Special Education Action Page 35 of 44

Fairfax County Pay-to-Play, 5-Days-a-Week, In-Person Education Model Generates Revenue for County; Sparks Civil Rights Investigation

Payment and availability are not prerequisites for a free appropriate public education (FAPE).

January 2021, the U.S. Department of Education (USDOE) Office of Civil Rights (OCR) launched an investigation into Fairfax County Public Schools’ (FCPS) practices of refusing to provide in-person instruction to students with disabilities, while at the same time opening “its schools to in-person child-care for general education students.” January 12, 2021, USDOE OCR submitted a letter to Superintendent Scott Brabrand, to announce the launch of the investigation.

However, the issue is about more than child care.

Regulations and Case Law School Divisions, Lawyers, Hearing Officers, and State Education Agencies Use: IEP Implementation

This article focuses on IEP Implementation-related regulation and case law that school divisions, school division lawyers, hearing officers, and state education agencies use in documents they issue.

FCPS Knows Reading Program Isn’t Appropriate for All Students who have Dyslexia

Warning: This is another “Just Words” article.

If you’re new to my articles, I’ve spent a fair amount of time writing about “Just Words” in response to Fairfax County Public School’s inappropriate use of the program for students who have Dyslexia. My articles aren’t a criticism of the program, but of the administration and implementation of a program that 1) the publisher does not endorse for students with Dyslexia and 2) that two Virginia hearing officers have ruled to be inappropriate for students with Dyslexia.

Today I was provided access to the Dyslexia participant slide deck for the 2.12.19 FCPS Secondary Literacy Intervention Teachers “Resource Bonanza”.

On the slide titled “Specialized Learning Programs”, there are three programs listed: “Just Words”, “Corrective Reading”, and “Language Live”.

This One’s for the Advocates and Hypocrites

This one’s for all the advocates and hypocrites, the experts and hustlers, and wanna-be change makers who are writing, and speaking, and screaming, and singing, and demonstrating to change the system—while all the while making a killing on the system they say they want to change.

Speaking the truth of the remarkable Ice T:

“You can’t come out on a record dissing the system and be on a label that’s connected to the system.”

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.

Author: Callie Oettinger (page 35)