Special Education Action Page 6 of 42

FCPS COVID-19 Compensatory Education Update FOIA Response

FCPS FOIA Response: “COVID-19 Compensatory Education Update” and “COVID-19 Compensatory Education Service Delivery Models”

June 13, 2023, Michelle Boyd, FCPS’ former Assistant Superintendent, Department of Special Services, spoke at the monthly Advisory Committee for Students with Disabilities meeting and stated Office for Civil Rights provided FCPS additional guidance. Boyd stated she would be releasing it to principals either that night or the next day, in addition to sending it to ACSD members.

A FOIA request was submitted to obtain the guidance document. After receiving Boyd’s June 14, 2023, guidance email to FCPS staff, another FOIA request was submitted, to obtain access to documents hyperlinked within Boyd’s email.

VDOE FOIA Response: Fairfax and Powhatan County Public Schools Core Special Education Assessment Data Collection

Virginia Department of Education (VDOE) provided its collection data for Fairfax County Public Schools (FCPS) and Powhatan County Public Schools (PCPS) in response to a June 20, 2023, FOIA request for the following:

“Please provide me the summary reports for VDOE’s Core Special Education Assessment results for Fairfax County Public Schools. An example is attached for reference. Please search the period of 2019-today.

8.28.23 notice letter from VDOE Lisa Coons to Powhatan County Public Schools

VDOE FOIA Response: VDOE’s 6.23.23 and 8.28.23 Warnings to Powhatan County Public Schools; Comply with IDEA or Face Sanctions

VDOE FOIA Response: VDOE’s 6.23.23 and 8.28.23 Warnings to Powhatan County Public Schools; Comply with IDEA or Face Sanctions Virginia Department of Education (VDOE) issued two letters to Powhatan County Public Schools (PCPS), warning PCPS that it was facing sanctions,…

USDOE OIG ARP ESSER Plans and Spending Report for Washington State

Washington Failed to Provide Adequate Oversight of ARP ESSER Plans and Spending; U.S. Dept. of Education Office of Inspector General Releases Investigation Findings

U.S. Department of Education (USDOE) Office of Inspector General (OIG) found Washington Office of Superintendent of Public Instruction (WOSPI) failed to have an adequate oversight process in place to ensure that 1) local educational agencies’ (LEA) American Rescue Plan (ARP) Elementary and Secondary School Emergency Relief (ESSER) plans met applicable requirements and 2) LEAs use ARP ESSER funds in accordance with applicable requirements and their approved LEA ARP ESSER plans.

UPDATE: VDOE Opens Systemic Complaint on FCPS: Denial of FAPE to Preschool, Honors, Foreign Language, and Day School Students

June 1, 2023: Article first published.

July 13, 2023: Article updated to include additional information Complainant submitted to VDOE; FCPS’s response to Complaint’s state complaint; and the timeline extension letter VDOE issued itself July 10, 2023, one day before VDOE’s Letter of Findings was due. VDOE set September 15, 2023, as the new due date.

September 18, 2023: Article updated to include VDOE’s second timeline extension letter, in which it changed its timeline from September 15 to October 31, 2023, as well as additional evidence provided to FCPS by Complainant.

May 23, 2023, Virginia Department of Education opened another systemic complaint investigation into Fairfax County Public Schools, in response to a complaint filed May 12, 2023.

The complaint alleges FCPS is at fault for systemic failures to provide FAPE, to include but not limited to failure to address the unique academic, behavioral and functional needs of its students; failures to appropriately place students; and failures to provide services to students who elect to enroll in Honors classes.

Writing State Complaints: Stick to the Facts

Parents often write state complaints under a veil of pain and frustration. View an example of a tightened version of an already filed state complaint.

Ch-Ch-Ch-Ch-Changes; Time for Change and Thanks

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Author: Callie Oettinger (page 6)