It’s the Law: Why Does VDOE Allow Vague Language in IEPs?

If you’ve read any of “The Language of IEPs and 504s” articles on this site, you know broad and vague language is a problem and it will slip by you from time to time.

Thankfully, it isn’t the parent’s job to create IEPs that are written with clear, concise language that ensures provision of a Free Appropriate Public Education (FAPE). That’s the school division’s job.

And yet . . . Vague and broad language persists and the Virginia Department of Education has allowed this.

Children Continue to Struggle; Virginia Department of Education’s Samantha Hollins Continues to Allow Noncompliance Statewide

“You can choose to look the other way, but you can never say again you did not know.” ~William Wilberforce

Reading and math scores have declined, according to the “Nation’s Report Card”. which was released today by the U.S. Department of Education’s National Center for Education Statistics.

This comes as no surprise. In Virginia, Samantha Hollins knows Virginia is in noncompliance with the Individuals with Disabilities Education Act, but allows the noncompliance to continue.

According to NAEP, in Virginia, the following percentages of 4th graders are performing at or above “proficient” level in math and reading:

Math:38%
Reading: 32%

These numbers drop for 8th graders.

Arlington Public Schools Engaged in Same Activity as Fairfax County; VDOE Opened Systemic Complaint Against FCPS

October 18, 2022, VDOE announced a new systemic investigation into Fairfax County Public Schools. Arlington Public Schools engaged in the same activity for which VDOE opened its systemic investigation into FCPS.
10.18.22 FCPS Systemic Complaint

Virginia Dept. of Education Announces Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP’s

October 18, 2022, Virginia Department of Education announced a new systemic investigation into Fairfax County Public Schools.

The complaint on which the investigation is based alleges FCPS failed to implement Individualized Education Programs throughout the county, which is a violation of Individuals with Disabilities in Education Act and implementing Virginia regulations.

Virginia’s Noncompliance Continues; U.S. Dept. of Education States More Concerns Exist

June 23, 2020, United States Department of Education Office of Special Education Programs determined Virginia Department of Education is in noncompliance with federal regulations and issued a DMS report.

For each issue cited, OSEP required an action to address the issue—and these actions had 90-day timelines associated with them.

Almost two-and-a-half years later, issues remain, the DMS report has yet to be closed out, and more concerns continue to rise.

Virginia Dept. of Education Announces Investigation of Fairfax County Public Schools, for Allegedly Engaging in Predetermination

October 3, 2022, the Virginia Department of Education announced a new investigation into Fairfax County Public Schools.

The complaint on which the investigation is based alleges FCPS engaged in predetermination, which is a procedural violation of the Individuals with Disabilities in Education Act and implementing Virginia regulations.

FCPS Releases Final Special Education Audit Report; Bleak Portrait of Broken System Emerges from Report

September 26, 2022, Fairfax County Public Schools (FCPS) released the final report for its two-year “independent” audit of its special education program. The audit, done by American Institutes for Research (AIR) paints a bleak portrait of a broken system.

The report comes as no surprise to parents or educators. It confirms what parents have experienced for decades. Students’ needs are not being addressed pursuant to IDEA, Section 504, and state implementing regulations, teachers are undertrained and under supported, and leadership encourages teachers to be quiet rather than proactive in helping to ensure the needs of students are met.

Virginia State Superintendent Admits Accreditation Standards are Unreliable Measure of School Performance; Number of Failing Students Tripled in Reading, Quadrupled in Math

September 22, 2022, Virginia Superintendent of Public Instruction Jillian Balow admitted Virginia’s accreditation system skews data in a manner that “obscures the impact of the pandemic and school closures.”

According to VDOE, “Prior to the pandemic, the number of students statewide who failed an SOL reading test but showed growth — and therefore counted toward their school’s accreditation rating — ranged from 19,000-20,000. With this latest round of accreditation calculations, the number has more than tripled to 61,000.

“Similarly, the number of students who failed a math SOL test before the pandemic but showed growth and counted toward their school’s rating was about 20,000. This year the number has quadrupled to more than 88,000.”