Going Local: Virginia

Fairfax County Public Schools Refused to Update Transition Plan; VDOE Found FCPS in Compliance, Faulted Parent for Not Requesting Updated Transition Plan

Fairfax County Public Schools, Virginia, refused to update the transition plan in a student’s Individualized Education Plan. After the student’s parent filed a state complaint with the Virginia Department of Education, VDOE issued a Letter of Findings that found FCPS in compliance with the Individuals with Disabilities Education Act and faulted the parent for not requesting an updated transition plan.
Among other things, the LOF states:

“In reaching our finding on this Subissue, we find the following compelling:

“There is no indication in the record that Parent requested revision to Student’s transition plan . . .”

Due Process Transcript, Fauquier County Public Schools, Virginia, Hearing Officer Frank Aschmann

Here you’ll find the hearing officer’s decision and the transcripts for a two-day due process hearing, which Fauquier County Public Schools (FCPS) filed against the parents of a student who was clinically diagnosed with autism spectrum disorder, emotional disability, ADHD, and anxiety, and who at the time of the hearing had an Individualized Education Program (IEP). FCPS filed the due process with the purpose of 1) proving the student isn’t eligible for an IEP and 2) terminating the student’s IEP.

Fairfax County Public Schools Leadership Team Annual Employment Contracts

Employment contracts for Fairfax County Public Schools’ (FCPS) leadership team were released today. FCPS released them in response to a FOIA request submitted by parent Debra Tisler — and then turned around and attempted to recall the response.

The contracts provided to her today include information that should be publicly available as it details the terms of contracts for FCPS Superintendent Scott Brabrand and numerous other “leadership team” members who are responsible for the education of Fairfax County’s students and the running of its school system.

U.S. Dept. of Education Finds Virginia at Fault for Continued Noncompliance

The United States Department of Education determined the Virginia Department of Education “has not demonstrated correction of all the noncompliance identified in USDOE’s June 23, 2020, Differentiated Monitoring and Support monitoring letter and that it remains “concerned about the volume and nature of the concerns raised by .”

February 8, 2022, USDOE sent VDOE its response to VDOE’s corrective action information.

Special Education Action obtained the February 8, 2022, letter yesterday in response to a FOIA request submitted to VDOE.

Former VDOE Superintendent James Lane Heads to Washington; How Will U.S. Dept. of Education Defend Hiring the Official Who Reigned Over Years of VDOE Failures?

James Lane, the former superintendent of public instruction at the Virginia Department of Education (VDOE) is making a move from Richmond to Washington, D.C.

How will USDOE defend hiring the senior official who reigned over so many years of failure?

Office of Civil Rights Opens Investigation into Fairfax County Public Schools; Retaliation

Fairfax County Public Schools is again the focus of an investigation by the United States Department of Education’s Office of Civil Rights.

January 27, 2022, OCR issued a letter announcing the opening of the investigation.

Retaliatory actions are the focus of the complaint.

Fairfax County School Board’s Legal Fees for Prior Restraint Lawsuit Against Parents Now Expected to Exceed $300,000

“What we’re doing here is — what the defendants are doing is enforcing their rights under the First Amendment, and those rights, enforcing their rights under the First Amendment, is about as high in the public interest scale as you can get.”

~Judge Richard E. Gardiner

November 16, 2021, Judge Richard E. Gardiner ruled that a Fairfax County School Board’s (FCSB) lawsuit against two parents was “about as much a prior restraint as there ever could be” and he characterized one of the Board’s arguments as “almost frivolous.”

As legal fees continue to roll in, the total spent by FCSB now is expected to exceed $300,000.

The irony of the FCSB wasting $200,000+ of taxpayer funds to sue two taxpayers who dared to expose wasteful spending is impossible to ignore.

1.28.22 VDOE systemic letter of findings on Loudon County Public Schools

Loudon County Public Schools at Fault for Systemic Violations Related to Independent Educational Evaluations; Must Reimburse Parents for Out-of-Pocket Costs

January 28, 2022, the Virginia Department of Education issued a Letter of Findings in which it ruled Loudon County Public Schools “to be in noncompliance with regard to cost containment criteria, submission or reports, and pre-evaluation discussions,” related to Independent Educational Evaluations.

In a surprising move from a state agency averse to investigating complaints at a systemic level, VDOE ordered LCPS to “reimburse parents who have paid out of pocket for IEEs due to the unreasonable cost containment criteria,” which means the Corrective Action Plan encompasses parents who were not included in the initial complaint.

Category: Going Local: Virginia (page 14)