U.S. Department of Education Office for Civil Rights FOIA Responses

Worried About Hackers? FCPS has Been Breaching Students’ and Staff’s Privacy for Years

For years, Fairfax County Public Schools (FCPS) has been aware of its failures to secure private information.

Hackers breaching its system is another breach in a long line of privacy breaches and failures to secure information.

This evening, news outlets reported that the hackers posted private information about students.

And yet . . .

FCPS has been releasing information about students—without their permission—for years.

Dear FCPS: Universal Screeners WILL NOT Identify Students in Need if the Data is Falsified, Misrepresented, or Misunderstood

“Monies paid out during dispute resolution processes”

This headline appears in an internal FCPS report and precedes the following two entries about two Fairview Elementary School students (Fairfax County Public Schools, Virginia).

For Student One:

“Lack of acceptance of dyslexia by teachers”

For Student Two:

“private dyslexia diagnosis; student parentally placed at ”

Silverbrook ES Principal Advises Staff Member: “No Paper/Email Trail”

Fairfax County Public School (FCPS), VA, Principal Melaney Mackin advised FCPS School Psychologist Michael Borsa not to respond to a parent’s questions via email. She specifically stated:

“I suggest that you do not email your reply to her questions (no paper/email trail)”

This occurred after the parent shared a private evaluation with the school.

The parent went into the meeting thinking she was providing information that would help the school division address her child’s needs, only to learn later that the principal focused on “paper/email” trails and the psychologist had no intention of responding to her.

FCPS Vice Principal Sets IEP Meeting Rules; Full Parental Participation Truncated

August 28, 2020, Daniel Clements, a Fairfax County Public School (FCPS) Assistant Principal at Robinson Secondary School sent a set of IEP meeting rules to the parents of one of the school’s students.

Although parents are considered equal IEP team members, in this case, the “rules” were set without their input and included a threat that the meeting would be shut down if the parents violated the rules.

And yet, some of the rules err on the noncompliance side of state and federal regulations.

“It’s Deja Vu All Over Again”: Yogi Berra Said It; FCPS Parents Are Thinking It; Tech Issues Strike Again

Just when you thought it was safe to start school again . . .

At least one principal in Fairfax County Public Schools (FCPS), VA sent notice Sept. 2, 2020, that FCPS is again running into tech issues.

This Spring, FCPS’ tech failures made national news.

Not only was their online launch a disaster, their online re-launch was a disaster.

And now, just a week before FCPS launches for the 2020-21 school year. . . . Deja Vu.

FCPS IEP Meeting: “Just Words” not Endorsed for Dyslexia, FCPS Dyslexia Training of Teachers Slow, Not “At the Rate that We Need It”

“How are we going to train all these teachers in Fairfax, you know, at the rate that we need it? We need to build that capacity. Some teachers are going to struggle even with Orton Gillingham, because it does require teachers to be very prescriptive and, well diagnostic first and then prescriptive in how they tailor their lessons.”

~Dottie Skrincosky, Fairfax County Dyslexia Resource, Region 5 Point of Contact, Intervention and Accommodation

This is a partial transcript of an IEP meeting that occurred toward the end of the 2019-20 school year.

Months earlier, the parent had stated that the program “Just Words” did not meet the unique needs of her son who was diagnosed with Dyslexia. This is not this parent’s first time at the Fairfax County Public School (FCPS) Dyslexia rodeo. She was joined by two friends who know the rodeo and Dyslexia well, too.

The honesty of Dottie Skrincosky was refreshing, but concerning just the same.

Dear VDOE: Is it Okay for Compliance Specialist to Show Bias Against Parent and Editorialize Complaint Letter of Findings?

“Just love the irony”.

These are the words of a Virginia Department of Education Compliance Specialist. They appear in her edits of a State Complaint Letter of Findings.

State Complaints are supposed to be unbiased and investigated in full, with an “independent determination” provided.

However, when the individuals connected to the complaint exhibit very definite opinions about the investigation, unbiased and “independent determination” might as well be thrown out the window.

VDOE Sets Dangerous Precedent; Guidance Includes Get-Out-of-Providing-“Recovery Services” Loophole

The Virginia Department of Education (VDOE) set a dangerous precedent with the release of its document “VDOE Considerations for COVID Recovery Services for Students with Disabilities”.

The document includes a get-out-of-providing-compensatory education/”recovery services” loophole—and exhibits a questionable interpretation of laws related to students with disabilities.

Yes, Virginia, There Is Dyslexia

DEAR EDITOR: I am 46 years old.
Some educators and lawyers say there is no Dyslexia.
My research makes me say, ‘If you see it in your child it’s so.’
Please tell me the truth; is there Dyslexia?

~Virginia Parent

Virginia, the educators and lawyers are wrong. They have been affected by ignorance. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds.

They see a first grade boy who walks around when it is time to read and assume him to have attention struggles.

They see a ninth grade girl with good grades and assume her to be lazy.

They know not of what they speak, Virginia, for they only believe what they perceive, rather than what is real.

Due Process Hearing Officer: “Just Words” Not a Methodology that Addresses Learning Disabilities Associated with Dyslexia; FCPS Continues to Recommend “Just Words” for Students with Dyslexia

“From the evidence presented at the hearing, I have learned there are several competing methodologies that address learning disabilities associated with dyslexia. But it is clear to this Hearing Officer that JUST WORDS is not one of them”. —Richard M. Alvey, Due Process Hearing Officer

If you have a child in Fairfax County Public Schools (FCPS), Virginia, who has Dyslexia, chances are FCPS has stated the program “Just Words” is appropriate to address your child’s unique needs related to Dyslexia.

Didn’t matter if the child was in 4th grade or 10th grade, FCPS pushed “Just Words” for children with Dyslexia.

Earlier this year, due process hearing officer Richard M. Alvey stated a final decision about “Just Words” that every parent with a child who has Dyslexia should know about—and which should have stopped FCPS’ continuing to recommend the program for children with Dyslexia.

It’s the Law: Mediation

Article Update: July 31, 2020, the United States Department of Education (USDOE) Office of Special Education and Rehabilitative Services (OSEP) released a informal guidance “regarding whether a parent may be required to sign a confidentiality agreement in order to take part in mediation.” This article has been updated to reflect OSEP’s guidance. The document is included at the bottom of this article.

There’s a lot to get fired up about when it comes to special education, but mediations get me hotter than a tin roof during a heat wave.

Why?

Lot’s of places to get snagged if you aren’t careful and/or don’t even know these briar patches exist.

VDOE: School Divisions May Not Charge Students for Computers or Other Devices

Today—after weeks of asking the Virginia Department of Education (VDOE) and Fairfax County Public Schools (FCPS) why FCPS is charging a fee to access education (and receiving no response)—VDOE’s Constituent Services team sent the email stating:

“Guidance just released from VDOE this week states computers and devices now fall squarely within the category of items for which divisions may not charge due to the substantive shift in how core and required instruction is being delivered for this school year.”

Takes a community (and/or a few vocal parents) to point out ignorance to the individuals who should be in the know.