Children are our priority. Ensuring their needs are met is our goal.
January 12, 2023, OSEP issued differentiated monitoring support (DMS) reports for both states. In addition to including findings of noncompliance, the reports include required actions and timelines by which those actions must occur.
The case focuses on 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. It is based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS).
Heartache and Lies Instead of FAPE
For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma. His experiences with SPS during those years are heartbreaking.
1) any forms, letters, or documentation that address FCPS advising parents to pick their own recovery services and/or comp ed provider
2) any forms, letters, or documentation that address FCPS advising parents FCPS will reimburse parents for recovery services and/or comp ed.
3) any forms, letters, or documentation that address FCPS capping the service provider payment amount to a certain amount of dollars per hour and/or per service.
I know the above has already been provided to parents. I’m not asking for their educational records.
I know FCPS has internal records and form letters it developed.
I know that responsive records that are not also educational records exist.
This should include but not be limited to any training materials, slides, videos, presentations, too.
November 30, 2022, OCR released its letter of findings in response to its investigation of Fairfax County Public Schools.
December 16, 2022, OCR released its letter of findings in response to its investigation of Southeastern Cooperative Educational Programs, which, like FCPS, is under the Virginia Department of Education.
This follows OCR’s January 12, 2021, announcement that it would investigate FCPS, Los Angeles Unified School District (LAUSD), and Seattle Public Schools.
Virginia Department of Education (VDOE) remains in noncompliance of federal regulations.
September 1, 2022, United States Department of Education issued another a letter to VDOE that addresses VDOE’s continued failures. This letter was not provided to the public, nor were the similarly critical letters USDOE sent on February 8, 2022, and March 16, 2022. All three letters were obtained via Freedom of Information Act (FOIA) requests. Special Education Action received the September 1, 2022, letter yesterday, November 10, 2022.
I’m embarrassed I forgot his words in the years that followed. I know that such forgetfulness is common and can beget ignorance—and that forgetfulness and ignorance combined beget noncompliance and stagnation in regard to special education. Since special education is a topic politicians and journalists—and even some educators—struggle to understand, it is easier to ignore it and/or move to the millions of other issues competing for their time.
That’s not a typo.
Fifty-nine (59) students out of FCPS’s over one hundred eighty thousand (180,000+) students have recovery services in their IEPs.
That’s it. Not 59% or 590, or any other variation one’s mind might jump to after reading the number “59” and thinking it must be a typo.
Nope. It’s real.