U.S. Department of Education Office for Civil Rights FOIA Responses
Update on Fairfax County School Board’s Legal Action Against Parents
September 2021, Fairfax County School Board took legal action against me and fellow Fairfax County Public Schools parent Debra Tisler after we exercised our First Amendment Rights.
This article provides an update to the timeline I provided in the article “FCPS Threatens Legal Action Against Parents Who Exercised Their First Amendment Rights And Right To FOIA”.
You’ll find more information about FCPS’s history of breaches and failures to stop the breaches, the transcript for the October 22, 2021, hearing, and FCPS’s response to VDOE’s investigation.
FCSB Files Motion for Nonsuit after Suing Parents and Failing to Prevail in Court; Judge Signs Order to Nonsuit
Although the nonsuit removes the suit from the docket—as if it never happened—the suit happened and won’t be forgotten.
Prior restraint is not legal.
Court Transcripts: Fairfax County School Board vs. Tisler, et al.
The transcripts can be found in the article “Update on Fairfax County School Board’s Legal Action Against Parents,” which is a running update of what’s going on with the case.
I’m posting them again here, for easy access.
College Board Fails to Provide “Universal Features” to All Students; Students with Accommodations Suffer
“Universal features” are the “common administrative features” shared by College Board tests. These common features are supposed to be provided to all students, which in turn negates the need to ask for one of these “universal features”—such as a quiet testing environment—as an accommodation.
And yet . . . College Board continues its failure to ensure all students who have accommodations receive a testing environment that includes College Board’s “universal features”.
Fairfax County Public Schools Restraint & Seclusion Policy Training Videos
Although FCPS schools has committed to banning restraint and seclusion practices in all of its schools, “including private schools with whom FCPS contracts, by the start of the 2022-2023 school year,” questions remain about the training being provided to FCPS staff.
Restraint and seclusion videos in this article were created by FCPS and made public in response to a FOIA request.
Special Education Action YouTube Channel Launched
The videos feature responses from Freedom of Information Act (FOIA) requests, such as Fairfax County Public Schools’ (FCPS) restraint and seclusion training videos, school web site pages (to preserve in case the pages are deleted), and documents (to preserve in case something happens to the hard copies).
Although the videos posted to date are FCPS focused, the intent is to include videos related to education throughout the United States.
Clue of the Date: 12.3.21
What is Fairfax County Public Schools trying to hide?
“Attention to email correspondence with C. Rosenberg regarding status of investigation and communications with DOJ.
“Conference call with AUSA Pedersen regarding status and developments.”
Fairfax County Public Schools Found in Violation of FERPA; Virginia Department of Education Refuses to Find FCPS at Fault for Systemic Noncompliance
VDOE concluded that that the legal invoices at the core of the investigation, which contain personally identifiable information (PII) about children, “are maintained by the school division, therefore they are education records under FERPA and this matter is within our jurisdiction.” In addition, VDOE rejected the following argument posed by FCPS, thus acknowledging that initials constitute PII:
“Under the definition of PII, information is PII if it is possible to identify a student with reasonable certainty. In this case, students E1 and E2 have a different last name as the parent, and so the disclosure of parent name does not make the students identifiable.”
Although VDOE determined the matter in its jurisdiction and once again found FCPS noncompliance, VDOE refused to place weight on the thousands of students whose privacy FCPS has breached over the past five years, and did not “characterize” FCPS’s noncompliance as systemic.
What is Fairfax County Public Schools Trying to Hide? These 1,316 Pages of Clues Provide Answers
This week the censorship shackles came off.
Included in this article are all 1,316 pages that FCSB tried to prevent us from sharing.
Parents and First Amendment Prevail; Judge Rules Against Fairfax County School Board
We had the honor of being represented by Timothy Sandefur of the Goldwater Institute and Ketan Bhirud of Troutman Pepper. It was extraordinary to witness the dedication and passion of these two lawyers.
While FCSB’s lawyers made arguments that the court called “almost frivolous”, Tim and Ketan stood up for Freedom of Speech and First Amendment Rights, and in turn for me and for Debra.
Fairfax County Public Schools: Please Explain “Misuse of Bond Proceeds”
A May 13, 2021, Hunton Andrews Kurth invoice notes that attorney SE Haynie ($395 rate) drafted a message “re: misuse of bond proceeds” and later there’s a mention of Haynie corresponding “re: status of NDA review.”
Please join me in asking Fairfax County Public Schools (FCPS) to disclose the “misuse of bond proceeds”.
What bonds?
What proceeds?
What misuse?
Fairfax County Public Schools Leaked Its Own Legal Invoices
Fairfax County Public Schools (FCPS) leaked almost 1500 pages of its own legal invoices—and again breached the privacy of students, parents, and FCPS staff. The documents vary from being partially redacted to being entirely free of redactions.
In addition to sharing unredacted information about Due Process Hearings and Equity and Employee Relations Complaints (including staff grievances and dismissals), the following is a short list of some of the information within the documents:
Heartbreaking information related to children who died on FCPS’s watch, as well as the names of the children and their parents was included, as was information about FCPS’s restraint and seclusion problems.Â
Cyber Hacking Investigation
Blackboard Investigation
Coalition for TJ Lawsuit
Recall of Elaine Tholen