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Letters of findings and resolution agreements released by U.S. Department of Education Office for Civil Rights.
The documents address how these medical conditions “can be disabilities for purposes of Section 504 . . . when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.”
In addition, they provide descriptions of the medical conditions and examples of how the conditions can affect a student’s experience in school.
June 7, 2003, Case No. 11-23-4044:
“Complainant alleged that VDOE discriminated against students with disabilities by failing to provide an audio the accommodation for a Standard of Learning (SOL) reading and writing field test assessment for the 2022-2023 school year.”
June 9, 2003, Case No. 11-23-4004:
“Whether the VDOE’s guidance regarding the provision of special education and related services during the COVID-19 pandemic led school divisions to deny FAPE to students with disabilities.”
In 2022, Office for Civil Rights (OCR) found FCPS at fault for years-long systemic noncompliance, based on some of the very allegations filed in the 2020 systemic complaint.
What happened? How could VDOE make a finding of compliance in 2020, while OCR made a finding of noncompliance in 2022?
The answer: VDOE failed to investigate credible allegations of noncompliance and failed to comply with 300.152(4), which requires it to “review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part”, and FCPS withheld information.
Yet, not even OCR’s findings, or the fact FCPS entered into a resolution agreement with OCR, seem to have what it takes to put even a temporary stop to FCPS’s noncompliance.
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.
Read this article to learn how to file a complaint with OCR.