For over a year, Fairfax County Public Schools (FCPS) has refused to fully implement consented to portions of Individualized Education Plans (IEPs) — and treated the implementation of IEPs on a first-come, first-served basis.
That stops now.
IEP Teams Must Consider Assistive Technology Devices and Services Every Time a Student’s IEP is Developed, Reviewed, or Revised
Assistive technology (AT) devices and services must be considered every time a student’s IEP is developed, reviewed, or revised.
U.S. Department of Education (USDOE) clears up misconceptions about this requirement in its new guidance document “Myths and Facts Surrounding Assistive Technology Devices and Services” and the “Dear Colleague” letter accompanying it.
Office for Civil Rights Addresses Asthma, Diabetes, Food Allergies, and GERD; Issues Guidance on Medical Conditions Triggering Protections Under Section 504
February 20, 2024, Office for Civil Rights (OCR) released individual guidance documents on asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD).
The documents address how these medical conditions “can be disabilities for purposes of Section 504 . . . when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.”
In addition, they provide descriptions of the medical conditions and examples of how the conditions can affect a student’s experience in school.
U.S. Dept. of Education Issues Assistive Technology Guidance; Dispels Myths and Underscores Importance of Reducing Barriers to Education
U.S. Department of Education’s (USDOE) new guidance documents debunk myths about the provision of assistive technology (AT) services and devices to students and underscores the importance of reducing barriers to education.
Released January 22, 2024, “Myths and Facts Surrounding Assistive Technology Devices and Services” and the “Dear Colleague” letter accompanying it provide long-needed guidance addressing the important role technology plays in ensuring all learners are afforded “meaningful access and engagement in education”.
U.S. Department of Justice Finds Lincoln Public Schools Discriminates Against Deaf and Hard of Hearing Students
February 14, 2024, the U.S. Department of Justice (DOJ) announced that “Lincoln Public Schools (LPS) in Lincoln, Nebraska, violated the Americans with Disabilities Act (ADA) by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools.”
U.S. Dept. of Education Addresses IDEA Noncompliance in Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas
United States Department of Education (USDOE) Office of Special Education Programs (OSEP) issued differentiated monitoring support (DMS) reports and/or letters for Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas, addressing findings of noncompliance with Part B and/or Part C of Individuals with Disabilities Education Act (IDEA).Â
OSEP monitors all IDEA Part C and B programs through its DMS system and “differentiates its approach for each state based on the state’s unique strengths, progress, challenges, and needs.” This cyclical monitoring process focuses on states’ general supervision systems. OSEP will continue to provide support and technical assistance that is differentiated based on each state’s needs.
Culture of Cover-Up Continues in FCPS; Superintendent Admits Systemic Problem, Staff Testify Otherwise to VDOE
The more things change, the more things stay the same in Fairfax County Public Schools (FCPS).
Within two hours of Superintendent Michelle Reid taking the extraordinary step of breaking with FCPS’ tradition of covering up noncompliance, her staff continued along the old, traditional path.
Breaking with FCPS Tradition, Superintendent Michelle Reid Chooses Systemic Change Instead of Staying the Course
Superintendent Michelle Reid just did what no FCPS superintendent or school board member has ever done (at least not to my knowledge).
1. Admitted FCPS is at fault for systemic FERPA noncompliance (maintenance of, access to, and security of student educational records) and is owning the systemic noncompliance;
2. Hired an independent law firm to do an investigation, committed to sharing the findings of the investigation, saw that the investigation was completed in what to my knowledge is record time for FCPS; and today shared a summary of the findings;
3. Committed to fully addressing the noncompliance and implementing the changes recommended as a part of the investigation findings;