FOIA Response: Records FCPS Provided to Office of Civil Rights for OCR’s COVID Investigation

January 2021, the United States Department of Education (USDOE) Office of Civil Rights (OCR) launched an investigation into Fairfax County Public Schools (FCPS), for civil rights violations related to the COVID pandemic.

A FOIA request was made for all of the records FCPS provided to OCR for the investigation. In response to the request, FCPS refused to provide the records within the mandated timeline, filed a lawsuit related to the request, and to date has refused to respond to subsequent requests for records and to questions about records responsive to the request.

Over a period of about a month, and broken into five productions, FCPS provided the records below.

Due to the number of records—and FCPS’s delays—the records haven’t been cataloged in full. In the coming weeks, more records, and more details about the records, will be added to this article. (Click on the page numbers listed below to access the records.)

Production 1

  • Pages 40-135:
    • “Attachment 7: COVID-19 resources and guidance for 504 school based coordinators (SBC)”
  • Page 136:
    • “Attachment 8: Resources for FCPS Parents”
  • Page 137:
    • “Attachment 9: Messages from Superintendent to Parents/Caregivers (community) re: Return to School Plans and Student Support”
  • Pages 138-155:
    • “Attachment 10: School Board Meeting agendas, minutes, reports and recordings”
  • Pages 156-1741 (see links below):
    • “Attachment 11: Principals’ Briefings that include phase-in planning for in-person instruction”
  • Pages 1742-2009:
    • “Attachment 12: Principals’ Briefings that include information regarding Recovery Services”

Production 2

  • Pages 1-20:
    • “Secondary Principal Briefing, March 25, 2021”
  • Pages 21-53:
    • “Secondary Principal Briefing, April 15, 2021”
  • Pages 54-121:
    • “Secondary Principal Briefing: Phase-In Planning, March 25, 2021”
  • Pages 122-163:
    • “Attachment 13: a. Hearing and vision training materials”
  • Pages 164-247:
    • “Attachment 13: b. Speech language pathologists’ training materials”
  • Pages 248-353:
    • “Attachment 13: c. Special education instructional training and training schedule”
  • Pages 354-493:
    • “Attachment 13: c. Special education instructional training and training schedule”
  • Pages 494-690:
    • “Attachment 13: d. Special education procedural trainings”
  • Pages 689–690:
    • “Attachment 14: Recovery Services, Trainings, Meetings, and Guidance Documents”
  • Pages 691-1555 (see links below):
    • “Attachment 14 – modified: Recovery Services, Trainings, Meetings, and Guidance Documents”
      • Pages 689–690: list of attachments
      • Pages 693–710: “Recovery Services, Spring 2021” slideshow
      • Pages 711–712: 1.29.21 email from Katherine Murphy to alert “504 SBCs” that they “and other colleagues will likely be hearing from your school’s procedural support liaison (PSL) or your due process and eligibility (DPE) specialist regarding upcoming opportunities to learn more about COVID RECOVERY SERVICES.”
      • Page 713: 12.8.20 email exchange between Debbie Lorenzo and Ellie Stack, regarding “Special Education Hub Office Hours for Recovery Services”
      • Pages 714–717: “Documenting Time Using MyTime”, FCPS Due Process and Eligibility (12/11/2020) guidance document
      • Pages 718–736: “Recovery Services, Spring 2021” slideshow
        • Almost identical to pages 693–710. In 718–736, Danielle Amos’ name was removed from Slide 1 and Michelle Waller’s name was added. Slide 16 in 693–710 was moved to slide 14 in 718–736. Slide 17 in 718–736 is new and isn’t included within 693–710.
      • Pages 737–754: “Recovery Services, Spring 2021” slideshow
        • Almost identical to 718–736. In 737–754, Michelle Waller’s name was removed from Slide 1 and Jess Boger’s name was added. Slide 18 in 718–736 is not included within 737–754.
      • Pages 755–778: “FCPS Guidance Document for IEP Teams for COVID Recovery Services”
      • Pages 779–780: “IEP Data Collection” and “Attendance and Participation Considerations for Recovery Services” guidance documents
      • Pages 781–798: “Recovery Services, Spring 2021” slideshow
        • Almost identical to 693–710. In 781–798, Danielle Amos’s and Kathy Murphy’s names were removed from Slide 1.
      • Pages 799–846: “OSEPS Virtual Collaborative Team Meeting, March 26, 2021”
        • Page 846: FCPS blocked the public from accessing the link on this page. A video of items on the page can be viewed by click HERE.
      • Pages 847–853: Agendas for “OSEPS Collaborative Team Meeting[s]”, for 9.25.20, 10.23.20, 11.20.20, 12.4.20, 2.26.21, 3.26.21, and 4.30.21.
      • Pages 854–974: “OSEPS Virtual Collaborative Learning Team Meeting, August 4, 2020.”
  • Page 1556:
    • “Attachment 15 Recovery Services Information Provided by FCPS to Parents/Caregivers”
  • Page 1557:
    • “Attachment 16 Recovery Services Information Shared by FCPS with Parent Advisory Groups”
  • Pages 1558-1851:
    • “Attachment 17 Correspondence among key division staff concerning “recovery services” definition and process for determination regarding eligibility and service selection and provision”
    • Pages 1831-1832: FCPS acknowledges that its IEE price caps are below market and out of line with private provider pricing.
  • Pages 1852-1900:
    • “Attachment 18: Correspondence amount key division staff concerning provision of compensatory service and process for determining if/when this provision might be appropriate for students with disabilities.”

Production 3

  • Pages 1-19:
    • March 16–19, 2020, emails between Jane Strong, Director of Special Education Procedural Support; Francisco Duran, Chief Equity Officer; Teresa Johnson, Assistant Superintendent, Special Services; Mike Bloom; John Foster, legal counsel; Debbie Lorenzo, Coordinator, Office of Special Education Procedural Support; Dawn Schaefer, Coordinator, Due Process and Eligibility; Jennifer Krempasky; and Kathleen Harley, attorney with ReedSmith.
      • Page 1: Jane Strong states, “Digital Learning will impact us Significantly in sped on compensatory service” and discusses guidance received the previous day, stating it isn’t feasible.
      • Page 2: Teresa Johnson emailed guidance
      • Page 4: Jane Strong admits “feeling panicked” and Debbie Lorenzo agrees with Jane that there will be “long-term ramifications.”
  • Pages 20–52:
    • FCPS newsletters
  • Page 53:
    • “Attachment 19: FCPS Web Resources (spring 2020)”
      • None of the items listed on this page are hyperlinked to the actual documents, nor are the documents included on the pages that immediately follow.
  • Page 54:
    • “Attachment 20: Virginia Governor Ralph Northam’s Announcements/Letters”
      • Items listed on this page are hyperlinked, but the actual documents are not included on the pages that immediately follow.
  • Page 55–63:
    • USDOE “Questions and answers on providing services to children with disabilities during the coronavirus disease 2019 outbreak, March 2020”
  • Pages 64–67:
    • USDOE, Office of Civil Rights: “March 16, 2020, Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students”
  • Pages 68-72:
    • USDOE, Office of Civil Rights: “March 21, 2020, Supplemental Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students”
  • Pages 73–91:
    • “Virginia Department of Education Considerations for COVID Recovery Services for Students with Disabilities”
  • Pages 92–101:
    • USDOE, OCR, September 28, 2020: “Questions and Answers for K-12 Public Schools In the Current COVID-19 Environment”
  • Page 101:
    • Attachment 21: United States Department of Education and Virginia Department of Education (VDOE) Guidance
    • Some of the items listed on this page are hyperlinked to the actual documents. None of the documents listed on this page are included in the pages that immediately follow.
  • Pages 102-201:
    • “Attachment 22: Council of Administrators of Special Education (CASE) webinar materials”
  • Pages 202–286:
    • “Attachment 23: VDOE, Division of Special Education and Student Services, Office of Dispute Respution and Administrative Services, Systemic Letter of Findings, August 24, 2020”
  • Pages 287–305:
    • “Attachment 24: DLP School Board Briefing, March 27 (slide presentation)”
      • Pages 287-304: “Distance Learning Plan (DLP) School Board Briefing – March 27, 2020”
  • Page 306:
    • FCPS Q&A
  • Page 307:
    • “504 Guidance/directives shared via email by Kathy Murphy, related to the COVID-19 closure”
  • Pages 308–309:
    • “504-COVID-19 Response: Updated FAQs as of 4/14/2020”
  • Page 310:
    • “What resources are available to support 504 School Based Coordinators and case managers during distance learning?”
  • Pages 311–312:
    • “Special Education Case Manager Expectations for the Distance Learning Plan”
  • Pages 313–411 (See links below):
    • Council for Administrators of Special Education (CASE) presentations
      • Pages 313–338: May 1, 2020, “Navigating the COVID-19 Crisis”
      • Pages 339–377: May 22, 2020, “The Provision of COVID-19 FAPE to Students with Disabilities: Top Legal Concerns”
      • Pages 378–411: April 3, 2020, “Navigating the COVID-19 Crisis”
  • Page 412:
    • Q&A
      • This is an undated and untitled document.
      • It covers information related to evaluations educations and states that school is “voluntary” and “therefore special education instruction is not provided either.”
      • It does not address the fact that students with IEPs or 504 Plans didn’t receive their supports and thus didn’t have the opportunity to access “voluntary” education on the same field as their peers. In addition, it fails to note that students who participated were able to raise their grades.
  • Pages 413-414:
    • “Guiding Questions for Parent/Teacher Communication of the Temporary Learning (TLP)”
  • Pages 415-416:
    • “COVID-19 Special Education Frequently Asked Questions for Families, 4/30/20”
  • Pages 417–440:
    • “Department of Special Services Distance Learning Plan for COVID19 Closure, FCPS School Board Briefing – April 23, 2020”
  • Pages 441–466:
    • “Special Education Procedural Handbook for Staff During the COVID-19 School Closure (March–June 2020)”
  • Page 467:
    • “Special Education Department Chair/Lead Teacher Expectations for the Distance Learning Plan”
  • Pages 468–471:
    • USDOE, OCR (OCR-000115), March 16, 2020, “Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students”
  • Pages 472–1988:
    • Will be added/TK
  • Page 1989:
    • 3.3.22 email from Kelly O’Connell, Acting Manager, Due Process and Special Education Services, to Katherine Murphy, Kristina Roman, and Dawn Schaefer.
      • Kelly states, “As of the start of Feb 2022, approximately 1,070 students have received are or [sic] have recovery services on their IEP in some form.”
        • Approximately 28,000 FCPS students have IEPs. That only 1,070 have received recovery service is curious. Also interesting: Recovery services are not supposed to be limited to students who have IEPs. This means, of the over 180,000 FCPS students, less than one percent received recovery services as of February 2022.
  • Pages 1990–1995:
    • “Attachment 1: Statement of Jane Strong, Ph.D., director, Office of Special Education Procedural Support, Department of Special Services”

Production 4

  • Pages 1–68
    • Emails from OCR Attorney Sara Clash-Drexler to FCPS Section 504 Specialist Katherine Murphy.
      • Page 1: May 19, 2021, email
  • Page 69
    • Email from OCR’s Andre Thomas to Katherine Murphy.
      • May 27, 2021, Dropbox invite.
  • Page 70
    • Email from FCPS Counsel Robert Falconi to Katherine Murphy
      • July 20, 2021, email acceptance notice
  • Page 71
    • Email from Katherine Murphy to Andre Thomas
      • June 10, 2021, Katherine struggling to upload records to Dropbox
  • Pages 72–338
    • To come

Production 5

Production 5 included seven videos and a PDF file that is 2,245 pages in length.

  • Pages 1–26
    • “FCPS Standards of Learning (SOL) Assessments’ Accommodations Reference Chart (Revised November 2019)”
  • Page 27
    • Email from Kelly O’Connell to Katherine Murphy, Kristina Roman, and Dawn Schaefer, stating that, as of Feb 2022, “approximately 1,070 students have received are or [sic] have recovery services indicated on their IEP in some form.”
      • Approximately 28,000 students enrolled in FCPS have IEPs.
  • Pages 28–30
    • Emails between FCPS staff and counsel about OCR investigation.
  • Pages 34–36
    • “Due Process and Eligibility Team Meeting, 11/12/20” agenda
  • Pages 37–38
    • “34 CFR 104.33 Free appropriate public education.”
  • Pages 39–43
    • Emails, 1.27.21 and 5.17.21, from Section 504 Specialist Kathy Murphy to 504 School Based Coordinators
  • Pages 44–327
    • To come/TK
  • Pages 328–382
    • Emails, primarily to/from staff at Greenbriar East Elementary
    • These are among the most heavily-redacted documents in this entire FOIA response.
  • Pages 383–1892
    • To come/TK
  • Pages 1887–1890
    • 5.4.21 letter from OCR to FCPS, clarifying the focus of its investigation. The letter includes an initial data request, which was due by 5.19.21.
  • Pages 1893–1896
    • FOIA request FCPS submitted to OCR. Among other things, FCPS requested communications parents sent to OCR about it.
  • Pages 1897–2,245
    • To come/TK

More Records to Come

Rather than waiting until I’ve been able to go through all of the records, I’m posting them here, with hope readers will volunteer to go through them and help categorize/organize them for everyone.

In addition, I’ll continue to add the videos that FCPS did not provide to OCR.

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