U.S. Department of Education Office for Civil Rights FOIA Responses
How to File an Office of Civil Rights Complaint
Read this article to learn how to file a complaint with OCR.
Office of Civil Rights Finds Fairfax County Public Schools in Noncompliance; FCPS Must Provide Compensatory Education to Students
This follows OCR’s January 12, 2021, announcement that it would investigate FCPS, Los Angeles Unified School District (LAUSD), and Seattle Public Schools.
Virginia Dept. of Education’s Noncompliance Continues; Blows Through U.S. Dept. of Education’s 90-Day Compliance Deadlines
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.
Ending the “Soft Bigotry of Low Expectations” and Cyclical Ignorance and Forgetfulness
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.
IEP Teams Must Consider Assistive Technology Devices and Services
34 C.F.R. § 300.324(a)(2)(v) specifically states:
(a) Development of IEP—
(2)Â Consideration of special factors.
The IEP Team must—
(v)Â Consider whether the child needs assistive technology devices and services.
Only 59 Fairfax County Public Schools Students Have Recovery Services in Their IEPs
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.
JLARC Releases Report on COVID’s Impact on Virginia Education; Release Marks JLARC’s Third Critical Education-Related Report in Two Years
The findings aren’t surprising. They paint the portrait of a state that ignored the warning bells (even though it had almost 15 years to prepare for COVID)—and that to this day has failed to implement practices that ensure past mistakes don’t run into the future.
However, the report falls short in regard to data collection and interpretation.
Schools are Required to Provide Access to Education Records Prior to IEP Meetings
This access is key to ensuring parents are able to meaningfully participate during IEP meetings and provide informed consent (or refusal) to a school’s proposal/s.
Access to education records, meaningful participation, and informed consent are three rights afforded to parents under the Individuals with Disabilities Education Act (IDEA).
It’s the Law: Why Does VDOE Allow Vague Language in IEPs?
Thankfully, it isn’t the parent’s job to create IEPs that are written with clear, concise language that ensures provision of a Free Appropriate Public Education (FAPE). That’s the school division’s job.
And yet . . . Vague and broad language persists and the Virginia Department of Education has allowed this.
Nation’s “Report Card” Released, Scores Declined Nationwide
The national average score declines in mathematics for fourth- and eighth-graders were the largest ever recorded in that subject.
In math, there were no improvements in any state or large urban district since the assessment was last given in 2019.
Children Continue to Struggle; Virginia Department of Education’s Samantha Hollins Continues to Allow Noncompliance Statewide
Reading and math scores have declined, according to the “Nation’s Report Card”. which was released today by the U.S. Department of Education’s National Center for Education Statistics.
This comes as no surprise. In Virginia, Samantha Hollins knows Virginia is in noncompliance with the Individuals with Disabilities Education Act, but allows the noncompliance to continue.
According to NAEP, in Virginia, the following percentages of 4th graders are performing at or above “proficient” level in math and reading:
Math:38%
Reading: 32%
These numbers drop for 8th graders.
