July 13, 2023: Article updated to include additional information Complainant submitted to VDOE; FCPS’s response to Complaint’s state complaint; and the timeline extension letter VDOE issued itself July 10, 2023, one day before VDOE’s Letter of Findings was due. VDOE set September 15, 2023, as the new due date.
September 18, 2023: Article updated to include VDOE’s second timeline extension letter, in which it changed its timeline from September 15 to October 31, 2023, as well as additional evidence provided to FCPS by Complainant.
May 23, 2023, Virginia Department of Education opened another systemic complaint investigation into Fairfax County Public Schools, in response to a complaint filed May 12, 2023.
The complaint alleges FCPS is at fault for systemic failures to provide FAPE, to include but not limited to failure to address the unique academic, behavioral and functional needs of its students; failures to appropriately place students; and failures to provide services to students who elect to enroll in Honors classes.
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In 2023, the story remains the same.
According to OSEP, “The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA.”
This guidance is significant in that it focuses on general supervisory responsibilities. Refusing to address noncompliance outside the typical dispute resolution channels of mediation, state complaints, and/or due process hearings, has long been a problem for states like Virginia, as one example.
In a Letter of Inquiry (LOI) dated June 28, 2023, VDOE initial advised the Page County parent:
“While the email indicates that Parent properly attached a sufficient state complaint, the Commonwealth of Virginia no longer partners with Google and cannot access/open any Google documents. Please resubmit the complaint to our office using another format such as OneDrive, which is supported by Microsoft Office. . . . This office cannot move forward to investigate Parent’s concerns until the above-noted deficiencies are addressed. If appropriate, the complaint may be resubmitted to this office for action. All resubmitted complaints will be treated as new complaints and are subject to review.”
State complaints have a one-year statute of limitations. According to the parent, having to refile would put his complaint outside the one-year timeline, which means it would be denied as time barred upon resubmission—just because VDOE refused to access Google Drive.
Jugnu Agrawal, program manager of FCPS’s special education curriculum, and one of the FCPS “experts” who testified in front of HO Mitchell, said Lindamood Bell isn’t appropriate because, “if you go and look at the pictures on their website and everything, it is specifically for elementary.”