My hope is that the analysis made by VDOE and how it interpreted and applied different regulations will 1) help other parents as they advocate for their children and 2) help educate the educators who are ignorant of the process.
Virginia Department of Education Allows Noncompliance to Continue
The Virginia Department of Education (VDOE) continues to turn a blind eye toward noncompliance within Virginia school districts and fails to heed the United States Department of Education’s (USDOE) dictum, “Completely ignoring credible allegations of noncompliance is not a reasonable method of exercising the State’s general supervisory responsibilities.”
February 28. 2018, documentation of over 400+ special education violations was provided to the Virginia Department of Education (VDOE). The violations were committed by Fairfax County Public Schools (FCPS) and admitted to in unredacted internal FCPS documents title “Hot Topics”.
Two years later, the United States Department of Education (USDOE) Office of Special Education Programs (OSEP), advised VDOE. “Completely ignoring credible allegations of noncompliance is not a reasonable method of exercising the State’s general supervisory responsibilities.” And yet, the Hot Topics report remains uninvestigated and the noncompliance continues.
Independent Educational Evaluation: VDOE Rules FCPS in Noncompliance; Follows OSEP Monitoring Report
Below is an example of an IEE-related Letter of Findings, which the Virginia Department of Education (VDOE) issued after it found Fairfax County Public Schools (FCPS) in noncompliance.
VDOE’s Letter of Findings language can be used as guidance as you write your own state complaint in Virginia. If you live in another state, explore if your state has the same regulations as Virginia or if those regulations are in line with IDEA.