U.S. Dept. of Education Office for Civil Rights FOIA Responses - Special Education Action

Office of Civil Rights Finds Fairfax County Public Schools in Noncompliance; FCPS Must Provide Compensatory Education to Students

November 30, 2022, the Office of Civil Rights (OCR) announced Fairfax County Public Schools (FCPS) is at fault for civil rights violations and OCR released the resolution reached following its investigation of FCPS.

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

November 11, 2022: Article first published. November 19, 2022: Article updated to include items 1a, b, c, and d, which are cited on page four of USDOE’s September 1, 2022, letter to VDOE.

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 forgot about President George W. Bush’s focus on ending the “soft bigotry of low expectations” until I read this week’s Washington Post obituary for Michael Gerson, the speechwriter who crafted that phrase. That minimalistic phrase remains powerful, making a point that pierces the assumptions and failures of an entire nation.

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

Pursuant to 34 C.F.R. § 300.324(a)(2)(v), IEP teams must consider assistive technology devices and services when they are developing a child’s IEP.

34 C.F.R. § 300.324(a)(2)(v) specifically states:

(a) Development of IEP—

(2) Consideration of special factors.

The IEP Team must—

(v) Consider whether the child needs assistive technology devices and services.

Only 59 Fairfax County Public Schools Students Have Recovery Services in Their IEPs

There are “59 students with recovery services on their current IEP” in Fairfax County Public Schools.

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

November 7, 2022, Virginia’s Joint Legislative Audit and Review Commission (JLARC) released its report titled Pandemic Impact on Public K–12 Education. The report marks JLARC’s third critical report related to Virginia education in just two years (October 2020, Operations and Performance of the Virginia Department of Education; December 2020, K-12 Special Education in Virginia).

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

Parents have the right to access their child’s education record in advance of 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?

If you’ve read any of “The Language of IEPs and 504s” articles on this site, you know broad and vague language is a problem and it will slip by you from time to time.

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

Reading and math scores plummeted nationwide between 2019 and 2022, according to the “Nation’s Report Card”, released today by the United States Department of Education’s National Center for Education Statistics.

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

“You can choose to look the other way, but you can never say again you did not know.” ~William Wilberforce

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.

Arlington Public Schools Engaged in Same Activity as Fairfax County; VDOE Opened Systemic Complaint Against FCPS

October 18, 2022, VDOE announced a new systemic investigation into Fairfax County Public Schools. Arlington Public Schools engaged in the same activity for which VDOE opened its systemic investigation into FCPS.

Virginia Dept. of Education Announces Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP’s

October 18, 2022, Virginia Department of Education announced a new systemic investigation into Fairfax County Public Schools.

The complaint on which the investigation is based alleges FCPS failed to implement Individualized Education Programs throughout the county, which is a violation of Individuals with Disabilities in Education Act and implementing Virginia regulations.