements, John Cafferky 9.30.20

Thank you to everyone who shared and who reached out to me about the recent article “Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia”.

Today’s article shares more information about how that hearing played out, starting with the opening remarks presented by Fairfax County Public Schools’ (FCPS) counsel John Cafferky of Blankingship & Keith.

John presented his opening statements September 30, 2020, the first day of the due process hearing filed against FCPS.

Among other things, the hearing focused on whether the program “Just Words”, which FCPS proposed four school years in a row for the student who was the focus of the hearing, is appropriate for a student who has Dyslexia.

Know This About FAPE

FAPE is an acronym for Free Appropriate Public Education.

Free Appropriate Public Education is not the definition of FAPE.

If you don’t know it already, it is time to learn the definition of FAPE.

In order to know if the school division and its teachers are providing FAPE, you need to know what it is.

Fairfax County Public Schools Failed to Comply with Federal Regulations; Continued to Deny IEEs

Virginia’s Independent Education Evaluation (IEE) regulations will be changed to align with federal regulations.

Local educations agencies (LEA) are required to follow the federal regulations (even before the state regulation change) or they will be found in noncompliance.

However, seven months passed before Fairfax County Public Schools (FCPS) presented this information to special education lead teachersâ€”even though it was already found in noncompliance for failure to comply with federal regulations.

IEP Progress Reports: What Should Be Reported Vs. What Is Reported

What should be in Individualized Education Program (IEP) progress reports and what actually is in IEP progress reports often are two different things.

Imagine it is time for your annual work review. Your employer presents a report that states you didn’t make progress, or didn’t make enough progress, toward your goals for the year. However, when you read the report, there’s no data backing your employer’s decision, nor is there a performance plan for moving forward. You don’t know why you didn’t progress and you don’t know what you need to do in order to progress.

The same issues occur with IEP progress reports.

Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia

For the second time in about a year, a Virginia Hearing Officer ruled that the program “Just Words” is inappropriate for a student with Dyslexia. In both cases, the due process hearing focused on a student attending Fairfax County Public Schools (FCPS), in Virginia.

The law firm Blankingship & Keith represented FCPS in both cases, too. Although the first hearing officer ruled “Just Words” to be inappropriate for a student with Dyslexia, FCPS continued to enroll students with Dyslexia in it, and FCPS and Blankingship & Keith continued forward in the second hearing, arguing “Just Words” to be appropriate for a student with Dyslexia.

Author: Callie Oettinger (page 34)