Going Local: Virginia

Helpful Information from FCPS Lawyer John Cafferky, which You Won’t Find in VDOE’s “Parents’ Guide to Special Education Dispute Resolution”

In 2008, Virginia Department of Education (VDOE) issued “2008 Parents’ Guide to Special Education Dispute Resolution”, which included an acknowledgement to long-time Fairfax County Public Schools (FCPS) lawyer John Cafferky on a list of individuals who “contributed to the development of this document and/or who served as a reviewer.” Although VDOE released an update in 2010 under the same name, and then released a new guide (with the new title “The Virginia Family’s Guide to Special Education”) in late October 2023, neither mentioned input from Cafferky, nor did they include the input from Cafferky that is shared below. Hence, it seems fitting that the following advice from Cafferky be considered for a future edition.

Virginia’s Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State’s Failures

Virginia’s Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State’s Failures U.S. Department of Education (USDOE) continues to find Virginia Department of Education (VDOE) in noncompliance with Individuals with Disabilities in Education Act (IDEA). July 18, 2024, USDOE’s…

VDOE Finds FCPS at Fault for Systemic Failure to Implement IEPs; FCPS Must Address Delays in Providing Compensatory Education and Reimbursable Expenses

Fairfax County Public Schools (FCPS) is at fault for systemic failure to implement IEPs division wide.

A Letter of Findings (LOF) released today by Virginia Department of Education (VDOE) cites FCPS’ failures to provide compensatory education and reimbursable expenses in a timely manner consistent with IEP implementation regulations.

What Do Parents Need to Know?
In both cases, the reimbursable expenses and compensatory education are related to FCPS’ November 30, 2022, resolution agreement with Office for Civil Rights (OCR).

Although the findings address the families who joined the systemic complaint, neither VDOE nor FCPS can ignore noncompliance faced by other families.

17 Years of Independent Educational Evaluation Noncompliance: Virginia Department of Education Fails Students and to Perform Its General Supervisory Duties

For at least 17 years, Virginia Department of Education has failed to ensure compliance with IDEA and state IEE special education regulations.

During the last four years, VDOE has failed to ensure that all local education agencies statewide have implemented the changes required by U.S. Department of Education’s Office of Special Education Programs findings in its June 23, 2020, differentiated monitoring and support report on VDOE.

Prince William County Public Schools Found at Fault for Systemic Noncompliance; Must Change Independent Educational Evaluation Practices

May 3, 2024, Virginia Department of Education (VDOE) found Prince William County Public Schools (PWCPS) at fault for failure to implement federal and state special education regulations at a systemic level.

VDOE identified four counts of noncompliance related to PWCPS’ division-wide independent educational evaluation (IEE) practices, to include failure to follow U.S. Department of Education’s (USDOE) June 2020 required changes to Virginia Administrative Code (VAC).

Updated 4.7.24—Virginia in More Hot Water; U.S. Department of Education Issues New Report, Finds VDOE at Fault for More Noncompliance

March 18, 2024: Article published. April 7, 2024: Article updated. Updated information appears below in bold/red.

March 13, 2024, U.S Department of Education (USDOE) Office of Special Education Programs (OSEP) found Virginia Department of Education (VDOE) in noncompliance for the fourth year in a row. OSEP released its findings in a new Differentiated Monitoring Support report and letter. The issues identified relate to state complaints, mediation, due process, prior written notice, confidentiality, and independent educational evaluations (IEE).

March 15, 2024, Superintendent Lisa Coons responded to OSEP’s letter and report by issuing a letter to USDOE that states VDOE’s commitment to change and includes a chart outlining VDOE’s proposed corrective action plan (CAP) and timelines.

Notable corrective actions include changes to Virginia regulations regarding state complaint and due process filings. Moving forward, parents and advocates will be able to file state complaints and due process against VDOE.

Long-term noncompliance continues to relate to independent educational evaluations (IEE).

UPDATED 3.29.24—VDOE to Investigate Fairfax County Public Schools for Systemic Noncompliance; District Fails to Implement IEPs in a Timely Manner

Fairfax County Public Schools (FCPS), Virginia, again finds itself the focus of a systemic noncompliance investigation.

This time, Virginia Department of Education (VDOE) is investigating FCPS’ failures to implement IEPs in a timely manner.

Notably, FCPS has failed to ensure timely provision of compensatory education to students and timely reimbursement of out-of-pocket expenses to parents, even though both appear in IEPs proposed by FCPS and consented to by parents. The compensatory education and reimbursements at the core of the complaint relate to FCPS’ resolution agreement with Office for Civil Rights (OCR).

In some cases, parents and students have been waiting more than six months for FCPS to provide reimbursements and/or ensure provision of compensatory education.

Due Process Hearing Officer Orders Private College Prep School Placement for Student; Parents and Student Prevail in Rare Virginia Decision

February 29, 2024, two Virginia parents and their student prevailed in a due process hearing against Prince William County Public Schools (PWCPS).

When Hearing Officer Rhonda Mitchell found a private college preparatory school to be the appropriate placement for the student, and ordered PWCPS to pay for the student’s tuition, the word unprecedented came to the minds of the parents and their advocate.

Category: Going Local: Virginia