Going Local: Virginia
Virginia’s Noncompliance Continues; U.S. Dept. of Education States More Concerns Exist
For each issue cited, OSEP required an action to address the issue—and these actions had 90-day timelines associated with them.
Almost two-and-a-half years later, issues remain, the DMS report has yet to be closed out, and more concerns continue to rise.
Virginia Dept. of Education Announces Investigation of Fairfax County Public Schools, for Allegedly Engaging in Predetermination
The complaint on which the investigation is based alleges FCPS engaged in predetermination, which is a procedural violation of the Individuals with Disabilities in Education Act and implementing Virginia regulations.
FCPS Releases Final Special Education Audit Report; Bleak Portrait of Broken System Emerges from Report
The report comes as no surprise to parents or educators. It confirms what parents have experienced for decades. Students’ needs are not being addressed pursuant to IDEA, Section 504, and state implementing regulations, teachers are undertrained and under supported, and leadership encourages teachers to be quiet rather than proactive in helping to ensure the needs of students are met.
Virginia State Superintendent Admits Accreditation Standards are Unreliable Measure of School Performance; Number of Failing Students Tripled in Reading, Quadrupled in Math
According to VDOE, “Prior to the pandemic, the number of students statewide who failed an SOL reading test but showed growth — and therefore counted toward their school’s accreditation rating — ranged from 19,000-20,000. With this latest round of accreditation calculations, the number has more than tripled to 61,000.
“Similarly, the number of students who failed a math SOL test before the pandemic but showed growth and counted toward their school’s rating was about 20,000. This year the number has quadrupled to more than 88,000.”
Fairfax County Teacher Assaulted Special Education Student; FCPD Seeks Information from Public
This occurred after two teachers walked into their classroom and witnessed McDicken assaulting a student who has special needs.
For Students, Virginia’s “Bridging the Gap” Program is a Bridge too Late & to Nowhere
FCPS’s ARP funding failed to address the needs of students from the classes of 2020, 2021, and 2022, who graduated or dropped out of school before funding could benefit them. Recent announcements from the National Assessment of Educational Progress (NAEP), the Virginia Department of Education, and Governor Glenn Youngkin’s office indicate that this trend will continue.
In Virginia’s case, this follows a downward trend in academic performance that started before COVID.
Fairfax County Public Schools Withheld Records from Office of Civil Rights; FCPS Didn’t Provide Full Response to OCR’s Investigation Data Request
January 12, 2021, OCR launched an investigation into FCPS, for civil rights violations related to the COVID pandemic.
May 4, 2021, OCR submitted an “Initial Data Request Letter” to Superintendent Scott Brabrand, which has a focus on “what the Division has done to address any denial of free appropriate public education (FAPE) that has occurred for students with disabilities while the Division has offered remote learning in response to the pandemic.
FCPS failed to provide a full response.
UPDATE: Fairfax County Public Schools FOIA’d Parents’ Communications with Office of Civil Rights
Fairfax County Public Schools Provided Recovery Services to Less Than 1% of Students
FOIA Response: More Internal Emails Provided, More Proof FCPS is Aware of Problems with Independent Educational Evaluation Rates and Other Issues
For the limited time covered, the FOIA response includes significant information related to the hot-button issue of FCPS’s below-market Independent Educational Evaluation rates.
Although numerous parents through the years have complained to FCPS and/or have filed state complaints about the rates, FCPS has refused to change the rates.
Yet . . . It looks like FCPS has known for years that the rates are a problem.
FOIA Response: Records FCPS Provided to Office of Civil Rights for OCR’s COVID Investigation
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, FCPS provided the records published here.
(7.22.22 Update) Fairfax County Employee Accused of Stealing Students’ Medications; Criminal Investigation Ensues
July 22, 2022: Article updated to include information about Jennifer Carpenter’s indictment, the police investigation, and the tip line set up in an attempt to gain more information related to the case.
June 10, 2022: Article updated to include FOIA response from Fairfax County Police Department and other cited documents.
June 8, 2022: Article first published.
Fairfax County Police Department and Fair Oaks Police Department are investigating Jennifer Carpenter regarding a “discrepancy in medication” that should have been administered to Fairfax County Public Schools students. Carpenter, a health department employee at Greenbriar East Elementary School, is accused of stealing medication such as Adderall and Ritalin, and instead administering an antihistamine to students.