Going Local: Virginia
FCPS Knows Its IEPs Are Noncompliant, Leads Hearing Officer, Virginia Dept. of Ed., Staff, and Parents to Believe Otherwise
September 14, 2022, Michelle and Dawn admitted FCPS’s IEPs are in noncompliance with IDEA and state regulations, that FCPS was changing the PLOP page in the IEP to a Present Level of Academic Achievement and Functional Performance (PLAAFP) page, and moving meeting notes to a different section. This contradicts Dawn’s 2020 testimony to Due Process Hearing Officer Rhonda Mitchell.
Office for Civil Rights Opens Investigation Into Virginia Department of Education; Did VDOE’s COVID-19 Guidance Lead School Divisions to Deny FAPE to Students Who Have Disabilities?
June 7, 2003, Case No. 11-23-4044:
“Complainant alleged that VDOE discriminated against students with disabilities by failing to provide an audio the accommodation for a Standard of Learning (SOL) reading and writing field test assessment for the 2022-2023 school year.”
June 9, 2003, Case No. 11-23-4004:
“Whether the VDOE’s guidance regarding the provision of special education and related services during the COVID-19 pandemic led school divisions to deny FAPE to students with disabilities.”
U.S. Dept. of Education Releases 2023 Determination Letters; Virginia Failed to Meet Requirements, While States Like Alabama Climbed Out of Years of “Needs Assistance” Determinations
While a few states improved their performance, others continued to fail.
In 2023, 23 states or entities met requirements, as compared to 22 in 2022; six states need assistance (one year) in 2023, compared to 3 in 2022; 29 need assistance (two or more consecutive years) in 2023, compared to 35 in 2022; and two states need intervention in 2023, compared to zero in 2022.
Fairfax County Public Schools Provided False Information to Office for Civil Rights
Dawn Schaefer, director of FCPS’s office of special education procedural support admitted FCPS’s action this past month in a letter to Virginia Department of Education.
Systemic Noncompliance: VA Dept. of Education finds Fairfax County at Fault for Refusing to Provide Related Service of Vision Therapy
Fairfax County Public Schools is in hot water again for another count of refusing to provide services to students. About six months after Office for Civil Rights (OCR) found FCPS at fault for systemic noncompliance between April 2020 and June 2022, and required FCPS to meet with the families of 28,000+ current and graduated students to determine compensatory services for students enrolled during the time period investigated by OCR, Virginia Department of Education (VDOE) found FCPS at fault for more systemic noncompliance. Like OCR, VDOE is requiring FCPS to meet with the families of students impacted and address compensatory education owed to the students.
Dear VDOE: Is it Okay for Compliance Specialist to Write “I’m Winging It” in Investigation Letter of Findings?
These are the words of a compliance specialist writing a Letter of Findings in response to a state complaint investigation.
They also are the words that no parent wants to see written by a compliance specialist.
Dear VDOE: Is it Okay for Compliance Specialist to Judge, Joke at the Expense of Parent Advocating for Her Child?
Here’s another curious comment that appears in the same document:
“This is my justification for the length of the narrative in this case—they made me do it!! ? I wanted to separate the three categories of requests that Parent had initiated las summer — IEP, ESY, Reevaluation, Reading inventory testing. Sheesh. It shows the confusing atmosphere that FFX handled professionally. She was making lots of FFX staff work, sometimes in conflict with others. Please edit and make it better, ML.”
U.S. Dept. of Education to Investigate VA Dept. of Education’s Response to Fairfax County Public Schools Civil Rights Violations; What Actions has VDOE Taken with “Similarly Situated” Districts?
The announcement came in a May 12, 2023, letter from Valerie Williams, director of OSEP, to Lisa Coons, VDOE’s new superintendent of public instruction and is a follow up to OSEP’s February 17, 2023, letter to Coon’s predecessor Jillian Balow, which announced OSEP would be conducting additional monitoring activities, to include an on-site investigation. According to the May 12 letter, the on-site will occur during the week of September 25, 2023.
The Curious Case of Virginia Dept. of Education’s State Complaint Findings: Determining Nature of Specially-Designed Instruction During Eligibility
United States Department of Education Office of Special Education Programs has noted VDOE’s problematic state complaints a few times, in differentiated monitoring support letters dated June 23, 2020, February 8, 2022, March 16, 2022, September 1, 2022, January 17, 2023, and February 17, 2023.
Yet, VDOE’s state complaint process remains as bizarre as ever, with VDOE’s investigation decisions reading as if VDOE didn’t so much a peek at the evidence—more Ace Ventura than Sherlock Holmes.
In this case, VDOE makes a statement of noncompliance, but then finds Fairfax County Public Schools in compliance for that exact action.
Virginians: $1,500 and $3,000 Grants are Available to Help Your Children
Learn who is eligible and how to apply.
VA Dept. of Ed Opens Systemic Investigation into Fairfax County Public Schools: Team Composition
The complaint alleges that specifically, since at least 2017, FCPS has engaged in the following: a) holding IEP meetings that are in noncompliance with IDEA and implementing state regulations; b) unauthorized practice without a license; c) unlicensed “diagnosis and treatment of human physical or mental ailments, conditions, diseases, pain, or infirmities”; d) procedural violation of Parent’s and Student’s opportunity to participate in the decision-making process regarding the provision of FAPE to Student.
Fairfax County Public Schools Says Parents Aren’t Eligibility & IEP Team Members; VA Dept of Education Refuses to Investigate
In other words: FCPS is in noncompliance for refusing Parents rights’ to be deciding members of eligibility and IEP teams.