call to action

Advocacy Alert: FCPS Won’t Implement Corrective Actions Required in U.S. Dept of Ed Monitoring Report

6.23.20: The U.S. Department of Education’s Office of Special Education Programs (OSEP) issued a Differentiated Monitoring Report about Virginia.

For each issue cited, there is an action required by the U.S. DOE—and these actions have 90-day timelines associated with them.

However, just because there’s a 90 day timeline, doesn’t mean the noncompliance can continue during that period.

Today, Matthew Schneer from OSEP stated, “any actions or activities by VDOE or its LEAs that are not consistent with IDEA in the interim period will be considered noncompliance and subject to the requirements in 34 C.F.R. § 300.600(e).”

FCPS Charges Students Fee to Access Education

7.21.20: Fairfax County Public Schools (FCPS) Superintendent Scott Brabrand announced:

“Today, the Fairfax County School Board supported my revised recommendation that we begin the 2020-21 school year with virtual learning for all students. The online school year will begin, as scheduled, September 8.”

In making this decision, FCPS changed the education point of access from school buildings to computers.

8.5.20: FCPS parents started receiving emails stating there is a maintenance fee for the computers being provided via the FCPSOn program.

By charging a fee related to computers it’s charging kids to access their education.

If Your Child was Administered the Program Language Live, this Article is for You

This article applies to all the parents of all the students nationwide who were given the program Language Live, even though the examples below pull from Fairfax County Public Schools (FCPS) in Virginia.

Language Live is a program that school divisions license from the company Voyager Sopris. FCPS uses Language Live as a tier 3 “comprehensive specialized reading program” for students with Dyslexia.

After students were administered the program, starting at Level 2, Unit 7, the publisher advised FCPS, “After we got some initial feedback and data from past implementations, it became clear that if students needed Level 2, they needed all of it. Those students who would have placed in the second part of the level really didn’t need an intervention like LL.”

Students became data points instead of having their unique needs appropriately addressed.

Freedom of Information Act

FOIA Release: FCPS’ Jane Strong and VDOE’s Samantha Hollins; E-Mails, May 5 and May 13, 2020

These May 5 and May 13, 2020 e-mails were obtained via a Freedom of Information Act (FOIA) request.

They are between Jane Strong, director of Fairfax County Public Schools’ (FCPS) Office of Special Education Procedural Support, and Samantha Hollins, assistant superintendent of the Virginia Department of Education’s (VDOE) Department of Special Education and Student Services.

Jane explores using waivers to graduate students who weren’t expected to graduate.

We are working on it

Crisis Management Messaging: Gov. Cuomo’s, Gov. Northam’s, VDOE’s, and FCPS’ Staff on “Distance Learning”

“Sorry this got to you and James”.
—Scott Brabrand, FCPS Superintendent.

4.21.20, Fairfax County Public School (FCPS) Superintendent Scott Brabrand emailed this apology to Donald R. Fairheart, Deputy Superintendent and Chief of Staff, Division of School Quality, Instruction, and Performance, VDOE. James is James Lane, Superintendent of the Virginia Department of Education.

His “sorry” followed an email from Alexander Cochran, Special Counsel to the Governor for Federal Affairs, Office of Governor Cuomo, to Stacey Brayboy, Director of the Virginia Office of Intergovernmental Affairs, warning about FCPS’ failures to launch.

FCPS: “We’re Not Using the IEP During Covid-19 . . . Students May Not Be Found Eligible”

“. . . we’re not using the IEP during COVID-19â€. —Andrew Guillen, manager due process and special education services

This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training†FCPS provided to staff — and just one of many that are cause for concern.

The presentation indicates: 1) FPCS did not have IEPs or TLPs in place when their online campus for distance learning launched April 14th. Instead, the day before, staff members were being advised on TLPs.

Freedom of Information Act

FOIA Release: FCPS “TLP Procedural and Instructional Guidance Training” (4.13.20)

4.13.20: Video Slideshow accompanying “TLP Procedural and Instructional Guidance Training” presented by Dawn Schaefer, coordinator for due process and eligibility; Andrew Guillen, manager due process and special education services; Kellie Cochran, coordinator for special ed related services.

Obtained via FOIA request.

Transcript provided by Special Education Action.

FCPS Makes Case Against Providing Comp Ed, FAPE, and PWNs

Virginia Department of Education (VDOE) issued a Notice of Complaint (NOC) in response to a systemic complaint filed on behalf of six Fairfax County Public School (FCPS) students.

FCPS’s response to the complaint makes a case AGAINST providing compensatory education in response to the cessation of in-person instruction during the 2019-20 school year, based on an argument that schools weren’t open and FCPS isn’t responsible for closed and/or partial days.