New Articles - Special Education Action

How to File a Privacy Violation Complaint

Imagine your school or someone in the school division violates the privacy of your child.

Can you file a complaint? If yes, how? Parents and/or students who believe a student’s privacy has been violated under the Family Educational Rights and Privacy Act (FERPA), have a right to file a complaint. FERPA applies to all students. However, students who have IEPs have additional protection under Individuals with Disabilities Education Act (IDEA). Let’s explore both below.

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.

Updated 11.21.23—FOIA: Virginia Department of Education State Complaint Tracking Logs, 2014-2023

November 8, 2023, I included a request for volunteers in the article below. I’d like to thank the volunteer who helped pull together the data provided by VDOE, for 2014-15, 2015-16, 2016-17, and 2017-18.
The link to the spreadsheets pulled together by the volunteer is being added here, with the understanding that the data needs doublechecking, as well as more slicing and dicing to identify trends. Help still is needed. If you’re interested in helping, please let me know.
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September 2023, Council of Parent Attorneys and Advocates (COPAA) released a report of its in-depth look at state complaints. Its findings aren’t surprising. Parents who believe their local education agency (LEA) to be in noncompliance with Individuals with Disabilities Education Act (IDEA), can seek remedies under IDEA’s dispute resolution processes. However, those processes—such as filing state complaints—are stacked against parents. VDOE’s state complaint tracking logs provide a portrait of a state heavy on dismissals and findings in favor of LEAs.

UPDATED 11.20.23—VDOE FOIA Response: Independent Evaluations of Virginia Department of Education’s Special Education Program

*Thank you to the three parents who submitted FOIA requests for this information and shared it with Special Education Action. 10.8.23: Article first published.
11.20.23: Article updated to include original report submitted by Dr. Robert Pasternack to Dr. Lisa Coons, as well as emails between Robert and Lisa regarding the first final report, and invoices related to both reports. Virginia Department of Education (VDOE) released two independent evaluations of its special education program. The evaluations were done by Dr. Robert Pasternack, Sam Howarth, and Nathan Levenson at the request of Superintendent of Public Instruction Dr. Lisa Coons. The findings aren’t a surprise. In Virginia, educators and families are two ends of the same burning match—and VDOE fuels the fire. Rather than being the “North Star” guiding educators and bridging the gap between families and educators, VDOE’s actions and inactions continue to increase the divide.

UPDATED 11.20.23—FERPA Violation Report Card: Fairfax County Public Schools

This article was updated November 20, 2023, to include more FERPA violations. FCPS has been breaching the privacy of staff and students for years. This article details FCPS FERPA violations between 2017 and 2023. It includes breaches FCPS inadvertently provided to me, breaches related to my own family (and about which I filed state complaints), breaches other FCPS families shared with me, as well as the ransomware attack of FCPS that occurred in 2020.

FCPS Knew Reading Program Wasn’t Intensive Enough for Students Who Have Dyslexia, Proposed it Anyway

Fairfax County Public Schools (FCPS) knew that a program it proposed for years division wide, for students who have Dyslexia, is not intensive enough for students who have Dyslexia. Yet, even though parent after parent expressed concerns about their students not progressing and/or about the appropriateness of the program—and at least two went so far as to file for due process—FCPS continued to propose it. September 1, 2020, FCPS’ long-time lawyer John Cafferky emailed the following to FCPS staff, regarding an upcoming due process hearing for a student who has Dyslexia:

Updated 11.1.23—16 Years of Independent Educational Evaluation Noncompliance: Virginia Department of Education Fails Students and to Perform Its General Supervisory Duties

11.1.23: Article updated to include FCPS staff’s internal emails about how they made a decision to deny payment of an IEE in full at public expense. (See Lowballing Rates section below.) For at least sixteen years, Virginia Department of Education (VDOE) and Fairfax County Public Schools (FCPS) failed to ensure compliance with Individuals with Disabilities Education Act (IDEA) and implementing Virginia regulations.

In 2007, FCPS refused to fund Independent Educational Evaluations (IEE) at public expense and refused to file due process to defend its refusals to fully fund IEEs at public expense. An FCPS parent filed a state complaint and, in 2008, VDOE found FCPS at fault for failure to comply with IDEA and implementing Virginia regulations regarding IEEs.

During the 16 years that followed the 2007 complaint filing, the same noncompliance continued in FCPS and other Virginia local education agencies (LEAs).

Category: New Articles (page 5)