U.S. Department of Education Office for Civil Rights FOIA Responses
Virginia Dept. of Education Announces Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP’s
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.
Virginia’s Noncompliance Continues; U.S. Dept. of Education States More Concerns Exist
For each issue cited, OSEP required an action to address the issue—and these actions had 90-day timelines associated with them.
Almost two-and-a-half years later, issues remain, the DMS report has yet to be closed out, and more concerns continue to rise.
Virginia Dept. of Education Announces Investigation of Fairfax County Public Schools, for Allegedly Engaging in Predetermination
The complaint on which the investigation is based alleges FCPS engaged in predetermination, which is a procedural violation of the Individuals with Disabilities in Education Act and implementing Virginia regulations.
What Is Predetermination?
Privacy is a Right, NOT an Accommodation
“Teachers should not intentionally allow other students to know that XXXXXX has an IEP and receives special education services.”
The parent didn’t understand that privacy is a right, not an accommodation, simply because the privacy violations modeled by the teacher pointed in the opposite direction.
Who Attends IEP Meetings and What is an IEP Team?
The IEP case manager for the parent’s child replies with a time and a date, and states that the child’s regular education teacher will not be a part of the IEP team.
The school’s proposed IEP team does not comply with the Individuals with Disabilities Education Act (IDEA).
If the parent agrees to the meeting, he or she will be attending a meeting, but not an IEP meeting with an IEP team as defined by IDEA.
FCPS Releases Final Special Education Audit Report; Bleak Portrait of Broken System Emerges from Report
The report comes as no surprise to parents or educators. It confirms what parents have experienced for decades. Students’ needs are not being addressed pursuant to IDEA, Section 504, and state implementing regulations, teachers are undertrained and under supported, and leadership encourages teachers to be quiet rather than proactive in helping to ensure the needs of students are met.
Virginia State Superintendent Admits Accreditation Standards are Unreliable Measure of School Performance; Number of Failing Students Tripled in Reading, Quadrupled in Math
According to VDOE, “Prior to the pandemic, the number of students statewide who failed an SOL reading test but showed growth — and therefore counted toward their school’s accreditation rating — ranged from 19,000-20,000. With this latest round of accreditation calculations, the number has more than tripled to 61,000.
“Similarly, the number of students who failed a math SOL test before the pandemic but showed growth and counted toward their school’s rating was about 20,000. This year the number has quadrupled to more than 88,000.”
Accommodation Breakdown: The Assignment Notebook (a.k.a. the Most-Changed and Least-Implemented Accommodation)
This is the accommodation that warrants its own evolution chart.
In my experience, it has the dubious honor of being the most-changed, least-followed, and most misunderstood accommodation that I’ve ever seen played out.
Fairfax County Teacher Assaulted Special Education Student; FCPD Seeks Information from Public
This occurred after two teachers walked into their classroom and witnessed McDicken assaulting a student who has special needs.
Sample State Complaint: Noncompliance, Student Records—Confidentiality
VDOE found Fairfax County Public Schools (FCPS) in noncompliance.
VDOE’s Letter of Findings, in which it stated FCPS’s noncompliance is included, following the complaint.
Accommodation Breakdown: Copies of Teacher Notes
“Copies of Teacher Notes”
This is another accommodation I thought to be straightforward.
How could it possibly be interpreted any other way than the teacher providing all teacher notes to the student in advance of the class?
But wait boys and girls, there’s more—always more to an accommodation than any of us expected.