U.S. Department of Education Office for Civil Rights FOIA Responses
Due Process Diaries, Part I
I filed for Due Process August 26th of this year.
A due process hearing is an experience I could have done without, but I learned a tremendous amount—especially about hearings held via a virtual platform. I learned, too, more than I ever thought I needed to know about the transcripts related to the hearing (more on this later).
In the coming weeks, I’ll share slices of the hearing, from due process filing to final decision—which in this hearing included privacy breaches, perjury, technical glitches, an ADA complaint, denial of full access to the hearing, and denial of rights guaranteed under both federal and state regulations.
Return to School Virtual IEP Guidance Document
Whether you live in Fairfax County, Virginia, or in a different county or state, view this video.
It’s an opportunity to 1) learn what another school division is doing; 2) identify behind-the-scenes practices that are a) problematic and/or b) not occurring according to the training; and 3) to compare against your own division’s practices to a) bring ideas to them and/or b) ask about problem areas behind-the-scenes in your school division.
This presentation was developed by Fairfax County Public Schools (FCPS).
There are a few stand-out comments to consider—and to contact FCPS (or your school division) about if these items weren’t discussed with you.
Here’s one for now, and then the video and transcript follow:
“The first thing the case manager needs to do is to review the IEP and determine whether or not the goals, accommodations, and services can be delivered in a virtual format.”
If yes, did the case manager actually take an action outside of “review” and “determine”?
Robinson Secondary School Privacy Breach: FCPS Released Names, ID Numbers of Students Receiving Special Education
This time, the breach is related to class of 2023 at Robinson Secondary School.
The list provides full names, student identification numbers, classes, interventions, recommendations, and class teachers and periods for the students.
Fairfax County Public School Lawyer bcc’d on Email between Teacher and Student; Why?
Does anyone think it a good use of taxpayer money to bcc Fairfax County Public School (FCPS) lawyers on emails as benign as:
1) an email from a teacher to her student, about an assignment; and
2) an email from an IEP case manager introducing herself to the student’s family?
About three dozen emails, spanning this past year, have been uncovered, with bcc’s to Blankingship & Keith attorneys Wesley Allen and/or John Cafferky.
As of 2018, John Cafferky’s billing rate was $295/hour and Wesley Allen’s was $245/hour.
Do we really need to pay $4-to-$5 a minute for lawyers to read emails, when there are greater needs within the school system?
FCPS Teachers; Pay Inequity in a Time of COVID
I can’t thank the assistive technology specialists within the school system enough.
But . . . There’s another group we need to ensure the overall infrastructure is in place and running. In Fairfax County Public Schools, these individuals are often referred to as SBTS (School-Based Technology Specialists).
And this past spring, when teachers and students were sent home, the SBTS worked overtime to clean-up a mess that to-date has not been explained.
More Words on “Just Words”; When the Student has Dyslexia and the School Chooses a Program that the Publisher of the Program Doesn’t Endorse for Dyslexia
Wilson, the publisher of the program “Just Words” has stated that the program is not for children with Dyslexia, and yet Fairfax County Public Schools (FCPS) in Virginia (and other school divisions) continues to recommend the program for students who have Dyslexia.
In two previous articles, I shared the article, “When It’s Not Dyslexia”, which appears in Wilson’s “Decoder” Newsletter; a partial IEP transcript, in which a FCPS Dyslexia Resource acknowledges that Wilson does not endorse “Just Words” for students with Dyslexia, and the final decision of a Due Process hearing, in which the hearing officer wrote:
” 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.”
If this isn’t enough to convince your school division that “Just Words” isn’t appropriate for your student with Dyslexia, there’s the following, straight from Wilson Reading System Instructor Manual, Steps 1-6.
Language Live, Part Deux; When the Data Collected Doesn’t Belong on IEPs
“I wouldn’t count that”.
~Alicia Kuehn, Curriculum Resource Teacher
Region 1 Point of Contact
Office of Special Education Instruction
Fairfax County Public Schools
This quote refers to data Fairfax County Public Schools (FCPS) included in IEP Progress reports and in an IEP being developed for the coming year.
Not good.
I share it, and the story behind it (as with the article “If Your Child was Administered the Program Language Live, this Article is for You”), with hope that it will inform other families about data being culled from the program Language Live.
What’s on the IEP PLOP Page—and What Should Actually Be on the IEP PLOP Page?
“The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes—
(I) a statement of the child’s present levels of academic achievement and functional performance, including . . .”
It doesn’t state that it should include present levels from a year ago or two years ago. It states present levels—as in, where is the student NOW.
And yet . . . There are IEPs that don’t have baseline data at the start of each year to measure progress. They are void of PRESENT levels.
If you happen to have a child in Fairfax County Public Schools (FCPS), there is an IEP page that is actually titled, “Information Related to Present Level of Educational Performance”.
The Virginia Department of Education (VDOE) has called out FCPS on its use of the page.
How to Choose a Reading Program that Addresses the Needs of a Student? Clue: Take “Convenience” and “Trust in Colleagues” Off Your List
And let’s imagine that the school division denied that child an evaluation three times between first and sixth grades.
And let’s imagine, too, that the child finally received an IEP and that you went to mediation and that the school division enrolled your child in a year-long reading elective during 7th grade and provided tutoring twice a week, one hour each time, after school, for a chunk of the school year.
And, last—but not least—let’s imagine that you uncovered problems with the implementation of that program
And, let’s imagine that after all this, the school has another program for your child.
What would you do?
The Special-Education-Cholera-Outbreak-John-Snow Connection
With a little imagination, so much can be achieved with a low-cost, high-touch approach.
Do you know Dr. John Snow?
In 1854, a London cholera outbreak erupted, killing over 600 people in just over a week.
It had to be stopped.
But how? (And what does this have to do with special education?)
Dear Silverbrook ES: A Public List of Students Who Take Medicine is Not a Good Idea
Silverbrook Elementary School (SES), in Fairfax Station, Virginia, has a history of sharing personally identifiable information about students, which is a violation of the Family Educational Rights and Privacy Act (FERPA).
On at least two occasions, since 2015, Fairfax County Public Schools (FCPS) has provided SES “FERPA/confidentiality training”.
Looks like SES needs more.
FCPS Disabled SEA-STARS’ Function that Tracks Login Information, Record Access, and Changes to Student Data
Fairfax County Public Schools (FCPS) did just that.
If you have a child who receives special education via (FCPS), you’re likely familiar with “SEA-STARS”, which is the program FCPS is always logging into to access your students’ information.
What you might not know, is that 10 years ago, FCPS disabled the function that tracks login information, record access, and changes to student data.