Going Local: Virginia

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”.

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.

Fairfax County Public Schools Failed to Comply with Federal Regulations; Continued to Deny IEEs

Virginia’s Independent Education Evaluation (IEE) regulations will be changed to align with federal regulations.

Local educations agencies (LEA) are required to follow the federal regulations (even before the state regulation change) or they will be found in noncompliance.

However, seven months passed before Fairfax County Public Schools (FCPS) presented this information to special education lead teachersâ€”even though it was already found in noncompliance for failure to comply with federal regulations.

Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia

For the second time in about a year, a Virginia Hearing Officer ruled that the program “Just Words” is inappropriate for a student with Dyslexia. In both cases, the due process hearing focused on a student attending Fairfax County Public Schools (FCPS), in Virginia.

The law firm Blankingship & Keith represented FCPS in both cases, too. Although the first hearing officer ruled “Just Words” to be inappropriate for a student with Dyslexia, FCPS continued to enroll students with Dyslexia in it, and FCPS and Blankingship & Keith continued forward in the second hearing, arguing “Just Words” to be appropriate for a student with Dyslexia.

Category: Going Local: Virginia (page 21)