U.S. Department of Education Office for Civil Rights FOIA Responses
If Your Child was Administered the Program Language Live, this Article is for You
Language Live is a program that school divisions license from the company Voyager Sopris. FCPS uses Language Live as a tier 3 “comprehensive specialized reading program” for students with Dyslexia.
After students were administered the program, starting at Level 2, Unit 7, the publisher advised FCPS, “After we got some initial feedback and data from past implementations, it became clear that if students needed Level 2, they needed all of it. Those students who would have placed in the second part of the level really didn’t need an intervention like LL.”
Students became data points instead of having their unique needs appropriately addressed.
The Best Teachers Lead with Aloha
One of his guests was Jan Iwase, retired educator and author of “Leading with Aloha: From the Pineapple Fields to the Principal’s Office”.
I was struck and inspired by Jan’s comments about “leading with Aloha”—and I learned that Aloha is so much more than hello or goodbye.
The “Spirit of Aloha” is so powerful that it was written into the laws of Hawaii.
FOIA Release: FCPS’ Jane Strong and VDOE’s Samantha Hollins; E-Mails, May 5 and May 13, 2020
They are between Jane Strong, director of Fairfax County Public Schools’ (FCPS) Office of Special Education Procedural Support, and Samantha Hollins, assistant superintendent of the Virginia Department of Education’s (VDOE) Department of Special Education and Student Services.
Jane explores using waivers to graduate students who weren’t expected to graduate.
COVID 19 and FAPE
Let’s start with the United States Departments of Education and IDEA.
§ 300.17 of IDEA states: “Free appropriate public education or FAPE means special education and related services that—(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324.”
Sections §§300.320 through 300.324 specifically address meeting the needs of the child, not the needs of the school.
COVID-19 did not change the needs of the child. It changed the location at which those needs are addressed.
Crisis Management Messaging: Gov. Cuomo’s, Gov. Northam’s, VDOE’s, and FCPS’ Staff on “Distance Learning”
“Sorry this got to you and James”.
—Scott Brabrand, FCPS Superintendent.
4.21.20, Fairfax County Public School (FCPS) Superintendent Scott Brabrand emailed this apology to Donald R. Fairheart, Deputy Superintendent and Chief of Staff, Division of School Quality, Instruction, and Performance, VDOE. James is James Lane, Superintendent of the Virginia Department of Education.
His “sorry” followed an email from Alexander Cochran, Special Counsel to the Governor for Federal Affairs, Office of Governor Cuomo, to Stacey Brayboy, Director of the Virginia Office of Intergovernmental Affairs, warning about FCPS’ failures to launch.
FCPS: “We’re Not Using the IEP During Covid-19 . . . Students May Not Be Found Eligible”
“. . . we’re not using the IEP during COVID-19â€. —Andrew Guillen, manager due process and special education services
This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training†FCPS provided to staff — and just one of many that are cause for concern.
The presentation indicates: 1) FPCS did not have IEPs or TLPs in place when their online campus for distance learning launched April 14th. Instead, the day before, staff members were being advised on TLPs.
FOIA Release: FCPS “TLP Procedural and Instructional Guidance Training” (4.13.20)
4.13.20: Video Slideshow accompanying “TLP Procedural and Instructional Guidance Training” presented by Dawn Schaefer, coordinator for due process and eligibility; Andrew Guillen, manager due process and special education services; Kellie Cochran, coordinator for special ed related services.
Obtained via FOIA request.
Transcript provided by Special Education Action.
FCPS Makes Case Against Providing Comp Ed, FAPE, and PWNs
FCPS’s response to the complaint makes a case AGAINST providing compensatory education in response to the cessation of in-person instruction during the 2019-20 school year, based on an argument that schools weren’t open and FCPS isn’t responsible for closed and/or partial days.
“Big 8” Letter Requests Special Education Waivers; Children Put Behind 8 Ball
Instead of requesting more supports to ensure provision of FAPE for students and to help teachers, the letter states, “Our goal is to reduce the administrative burden on special education staff . . . ”
“Hot Topics”
When I opened the file, I noticed tracked changes on the document. I clicked them and everything Fairfax County Public Schools (FCPS) incorrectly redacted popped up, to include names of students, their lawyers, monies paid, and so on.
The document including concerning information, to include FCPS acknowledging some of the very issues that I and other parents have complained about for year, such as failure to identify special education students, failure to implement programs related to Dyslexia with fidelity, and privacy violations.
Virginia Regulation Restricts Parent’s IEE Rights
However, Fairfax County Public Schools has done all of the above.
U.S. Dept. of Ed Investigates Virginia Dept. of Ed
Problems identified by OSEP relate to complaints and due process, mediation, independent education evaluations, and overall monitoring failures.
It is curious that just two days later, OSEP released its “2020 Determination Letters on State Implementation of IDEA”, which lists Virginia as “Meets Requirements”.
How is it possible for VDOE to receive this rating?