Going Local: Virginia - Special Education Action

What is Fairfax County Public Schools Trying to Hide? These 1,316 Pages of Clues Provide Answers

For over a month, Fairfax County School Board’s (FCSB) legal actions prevented me and Debra Tisler from disseminating materials she received in response to a FOIA request she submitted.

This week the censorship shackles came off.

Included in this article are all 1,316 pages that FCSB tried to prevent us from sharing.

Parents and First Amendment Prevail; Judge Rules Against Fairfax County School Board

Today, Debra Tisler and I prevailed in court when Judge Richard E. Gardiner ruled against Fairfax County School Board’s (FCSB) legal actions against us. It was an extraordinary day for Freedom of Speech and First Amendment Rights—and for parents who dare to point out waste and noncompliance.

We had the honor of being represented by Timothy Sandefur of the Goldwater Institute and Ketan Bhirud of Troutman Pepper. It was extraordinary to witness the dedication and passion of these two lawyers.

While FCSB’s lawyers made arguments that the court called “almost frivolous”, Tim and Ketan stood up for Freedom of Speech and First Amendment Rights, and in turn for me and for Debra.

Fairfax County Public Schools Leaked Its Own Legal Invoices

Fairfax County Public Schools (FCPS) leaked almost 1500 pages of its own legal invoices—and again breached the privacy of students, parents, and FCPS staff. The documents vary from being partially redacted to being entirely free of redactions.

In addition to sharing unredacted information about Due Process Hearings and Equity and Employee Relations Complaints (including staff grievances and dismissals), the following is a short list of some of the information within the documents:

Heartbreaking information related to children who died on FCPS’s watch, as well as the names of the children and their parents was included, as was information about FCPS’s restraint and seclusion problems.

Cyber Hacking Investigation

Blackboard Investigation

Coalition for TJ Lawsuit

Recall of Elaine Tholen

Fairfax County Public Schools: Please Explain “Misuse of Bond Proceeds”

A May 13, 2021, Hunton Andrews Kurth invoice notes that attorney SE Haynie ($395 rate) drafted a message “re: misuse of bond proceeds” and later there’s a mention of Haynie corresponding “re: status of NDA review.”

Please join me in asking Fairfax County Public Schools (FCPS) to disclose the “misuse of bond proceeds”.

What bonds?

What proceeds?

What misuse?

Fairfax County Public Schools: Please Explain Why You Are Paying Outside Counsel $625/Hour To Write Motions For School Board Members And To Review FOIA Requests

A February 11, 2021, Hunton Andrews Kurth invoice notes that attorneys MA Podolny ($395 rate) and S Rewari ($695 rate) helped draft motions for school board members Karen Keys-Gamarra and Abrar Omeish.

Please join me in asking Fairfax County Public Schools (FCPS) why board members are using private high-paid attorneys to write motions.

Fairfax County Public Schools: Please Explain Your “HIPAA Compliance Concerns”

A November 30, 2020, invoice from Fairfax County Public Schools (FCPS) attorney Hunton Andrews Kurth notes that attorney D Mustone ($695 rate) drafted a message “regarding HIPAA compliance concerns relating to CareFirst subcontractor” and that Mustone did a “review of background and research.”

If there’s a concern related to HIPAA, does that mean FCPS again released personally identifiable information (PII), but this time by a FCPS contractor?

FCPS Office of Special Education Procedural Support Has a History of Privacy Breaches

Fairfax County Public Schools Office of Special Education Procedural Support has a history of failing to secure confidential information about children, to the point that one could say privacy breaches are an area in which FCPS OSEPS excels.

Email from Stephen Hunt to Alice Farling

Your Fairfax County School Board Member: Stephen Hunt

Stephen Hunt served as an at-large member of the Fairfax County School Board (FCSB) between 2004-2007.

Why bring him up now?

For over 15 years, Fairfax County Public Schools (FCPS) has been failing students who have special education needs. FCSB and FCPS knew this 15 years ago and they know it now.

August 21, 2006, Stephen sent an email to Alice Farling, who at the time was the assistant superintendent of FCPS’s Department of Special Services. The subject of the email?

Problems with FCPS’s special education program.

The $60,825 Question: Should Fairfax County Public Schools Invest in Special Education or Pay Hazardous Waste Management Fines?

“Special Education” and “Hazardous Waste” should never appear in the same sentence, but here I find myself typing them into this opening line. The two shouldn’t have anything in common, either, but . . . I live in Fairfax County, Virginia, and strange things occur in our neck of the woods. Candide’s garden, Fairfax County is not.

5.10.21 VDOE emails Grant Award Notification and Routing

Virginia Department of Education, Carelessness & Literacy Grant Award Notifications

The Virginia Department of Education has long been known for partnering with Carelessness, just like the school districts below it.

May 10, 2021, Samantha Hollins forwarded grant award notification and routing information to a Fairfax County Public Schools (FCPS) parent. The parent did not request the information. The parent had no reason for receiving the information. The parent wasn’t even aware of the existence of the information.

10.1.21 Karen Keys-Gamarra Twitter follower

Your Fairfax County School Board Member: Karen Keys-Gamarra

This marks the launch of a new series that will feature information, documents, emails, recordings, and so on, related to Fairfax County School Board members and Fairfax County Public Schools’ (FCPS) special education program.

I’m starting with Karen Keys-Gamarra for no other reason than that I happened to tap into an email of hers for another article I posted today.

Texas and Virginia: Too Big to Fail

Texas and Virginia vary in physical size and population, but one thing they have in common is they are both too big to fail children — especially those who need special education supports.

Texas is toward the top of the list of U.S. states when it comes to federal, state, and local revenue, but Virginia has Fairfax County, a school district with one of the largest budgets and per pupil spending in the United States.

And yet . . . They’ve both failed.

In the case of Texas, the United States Department of Education’s (USDOE) Office of Special Education Programs (OSEP) just announced that USDOE will be reducing funds provided to Texas and putting specific conditions in place.

Will OSEP follow with Virginia?