New Articles - Special Education Action

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).

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;

UPDATED 12.13.23—Pro Tip: Don’t Believe Everything Fairfax County Public Schools Tells You

This article was published 12.12.23. It was updated 12.13.23 to include the message from Superintendent Michelle Reid, which FCPS posted to its site on 12.12.23.

The one thing that can be said about Fairfax County Public Schools (FCPS) is that it is consistent. When it engages in noncompliance, rather than engaging in immediate transparency and honesty, it crafts messages that lead the public to believe someone else is at fault.

Why am I mentioning this?

Turns out FCPS left out some key information, such as that I have never and will never publish private information about kids—but I will publish information showing FCPS retaliates, is in noncompliance, and intentionally pushes inappropriate programs onto kids.

VDOE and FCPS Failing Streak: Seven Years of Failing to Prevent Inadvertent Disclosure

For at least seven years, Fairfax County Public Schools (FCPS) and Fairfax County School Board (FCSB) have failed to take sufficient precautions to prevent inadvertent disclosure.

For at least five years, FCPS, FCSB, and Virginia Department of Education (VDOE) have failed to stop the inadvertent disclosures, even though VDOE and/or U.S. Department of Education’s (USDOE) Student Privacy Police Office (SPPO) have repeatedly found FCPS at fault for failure to take sufficient precautions to prevent inadvertent disclosure. Not even losing a lawsuit in 2021, during which Fairfax County Circuit Court Judge Richard E. Gardiner pointed out FCSB’s failures, stopped FCPS and FCSB from future failures to take sufficient precautions to prevent inadvertent disclosure.

The irony is, while FCPS and FCSB have spent years failing to prevent inadvertent disclosures, FCPS school officials have spent years intentionally engaging in bad faith activities designed to prevent disclosure of other records from being responsive to FERPA and FOIA requests.

Update 12.3.23—Fairfax County Public Schools Trains Staff to Thwart FERPA Requests: Don’t Put it in Writing

1.9.23: Article first published. 12.3.23: Article updated. Fairfax County Public Schools (FCPS) has a history of training staff to take actions that prevent information being obtained via Freedom of Information Act (FOIA) and Family Educational Rights and Privacy Act (FERPA) requests. Under FERPA, parents have the right to inspect their children’s education records. Under FOIA, parents have the right to access other records unrelated to their children as well as records related to their children, which aren’t considered educational records. However, if there’s nothing in writing, if students names are intentionally changed to initials and/or nicknames, or if staff include lawyers on emails just so they can claim that the records are privileged, neither parents nor students can access them.

Category: New Articles (page 5)