Going Local: Virginia
Feel the Need to Include Judgement of an Advocate’s Skin Color in Your Legal Decision? You Might Be A Virginia Hearing Officer
Virginia Hearing Officer Frank Aschmann thought it appropriate to judge the skin color of a parent’s advocate, and include his judgement of his interpretation of her appearance in his due process decision.
Why?
FOIA Release: Compensatory Services and Governor Northam’s Staff; Please Tell Us Our Tax Dollars Didn’t Pay For This
It reads like a report modeled on a deflated balloon. “Full” isn’t a word to associate with it.
At this point in the game, states across the nation have been facing this topic since Spring 2020. Fingers crossed that a) more research is being done and b) that any related charges are minimal (or waived).
Save the Date: JLARC Live Presentation of Report on Special Education in Virginia
The report will be presented live. A dedicated YouTube link will be made available for public viewing of the live event. (link to come)
Fairfax County Public Schools Special Education Department Chair Meeting
It includes information about IEP development, too, such as Lourrie Duddridge correcting the use of the PLOP page for present levels instead of a place used to document meeting minutes.
At about the 1:54:56 time mark, Lourrie Duddridge states: “We’ve been looking at a lot of present level of performance pages (PLOPS) and we need to just remind everybody that those documents are really for documenting the student’s present level of performance. How are they doing in their educational environment and what we propose as a team, and that those statements are written in objective measurable terms, and that we’re using appropriate data on those pages. What the page is not for is summaries of what happened–minutes of the meeting. And we’re seeing a lot of that on our present level of performance pages and what it does is clutter the IEP, and then we get present level of performance pages that are 20 pages long, because we have documented so much stuff that really isn’t relevant to the proposal itself.”
FCPS Lawyer bcc’d on Student’s Emails; Claims He is a School Official; Says it’s “Appropriate” for Him to Have Access
In a recent meeting, the parents and their advocate brought the bccing practice to the attention of a due process hearing officer.
The hearing officer, in turn, asked Allen, who was attending the meeting, too:
“What’s your authority Mr. Allen?”
Due Process Diaries, Part II: Subpoenas
Before I knew a hearing officer had been assigned, Blankingship & Keith, one of the law firms Fairfax County Public Schools (FCPS) taps into for due process hearings, started in with subpoenas.
I’d never been served—much less seen—a subpoena before those arrived.
With the help of Google and God, I got up to speed on subpoenas.
I learned they are kin to a child in a toy shop. Ask the kid what he or she wants, and the response will be everything in sight—plus the G.I. Joe with the Kung Fu grip (for those “Trading Places” fans).
FCPS Special Education Instruction Overview: Reopening Plans
Due Process Diaries, Part I
I filed for Due Process August 26th of this year.
A due process hearing is an experience I could have done without, but I learned a tremendous amount—especially about hearings held via a virtual platform. I learned, too, more than I ever thought I needed to know about the transcripts related to the hearing (more on this later).
In the coming weeks, I’ll share slices of the hearing, from due process filing to final decision—which in this hearing included privacy breaches, perjury, technical glitches, an ADA complaint, denial of full access to the hearing, and denial of rights guaranteed under both federal and state regulations.
Return to School Virtual IEP Guidance Document
Whether you live in Fairfax County, Virginia, or in a different county or state, view this video.
It’s an opportunity to 1) learn what another school division is doing; 2) identify behind-the-scenes practices that are a) problematic and/or b) not occurring according to the training; and 3) to compare against your own division’s practices to a) bring ideas to them and/or b) ask about problem areas behind-the-scenes in your school division.
This presentation was developed by Fairfax County Public Schools (FCPS).
There are a few stand-out comments to consider—and to contact FCPS (or your school division) about if these items weren’t discussed with you.
Here’s one for now, and then the video and transcript follow:
“The first thing the case manager needs to do is to review the IEP and determine whether or not the goals, accommodations, and services can be delivered in a virtual format.”
If yes, did the case manager actually take an action outside of “review” and “determine”?
Robinson Secondary School Privacy Breach: FCPS Released Names, ID Numbers of Students Receiving Special Education
This time, the breach is related to class of 2023 at Robinson Secondary School.
The list provides full names, student identification numbers, classes, interventions, recommendations, and class teachers and periods for the students.
Fairfax County Public School Lawyer bcc’d on Email between Teacher and Student; Why?
Does anyone think it a good use of taxpayer money to bcc Fairfax County Public School (FCPS) lawyers on emails as benign as:
1) an email from a teacher to her student, about an assignment; and
2) an email from an IEP case manager introducing herself to the student’s family?
About three dozen emails, spanning this past year, have been uncovered, with bcc’s to Blankingship & Keith attorneys Wesley Allen and/or John Cafferky.
As of 2018, John Cafferky’s billing rate was $295/hour and Wesley Allen’s was $245/hour.
Do we really need to pay $4-to-$5 a minute for lawyers to read emails, when there are greater needs within the school system?
FCPS Teachers; Pay Inequity in a Time of COVID
I can’t thank the assistive technology specialists within the school system enough.
But . . . There’s another group we need to ensure the overall infrastructure is in place and running. In Fairfax County Public Schools, these individuals are often referred to as SBTS (School-Based Technology Specialists).
And this past spring, when teachers and students were sent home, the SBTS worked overtime to clean-up a mess that to-date has not been explained.