Due Process Transcript, Fauquier County Public Schools, Virginia, Hearing Officer Frank Aschmann

Below you’ll find the hearing officer’s decision and the transcripts for a two-day due process hearing, which Fauquier County Public Schools (FCPS) filed against the parents of a student who was clinically diagnosed with autism spectrum disorder, emotional disability, ADHD, and anxiety, and who at the time of the hearing had an Individualized Education Program (IEP). FCPS filed the due process with the purpose of 1) proving the student isn’t eligible for an IEP and 2) terminating the student’s IEP.

The transcript is published here with permission of the student’s caregiver and the student’s name was redacted in advance of it being published here.

The hearing took place February 27 and 28, 2019.

The hearing officer was Frank Aschmann. The attorney for FCPS was Nicole S. Cheuk of Sands Anderson, PC. The guardian and caregiver represented themselves pro se.

The Virginia Department of Education titled this hearing as 19-037.

Questions for Readers

After you read the transcript and Hearing Officer Aschmann’s decision, please share your comments in the comment section below.

Do you think FCPS fulfilled its burden of proof or do you feel the guardian and caregiver provided the proof needed for them to prevail?

What are your thoughts on Aschmann’s one-sentence conclusion? Would you have ruled the same way or differently? Did the “above” that Aschmann mentioned support his decision? Did he fail to include facts presented during the hearing that you feel should have been considered in his decision?

What do you think of Ms. Massie referring to accommodations as “crutches and supports” that the student needed to be weaned off of because they will reduce his ability to be independent (day 1, page 263)? Are accommodations “crutches and supports” or do they help level the playing field for a student?

What do you think about grades being used to determine the student is succeeding?

Were the student’s functional needs addressed by the hearing officer?

Click on the image below to view the first half of the transcript for the first day of the hearing.

Click on the image below to view the second half of the transcript for the first day of the hearing.

Click on the image below to view the full transcript for the second day of the hearing.

Click on the image below to read Hearing Officer Frank Aschmann’s decision.