U.S. Dept. of Education Office for Civil Rights FOIA Responses - Special Education Action

Compensatory Education, Part II: Beware of Timelines

During what time period will compensatory education be provided? One year? Five weeks? Three months? Until all of it is provided?

When compensatory education is proposed, you might face a school district that wants to provide it within a set period of time. Consider, instead, asking that it be provided until each minute owed has been provided in full.

Why?

Where to Find It: Where the Information is Hiding

Years ago I had the honor of working with LTG Samuel Vaughan Wilson, who was the youngest of Merrill’s Marauders. After WWII, his career led him toward the intelligence arena, which later led him to making the observation that obtaining information is less about being James Bond and more about being Sherlock Holmes. The stories he shared were of Truth being out in the open, staring us in the face. (I wrote a bit on this in 2021, in the article “Less James Bond and More Sherlock Holmes”.)

This article will share some of my go-to places to obtain information. I’ll start with a few today and gradually update the list.

Compensatory Education, Part I: What is Compensatory Education?

The United States Department of Education defines compensatory services as services that “are required to remedy any educational or other deficits that result from the student with a disability not receiving the evaluations or services to which they were entitled.” This could include a school’s failure to provide appropriate and/or timely initial evaluations, re-evaluations, and/or services.

In its fact sheet, titled “Providing Students with Disabilities Free Appropriate Public Education During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504,” USDOE Office for Civil Rights ( cited 34 C.F.R. § 104.6(a) and Barnes v. Gorman, 536 U.S. 181, 189 (2002) in support of the above definition.

FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part VI

This is part VI in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part V is FCPS’s failure to provide the related service of transportation.

The Problem with Compensatory Education? Too Often, Comp Ed Steals Music, Sports, Auto Tech, and Everything that Brings Happiness

Students who have disabilities are known to struggle with depression. By removing the joy from their lives because the school is required to provide compensatory education, one harm is traded for another. The student is provided instruction he is owed, but is denied happiness he needs.

When schools fail children, they end up having to provide compensatory education in return. In theory, it sounds great. The school district will make up for its errors, the student will receive help, all will be good. . . .

However, the reality is much different.

FOIA Release: Fairfax County Public Schools “Determining Compensatory Education Training Development” Training Videos and Materials Required by Office for Civil Rights

February 10, 2023: Article first published. February 22, 2023: Article updated to include second training video and transcript (see below). *At about the 20-minute mark of the second video below, Dawn Schaefer mentions that one of the points of contact within FCPS is the ombudsman’s office. Not long ago, Kathy Murphy was announced as FCPS’s new “ombuds”. Previously, Kathy was FCPS’s Section 504 expert, in the same office as Dawn and Dawn’s predecessor Jane Strong. Kathy’s name is all over records FCPS provided to OCR for its investigation and seems to have been FCPS’s contact with OCR. In addition, after OCR made its investigation public, Kathy filed a FOIA request with the U.S. Dept. of Education to obtain, among other thing, information on any parents who might have submitted OCR complaints. Jane left the county, Dawn stepped into Jane’s job, and then Kathy disappeared as the 504 Plan expert, only to reappear later as the ombuds.

Office for Civil Rights found Fairfax County Public Schools in massive noncompliance for denial of FAPE during April 2020 through June 2022.
Following its investigation, OCR entered into a resolution agreement with FCPS. As part of the agreement, FCPS is required to meet with families of the 28,000+ students who were enrolled in FCPS during the time period investigated, to determine compensatory education.

In this article, you’ll be able to access some of the training materials and one of the training videos FCPS provided to staff.

FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part V

This is part V in a series about Fairfax County Public Schools ignoring Office for Civil Rights’ November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part V is FCPS’s practice of equating provision of a computer with provision of a Free Appropriate Public Education—and then denying compensatory education.

What are Related Services?

This is important.

Pay attention, because you might live in an area that doesn’t proactively propose related services in compliance with IDEA, Section 504, and/or implementing state regulations. Too often, my experience has been that if you don’t know to ask, they won’t be proposed.

Related services are supports required to assist a child with a disability to benefit from special education. This could be transportation to tutoring sessions, work with a speech therapist, assistive technology training for the parent and student, training parents to use sign language, providing special training to teachers working with students, and much more.

U.S. Dept. of Education Finds Montana in Noncompliance with IDEA

“OSEP staff noted a discrepancy between the high levels of compliance reported by the State in its SPP/APR and actual implementation.”

~United States Department of Education Office of Special Education Programs

United States Department of Education Office of Special Education Programs has found the state of Montana in noncompliance with Individuals with Disabilities Education Act.

FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part IV

This is part IV in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part IV is FCPS’s refusal to provide access to educational records, specifically “information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs.”

Excel Did It; Teacher Attributes Curious Information in Comp Ed Tracking Spread Sheet to Auto-Population

September 17, 2020: Article first published. February 20, 2023, article updated to include the introduction below in italics.

November 30, 2022, Office for Civil Rights (OCR) publicly released its letter of findings about, and resolution agreement with, Fairfax County Public Schools (FCPS). One OCR finding focused on FCPS’s failure to track the provision of “recovery services” during the “COVID period” (April 2020–June 2022) investigated by OCR. We’d be splitting hairs if we tried to determine enormous differences between “recovery” and “compensatory” services, so for the purposes of this introduction, I’m lumping them together since there was no credible or reliable tracking system for either prior to COVID. OCR just took its time nailing FCPS for this issue.

OCR cited the following appalling anecdote about recovery services tracking in its 2022 findings:

“She also urged teachers “to be just really careful when” recording those services on students’ IEPs. As she went on to explain, after running “a SEA-STARS report,” the Division had found that for “60% of the students who ha recovery services on the services grid of their IEP, it was just a clerical error.”

What follows in this article provides an appalling example related to compensatory services tracking failures. In addition, it provides more proof that the problems for which OCR found FCPS in noncompliance had been years in the making. They weren’t unique to COVID.

FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part III

This is part III in a series about Fairfax County Public Schools ignoring Office for Civil Rights’ November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR.

The focus of part III is FCPS’s refusal to convene teams of knowledgeable committee members, its refusal to use and document data in compliance with IDEA and Section 504, and its refusal to ensure individuals with credentials to interpret data are in attendance at IEP or 504 Plan meetings.