Going Local: Virginia

The Things School Division Lawyers Say: Deference to Educators

Should deference be given to educators? Does a degree related to education and/or a certain number of years working within the field of education entitle them to a certain level of respect? Or, should respect be based on their actions, on their record of working within the field of education?

What if those educators are the root of a child not receiving FAPE?

Should respect be paid to the principal with 40 years in education, whose ignorance bred illiteracy within her school? What of the teacher with two years of experience, whose ego won’t let him believe he could possibly be wrong, so he fights everything a parent saysâ€”and liesâ€”just to stay in the right? What of the procedural support liaison who toes the county’s line rather than addressing the student’s needâ€”the one who advised you to “Remember, this is public school,” when she thought it unrealistic for the school to provide the services needed to fully address your student’s unique needs?

Do these “educators” deserve respect? Should deference be given to them?

The Things Hearing Officers Say: Deference to Educators

Too often, “deference to educators” is a trigger phrase among parents of students with special education needs.

While there are educators who are of great worth, parents too often have sat in IEP meeting after IEP meeting, opposing educators whose lack of training, lack of experience, lack of empathy—and sometimes all three—are negatively impacting students. Add to this, educators who make a parent’s opposition personal, to the point they oppose everything a parent states, just to oppose it, with all focus on their egos rather than the needs of the child.

So, what happens when the school division counsel argues for deference to educators as part of his due process hearing final brief? Does deference have to be given to the very educators who have so often been the root of all the problems?

The Things State Local Education Agencies Say: Forms for Filing a State Complaint

This is the first post in a new series, titled “The Things They Say”. It will feature verbatim comments from state education agencies, local education agencies, school lawyers, school staff, school witnesses in due process hearings, and a number of other organizations and individuals.

The goal is to share information that will help other families 1) know how issues in their states and/or school district have been handled and 2) know established patterns of behavior that they might face; and 3) advocate for change.

Each post will be updated as new information is received. For example, this post features an example related to the Virginia Department of Education. The goal is to have something representing every state added to this post.

Negative Impact of VDOE’s Inaccurate Information Continues

The Virginia Department of Education’s (VDOE) failure to provide accurate information to parents continues.

June 3, 2017, VDOE was made aware of bad/broken links in its “Parent’s Guide to Special Education Dispute Resolution” document.

Almost four years later, the bad/broken link in question— https://www.doe.virginia.gov/VDOE/dueproc—is still listed 11 times the parent’s guide.

Independent Educational Evaluation: VDOE Rules FCPS in Noncompliance; Follows OSEP Monitoring Report

Struggling to obtain an Independent Educational Evaluation (IEE) in Virginia?

Below is an example of an IEE-related Letter of Findings, which the Virginia Department of Education (VDOE) issued after it found Fairfax County Public Schools (FCPS) in noncompliance.

VDOE’s Letter of Findings language can be used as guidance as you write your own state complaint in Virginia. If you live in another state, explore if your state has the same regulations as Virginia or if those regulations are in line with IDEA.

8 VAC 20-81-110.B.2

The articles in this series will share Virginia regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.

One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.

§300.323(c)

The articles in this series will share the IDEA 2004 regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.

Fairfax County Public Schools, Sands Anderson, and Blankingship & Keith Breach Privacy During Due Process

Fairfax County Public Schools (FCPS) and two law firms with which it worksâ€”Sands Anderson and Blankingship & Keithâ€”failed to secure personally identifiable information on seven occasions in just a four-month period, between June and October of 2020.

During this period, four due process complaints were filed on behalf of four children. Their parents requested that their children’s full records be provided. They didn’t request unredacted information about other children (or adults). However, that’s what they received.

Category: Going Local: Virginia (page 22)