Going Local: Virginia

FCPS Lawyer bcc’d on Student’s Emails; Claims He is a School Official; Says it’s “Appropriate” for Him to Have Access

Earlier this month, Special Education Action reported that Blankingship & Keith lawyer Wesley Allen and/or both Allen and his colleague John Cafferky were bcc’d on about three dozen emails between a teacher and student, as well as on emails between Fairfax County Public Schools (FCPS) staff and the students’ parents, spanning a period of over a year.

In a recent meeting, the parents and their advocate brought the bccing practice to the attention of a due process hearing officer.

The hearing officer, in turn, asked Allen, who was attending the meeting, too:

“What’s your authority Mr. Allen?”

Due Process Diaries, Part II: Subpoenas

In part one of this series, I shared regulations related to filing for a due process hearing—and a bit of what happened after I filed a few years ago. Let’s continue the story.

Before I knew a hearing officer had been assigned, Blankingship & Keith, one of the law firms Fairfax County Public Schools (FCPS) taps into for due process hearings, started in with subpoenas.

I’d never been served—much less seen—a subpoena before those arrived.

With the help of Google and God, I got up to speed on subpoenas.

I learned they are kin to a child in a toy shop. Ask the kid what he or she wants, and the response will be everything in sight—plus the G.I. Joe with the Kung Fu grip (for those “Trading Places” fans).

FCPS Special Education Instruction Overview: Reopening Plans

This post features videos, video chats, and slide shows related to Fairfax County Public Schools elementary schools and middle and high schools special education instruction.

Due Process Diaries, Part I

I filed for Due Process August 26th of this year.

A due process hearing is an experience I could have done without, but I learned a tremendous amountâ€”especially about hearings held via a virtual platform. I learned, too, more than I ever thought I needed to know about the transcripts related to the hearing (more on this later).

In the coming weeks, I’ll share slices of the hearing, from due process filing to final decisionâ€”which in this hearing included privacy breaches, perjury, technical glitches, an ADA complaint, denial of full access to the hearing, and denial of rights guaranteed under both federal and state regulations.

Return to School Virtual IEP Guidance Document

Whether you live in Fairfax County, Virginia, or in a different county or state, view this video.

It’s an opportunity to 1) learn what another school division is doing; 2) identify behind-the-scenes practices that are a) problematic and/or b) not occurring according to the training; and 3) to compare against your own division’s practices to a) bring ideas to them and/or b) ask about problem areas behind-the-scenes in your school division.

This presentation was developed by Fairfax County Public Schools (FCPS).

There are a few stand-out comments to considerâ€”and to contact FCPS (or your school division) about if these items weren’t discussed with you.

Here’s one for now, and then the video and transcript follow:

“The first thing the case manager needs to do is to review the IEP and determine whether or not the goals, accommodations, and services can be delivered in a virtual format.”

If yes, did the case manager actually take an action outside of “review” and “determine”?

Robinson Secondary School Privacy Breach: FCPS Released Names, ID Numbers of Students Receiving Special Education

Fairfax County Public Schools (FCPS) breached the privacy of dozens of students receiving special education.

This time, the breach is related to class of 2023 at Robinson Secondary School.

The list provides full names, student identification numbers, classes, interventions, recommendations, and class teachers and periods for the students.

Fairfax County Public School Lawyer bcc’d on Email between Teacher and Student; Why?

Dear Taxpayers:

Does anyone think it a good use of taxpayer money to bcc Fairfax County Public School (FCPS) lawyers on emails as benign as:

1) an email from a teacher to her student, about an assignment; and

2) an email from an IEP case manager introducing herself to the student’s family?

About three dozen emails, spanning this past year, have been uncovered, with bcc’s to Blankingship & Keith attorneys Wesley Allen and/or John Cafferky.

As of 2018, John Cafferky’s billing rate was $295/hour and Wesley Allen’s was $245/hour.

Do we really need to pay $4-to-$5 a minute for lawyers to read emails, when there are greater needs within the school system?

FCPS Teachers; Pay Inequity in a Time of COVID

Technology has come a long way for students with special education needs. It’s revolutionized the school experience for many of these students.

I can’t thank the assistive technology specialists within the school system enough.

But . . . There’s another group we need to ensure the overall infrastructure is in place and running. In Fairfax County Public Schools, these individuals are often referred to as SBTS (School-Based Technology Specialists).

And this past spring, when teachers and students were sent home, the SBTS worked overtime to clean-up a mess that to-date has not been explained.

Category: Going Local: Virginia (page 24)