Going Local: Virginia
Updated 4.7.24—Virginia in More Hot Water; U.S. Department of Education Issues New Report, Finds VDOE at Fault for More Noncompliance
March 13, 2024, U.S Department of Education (USDOE) Office of Special Education Programs (OSEP) found Virginia Department of Education (VDOE) in noncompliance for the fourth year in a row. OSEP released its findings in a new Differentiated Monitoring Support report and letter. The issues identified relate to state complaints, mediation, due process, prior written notice, confidentiality, and independent educational evaluations (IEE).
March 15, 2024, Superintendent Lisa Coons responded to OSEP’s letter and report by issuing a letter to USDOE that states VDOE’s commitment to change and includes a chart outlining VDOE’s proposed corrective action plan (CAP) and timelines.
Notable corrective actions include changes to Virginia regulations regarding state complaint and due process filings. Moving forward, parents and advocates will be able to file state complaints and due process against VDOE.
Long-term noncompliance continues to relate to independent educational evaluations (IEE).
UPDATED 3.29.24—VDOE to Investigate Fairfax County Public Schools for Systemic Noncompliance; District Fails to Implement IEPs in a Timely Manner
This time, Virginia Department of Education (VDOE) is investigating FCPS’ failures to implement IEPs in a timely manner.
Notably, FCPS has failed to ensure timely provision of compensatory education to students and timely reimbursement of out-of-pocket expenses to parents, even though both appear in IEPs proposed by FCPS and consented to by parents. The compensatory education and reimbursements at the core of the complaint relate to FCPS’ resolution agreement with Office for Civil Rights (OCR).
In some cases, parents and students have been waiting more than six months for FCPS to provide reimbursements and/or ensure provision of compensatory education.
Due Process Hearing Officer Orders Private College Prep School Placement for Student; Parents and Student Prevail in Rare Virginia Decision
When Hearing Officer Rhonda Mitchell found a private college preparatory school to be the appropriate placement for the student, and ordered PWCPS to pay for the student’s tuition, the word unprecedented came to the minds of the parents and their advocate.
VDOE Orders FCPS to Stop Delaying Provision of Compensatory Education and Reimbursable Expenses; IEPs Addressing Office for Civil Rights Findings Must Be Implemented
That stops now.
Helpful Information from FCPS Lawyer John Cafferky, which You Won’t Find in VDOE’s “Parents’ Guide to Special Education Dispute Resolution”
In 2008, Virginia Department of Education issued “2008 Parents’ Guide to Special Education Dispute Resolution.” Although a lot’s changed in the past 15 years, the guide “designed to assist parents in understanding Virginia’s dispute resolution systems of mediation, complaints, and due process hearings” has remained the same.
The following is helpful information that I hope VDOE considers should it revise the guide. It comes from advice that long-time Fairfax County Public Schools lawyer John Cafferky provided to FCPS staff. In its 2008 guide, VDOE acknowledged John on a list of individuals who “contributed to the development of this document and/or who served as a reviewer.” Hence, it seems fitting that the following advice be considered for a future edition.
Culture of Cover-Up Continues in FCPS; Superintendent Admits Systemic Problem, Staff Testify Otherwise to VDOE
Within two hours of Superintendent Michelle Reid taking the extraordinary step of breaking with FCPS’ tradition of covering up noncompliance, her staff continued along the old, traditional path.
Breaking with FCPS Tradition, Superintendent Michelle Reid Chooses Systemic Change Instead of Staying the Course
1. Admitted FCPS is at fault for systemic FERPA noncompliance (maintenance of, access to, and security of student educational records) and is owning the systemic noncompliance;
2. Hired an independent law firm to do an investigation, committed to sharing the findings of the investigation, saw that the investigation was completed in what to my knowledge is record time for FCPS; and today shared a summary of the findings;
3. Committed to fully addressing the noncompliance and implementing the changes recommended as a part of the investigation findings;
UPDATED 12.13.23—Pro Tip: Don’t Believe Everything Fairfax County Public Schools Tells You
The one thing that can be said about Fairfax County Public Schools (FCPS) is that it is consistent. When it engages in noncompliance, rather than engaging in immediate transparency and honesty, it crafts messages that lead the public to believe someone else is at fault.
Why am I mentioning this?
Turns out FCPS left out some key information, such as that I have never and will never publish private information about kids—but I will publish information showing FCPS retaliates, is in noncompliance, and intentionally pushes inappropriate programs onto kids.
VDOE and FCPS Failing Streak: Seven Years of Failing to Prevent Inadvertent Disclosure
For at least five years, FCPS, FCSB, and Virginia Department of Education (VDOE) have failed to stop the inadvertent disclosures, even though VDOE and/or U.S. Department of Education’s (USDOE) Student Privacy Police Office (SPPO) have repeatedly found FCPS at fault for failure to take sufficient precautions to prevent inadvertent disclosure. Not even losing a lawsuit in 2021, during which Fairfax County Circuit Court Judge Richard E. Gardiner pointed out FCSB’s failures, stopped FCPS and FCSB from future failures to take sufficient precautions to prevent inadvertent disclosure.
The irony is, while FCPS and FCSB have spent years failing to prevent inadvertent disclosures, FCPS school officials have spent years intentionally engaging in bad faith activities designed to prevent disclosure of other records from being responsive to FERPA and FOIA requests.
Update 12.3.23—Fairfax County Public Schools Trains Staff to Thwart FERPA Requests: Don’t Put it in Writing
Updated 11.21.23—FOIA: Virginia Department of Education State Complaint Tracking Logs, 2014-2023
The link to the spreadsheets pulled together by the volunteer is being added here, with the understanding that the data needs doublechecking, as well as more slicing and dicing to identify trends. Help still is needed. If you’re interested in helping, please let me know.
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September 2023, Council of Parent Attorneys and Advocates (COPAA) released a report of its in-depth look at state complaints. Its findings aren’t surprising. Parents who believe their local education agency (LEA) to be in noncompliance with Individuals with Disabilities Education Act (IDEA), can seek remedies under IDEA’s dispute resolution processes. However, those processes—such as filing state complaints—are stacked against parents. VDOE’s state complaint tracking logs provide a portrait of a state heavy on dismissals and findings in favor of LEAs.
UPDATED 11.20.23—VDOE FOIA Response: Independent Evaluations of Virginia Department of Education’s Special Education Program
11.20.23: Article updated to include original report submitted by Dr. Robert Pasternack to Dr. Lisa Coons, as well as emails between Robert and Lisa regarding the first final report, and invoices related to both reports. Virginia Department of Education (VDOE) released two independent evaluations of its special education program. The evaluations were done by Dr. Robert Pasternack, Sam Howarth, and Nathan Levenson at the request of Superintendent of Public Instruction Dr. Lisa Coons. The findings aren’t a surprise. In Virginia, educators and families are two ends of the same burning match—and VDOE fuels the fire. Rather than being the “North Star” guiding educators and bridging the gap between families and educators, VDOE’s actions and inactions continue to increase the divide.