FCSB Files Motion for Nonsuit After Suing Parents and Failing to Prevail in Court; Judge Signs Order to Nonsuit

FCSB Files Motion for Nonsuit after Suing Parents and Failing to Prevail in Court; Judge Signs Order to Nonsuit

Fairfax County School Board (FCSB) filed a “Motion for Nonsuit” after failing to prevail in its lawsuit against me and another Fairfax County Public Schools (FCPS) parent. December 22, 2021, Judge Richard E. Gardiner signed an “Order to Nonsuit”.

Although the nonsuit removes the suit from the docket—as if it never happened—the suit happened and won’t be forgotten.

Prior restraint is not legal.

Court Transcripts: Fairfax County School Board vs. Tisler, et al.

I continue to be asked if I’d share the court transcripts related to Fairfax County School Board’s (FCSB) lawsuit against me and Debra Tisler.

The transcripts can be found in the article “Update on Fairfax County School Board’s Legal Action Against Parents,” which is a running update of what’s going on with the case.

I’m posting them again here, for easy access.

College Board Fails to Provide “Universal Features” to All Students; Students with Accommodations Suffer

College Board continues to fail students who need accommodations. It does not ensure the provision of its “universal features” to all students, which in turn impacts the students’ test-taking experiences and scores.

“Universal features” are the “common administrative features” shared by College Board tests. These common features are supposed to be provided to all students, which in turn negates the need to ask for one of these “universal features”—such as a quiet testing environment—as an accommodation.

And yet . . . College Board continues its failure to ensure all students who have accommodations receive a testing environment that includes College Board’s “universal features”.

Special Education Action YouTube Channel Launched

Special Education Action YouTube Channel Launched

Last week, Special Education Action launched a YouTube Channel.

The videos feature responses from Freedom of Information Act (FOIA) requests, such as Fairfax County Public Schools’ (FCPS) restraint and seclusion training videos, school web site pages (to preserve in case the pages are deleted), and documents (to preserve in case something happens to the hard copies).

Although the videos posted to date are FCPS focused, the intent is to include videos related to education throughout the United States.

Fairfax County Public Schools Found in Violation of FERPA; Virginia Department of Education Refuses to Find FCPS at Fault for Systemic Noncompliance

November 26, 2021, Fairfax County Public Schools (FCPS) was found in noncompliance of FERPA (Family Educational Rights and Privacy Act) regulations by the Virginia Department of Education (VDOE).

VDOE concluded that that the legal invoices at the core of the investigation, which contain personally identifiable information (PII) about children, “are maintained by the school division, therefore they are education records under FERPA and this matter is within our jurisdiction.” In addition, VDOE rejected the following argument posed by FCPS, thus acknowledging that initials constitute PII:

“Under the definition of PII, information is PII if it is possible to identify a student with reasonable certainty. In this case, students E1 and E2 have a different last name as the parent, and so the disclosure of parent name does not make the students identifiable.”

Although VDOE determined the matter in its jurisdiction and once again found FCPS noncompliance, VDOE refused to place weight on the thousands of students whose privacy FCPS has breached over the past five years, and did not “characterize” FCPS’s noncompliance as systemic.

What is Fairfax County Public Schools Trying to Hide? These 1,316 Pages of Clues Provide Answers

For over a month, Fairfax County School Board’s (FCSB) legal actions prevented me and Debra Tisler from disseminating materials she received in response to a FOIA request she submitted.

This week the censorship shackles came off.

Included in this article are all 1,316 pages that FCSB tried to prevent us from sharing.

Parents and First Amendment Prevail; Judge Rules Against Fairfax County School Board

Today, Debra Tisler and I prevailed in court when Judge Richard E. Gardiner ruled against Fairfax County School Board’s (FCSB) legal actions against us. It was an extraordinary day for Freedom of Speech and First Amendment Rights—and for parents who dare to point out waste and noncompliance.

We had the honor of being represented by Timothy Sandefur of the Goldwater Institute and Ketan Bhirud of Troutman Pepper. It was extraordinary to witness the dedication and passion of these two lawyers.

While FCSB’s lawyers made arguments that the court called “almost frivolous”, Tim and Ketan stood up for Freedom of Speech and First Amendment Rights, and in turn for me and for Debra.

Fairfax County Public Schools Leaked Its Own Legal Invoices

Fairfax County Public Schools (FCPS) leaked almost 1500 pages of its own legal invoices—and again breached the privacy of students, parents, and FCPS staff. The documents vary from being partially redacted to being entirely free of redactions.

In addition to sharing unredacted information about Due Process Hearings and Equity and Employee Relations Complaints (including staff grievances and dismissals), the following is a short list of some of the information within the documents:

Heartbreaking information related to children who died on FCPS’s watch, as well as the names of the children and their parents was included, as was information about FCPS’s restraint and seclusion problems. 

Cyber Hacking Investigation

Blackboard Investigation

Coalition for TJ Lawsuit

Recall of Elaine Tholen