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# Special Education Action

Children are our priority. Ensuring their needs are met is our goal.

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## Posts

- [A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services](https://specialeducationaction.com/a-response-to-intervention-cannot-be-used-to-delay-or-deny-an-evaluation-for-special-education-services/) - What Is A Response to Intervention? According to the U.S. Department of Education (USDOE), in its 1.29.19 Letter to Zirkel, "IDEA does not define RTI . . . RTI is only mentioned in IDEA when determining eligibility for specific learning disability. 20 U.S.C. § 1414(b)(6)(B) and 34 C.F.R. § 300.307(a)(2).” However, the United States Department of Education has stated that, "States and LEAs have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RTI."
- [VDOE Finds Prince William County Public Schools in Noncompliance with IDEA](https://specialeducationaction.com/vdoe-finds-prince-william-county-public-schools-in-noncompliance-with-idea/) - January 16, 2025, Virginia Department of Education (VDOE) found Prince William County Public Schools (PWCPS) at fault for noncompliance with IDEA. The complainant alleged PWCPS' noncompliance related to IEP content and implementation, parent request for an IEP meeting, transportation, and denial of FAPE.
- [Accommodation Breakdown: Testing to Completion](https://specialeducationaction.com/accommodation-breakdown-testing-to-completion/) - Words matter, especially when it comes to writing IEPs and 504 Plans. What’s the Accommodation? How is the Accommodation Supposed to be Implemented? What Could Go Wrong?
- [Virginia Dept. of Education Opens Complaint Against Chesterfield County Public Schools; Investigation to Focus on Systemic Noncompliance Related to Transportation](https://specialeducationaction.com/virginia-dept-of-education-opens-complaint-against-chesterfield-county-public-schools-investigation-to-focus-on-systemic-noncompliance-related-to-transportation/) - January 23, 2025, Virginia Department of Education issued a notice of complaint (NOC) announcing its investigation into Chesterfield County Public Schools for systemic noncompliance. The NOC states the issues to be investigated are: Free Appropriate Public Education (FAPE) – Transportation Individualized Education Program (IEP) - Implementation
- [Class-Action Lawsuit Continues Forward; Related Service of Transportation at Core of Suit Against District of Columbia's OSSE](https://specialeducationaction.com/class-action-lawsuit-continues-forward-related-service-of-transportation-at-core-of-suit-against-district-of-columbias-osse/) - A class-action lawsuit against District of Columbia's Office of the State Superintendent for Education will continue forward. The case was filed by five parents of students who have disabilities and by The Arc of the United States. It focuses on the related service of transportation, specifically alleged failures to provide "safe, reliable, and appropriate" transportation for students who have disabilities.
- [What are Related Services?](https://specialeducationaction.com/what-are-related-services/) - Question: What are related services? Answer:
- [Can My School Say "No" to My IEE Request?](https://specialeducationaction.com/can-my-school-say-no-to-my-iee-request/) - Question: Can My School Say "No" to My Request for an Independent Educational Evaluation? Answer:
- [State Complaint Filed Against VDOE; VDOE Finds Itself in Noncompliance](https://specialeducationaction.com/state-complaint-filed-against-vdoe-vdoe-finds-itself-in-noncompliance/) - November 26, 2024, Virginia Department of Education (VDOE) issued a letter of finding in which it found itself in noncompliance with Individuals with Disabilities in Education Act (IDEA). The finding followed a complaint filed against the state agency. Although the noncompliance isn't earthshattering in nature, the finding is significant for a few reasons.
- [Can I File Due Process or a Complaint Against a State Education Agency?](https://specialeducationaction.com/can-i-file-a-due-process-hearing-or-complaint-against-a-state-education-agency/) - Question: Can I file a due process hearing and/or complaint against a state education agency (SEA)? Answer: If your child has an Individualized Education Program (IEP), you can file a due process hearing and/or complaint against an SEA. What Documents and/or Regulations Support this Answer?
- [Nation's Report Card Released; Student Decline Can No Longer Be Blamed on COVID](https://specialeducationaction.com/nations-report-card-released-student-decline-can-no-longer-be-blamed-on-covid/) - Student decline can no longer be blamed on the COVID pandemic. Data released today by National Center for Education Statistics (NCES) supports that the decline in reading and math that started pre-COVID was compounded by the pandemic, and then continued downward despite the millions of dollars funneled to schools nationwide to address COVID-era learning loss. The data collected by NCES was included in the National Assessment of Educational Progress (NAEP).
- [Reading Gap Widens in Virginia; Governor Youngkin Admits “Reading is Really Not Picking Up”; No Plan for Struggling Older Students](https://specialeducationaction.com/reading-gap-widens-in-virginia-governor-youngkin-admits-reading-is-really-not-picking-up-no-plan-for-struggling-older-students/) - January 29, 2025, National Center for Education Statistics (NCES), released data from the National Assessment of Educational Progress (NAEP), also known as the “Nation’s Report Card.” In addition to nationwide reading scores continuing the decline started in 2019, gaps between students with and without disabilities increased. NCES Commissioner Peggy G. Carr said, “Overall, student achievement has not returned to pre-pandemic performance . . . Where there are signs of recovery, they are mostly in math and largely driven by higher-performing students. Lower-performing students are struggling, especially in reading.” Governor Glenn Youngkin and Superintendent of Public Instruction Lisa Coons confirmed this to be the case for Virginia, too.
- [Failing Grades Are Not A Prerequisite For Special Education Evaluations](https://specialeducationaction.com/failing-grades-are-not-a-prerequisite-for-special-education-evaluations/) - Failing grades are not a prerequisite for special education evaluation and/or IEPs or 504s. The Individuals with Disabilities Education Act (IDEA) states that child find must include “Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade”. (Emphasis added. See 34 CFR 300.111(c)(1).)
- [Office for Civil Rights Releases Report Describing OCR’s Enforcement Record During Biden-Harris Administration](https://specialeducationaction.com/office-for-civil-rights-releases-report-describing-ocrs-enforcement-record-during-biden-harris-administration/) - "Office for Civil Rights’ new report, Protecting Civil Rights: Highlights of Activities, Office for Civil Rights 2021-25", covers OCR’s enforcement records during the Biden-Harris Administration. According to OCR, this period marked the “most productive four years in [OCR’s] history” and marked a dramatic decline in staffing.
- [Over 900 Pages Removed from U.S. Department of Education’s Site; Wayback Machine Provides View of Removed Content and Presidential Practices](https://specialeducationaction.com/over-900-pages-removed-from-u-s-department-of-educations-site-wayback-machine-provides-view-of-removed-content-and-presidential-practices/) - Between January 18 and January 23, 2025, over 900 pages of content were removed from U.S. Department of Education’s site. The content removed focuses on topics such as Office for Civil Rights findings and new guidance documents.
- [Accommodation Breakdown: Limited Time Testing](https://specialeducationaction.com/accommodation-breakdown-limited-time-testing/) - This accommodation addresses the amount of time a student will be tested. For example, one student might need breaks after every 30 minutes of testing, while another student might not be able to test more than 1.5 hours per day.
- [What Is A Transition Plan?](https://specialeducationaction.com/what-is-a-transition-plan/) - Worrying about our children is what we do as parents, but helping our kids plan, prepare, and be ready for their future is supposed to be a team effort, with parents, their kids' schools, and other agencies working together to help students who have disabilities. That team effort should be reflected in your child's transition plan. Transition plans are exactly what they sound like. They help students prepare for their transition from high school to whatever comes next in their lives.
- [U.S. Department of Education Releases New Guidance to Assist Students Who Have Disabilities and Are Transitioning Out of High School](https://specialeducationaction.com/u-s-department-of-education-releases-new-guidance-to-assist-students-who-have-disabilities-and-are-transitioning-out-of-high-school/) - New guidance to assist students who have disabilities and are transitioning out of high school is now available from U.S. Department of Education Office of Special Education Programs (OSEP).
- [Office for Civil Rights Releases Civil Rights Data for 2021-22; Inequities in Education Continue](https://specialeducationaction.com/office-for-civil-rights-releases-civil-rights-data-for-2021-22-inequities-in-education-continue/) - New data indicate inequities in education remain stark nationwide. U.S. Department of Education's Office for Civil Rights released data from its 2021-22 Civil Rights Data Collections (CRDC), which schools nationwide are required to submit. According to OCR, the 2021-22 CRDC contains information from over 17,000 school districts and over 98,000 schools.
- [U.S. Department of Education Addresses Restraint and Seclusion, Encourages Proactive Practices to Support Students](https://specialeducationaction.com/u-s-department-of-education-addresses-restraint-and-seclusion-encourages-proactive-practices-to-support-students/) - U.S. Secretary of Education Miguel Cardona expresses concerns about continued use of restraint and seclusion and long-term negative impacts it has on children, and proposes proactive support instead.
- [Office for Civil Rights Addresses Retaliation in New Guidance Document](https://specialeducationaction.com/office-for-civil-rights-addresses-retaliation-in-new-guidance-document/) - U.S. Department of Education Office for Civil Rights the new guidance document "Civil Rights Protections Against Retaliation".
- [FCPS FOIA: Blankingship & Keith February 23, 2021, Invoices](https://specialeducationaction.com/fcps-foia-blankingship-keith-february-23-2021-invoices/) - Fairfax County Public Schools (FCPS), Virginia, has been a client of law firm Blankingship & Keith for decades. This record includes over 100 pages of invoices dated February 23, 2021, covering work Blankingship & Keith did between October 2020 and January 2021.
- [What do You Say When the School Says "No"? You Ask, "Where's the Beef?"](https://specialeducationaction.com/what-do-you-say-when-the-school-says-no/) - Parent: The school keeps saying "No" to everything I request, even though I have data supporting my student's needs for what I'm requesting. What do I do? Answer: You ask, "Where's the beef?" (a.k.a. "Show me the data")
- [VDOE FOIA: Independent Evaluation Reports for Virginia Department of Education and Related Correspondence and Invoices](https://specialeducationaction.com/vdoe-foia-independent-evaluation-reports-for-virginia-department-of-education-and-related-correspondence-and-invoices/) - October 2023 reports for two evaluations VDOE commissioned to assess special education, correspondence between VDOE's Dr. Lisa Coons and the evaluators, and invoices submitted by the evaluators.
- [UPDATED 11.20.23—FERPA Violation Report Card: Fairfax County Public Schools](https://specialeducationaction.com/ferpa-violation-report-card-fairfax-county-public-schools/) - This article was updated November 20, 2023, to include more FERPA violations. FCPS has been breaching the privacy of staff and students for years. This article details FCPS FERPA violations between 2017 and 2023. It includes breaches FCPS inadvertently provided to me, breaches related to my own family (and about which I filed state complaints), breaches other FCPS families shared with me, as well as the ransomware attack of FCPS that occurred in 2020.
- [From "Just Words" to Lexia, FCPS Continued Its One-Size-Fits-All Approach to Addressing Dyslexia](https://specialeducationaction.com/from-just-words-to-lexia-fcps-continued-its-one-size-fits-all-approach-to-addressing-dyslexia/) - Fairfax County Public Schools (FCPS) did it again. It used a one-size-fits-all approach to addressing the needs of students who struggle with reading. In 2020, Lexia gave FCPS 999,999 licenses for its programs. FCPS' response? The FCPS Office of Special Education Instruction (OSEI) recommended Lexia for all students who were using "Just Words" prior to Governor Ralph Northam's March 23, 2020 executive order calling for the cessation of in-person instruction.
- [FOIA Release: Office for Civil Rights' Open Investigations for Virginia Department of Education](https://specialeducationaction.com/foia-release-office-for-civil-rights-open-investigations-for-virginia-department-of-education/) - Office for Civil Rights (OCR) provided a response to a Freedom of Information (FOIA) request submitted to its office for “all letters issued from OCR to Lisa Coons and/or Jillian Balow between Jan 1, 2003, and today [July 10, 2023].” Although it took over a year to respond to the initial FOIA request, OCR confirmed that the letters reflect currently open complaints.
- [Parents Sue Literacy Experts, Publishers, and Schools; Who is Responsible, How Far Will This Go, and Why Does Big Pharma Come to Mind?](https://specialeducationaction.com/parents-sue-literacy-experts-publishers-and-schools-who-is-responsible-how-far-will-this-go-and-why-does-big-pharma-come-to-mind/) - December 4, 2024, two Massachusetts parents filed a lawsuit against literacy experts Lucy Calkins, Irene Fountas, and Gay Su Pinnell; Board of Trustees of Teachers College, Columbia University; Heinemann Publishing; HMH Education Company; Fountas and Pinnell, LLC; and The Reading & Writing Project at Mossflower, LLC. The parents allege that the defendants “peddled” and “hawked” a “raft of products” and “defective goods and services” that were based on “unreliable, methodologically flawed” research, that they “attempted to boost their credibility by selling literacy assessments created to “validate” their own products.”
- [In Case You Missed It: U.S. Dept. of Education's Functional Behavior Assessment Webinar](https://specialeducationaction.com/in-case-you-missed-it-u-s-dept-of-educations-functional-behavior-assessment-webinar/) - December 3, 2024, U.S. Department of Education (USDOE) held a webinar focused on using functional behavior assessments (FBA) to help shift from reactive exclusionary discipline to proactive support. If you missed it, USDOE announced today it will be posting the recording of the webinar on its site with other resources and its new guidance document addressing FBA’s. It was an interesting session and won’t take but about an hour of your time to watch.
- [How to File a Privacy Violation Complaint](https://specialeducationaction.com/how-to-file-a-privacy-violation-complaint/) - Imagine your school or someone in the school division violates the privacy of your child. Can you file a complaint? If yes, how? Parents and/or students who believe a student's privacy has been violated under the Family Educational Rights and Privacy Act (FERPA), have a right to file a complaint. FERPA applies to all students. However, students who have IEPs have additional protection under Individuals with Disabilities Education Act (IDEA). Let's explore both below.
- [Students' Behavioral Needs are Focus of New U.S. Department of Education Guidance Document](https://specialeducationaction.com/students-behavioral-needs-are-focus-of-new-u-s-department-of-education-guidance-document/) - U.S. Department of Education released a new guidance document to "help schools and early childhood programs better support students’ behavioral needs." The guidance document, "Using Functional Behavioral Assessments to Create Supportive Learning Environments", focuses on supporting all students whose behaviors impact their learning, regardless of disability status.
- [U.S. Department of Justice Secures Agreement with Maine; Agreement Marks "New Milestone" in DOJ's Enforcement of ADA’s Integration Mandate](https://specialeducationaction.com/u-s-department-of-justice-secures-agreement-with-maine-agreement-marks-new-milestone-in-dojs-enforcement-of-adas-integration-mandate/) - November 26, 2024, U.S. Department of Justice announced an agreement with Maine to address the lawsuit it filed against the state September 9, 2024,
- [Update 12.3.23—Fairfax County Public Schools Trains Staff to Thwart FERPA Requests: Don't Put it in Writing](https://specialeducationaction.com/fairfax-county-public-schools-trains-staff-to-thwart-ferpa-requests-dont-put-it-in-writing/) - 1.9.23: Article first published. 12.3.23: Article updated. Fairfax County Public Schools (FCPS) has a history of training staff to take actions that prevent information being obtained via Freedom of Information Act (FOIA) and Family Educational Rights and Privacy Act (FERPA) requests. Under FERPA, parents have the right to inspect their children's education records. Under FOIA, parents have the right to access other records unrelated to their children as well as records related to their children, which aren't considered educational records. However, if there's nothing in writing, if students names are intentionally changed to initials and/or nicknames, or if staff include lawyers on emails just so they can claim that the records are privileged, neither parents nor students can access them.
- [Office for Civil Rights Issues Guidance to Ensure Artificial Intelligence is Used in Nondiscriminatory Manner](https://specialeducationaction.com/office-for-civil-rights-issues-guidance-to-ensure-artificial-intelligence-is-used-in-nondiscriminatory-manner/) - The Office for Civil Rights released guidance to ensure artificial intelligence (AI) is “used in a nondiscriminatory manner in the nation’s elementary and secondary schools and institutions of higher education consistent with federal civil rights laws.”
- [Accommodation Breakdown: Extended Time](https://specialeducationaction.com/accommodation-break-down-extended-time/) - How is extended time determined? What amount of time is the correct amount? There is no one-size-fits all answer. It depends on the student and it could depend on the class, too. Any number of things could lead to students experiencing fatigue, headaches, eye strain, and/or other struggles that impact them as the day progresses.
- [Office for Civil Rights Releases New Guidance Document: "Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities"](https://specialeducationaction.com/office-for-civil-rights-releases-new-guidance-document-equal-access-to-elementary-and-secondary-education-for-students-who-are-english-learners-with-disabilities/) - Office for Civil Rights Releases New Guidance Document: "Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities" November 12, 2024, U.S. Department of Education's Office for Civil Rights (OCR) released the new guidance document Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities.
- [IEP Progress Reports: What Should Be Reported Vs. What Is Reported](https://specialeducationaction.com/iep-progress-reports-what-should-be-reported-vs-what-is-reported/) - What should be in Individualized Education Program (IEP) progress reports and what actually is in IEP progress reports often are two different things. Imagine it is time for your annual work review. Your employer presents a report that states you didn't make progress, or didn't make enough progress, toward your goals for the year. However, when you read the report, there's no data backing your employer's decision, nor is there a performance plan for moving forward. You don't know why you didn't progress and you don't know what you need to do in order to progress. The same issues occur with IEP progress reports.
- [The Problems with Quarterly IEP Measurements](https://specialeducationaction.com/the-problems-with-quarterly-iep-measurements/) - Whether it is a functional or an academic goal, waiting a quarter is waiting too long, because the goal might need to be adjusted sooner. Why not assess whether the goal needs narrowing or expanding as soon as possible? I've never understood why Individualized Education Programs (IEP) include goals for quarterly measurements. As a parent, if my kids failed to do their chores for a week, I wouldn't wait until the end of the quarter to assess the situation. Why wait an entire quarter to address a problem that's clearly getting worse? Why not assess sooner and narrow the goal until it can be expanded in full—or expand the goal if the student achieves the goal sooner than expected?
- [It's the Law: Comprehensive Evaluations](https://specialeducationaction.com/its-the-law-comprehensive-evaluations/) - Whether your child is receiving an initial evaluation for eligibility or being reevaluated at a later date, the evaluation must be a comprehensive evaluation. In the case of initial evaluations, §300.301(a) of the Individuals with Disabilities Act (IDEA) is your go-to regulation: Each public agency must conduct a full and individual initial evaluation, in accordance with §§300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part.
- [Office for Civil Rights Releases FAQ Guidance Focused on Privacy and Filing Complaints with OCR](https://specialeducationaction.com/office-for-civil-rights-releases-faq-guidance-focused-on-privacy-and-filing-complaints-with-ocr/) - November 14, 2024, U.S. Department of Education's Office for Civil Rights released the new guidance document "Frequently Asked Privacy-Related Questions About Filing a Complaint with OCR". OCR states the document "is intended to respond to questions frequently raised to the U.S. Department of Education (Department), Office for Civil Rights (OCR) by individuals who file complaints and/or contact OCR for technical assistance."
- [Idaho in Noncompliance Third Consecutive Year](https://specialeducationaction.com/idaho-in-noncompliance-third-consecutive-year/) - Idaho in Noncompliance for Third Consecutive Year November 12, 2024, Valerie Williams, Director of U.S. Department of Education's Office of Special Education Programs (OSEP) announced that OSEP issued another Differentiated Monitoring and support (DMS) letter and report to Idaho State Department of Education (ISDE). This marks the third year in a row OSEP has found
- [U.S. Dept. of Education Finds Nevada Department of Education at Fault for Noncompliance with IDEA; USDOE Issues Differentiated Monitoring and Support Findings](https://specialeducationaction.com/u-s-dept-of-education-finds-nevada-department-of-education-at-fault-for-noncompliance-with-idea-usdoe-issues-differentiated-monitoring-and-support-findings/) - U.S. Dept. of Education Finds Nevada Department of Education at Fault for Noncompliance with IDEA; USDOE Issues Differentiated Monitoring and Support Findings Nevada Department of Education (NDE) was found to be in noncompliance with Individuals with Disabilities Education Act (IDEA). October 4, 2024, United States Department of Education (USDOE) Office of Special Education Programs (OSEP) issued a
- [Office for Civil Rights Has “Serious Compliance Concerns” with St. Johns County School District’s (FL) Restraint and Seclusion Practices; School Division Enters Into Resolution Agreement with OCR](https://specialeducationaction.com/office-for-civil-rights-has-serious-compliance-concerns-with-st-johns-county-school-districts-fl-restraint-and-seclusion-practices-school-division-enters-into-resolution/) - One St. Johns County School District (FL) student was restrained 119 minutes. However, the restraint summary the division provided to U.S. Department of Education’s Office for Civil Rights (OCR) for the student stated “restraints he experienced lasted as long as 35 minutes” even though the incident reports “recorded a restraint lasting five times longer—119 minutes.”
- [Helpful Information from FCPS Lawyer John Cafferky, which You Won't Find in VDOE's "Parents' Guide to Special Education Dispute Resolution"](https://specialeducationaction.com/helpful-information-from-fcps-lawyer-john-cafferky-which-you-wont-find-in-vdoes-parents-guide-to-special-education-dispute-resolution/) - In 2008, Virginia Department of Education (VDOE) issued "2008 Parents' Guide to Special Education Dispute Resolution", which included an acknowledgement to long-time Fairfax County Public Schools (FCPS) lawyer John Cafferky on a list of individuals who "contributed to the development of this document and/or who served as a reviewer." Although VDOE released an update in 2010 under the same name, and then released a new guide (with the new title "The Virginia Family's Guide to Special Education") in late October 2023, neither mentioned input from Cafferky, nor did they include the input from Cafferky that is shared below. Hence, it seems fitting that the following advice from Cafferky be considered for a future edition.
- [The Language of IEPs and 504s: The Importance of "All" and "Before"](https://specialeducationaction.com/the-language-of-ieps-and-504s-the-importance-of-all-and-before/) - Imagine your child has the following on his IEP: "The IEP will share reading data with parents on a monthly basis." After six months of meetings, your internal parent alarm starts going off because the data provided by the school doesn't match what you're seeing at home. You submit a FERPA request for all reading data related to your child. The FERPA response provides you negative reading data that the school didn't previous share with you. You want to complain to the school and/or submit a complaint to the state, but . . . The school followed the IEP. It did share reading data on a monthly basis. There wasn't anything in the IEP that stated all data had to be provided.
- [The Language of IEPs and 504s: The Problem with "Engage"](https://specialeducationaction.com/the-language-of-ieps-and-504s-the-problem-with-engage/) - Imagine an IEP with a goal along the lines of the following: Teachers will engage with student to ensure student understands and accurately records all assignments in student's planner. Now imagine attending an IEP meeting at which this goal is being discussed. You push for more details, but the staff member helming the meeting insists that engage means the following: "It’s not that they’re waiting for [the student] to come to them. They’re going to engage with [the student]." What could go wrong?
- [Know This About FAPE](https://specialeducationaction.com/know-this-about-fape/) - FAPE is an acronym for Free Appropriate Public Education. Free Appropriate Public Education is not the definition of FAPE. If you don't know it already, it is time to learn the definition of FAPE. In order to know if the school division and its teachers are providing FAPE, you need to know what it is.
- [Virginia's Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State's Failures](https://specialeducationaction.com/virginias-noncompliance-continues-u-s-dept-of-ed-issues-new-findings-documenting-states-failures/) - Virginia's Noncompliance Continues; U.S. Dept. of Ed. Issues New Findings Documenting State's Failures U.S. Department of Education (USDOE) continues to find Virginia Department of Education (VDOE) in noncompliance with Individuals with Disabilities in Education Act (IDEA). July 18, 2024, USDOE's Office of Special Education Programs (OSEP) issued another status letter to VDOE that addresses the
- [Accommodation Breakdown: Reduced Load](https://specialeducationaction.com/accommodation-breakdown-reduced-load/) - 3.3.21: Article first published. 6.22.23: Article updated. "Reduced Load" is an accommodation that is wordsmithed like a politician's speech. It doesn't matter if your gut reaction to it is good or bad. Either way, you're left wondering what it really means. A reduced load is exactly what it sounds like: it is a reduction of the load the student must address. What's confusing about that?
- [Updated 4.7.24—Virginia in More Hot Water; U.S. Department of Education Issues New Report, Finds VDOE at Fault for More Noncompliance](https://specialeducationaction.com/virginia-in-more-hot-water-u-s-department-of-education-issues-new-report-finds-vdoe-at-fault-for-more-noncompliance/) - March 18, 2024: Article published. April 7, 2024: Article updated. Updated information appears below in bold/red. 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).
- [U.S. Dept. of Justice Files Suit Against Maine for Unnecessarily Segregating Children Who Have Disabilities](https://specialeducationaction.com/u-s-dept-of-justice-files-suit-against-maine-for-unnecessarily-segregating-children-who-have-disabilities/) - The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Maine Monday, September 9th, alleging that the state "is unnecessarily segregating children with behavioral health disabilities in hospitals, residential facilities, and a state-operated juvenile detention facility." DOJ claims "Maine administers its behavioral health service system for children in a manner that gives the families and guardians of these children no meaningful choice other than institutions." The result is hundreds of children segregated from their communities, "miss[ing] the chance to wake up in their own beds, to develop bonds with family and friends, and to go to school with their siblings and peers."
- [Students with Disabilities Arrested and Referred to Police at More Than Double the Rate of Students without Disabilities](https://specialeducationaction.com/students-with-disabilities-arrested-and-referred-to-police-at-more-than-double-the-rate-of-students-without-disabilities/) - Students with Disabilities Arrested and Referred to Police at More Than Double the Rate of Students without Disabilities A new report from Government Accountability Office (GAO) details the findings of GAO's investigation of U.S. Department of Education (USDOE) Office for Civil Rights' (OCR) Civil Rights Data Collection (CRDC) for the 2017-18 school year and of
- [Office for Civil Rights Finds Colonial School District Failed to Provide Equal Access to High Rigor Coursework to Students with Disabilities; Discrepancy in Data Reporting Identified](https://specialeducationaction.com/office-for-civil-rights-finds-colonial-school-district-failed-to-provide-equal-access-to-high-rigor-coursework-to-students-with-disabilities-discrepancy-in-data-reporting-identified/) - Office for Civil Rights Finds Colonial School District Failed to Provide Equal Access to High Rigor Coursework to Students with Disabilities; Discrepancy in Data Reporting Identified July 18, 2024, Office for Civil Rights (OCR) released the findings of its investigation into Colonial School District (CSD) in Delaware. OCR identified failures to provide equal access to
- [Advocacy Alert: FCPS Won't Implement Corrective Actions Required in U.S. Dept of Ed Monitoring Report](https://specialeducationaction.com/advocacy-alert-fcps-wont-implement-corrective-actions-required-in-u-s-dept-of-ed-monitoring-report/) - 6.23.20: The U.S. Department of Education's Office of Special Education Programs (OSEP) issued a Differentiated Monitoring Report about Virginia. For each issue cited, there is an action required by the U.S. DOE—and these actions have 90-day timelines associated with them. However, just because there's a 90 day timeline, doesn't mean the noncompliance can continue during that period. Today, Matthew Schneer from OSEP stated, "any actions or activities by VDOE or its LEAs that are not consistent with IDEA in the interim period will be considered noncompliance and subject to the requirements in 34 C.F.R. § 300.600(e)."
- [Recommended Reading: Anything by John Holt](https://specialeducationaction.com/recommended-reading-anything-by-john-holt/) - I ran into John Holt in a college "Conflict and Negotiation" class. His book "Learning All the Time" sat atop a classmate's satchel, and I found myself straining to see the title of the book with all the colorful handprints. As the class ticked by, and the classmate bumped the bag here and there, the book inched out of its nesting spot and onto the floor. Not long ago, I returned to the books, still on my shelves, and found them speaking to me just as they did all those years ago, and found myself regretting I had slid their messages to the side to make room in my head for everything new I was trying to learn. What follows are a few quotes and examples from John's books, which still speak to me and which might, perhaps, resonate with you, too.
- [FCPS Charges Students Fee to Access Education](https://specialeducationaction.com/fcps-charges-students-fee-to-access-education/) - 7.21.20: Fairfax County Public Schools (FCPS) Superintendent Scott Brabrand announced: "Today, the Fairfax County School Board supported my revised recommendation that we begin the 2020-21 school year with virtual learning for all students. The online school year will begin, as scheduled, September 8." In making this decision, FCPS changed the education point of access from school buildings to computers. 8.5.20: FCPS parents started receiving emails stating there is a maintenance fee for the computers being provided via the FCPSOn program. By charging a fee related to computers it's charging kids to access their education.
- [If Your Child was Administered the Program Language Live, this Article is for You](https://specialeducationaction.com/if-your-child-was-administered-the-program-language-live-this-article-is-for-you/) - This article applies to all the parents of all the students nationwide who were given the program Language Live, even though the examples below pull from Fairfax County Public Schools (FCPS) in Virginia. Language Live is a program that school divisions license from the company Voyager Sopris. FCPS uses Language Live as a tier 3 "comprehensive specialized reading program" for students with Dyslexia. After students were administered the program, starting at Level 2, Unit 7, the publisher advised FCPS, "After we got some initial feedback and data from past implementations, it became clear that if students needed Level 2, they needed all of it. Those students who would have placed in the second part of the level really didn’t need an intervention like LL." Students became data points instead of having their unique needs appropriately addressed.
- [The Best Teachers Lead with Aloha](https://specialeducationaction.com/the-best-teachers-lead-with-aloha/) - Last week, I watched Education Week's “A Seat at the Table”, moderated by Peter DeWitt. One of his guests was Jan Iwase, retired educator and author of "Leading with Aloha: From the Pineapple Fields to the Principal's Office". I was struck and inspired by Jan’s comments about “leading with Aloha”—and I learned that Aloha is so much more than hello or goodbye. The "Spirit of Aloha" is so powerful that it was written into the laws of Hawaii.
- [FOIA Release: FCPS' Jane Strong and VDOE's Samantha Hollins; E-Mails, May 5 and May 13, 2020](https://specialeducationaction.com/foia-release-fcps-jane-strong-and-vdoes-samantha-hollins-emails-may-5-and-may-13-2020/) - These May 5 and May 13, 2020 e-mails were obtained via a Freedom of Information Act (FOIA) request. They are between Jane Strong, director of Fairfax County Public Schools' (FCPS) Office of Special Education Procedural Support, and Samantha Hollins, assistant superintendent of the Virginia Department of Education's (VDOE) Department of Special Education and Student Services. Jane explores using waivers to graduate students who weren't expected to graduate.
- [COVID 19 and FAPE](https://specialeducationaction.com/covid-19-and-fape/) - Are schools required to provide a Free Appropriate Public Education (FAPE) during COVID-19? Let’s start with the United States Departments of Education and IDEA. § 300.17 of IDEA states: "Free appropriate public education or FAPE means special education and related services that—(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324." Sections §§300.320 through 300.324 specifically address meeting the needs of the child, not the needs of the school. COVID-19 did not change the needs of the child. It changed the location at which those needs are addressed.
- [Crisis Management Messaging: Gov. Cuomo's, Gov. Northam's, VDOE's, and FCPS' Staff on "Distance Learning"](https://specialeducationaction.com/crisis-management-messaging-gov-cuomos-gov-northams-vdoes-and-fcps-staff-on-distance-learning/) - "Sorry this got to you and James". —Scott Brabrand, FCPS Superintendent. 4.21.20, Fairfax County Public School (FCPS) Superintendent Scott Brabrand emailed this apology to Donald R. Fairheart, Deputy Superintendent and Chief of Staff, Division of School Quality, Instruction, and Performance, VDOE. James is James Lane, Superintendent of the Virginia Department of Education. His "sorry" followed an email from Alexander Cochran, Special Counsel to the Governor for Federal Affairs, Office of Governor Cuomo, to Stacey Brayboy, Director of the Virginia Office of Intergovernmental Affairs, warning about FCPS' failures to launch.
- [FCPS: "We're Not Using the IEP During Covid-19 . . . Students May Not Be Found Eligible"](https://specialeducationaction.com/fcps-were-not-using-the-iep-during-covid-19-students-may-not-be-found-eligible/) - “. . . we’re not using the IEP during COVID-19â€. —Andrew Guillen, manager due process and special education services This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training†FCPS provided to staff — and just one of many that are cause for concern. The presentation indicates: 1) FPCS did not have IEPs or TLPs in place when their online campus for distance learning launched April 14th. Instead, the day before, staff members were being advised on TLPs.
- [Update on Fairfax County School Board's Legal Action Against Parents](https://specialeducationaction.com/update-on-fairfax-county-school-boards-legal-action-against-parents/) - [This article was updated December 27, 2021, after first being published November 5, 2021, to include "Motion to nonsuit", "Defendants' Response to Plaintiff's Motion for Nonsuit", and "Order to Nonsuit".] September 2021, Fairfax County School Board took legal action against me and fellow Fairfax County Public Schools parent Debra Tisler after we exercised our First Amendment Rights. This article provides an update to the timeline I provided in the article "FCPS Threatens Legal Action Against Parents Who Exercised Their First Amendment Rights And Right To FOIA". You'll find more information about FCPS's history of breaches and failures to stop the breaches, the transcript for the October 22, 2021, hearing, and FCPS's response to VDOE's investigation.
- [U.S. Dept. of Ed Investigates Virginia Dept. of Ed](https://specialeducationaction.com/u-s-dept-of-education-investigates-virginia-dept-of-education/) - June 23, 2020, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released its report on an on-site monitoring visit conducted by OSEP on May 28 and 29 of 2019. Problems identified by OSEP relate to complaints and due process, mediation, independent education evaluations, and overall monitoring failures. It is curious that just two days later, OSEP released its "2020 Determination Letters on State Implementation of IDEA", which lists Virginia as "Meets Requirements". How is it possible for VDOE to receive this rating?
- [Office for Civil Rights Addresses Cancer, Epilepsy, Sickle Cell Disease; Issues Guidance on Medical Conditions Triggering Protections Under Section 504](https://specialeducationaction.com/office-for-civil-rights-addresses-cancer-epilepsy-sickle-cell-disease-issues-guidance-on-medical-conditions-triggering-protections-under-section-504/) - June 20, 2024, Office for Civil Rights released individual guidance on when cancer, epilepsy, and sickle cell disease trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination. In addition, they provide descriptions of the medical conditions and examples of how the conditions can affect a student's experience in school.
- [Justice Department Finds Fulton County School District Failed to Prevent and Respond to Sexual Assault of Students Who Have Disabilities](https://specialeducationaction.com/justice-department-finds-fulton-county-school-district-failed-to-prevent-and-respond-to-sexual-assault-of-students-who-have-disabilities/) - June 24, 2024, U.S. Department of Justice Civil Rights Division (DOJ) released the findings of its investigation into, and resolution agreement with, Fulton County School District (Georgia), addressing violations of Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974. DOJ determined Fulton County Schools "failed to adequately train its employees on responding to student-on-student Sexual Misconduct and lacked clearly defined policies and procedures (including with respect to roles and timelines) for investigating student-on-student Sexual Misconduct and for considering the impact of a student’s disabilities on their ability to consent to sexual activity during such investigations; and failed to offer students adequate supportive measures, ensure that students’ disabilities are effectively accommodated, and effectively communicate with students and their families."
- [Justice Department Finds Utah at Fault for Failing to Provide Effective Transition Services](https://specialeducationaction.com/justice-department-finds-utah-at-fault-for-failing-to-provide-effective-transition-services/) - June 18, 2024, U.S. Department of Justice Civil Rights Division (DOJ) released the findings of its investigation into Utah's statewide violations of the Americans with Disabilities Act (ADA). DOJ determined Utah is violating ADA "by unnecessarily segregating youth and adults with intellectual and developmental disabilities (I/DD) during the day, instead of helping them find work and spend their days in their communities." In addition, it found that gaps in Utah's transition service system put students transitioning out of children's services "at serious risk for unnecessary segregation in these settings", because the students "enter adulthood without the experiences or the services they need to live fully integrated adult lives."
- [FOIA Release: FCPS "TLP Procedural and Instructional Guidance Training" (4.13.20)](https://specialeducationaction.com/foia-release-fcps-tlp-procedural-and-instructional-guidance-training-4-13-20/) - 4.13.20: Video Slideshow accompanying "TLP Procedural and Instructional Guidance Training" presented by Dawn Schaefer, coordinator for due process and eligibility; Andrew Guillen, manager due process and special education services; Kellie Cochran, coordinator for special ed related services. Obtained via FOIA request. Transcript provided by Special Education Action.
- [FCPS Makes Case Against Providing Comp Ed, FAPE, and PWNs](https://specialeducationaction.com/fcps-makes-case-against-providing-comp-ed-fape-and-pwns/) - Virginia Department of Education (VDOE) issued a Notice of Complaint (NOC) in response to a systemic complaint filed on behalf of six Fairfax County Public School (FCPS) students. FCPS's response to the complaint makes a case AGAINST providing compensatory education in response to the cessation of in-person instruction during the 2019-20 school year, based on an argument that schools weren't open and FCPS isn't responsible for closed and/or partial days.
- ["Big 8" Letter Requests Special Education Waivers; Children Put Behind 8 Ball](https://specialeducationaction.com/big-8-letter-requests-special-education-waivers-children-put-behind-8-ball/) - FCPS provided a document saved as "Lane Special Ed Letter", in response to a FOIA request. The letter itself lists one waiver after another related to special education, as divisions "try to navigate the fallout from the COVID-19 pandemic." Instead of requesting more supports to ensure provision of FAPE for students and to help teachers, the letter states, "Our goal is to reduce the administrative burden on special education staff . . . "
- ["Hot Topics"](https://specialeducationaction.com/hot-topics/) - I received this internal "Hot Topics" Region 4 document in response to a FERPA request. I didn't ask for it. When I opened the file, I noticed tracked changes on the document. I clicked them and everything Fairfax County Public Schools (FCPS) incorrectly redacted popped up, to include names of students, their lawyers, monies paid, and so on. The document including concerning information, to include FCPS acknowledging some of the very issues that I and other parents have complained about for year, such as failure to identify special education students, failure to implement programs related to Dyslexia with fidelity, and privacy violations.
- [Virginia Regulation Restricts Parent’s IEE Rights](https://specialeducationaction.com/virginia-regulation-restricts-parents-iee-rights/) - Section 300.502 of IDEA 2004 does not state that the Local Education Agency (LEA) or the State, may 1) set a below-market price cap on the evaluations; 2) place limits on the the type of evaluation and the assessments within the evaluation; 3) nag parents to state the reason for their IEE request or put any other burden upon the parents; or 4) require the IEE provider to edit its evaluation upon request of the LEA or State. However, Fairfax County Public Schools has done all of the above.
- [Fairfax County Public Schools Found at Fault for Systemic Noncompliance: Local Administrative Review/Procedural Safeguards](https://specialeducationaction.com/fairfax-county-public-schools-found-at-fault-for-systemic-noncompliance-local-administrative-review-procedural-safeguards/) - June 6, 2023: Article Published. UPDATE: July 17, 2023, article updated to include Complainant's appeal to a portion of VDOE's Letter of Findings, as well as documents FCPS was required to address in response to the Corrective Action Plan (CAP) required by VDOE. July 12, 2023, in an email to Complainant, VDOE provided Complainant FCPS's CAP Letter to Parents and FCPS's Student Rights & Responsibilities Manual Revisions, as well as CAP Update Letter from VDOE. In its email to Complainant, VDOE said, "Attached are the documents which were included as part of FCPS' Corrective Action. The only portion not included with this email is a list of the students (5) who were the subject of the administrative review. This list is not included as it contains personally identifiable information. The Corrective Action Update letter provided to FCPS is also attached." In a county the size of FCPS, it is surprising that just five students "were the subject of the administrative review." June 6, 2023, Virginia Department of Education found Fairfax County Public Schools at fault for systemic noncompliance regarding FCPS's local administrative review process. The complaint on which VDOE's findings are based was filed April 7, 2023, and alleges FCPS for years misled parents about their procedural safeguards, by leading them to believe a local administrative review within FCPS, done by a hearing officer that is an employee of FCPS, is in compliance with IDEA and implementing state regulations. Hence, parents have taken this local administrative review route, at which there is no impartial hearing officer and no hearing in compliance with IDEA or implementing state regs. In addition, the complaint alleges FCPS believes it can operate outside of federal and implementing state regs by forwarding an appeal option that 1) is not in compliance with IDEA, Sec 504, or VAC, and 2) by its own existence in FCPS's student rights & responsibility manual, and on the FCPS site, falsely lead parents to believe that they are accessing procedural safeguards under federal and state implementing regs.
- [VDOE Finds FCPS at Fault for Systemic Failure to Implement IEPs; FCPS Must Address Delays in Providing Compensatory Education and Reimbursable Expenses](https://specialeducationaction.com/vdoe-finds-fcps-at-fault-for-systemic-failure-to-implement-ieps-fcps-must-address-delays-in-providing-compensatory-education-and-reimbursable-expenses/) - Fairfax County Public Schools (FCPS) is at fault for systemic failure to implement IEPs division wide. A Letter of Findings (LOF) released today by Virginia Department of Education (VDOE) cites FCPS' failures to provide compensatory education and reimbursable expenses in a timely manner consistent with IEP implementation regulations. What Do Parents Need to Know? In both cases, the reimbursable expenses and compensatory education are related to FCPS' November 30, 2022, resolution agreement with Office for Civil Rights (OCR). Although the findings address the families who joined the systemic complaint, neither VDOE nor FCPS can ignore noncompliance faced by other families.
- [17 Years of Independent Educational Evaluation Noncompliance: Virginia Department of Education Fails Students and to Perform Its General Supervisory Duties](https://specialeducationaction.com/17-years-of-noncompliance-virginia-department-of-education-fails-students-and-to-perform-its-general-supervisory-duties/) - For at least 17 years, Virginia Department of Education has failed to ensure compliance with IDEA and state IEE special education regulations. During the last four years, VDOE has failed to ensure that all local education agencies statewide have implemented the changes required by U.S. Department of Education's Office of Special Education Programs findings in its June 23, 2020, differentiated monitoring and support report on VDOE.
- [Prince William County Public Schools Found at Fault for Systemic Noncompliance; Must Change Independent Educational Evaluation Practices](https://specialeducationaction.com/prince-william-county-public-schools-found-at-fault-for-systemic-noncompliance-must-change-independent-educational-evaluation-practices/) - May 3, 2024, Virginia Department of Education (VDOE) found Prince William County Public Schools (PWCPS) at fault for failure to implement federal and state special education regulations at a systemic level. VDOE identified four counts of noncompliance related to PWCPS' division-wide independent educational evaluation (IEE) practices, to include failure to follow U.S. Department of Education's (USDOE) June 2020 required changes to Virginia Administrative Code (VAC).
- [FOIA Release: Fairfax County Public Schools’ 4.1.20 Special Education Department Chair and 504 Meeting](https://specialeducationaction.com/foia-release-fairfax-county-public-schools-4-1-20-special-education-department-chair-and-504-meeting/) - The video, video chat, and video transcript in this article are from Fairfax County Public Schools’ (FCPS) 4.1.20 Special Education Chair and 504 Meeting.
- [The $60,825 Question: Should Fairfax County Public Schools Invest in Special Education or Pay Hazardous Waste Management Fines?](https://specialeducationaction.com/the-60825-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.
- [Fairfax County Students & Educators in Crisis; FCPS Delays Release of Damning Data](https://specialeducationaction.com/fairfax-county-students-fcps-delays-release-of-damning-data/) - Fairfax County Public Schools educators and students are in crisis as FCPS withholds damning data from the public and students with disabilities continue to be disproportionately disciplined. Data collected from a survey of administrators and staff at FCPS's five day schools—Burke, Cedar Lane, Key Center, Kilmer School, Quander Road—indicates the schools are understaffed, under-resourced, and woefully unable to meet the academic, functional, and behavioral needs of their students. In addition, staff are struggling on a day-to-day basis with their workloads, while simultaneously being concerned about the safety of the students and of themselves.
- [Fairfax County Public Schools Provided False Information to Office for Civil Rights](https://specialeducationaction.com/fairfax-county-public-schools-provided-false-information-to-office-for-civil-rights/) - Fairfax County Public Schools provided Office for Civil Rights false information in response to an OCR investigation. 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.
- [Same Story, Different Year: Virginia Department of Education's "Monitoring" Fails to Identify and Address Noncompliance, Fairfax County Public Schools Withholds Information](https://specialeducationaction.com/same-story-different-year-virginia-department-of-educations-monitoring-fails-to-identify-and-address-noncompliance-fairfax-county-public-schools-withholds-information/) - In 2020, Virginia Department of Education failed to stop the noncompliance occurring in Fairfax County Public Schools (FCPS), and in other districts across the state. In 2023, the story remains the same.
- [Do This First](https://specialeducationaction.com/do-this-first/) - School paperwork breeds faster and in greater quantities than rabbits. Buy a dozen binders and document separators, and file everything. That's my big piece of advice to parents — that and stay calm. Navigating the special education system is stressful on its own. While being organized won't eliminate the stress, it will tilt it toward resting between the stressful and stress-free zones.
- [What Is Predetermination?](https://specialeducationaction.com/what-is-predetermination/) - In the space of K-12 education, predetermination occurs when a local education agency (LEA) pre-determines decisions related to a student prior to the development of an IEP and regardless of any data and/or any other type of input from parents, which parents might provide during IEP meetings.
- [UPDATED 3.29.24—VDOE to Investigate Fairfax County Public Schools for Systemic Noncompliance; District Fails to Implement IEPs in a Timely Manner](https://specialeducationaction.com/vdoe-to-investigate-fairfax-county-public-schools-for-systemic-noncompliance-district-fails-to-implement-ieps-in-a-timely-manner/) - Fairfax County Public Schools (FCPS), Virginia, again finds itself the focus of a systemic noncompliance investigation. 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.
- [U.S. Dept. of Education Puts Virginia on Notice: Get into Compliance or Face Sanctions](https://specialeducationaction.com/u-s-dept-of-education-puts-virginia-on-notice-get-into-compliance-or-face-sanctions/) - ***BREAKING NEWS*** Just weeks before Jillian Balow announced her resignation as Virginia Superintendent of Public Education, United States Department of Education Office of Special Education Programs put Virginia Department of Education on Notice: Get into compliance or face sanctions. In a January 17, 2023, letter from USDOE OSEP to Balow (obtained today via a FOIA request), USDOE OSEP warned VDOE: "If VDOE is unable to demonstrate full compliance with the IDEA requirements identified in OSEP’s monitoring report, this could result in the imposition of Specific Conditions on VDOE’s IDEA Part B grant award and could affect VDOE’s determination under section 616(d) of IDEA."
- [Due Process Hearing Officer Orders Private College Prep School Placement for Student; Parents and Student Prevail in Rare Virginia Decision](https://specialeducationaction.com/due-process-hearing-officer-orders-private-college-prep-school-placement-for-student-parents-and-student-prevail-in-rare-virginia-decision/) - February 29, 2024, two Virginia parents and their student prevailed in a due process hearing against Prince William County Public Schools (PWCPS). 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.
- [Dept. of Justice Finds Florida School District Discriminated Against Students with Disabilities; Routinely Relied on Suspensions and Referrals to Law Enforcement](https://specialeducationaction.com/dept-of-justice-finds-florida-school-district-discriminated-against-students-with-disabilities-routinely-relied-on-suspensions-and-referrals-to-law-enforcement/) - March 5, 2024, U.S. Department of Justice (USDOJ) released the findings of its investigation into Pasco County Public Schools (PCPS) and its settlement agreement with PCPS. The investigation focused on the 2018-19, 2019-20, 2020-21, and 2021-22 school years and concluded PCPS discriminated against students who have disabilities when it "routinely relied on suspensions and referrals to law enforcement to respond to students’ disability-related behaviors that could have been addressed through proper behavioral interventions and supports."
- [VDOE Orders FCPS to Stop Delaying Provision of Compensatory Education and Reimbursable Expenses; IEPs Addressing Office for Civil Rights Findings Must Be Implemented](https://specialeducationaction.com/vdoe-orders-fcps-to-stop-delaying-provision-of-compensatory-education-and-reimbursable-expenses-ieps-addressing-office-for-civil-rights-findings-must-be-implemented/) - For over a year, Fairfax County Public Schools (FCPS) has refused to fully implement consented to portions of Individualized Education Plans (IEPs) — and treated the implementation of IEPs on a first-come, first-served basis. That stops now.
- [Sample State Complaint: Noncompliance of Evaluation Timeline and FAPE](https://specialeducationaction.com/sample-state-complaint-noncompliance-of-evaluation-timeline-and-fape/) - The is a complaint that was submitted to the Virginia Department of Education (VDOE). VDOE found Fairfax County Public Schools (FCPS) in noncompliance. VDOE's Letter of Findings, in which it stated FCPS's noncompliance is included, following the complaint.
- [It's the Law: IEP Implementation](https://specialeducationaction.com/its-the-law-iep-implementation/) - IEPs are contracts. IEPs are the responsibility of the school to implement from day one of the school year. If you run into issues with the date of implementation and implementation by teachers, you'll want to look at some of these regulations.
- [Office for Civil Rights Addresses Asthma, Diabetes, Food Allergies, and GERD; Issues Guidance on Medical Conditions Triggering Protections Under Section 504](https://specialeducationaction.com/office-for-civil-rights-addresses-asthma-diabetes-food-allergies-and-gerd-issues-guidance-on-medical-conditions-triggering-protections-under-section-504/) - February 20, 2024, Office for Civil Rights (OCR) released individual guidance documents on asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD). The documents address how these medical conditions "can be disabilities for purposes of Section 504 . . . when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination." In addition, they provide descriptions of the medical conditions and examples of how the conditions can affect a student's experience in school.
- [IEP Teams Must Consider Assistive Technology Devices and Services Every Time a Student's IEP is Developed, Reviewed, or Revised](https://specialeducationaction.com/iep-teams-must-consider-assistive-technology-devices-and-services-every-time-a-students-iep-is-developed-reviewed-or-revised/) - Assistive technology (AT) devices and services must be considered every time a student's IEP is developed, reviewed, or revised. U.S. Department of Education (USDOE) clears up misconceptions about this requirement in its new guidance document "Myths and Facts Surrounding Assistive Technology Devices and Services" and the "Dear Colleague" letter accompanying it.
- [It's the Law: Assistive Technology Devices and Services](https://specialeducationaction.com/its-the-law-assistive-technology-devices-and-services/) - Both IDEA and Section 504 guarantee a Free Appropriate Education (FAPE). This includes assistive technology devices and services. Examples include: * A laptop that 1) scans worksheets, which the student can then type on (because typing might be easier than writing), and 2) can be used to take pictures of the front board, notes, or any other information the child needs. * A computer with a screen reader, to help with literacy * Access to Learning Ally and other sources for audiobooks * Noise-cancelling head-phones *Voice-recognition software If your child needs assistive technology devices or services, under both IDEA and Section 504, your child has the right to be provided them.
- [It's the Law: Confidentiality and Access of Student Records](https://specialeducationaction.com/its-the-law-confidentiality-and-access-of-student-records/) - The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student records and provides rights to parents and students to access those records. Under the Individuals with Disabilities Education Act (IDEA) there are additional confidentiality and access protections. This article includes a few examples of noncompliance, with which you might not be familiar, as well as your go-to regulations should you need them.
- [How to Submit a FERPA Request](https://specialeducationaction.com/how-to-submit-a-ferpa-request/) - The Family Educational Rights and Privacy Act (FERPA) protects confidentiality of students' education records and their rights to full access to those records, to include the right to review and respect the records.
- [Samantha Hollins Prohibits Recording of Resolution Meeting; Hangs Up on Parent](https://specialeducationaction.com/samantha-hollins-prohibits-recording-of-resolution-meetings-hangs-up-on-parent/) - July 13, 2020: Article first published. January 23, 2023: Republished with new introduction (see italics below). January 24, 2020, Samantha Hollins, assistant superintendent of VDOE's Department of Special Education and Student Services, provided incorrect guidance on the recording of resolution meetings. She first indicated that there is a Virginia regulation prohibiting the recording of resolution meetings. Not true.
- [FCPS’s Legal Actions Are A Sideshow; Please Focus On The Children](https://specialeducationaction.com/fcpss-legal-actions-are-a-side-show-please-focus-on-the-children/) - Many of you have heard by now that Fairfax County Public Schools has taken legal actions against me and another parent. I’m in awe of the kindness and overwhelming support that complete strangers have shared in the past few days. It’s extraordinary — and truly appreciated. The journalists, parents, lawyers, advocates for children, advocates for free speech, and so many others. One Comment: FCPS's legal actions are a sideshow. Please don't let them distract you from much bigger stories.
- [U.S. Dept. of Education Issues Assistive Technology Guidance; Dispels Myths and Underscores Importance of Reducing Barriers to Education](https://specialeducationaction.com/u-s-dept-of-education-issues-assistive-technology-guidance-dispels-myths-and-underscores-importance-of-reducing-barriers-to-education/) - U.S. Department of Education's (USDOE) new guidance documents debunk myths about the provision of assistive technology (AT) services and devices to students and underscores the importance of reducing barriers to education. Released January 22, 2024, "Myths and Facts Surrounding Assistive Technology Devices and Services" and the "Dear Colleague" letter accompanying it provide long-needed guidance addressing the important role technology plays in ensuring all learners are afforded "meaningful access and engagement in education".
- [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](https://specialeducationaction.com/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/) - June 26, 2023, U.S. Department of Education released its annual determination letters. 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.
- [U.S. Department of Justice Finds Lincoln Public Schools Discriminates Against Deaf and Hard of Hearing Students](https://specialeducationaction.com/u-s-department-of-justice-finds-lincoln-public-schools-discriminates-against-deaf-and-hard-of-hearing-students/) - February 14, 2024, the U.S. Department of Justice (DOJ) announced that "Lincoln Public Schools (LPS) in Lincoln, Nebraska, violated the Americans with Disabilities Act (ADA) by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools."
- [U.S. Dept. of Education Addresses IDEA Noncompliance in Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas](https://specialeducationaction.com/u-s-dept-of-education-addresses-idea-noncompliance-in-florida-idaho-michigan-montana-new-jersey-new-york-and-texas/) - United States Department of Education (USDOE) Office of Special Education Programs (OSEP) issued differentiated monitoring support (DMS) reports and/or letters for Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas, addressing findings of noncompliance with Part B and/or Part C of Individuals with Disabilities Education Act (IDEA). OSEP monitors all IDEA Part C and B programs through its DMS system and "differentiates its approach for each state based on the state's unique strengths, progress, challenges, and needs." This cyclical monitoring process focuses on states' general supervision systems. OSEP will continue to provide support and technical assistance that is differentiated based on each state’s needs.
- [U.S. Department of Education Finds Alaska, Arkansas, and New York in Noncompliance; Issues Differentiated Monitoring Support Findings](https://specialeducationaction.com/u-s-department-of-education-finds-alaska-arkansas-and-new-york-in-noncompliance-issues-differentiated-monitoring-support-findings/) - U.S. Dept of Education issued differentiated monitoring support reports for Alaska, Arkansas, and New York, finding all three states in noncompliance with Part B of Individuals with Disabilities Education Act (IDEA).
- [U.S. Dept. of Education Releases Monitoring Close-Out Letters for Bureau of Indian Affairs, Louisiana, New Jersey, North Carolina, South Carolina, and Texas](https://specialeducationaction.com/u-s-dept-of-education-releases-monitoring-close-out-letters-for-bureau-of-indian-affairs-louisiana-new-jersey-north-carolina-south-carolina-and-texas/) - U.S. Department of Education (U Office of Special Education Programs released Differentiated Monitoring and Support close-out letters under IDEA Part B for Bureau of Indian Education, Louisiana, North Carolina, and Texas, and under IDEA Part C for New Jersey, South Carolina, and Texas. The letters were issued between 2021 and May 2023, however OSEP waited until the past two months to publicly release them on USDOE's website. They detail years of monitoring, corrective actions required by OSEP, continued noncompliance, and the states eventually satisfying the action required by OSEP. However, in states like North Carolina and Texas there are a few caveats. caveats.
- [U.S. Department of Education Releases Update on Arkansas Monitoring; Noncompliance Continues in 8 out of 9 Areas Identified](https://specialeducationaction.com/u-s-department-of-education-releases-update-on-arkansas-monitoring-noncompliance-continues-in-8-out-of-9-areas-identified/) - July 5, 2023, U.S. Department of Education Office of Special Education Programs issued a "close-out letter" to Arkansas Division of Developmental Disabilities Services, regarding OSEP's IDEA Part C Monitoring of Arkansas. Although OSEP characterizes such letters as "close-out" letters, they are more status reports than close-out letters, since the latter infers close-out of all monitoring, rather than one of nine issues being closed out in this case, with eight of nine remaining in noncompliance.
- [Virginia Remains Outlier as U.S. Dept. of Education Announces Close-Out of Monitoring in Arizona, Delaware, Florida, Hawaii, and Arizona](https://specialeducationaction.com/virginia-remains-outlier-as-u-s-dept-of-education-announces-close-out-of-monitoring-in-arizona-delaware-florida-hawaii-and-arizona/) - March 27, 2023, U.S. Department of Education (USDOE) publicly released the status of various monitoring activities, citing closure of monitoring of Arizona, Delaware, Florida, Hawaii, and Arizona, and expanded monitoring of Virginia. USDOE announced monitoring of Hawaii in 2019; of Arizona, Florida, and Virginia in 2020; and of Delaware in 2021. USDOE closed out monitoring of four of the five states within one-to-three years. In the case of Virginia, it is on track to take more than three years to come into compliance with Individuals with Disabilities in Education Act (IDEA).
- [(7.8.22 Update) Fairfax County School Board Heads to Court Over FOIA Request; Delays Publishing of Office of Civil Rights Investigation Records](https://specialeducationaction.com/fairfax-county-school-board-heads-to-court-over-foia-request-delays-publishing-of-office-of-civil-rights-investigation-records/) - July 8, 2022: Article updated to include FCSB's Demurrer and Motion to Dismiss, additional information about the court case, correspondence, and responsive records provided by FCPS. June 10, 2022, article updated to include new information, to include information about retaliation and the scheduled hearing date. June 2, 2022: Article first published. Fairfax County School Board is headed to court over a Freedom of Information Act request. This is the second time in nine months that FCSB's FOIA-response-related actions (and inactions) have resulted in SpecialEducationAction.com being prevented from publishing internal Fairfax County Public Schools documents. In addition, FOIA'd documents related to the first case apply to the case at hand. In the case at hand, the FOIA'd records relate to the United States Department of Education Office of Civil Rights' investigation into Fairfax County Public Schools, which it announced January 12, 2021, along with its intention to investigate Los Angeles Unified School District and Seattle Public Schools.
- [Office of Civil Rights Finds Fairfax County Public Schools in Noncompliance; FCPS Must Provide Compensatory Education to Students](https://specialeducationaction.com/office-of-civil-rights-finds-fairfax-county-public-schools-in-noncompliance-fcps-must-provide-compensatory-education-to-students/) - November 30, 2022, the Office of Civil Rights (OCR) announced Fairfax County Public Schools (FCPS) is at fault for civil rights violations and OCR released the resolution reached following its investigation of FCPS. This follows OCR's January 12, 2021, announcement that it would investigate FCPS, Los Angeles Unified School District (LAUSD), and Seattle Public Schools.
- [Office of Civil Rights Finds Los Angeles Unified School District in Noncompliance, LAUSD Must Provide Compensatory Education to Students](https://specialeducationaction.com/office-of-civil-rights-finds-los-angeles-unified-school-district-in-noncompliance-lausd-must-provide-compensatory-education-to-students/) - April 28, 2022, the Office of Civil Rights announced Los Angeles Unified School District is at fault for civil rights violations and OCR released the resolution reached following its investigation of LAUSD. This follows OCR's January 12, 2021, announcement that it would investigate LAUSD, Fairfax County Public Schools (Virginia), and Seattle Public Schools.
- [VDOE and FCPS Failing Streak: Seven Years of Failing to Prevent Inadvertent Disclosure](https://specialeducationaction.com/vdoe-and-fcps-failing-streak-seven-years-of-failing-to-prevent-inadvertent-disclosure/) - For at least seven years, Fairfax County Public Schools (FCPS) and Fairfax County School Board (FCSB) have failed to take sufficient precautions 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: VDOE Opens Systemic Complaint on FCPS: Denial of FAPE to Preschool, Honors, Foreign Language, and Day School Students](https://specialeducationaction.com/vdoe-opens-systemic-complaint-on-fcps-denial-of-fape-to-preschool-honors-foreign-language-and-day-school-students/) - June 1, 2023: Article first published. July 13, 2023: Article updated to include additional information Complainant submitted to VDOE; FCPS's response to Complaint's state complaint; and the timeline extension letter VDOE issued itself July 10, 2023, one day before VDOE's Letter of Findings was due. VDOE set September 15, 2023, as the new due date. September 18, 2023: Article updated to include VDOE's second timeline extension letter, in which it changed its timeline from September 15 to October 31, 2023, as well as additional evidence provided to FCPS by Complainant. May 23, 2023, Virginia Department of Education opened another systemic complaint investigation into Fairfax County Public Schools, in response to a complaint filed May 12, 2023. The complaint alleges FCPS is at fault for systemic failures to provide FAPE, to include but not limited to failure to address the unique academic, behavioral and functional needs of its students; failures to appropriately place students; and failures to provide services to students who elect to enroll in Honors classes.
- [Washington Failed to Provide Adequate Oversight of ARP ESSER Plans and Spending; U.S. Dept. of Education Office of Inspector General Releases Investigation Findings](https://specialeducationaction.com/washington-failed-to-provide-adequate-oversight-of-arp-esser-plans-and-spending-u-s-dept-of-education-office-of-inspector-general-releases-investigation-findings/) - U.S. Department of Education (USDOE) Office of Inspector General (OIG) found Washington Office of Superintendent of Public Instruction (WOSPI) failed to have an adequate oversight process in place to ensure that 1) local educational agencies’ (LEA) American Rescue Plan (ARP) Elementary and Secondary School Emergency Relief (ESSER) plans met applicable requirements and 2) LEAs use ARP ESSER funds in accordance with applicable requirements and their approved LEA ARP ESSER plans.
- [VDOE FOIA Response: VDOE's 6.23.23 and 8.28.23 Warnings to Powhatan County Public Schools; Comply with IDEA or Face Sanctions](https://specialeducationaction.com/vdoe-foia-response-vdoes-6-23-23-and-8-28-23-warnings-to-powhatan-county-public-schools-comply-with-idea-or-face-sanctions/) - VDOE FOIA Response: VDOE's 6.23.23 and 8.28.23 Warnings to Powhatan County Public Schools; Comply with IDEA or Face Sanctions Virginia Department of Education (VDOE) issued two letters to Powhatan County Public Schools (PCPS), warning PCPS that it was facing sanctions, such as having federal funding pulled, if it didn't come into compliance with Individuals with
- [VDOE FOIA Response: Fairfax and Powhatan County Public Schools Core Special Education Assessment Data Collection](https://specialeducationaction.com/vdoe-foia-response-fairfax-and-powhatan-county-public-schools-core-special-education-assessment-data-collection/) - Virginia Department of Education (VDOE) provided its collection data for Fairfax County Public Schools (FCPS) and Powhatan County Public Schools (PCPS) in response to a June 20, 2023, FOIA request for the following: "Please provide me the summary reports for VDOE’s Core Special Education Assessment results for Fairfax County Public Schools. An example is attached for reference. Please search the period of 2019-today.
- [FCPS FOIA Response: "COVID-19 Compensatory Education Update" and "COVID-19 Compensatory Education Service Delivery Models"](https://specialeducationaction.com/fcps-foia-response-covid-19-compensatory-education-update-and-covid-19-compensatory-education-service-delivery-models/) - June 13, 2023, Michelle Boyd, FCPS' former Assistant Superintendent, Department of Special Services, spoke at the monthly Advisory Committee for Students with Disabilities meeting and stated Office for Civil Rights provided FCPS additional guidance. Boyd stated she would be releasing it to principals either that night or the next day, in addition to sending it to ACSD members. A FOIA request was submitted to obtain the guidance document. After receiving Boyd's June 14, 2023, guidance email to FCPS staff, another FOIA request was submitted, to obtain access to documents hyperlinked within Boyd's email.
- [VDOE Opens Systemic Complaint Investigation into FCPS; Complaint Alleges FCPS' Academic Record Policies are in Noncompliance with State and Federal Regulations](https://specialeducationaction.com/vdoe-opens-systemic-complaint-investigation-into-fcps-complaint-alleges-fcps-academic-record-policies-are-in-noncompliance-with-state-and-federal-regulations/) - VDOE Opens Systemic Complaint Investigation into FCPS; Complaint Alleges FCPS' Academic Record Policies are in Noncompliance with State and Federal Regulations October 6, 2023, Virginia Department of Education (VDOE) opened a systemic complaint investigation into Fairfax County Public Schools (FCPS). The complaint alleges systemic noncompliance regarding student education records and outlines the following: 1. 611(b)
- [VDOE Guided School Divisions Statewide to Engage in Discrimination; Office for Civil Rights and VDOE Enter Into Resolution Agreement](https://specialeducationaction.com/vdoe-guided-school-divisions-statewide-to-engage-in-discrimination-office-for-civil-rights-and-vdoe-enter-into-resolution-agreement/) - Office for Civil Rights determined Virginia Department of Education discriminated against thousands of students who have disabilities during its Spring 2023 field testing.
- [VDOE FOIA Response: Email from Superintendents of Virginia's "Big 8" to VDOE Superintendent of Public Instruction James Lane](https://specialeducationaction.com/vdoe-foia-response-email-from-superintendents-of-virginias-big-8-to-vdoe-superintendent-of-public-instruction-james-lane/) - FOIA response for letters from the superintendents of Virginia's eight largest school districts to VDOE's then-Superintendent of Public Instruction James Lane.
- [Virginia Department of Education Emergency Guidance, Plans, and Training](https://specialeducationaction.com/virginia-department-of-education-emergency-guidance-plans-and-training/) - This page will feature documents, videos, and other assets created by—and/or related to—Virginia Department of Education, in an effort to ensure they're available for future learning—and to ensure we don't forget best practices created and mistakes already made.
- [Fairfax County Public Schools Emergency Guidance, Plans, and Training](https://specialeducationaction.com/fairfax-county-public-schools-emergency-guidance-plans-and-training/) - Documents, videos, and other assets created by Fairfax County Public Schools, collected in an effort to ensure they're available for future learning—and to ensure we don't forget best practices created and mistakes already made.
- [U.S. Department of Education Emergency Guidance, Plans, and Training](https://specialeducationaction.com/u-s-department-of-education-emergency-guidance-plans-and-training/) - Documents, videos, and other assets created by the U.S. Department of Education's various agencies, collected in an effort to ensure they're available for future learning—and to ensure we don't forget best practices created and mistakes already made.
- [FCPS FOIA Response: How FCPS Ascertains the Prevailing rate for IEE Assessments and Written Guidelines for Independent Education Evaluations](https://specialeducationaction.com/fcps-foia-response-how-fcps-ascertains-the-prevailing-rate-for-iee-assessments-and-written-guidelines-for-independent-education-evaluations/) - In 2019, a Fairfax County Public Schools parent submitted a FOIA request for "Information on how FCPS ascertained the prevailing rate for IEE assessments within the Washington DC metro area as written on your Guidelines for Independent Education Evaluations."
- [VDOE FOIA Response: VDOE 2022 Monitoring of FCPS](https://specialeducationaction.com/vdoe-foia-response-vdoe-2022-monitoring-of-fcps/) - June 22, 2023, the following FOIA request was submitted to Virginia Department of Education: "Please provide me VDOE’s Summary Report of the Review of the Provision of Special Education in FCPS." June 30, 2023, VDOE responded by providing the report below. In a separate FOIA response, VDOE provided the data collection spreadsheets associated with the report.
- [Writing Goals: The Problem with "Measured Quarterly"](https://specialeducationaction.com/writing-goals-the-problem-with-measured-quarterly/) - Quarterly measurements invite skewed and misleading data. Imagine the following goal is being proposed for your student: "Given content-area vocabulary (English, History, Science, Math), STUDENT will earn 85% accuracy on 3 out of 4 vocabulary assessments per quarter." In the case of vocabulary, students are provided content-area vocabulary on a daily basis. Depending on the type of assessment (more on this below), the student could be assessed on vocabulary once-to-a-few times a week during each grading quarter. Which assessments count toward the goal? The first four consecutively administered assessments? The last four consecutively administered assessments? Four randomly chosen assessments administered throughout the grading quarter? Four cherry-picked assessments administered throughout the grading quarter?
- [What's New in Fairfax County Public Schools? Legal Invoices, Court Cases, Noncompliance, Closed Meeting Minutes, Toxic Emails, and the Failure to Secure the Privacy of 35,000+ Students](https://specialeducationaction.com/whats-new-in-fairfax-county-public-schools-legal-invoices-court-cases-noncompliance-closed-meeting-minutes-toxic-emails-and-the-failure-to-secure-the-privacy-of-35000-students/) - What's New in Fairfax County Public Schools? Legal Invoices, Court Cases, Noncompliance, Closed Meeting Minutes, Toxic Emails, and the Failure to Secure the Privacy of 35,000+ Students Fairfax County Public School (FCPS) included unredacted records for over 35,000 students within my own kids' educational records. Since 2016, I've warned FCPS about privacy violations. In 2017,
- [Updated 11.1.23—16 Years of Independent Educational Evaluation Noncompliance: Virginia Department of Education Fails Students and to Perform Its General Supervisory Duties](https://specialeducationaction.com/16-years-of-noncompliance-virginia-department-of-education-fails-students-and-to-perform-its-general-supervisory-duties/) - 11.1.23: Article updated to include FCPS staff's internal emails about how they made a decision to deny payment of an IEE in full at public expense. (See Lowballing Rates section below.) For at least sixteen years, Virginia Department of Education (VDOE) and Fairfax County Public Schools (FCPS) failed to ensure compliance with Individuals with Disabilities Education Act (IDEA) and implementing Virginia regulations. In 2007, FCPS refused to fund Independent Educational Evaluations (IEE) at public expense and refused to file due process to defend its refusals to fully fund IEEs at public expense. An FCPS parent filed a state complaint and, in 2008, VDOE found FCPS at fault for failure to comply with IDEA and implementing Virginia regulations regarding IEEs. During the 16 years that followed the 2007 complaint filing, the same noncompliance continued in FCPS and other Virginia local education agencies (LEAs).
- [FCPS Knew Reading Program Wasn't Intensive Enough for Students Who Have Dyslexia, Proposed it Anyway](https://specialeducationaction.com/fcps-knew-reading-program-wasnt-intensive-enough-for-students-who-have-dyslexia-proposed-it-anyway/) - Fairfax County Public Schools (FCPS) knew that a program it proposed for years division wide, for students who have Dyslexia, is not intensive enough for students who have Dyslexia. Yet, even though parent after parent expressed concerns about their students not progressing and/or about the appropriateness of the program—and at least two went so far as to file for due process—FCPS continued to propose it. September 1, 2020, FCPS' long-time lawyer John Cafferky emailed the following to FCPS staff, regarding an upcoming due process hearing for a student who has Dyslexia:
- [UPDATED 11.20.23—VDOE FOIA Response: Independent Evaluations of Virginia Department of Education's Special Education Program](https://specialeducationaction.com/vdoe-foia-response-independent-evaluations-of-virginia-department-of-educations-special-education-program/) - *Thank you to the three parents who submitted FOIA requests for this information and shared it with Special Education Action. 10.8.23: Article first published. 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.
- [Updated 11.21.23—FOIA: Virginia Department of Education State Complaint Tracking Logs, 2014-2023](https://specialeducationaction.com/foia-virginia-department-of-education-state-complaint-tracking-logs-2014-2023/) - November 8, 2023, I included a request for volunteers in the article below. I'd like to thank the volunteer who helped pull together the data provided by VDOE, for 2014-15, 2015-16, 2016-17, and 2017-18. 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. --- 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 12.13.23—Pro Tip: Don't Believe Everything Fairfax County Public Schools Tells You](https://specialeducationaction.com/pro-tip-dont-believe-everything-fairfax-county-public-school-tells-you/) - This article was published 12.12.23. It was updated 12.13.23 to include the message from Superintendent Michelle Reid, which FCPS posted to its site on 12.12.23. 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.
- [Breaking with FCPS Tradition, Superintendent Michelle Reid Chooses Systemic Change Instead of Staying the Course](https://specialeducationaction.com/breaking-with-fcps-tradition-superintendent-michelle-reid-chooses-systemic-change-instead-of-staying-the-course/) - Superintendent Michelle Reid just did what no FCPS superintendent or school board member has ever done (at least not to my knowledge). 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;
- [Culture of Cover-Up Continues in FCPS; Superintendent Admits Systemic Problem, Staff Testify Otherwise to VDOE](https://specialeducationaction.com/culture-of-cover-up-continues-in-fcps-superintendent-admits-systemic-problem-staff-testify-otherwise-to-vdoe/) - The more things change, the more things stay the same in Fairfax County Public Schools (FCPS). 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.
- [Why did HO Morgan Brooke-Devlin Work Out of the Office of Blankingship & Keith During a Due Process Hearing?](https://specialeducationaction.com/why-did-ho-morgan-brooke-devlin-work-out-of-the-office-of-blankingship-keith-during-a-due-process-hearing/) - Due Process Hearings are supposed to be impartial—at least that’s what federal regulations state (See §300.511). Does the Following Smell Neutral? Virginia Hearing Officer Morgan Brooke-Devlin worked in a Blankingship & Keith office during a due process hearing for which she was assigned to be the hearing officer. In addition to its lawyers being bcc’d on e-mails from teachers to students, Blankingship & Keith lawyers, among other things, represent school divisions during due process hearings.
- [Fairfax County Public Schools Leaked Its Own Legal Invoices](https://specialeducationaction.com/fairfax-county-public-schools-leaked-its-own-legal-invoices/) - [This article was first published September 24, 2021. September 30, 2021, a Fairfax County Judge ordered that Debra Tisler and I not disseminate the materials she received in response to a FOIA request. I took down the article, which included documents from the FOIA response. This came after Fairfax County School Board (FCSB) took legal action against me and Debra. Today, November 16, 2021, after over a month of Debra and I being censored, Judge Richard Gardiner struck down FCSB's unconstitutional attempts to shut down our speech. Hence, this article is live again. Not exactly a breach of children's or personnel privacy as FCSB tried to indicate, is it?] 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
- [FCPS IEP Meeting: "Just Words" not Endorsed for Dyslexia, FCPS Dyslexia Training of Teachers Slow, Not "At the Rate that We Need It"](https://specialeducationaction.com/fcps-iep-meeting-just-words-not-endorsed-for-dyslexia-fcps-dyslexia-training-of-teachers-slow-not-at-the-rate-that-we-need-it/) - "How are we going to train all these teachers in Fairfax, you know, at the rate that we need it? We need to build that capacity. Some teachers are going to struggle even with Orton Gillingham, because it does require teachers to be very prescriptive and, well diagnostic first and then prescriptive in how they tailor their lessons." ~Dottie Skrincosky, Fairfax County Dyslexia Resource, Region 5 Point of Contact, Intervention and Accommodation This is a partial transcript of an IEP meeting that occurred toward the end of the 2019-20 school year. Months earlier, the parent had stated that the program "Just Words" did not meet the unique needs of her son who was diagnosed with Dyslexia. This is not this parent's first time at the Fairfax County Public School (FCPS) Dyslexia rodeo. She was joined by two friends who know the rodeo and Dyslexia well, too. The honesty of Dottie Skrincosky was refreshing, but concerning just the same.
- [The Language of IEPs & 504s: Just When You Thought You Knew the Definition of "Assessment", Wrong Again](https://specialeducationaction.com/the-language-of-ieps-504s-just-when-you-thought-you-knew-the-definition-of-assessment-wrong-again/) - In my world, an assessment is any kind of quiz, test, evaluation, etc., whether it is graded or not graded. In IEP and 504 Plan worlds, assessments are interpreted as differently as a person might interpret a piece of poetry. Whereas one person might interpret Robert Frost's "The Road Not Taken" to be about being an individual choosing a different path, marching to a different drummer, and so on, there are others who point to this understanding as nonsense, as the incorrect interpretation. Who knew assessments could be the same way?
- [FOIA Response: More Internal Emails Provided, More Proof FCPS is Aware of Problems with Independent Educational Evaluation Rates and Other Issues](https://specialeducationaction.com/foia-response-more-internal-emails-provided-more-proof-fcps-is-aware-of-problems-with-independent-educational-evaluation-rates-and-other-issues/) - July 26, 2022, Fairfax County Public Schools provided its response to another FOIA request, this one focused on staff correspondence over a few days in May 2022. 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.
- [Fairfax County Public Schools Failed to Comply with Federal Regulations; Continued to Deny IEEs](https://specialeducationaction.com/fairfax-county-public-schools-failed-to-comply-with-federal-regulations-continued-to-deny-iees/) - Virginia's Independent Education Evaluation (IEE) regulations will be changed to align with federal regulations. Local educations agencies (LEA) are required to follow the federal regulations (even before the state regulation change) or they will be found in noncompliance. However, seven months passed before Fairfax County Public Schools (FCPS) presented this information to special education lead teachers—even though it was already found in noncompliance for failure to comply with federal regulations.
- [FOIA: Fairfax County Public Schools Independent Educational Evaluations](https://specialeducationaction.com/independent-educational-evaluations/) - Update: This article was published July 2020. It is being updated to include an email indicating Fairfax County Public Schools has long known that its price cap for Independent Educational Evaluations is below market price. FCPS's low rate limits parents to 1) using private providers who accept FCPS's low IEE rate or 2) paying the difference out of pocket for providers who don't accept FCPS's low rate. The email was obtained via a FOIA request for documents FCPS provided the Office of Civil Rights. This FOIA request was done in 2018 and was submitted to Fairfax County Public Schools (FCPS) in Virginia. The response includes 528 pages, including how FCPS set its "rates" and letters to providers asking if they'll accept FCPS rates.
- [Fairfax County Public Schools Continues to Violate FERPA; FCPS Released Personally-Identifiable Information for 110 More Students](https://specialeducationaction.com/fairfax-county-public-schools-continues-to-violate-ferpa-fcps-released-personally-identifiable-information-for-110-more-students/) - Fairfax County Public Schools continues its longstanding noncompliance of Family Educational Rights and Privacy Act regulations by once again failing to maintain the security of personally identifiable information related to students. This time, it released unredacted records for the 2022-23 math and reading SOL records for 74 students and the reading records for 36 students.
- [FOIA Release: Scott Brabrand to James Lane, Trying to Figure How to Open Schools for 2020-21](https://specialeducationaction.com/foia-release-scott-brabrand-to-james-lane-trying-to-figure-how-to-open-schools-for-2020-21/) - You know the saying about throwing spaghetti at wall to see if it sticks? That's what came to mind after reading this email exchange between Fairfax County Public School (FCPS) Superintendent Scott Brabrand and Virginia Department of Education Superintendent of Public Instruction James Lane.
- [FERPA Violation: Silverbrook Elementary School Students' Privacy Violated; Behind the Scenes, Choosing Students to "Enrich"](https://specialeducationaction.com/ferpa-violation-silverbrook-elementary-school-students-privacy-violated-behind-the-scenes-choosing-students-to-enrich/) - I didn't request this document. Fairfax Public County Public Schools (FCPS) provided it to me in response to a FERPA request. FCPS redacted the names marked in black, but failed to redact almost another dozen names. I redacted those, before posting the document here. They appear as blank spaces in the document. Between 2016 and 2020, FCPS has inadvertently provided me information about dozens of FCPS students and their families, and staff. I complain. The Virginia Department of Education (VODE) finds FCPS at fault for privacy violations, and then the noncompliance continues. In addition to violating the privacy of these students, it is an interesting view of the "enrichment program" selection process.
- [FERPA Violation: Willow Springs Elementary School Students' Privacy Violated](https://specialeducationaction.com/ferpa-violation-willow-springs-elementary-school-students-privacy-violated/) - While FCPS has inadvertently provided me information about dozens of other FCPS students and staff, I'm not alone in this dubious honor. The documents below were given to another FCPS parent and include information about children other than her own. She didn't ask to receive this information. FCPS provided it to her in the course of providing other documentation to her.
- [VDOE: School Divisions May Not Charge Students for Computers or Other Devices](https://specialeducationaction.com/vdoe-school-divisions-may-not-charge-students-for-computers-or-other-devices/) - Today—after weeks of asking the Virginia Department of Education (VDOE) and Fairfax County Public Schools (FCPS) why FCPS is charging a fee to access education (and receiving no response)—VDOE's Constituent Services team sent the email stating: "Guidance just released from VDOE this week states computers and devices now fall squarely within the category of items for which divisions may not charge due to the substantive shift in how core and required instruction is being delivered for this school year." Takes a community (and/or a few vocal parents) to point out ignorance to the individuals who should be in the know.
- [It's the Law: Mediation](https://specialeducationaction.com/its-the-law-mediation/) - Article Update: July 31, 2020, the United States Department of Education (USDOE) Office of Special Education and Rehabilitative Services (OSEP) released a informal guidance "regarding whether a parent may be required to sign a confidentiality agreement in order to take part in mediation." This article has been updated to reflect OSEP's guidance. The document is included at the bottom of this article. There's a lot to get fired up about when it comes to special education, but mediations get me hotter than a tin roof during a heat wave. Why? Lot's of places to get snagged if you aren't careful and/or don't even know these briar patches exist.
- [Due Process Hearing Officer: "Just Words" Not a Methodology that Addresses Learning Disabilities Associated with Dyslexia; FCPS Continues to Recommend "Just Words" for Students with Dyslexia](https://specialeducationaction.com/due-process-hearing-officer-just-words-not-a-methodology-that-addresses-learning-disabilities-associated-with-dyslexia-fcps-continues-to-recommend-just-words-for-students-with-dyslexia/) - "From the evidence presented at the hearing, I have learned there are several competing methodologies that address learning disabilities associated with dyslexia. But it is clear to this Hearing Officer that JUST WORDS is not one of them". —Richard M. Alvey, Due Process Hearing Officer If you have a child in Fairfax County Public Schools (FCPS), Virginia, who has Dyslexia, chances are FCPS has stated the program "Just Words" is appropriate to address your child's unique needs related to Dyslexia. Didn't matter if the child was in 4th grade or 10th grade, FCPS pushed "Just Words" for children with Dyslexia. Earlier this year, due process hearing officer Richard M. Alvey stated a final decision about "Just Words" that every parent with a child who has Dyslexia should know about—and which should have stopped FCPS' continuing to recommend the program for children with Dyslexia.
- [Yes, Virginia, There Is Dyslexia](https://specialeducationaction.com/yes-virginia-there-is-dyslexia/) - DEAR EDITOR: I am 46 years old. Some educators and lawyers say there is no Dyslexia. My research makes me say, ‘If you see it in your child it’s so.’ Please tell me the truth; is there Dyslexia? ~Virginia Parent Virginia, the educators and lawyers are wrong. They have been affected by ignorance. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds. They see a first grade boy who walks around when it is time to read and assume him to have attention struggles. They see a ninth grade girl with good grades and assume her to be lazy. They know not of what they speak, Virginia, for they only believe what they perceive, rather than what is real.
- [VDOE Sets Dangerous Precedent; Guidance Includes Get-Out-of-Providing-"Recovery Services" Loophole](https://specialeducationaction.com/vdoe-sets-dangerous-precedent-guidance-includes-get-out-of-providing-recovery-services-loophole/) - The Virginia Department of Education (VDOE) set a dangerous precedent with the release of its document “VDOE Considerations for COVID Recovery Services for Students with Disabilities”. The document includes a get-out-of-providing-compensatory education/"recovery services" loophole—and exhibits a questionable interpretation of laws related to students with disabilities.
- [Dear VDOE: Is it Okay for Compliance Specialist to Show Bias Against Parent and Editorialize Complaint Letter of Findings?](https://specialeducationaction.com/dear-vdoe-is-it-okay-for-compliance-specialist-to-show-bias-against-parent-and-editorialize-complaint-letter-of-findings/) - "Just love the irony". These are the words of a Virginia Department of Education Compliance Specialist. They appear in her edits of a State Complaint Letter of Findings. State Complaints are supposed to be unbiased and investigated in full, with an "independent determination" provided. However, when the individuals connected to the complaint exhibit very definite opinions about the investigation, unbiased and "independent determination" might as well be thrown out the window.
- ["It's Deja Vu All Over Again": Yogi Berra Said It; FCPS Parents Are Thinking It; Tech Issues Strike Again](https://specialeducationaction.com/its-deja-vu-all-over-again-yogi-berra-said-it-fcps-parents-are-thinking-it-tech-issues-strike-again/) - Just when you thought it was safe to start school again . . . At least one principal in Fairfax County Public Schools (FCPS), VA sent notice Sept. 2, 2020, that FCPS is again running into tech issues. This Spring, FCPS' tech failures made national news. Not only was their online launch a disaster, their online re-launch was a disaster. And now, just a week before FCPS launches for the 2020-21 school year. . . . Deja Vu.
- [FCPS Vice Principal Sets IEP Meeting Rules; Full Parental Participation Truncated](https://specialeducationaction.com/fcps-vice-principal-sets-iep-meeting-rules-full-parental-participation-truncated/) - August 28, 2020, Daniel Clements, a Fairfax County Public School (FCPS) Assistant Principal at Robinson Secondary School sent a set of IEP meeting rules to the parents of one of the school's students. Although parents are considered equal IEP team members, in this case, the "rules" were set without their input and included a threat that the meeting would be shut down if the parents violated the rules. And yet, some of the rules err on the noncompliance side of state and federal regulations.
- [Silverbrook ES Principal Advises Staff Member: "No Paper/Email Trail"](https://specialeducationaction.com/silverbrook-es-principal-advises-staff-member-no-paper-email-trail/) - Fairfax County Public School (FCPS), VA, Principal Melaney Mackin advised FCPS School Psychologist Michael Borsa not to respond to a parent's questions via email. She specifically stated: "I suggest that you do not email your reply to her questions (no paper/email trail)" This occurred after the parent shared a private evaluation with the school. The parent went into the meeting thinking she was providing information that would help the school division address her child's needs, only to learn later that the principal focused on "paper/email" trails and the psychologist had no intention of responding to her.
- [Dear FCPS: Universal Screeners WILL NOT Identify Students in Need if the Data is Falsified, Misrepresented, or Misunderstood](https://specialeducationaction.com/dear-fcps-universal-screeners-will-not-identify-students-in-need-if-the-data-is-falsified-misrepresented-or-misunderstood/) - "Monies paid out during dispute resolution processes" This headline appears in an internal FCPS report and precedes the following two entries about two Fairview Elementary School students (Fairfax County Public Schools, Virginia). For Student One: "Lack of acceptance of dyslexia by teachers" For Student Two: "private dyslexia diagnosis; student parentally placed at [redacted school]"
- [Worried About Hackers? FCPS has Been Breaching Students' and Staff's Privacy for Years](https://specialeducationaction.com/worried-about-hackers-fcps-has-been-breaching-students-and-staffs-privacy-for-years/) - For years, Fairfax County Public Schools (FCPS) has been aware of its failures to secure private information. Hackers breaching its system is another breach in a long line of privacy breaches and failures to secure information. This evening, news outlets reported that the hackers posted private information about students. And yet . . . FCPS has been releasing information about students—without their permission—for years.
- [FCPS Disabled SEA-STARS' Function that Tracks Login Information, Record Access, and Changes to Student Data](https://specialeducationaction.com/fcps-disabled-sea-stars-function-that-tracks-login-information-record-access-and-changes-to-student-data/) - Riddle me this: Why would you purchase a program to maintain special education records, if the function for tracking files, changes to files, and log-ins would "seriously degrade the operational performance of the system, largely making the system unusable for authorized users"? Fairfax County Public Schools (FCPS) did just that. If you have a child who receives special education via (FCPS), you're likely familiar with "SEA-STARS", which is the program FCPS is always logging into to access your students' information. What you might not know, is that 10 years ago, FCPS disabled the function that tracks login information, record access, and changes to student data.
- [Dear Silverbrook ES: A Public List of Students Who Take Medicine is Not a Good Idea](https://specialeducationaction.com/dear-silverbrook-es-a-public-list-of-students-who-take-medicine-is-not-a-good-idea/) - Silverbrook Elementary School (SES), in Fairfax Station, Virginia, has a history of sharing personally identifiable information about students, which is a violation of the Family Educational Rights and Privacy Act (FERPA). On at least two occasions, since 2015, Fairfax County Public Schools (FCPS) has provided SES "FERPA/confidentiality training". Looks like SES needs more.
- [The Special-Education-Cholera-Outbreak-John-Snow Connection](https://specialeducationaction.com/the-special-education-cholera-outbreak-john-snow-connection/) - So often, the answer is right in front of us—sometimes in our very hands—but we lack the imagination to look beyond the obvious. With a little imagination, so much can be achieved with a low-cost, high-touch approach. Do you know Dr. John Snow? In 1854, a London cholera outbreak erupted, killing over 600 people in just over a week. It had to be stopped. But how? (And what does this have to do with special education?)
- [How to Choose a Reading Program that Addresses the Needs of a Student? Clue: Take "Convenience" and "Trust in Colleagues" Off Your List](https://specialeducationaction.com/how-to-choose-a-reading-program-that-addresses-the-needs-of-a-student-clue-take-convenience-and-trust-in-colleagues-off-your-list/) - Let's imagine you have a child who has that oh-so-unique wiring that is Dyslexia And let's imagine that the school division denied that child an evaluation three times between first and sixth grades. And let's imagine, too, that the child finally received an IEP and that you went to mediation and that the school division enrolled your child in a year-long reading elective during 7th grade and provided tutoring twice a week, one hour each time, after school, for a chunk of the school year. And, last—but not least—let's imagine that you uncovered problems with the implementation of that program And, let's imagine that after all this, the school has another program for your child. What would you do?
- [What's on the IEP PLOP Page—and What Should Actually Be on the IEP PLOP Page?](https://specialeducationaction.com/whats-on-the-iep-plop-page-and-what-should-actually-be-on-the-iep-plop-page/) - 20 USC Sec. 1414(d)(1)(A)(i) states: "The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes— (I) a statement of the child’s present levels of academic achievement and functional performance, including . . ." It doesn't state that it should include present levels from a year ago or two years ago. It states present levels—as in, where is the student NOW. And yet . . . There are IEPs that don't have baseline data at the start of each year to measure progress. They are void of PRESENT levels. If you happen to have a child in Fairfax County Public Schools (FCPS), there is an IEP page that is actually titled, "Information Related to Present Level of Educational Performance". The Virginia Department of Education (VDOE) has called out FCPS on its use of the page.
- [Language Live, Part Deux; When the Data Collected Doesn't Belong on IEPs](https://specialeducationaction.com/language-live-part-deux-when-the-data-collected-doesnt-belong-on-ieps/) - "I wouldn't count that". ~Alicia Kuehn, Curriculum Resource Teacher Region 1 Point of Contact Office of Special Education Instruction Fairfax County Public Schools This quote refers to data Fairfax County Public Schools (FCPS) included in IEP Progress reports and in an IEP being developed for the coming year. Not good. I share it, and the story behind it (as with the article "If Your Child was Administered the Program Language Live, this Article is for You"), with hope that it will inform other families about data being culled from the program Language Live.
- [More Words on "Just Words"; When the Student has Dyslexia and the School Chooses a Program that the Publisher of the Program Doesn't Endorse for Dyslexia](https://specialeducationaction.com/more-words-on-just-words-when-the-student-has-dyslexia-and-the-school-chooses-a-program-that-the-publisher-of-the-program-doesnt-endorse-for-dyslexia/) - Wilson, the publisher of the program "Just Words" has stated that the program is not for children with Dyslexia, and yet Fairfax County Public Schools (FCPS) in Virginia (and other school divisions) continues to recommend the program for students who have Dyslexia. In two previous articles, I shared the article, "When It's Not Dyslexia", which appears in Wilson's "Decoder" Newsletter; a partial IEP transcript, in which a FCPS Dyslexia Resource acknowledges that Wilson does not endorse "Just Words" for students with Dyslexia, and the final decision of a Due Process hearing, in which the hearing officer wrote: " From the evidence presented at the hearing, I have learned there are several competing methodologies that address learning disabilities associated with dyslexia. But it is clear to this Hearing Officer that JUST WORDS is not one of them." If this isn't enough to convince your school division that "Just Words" isn't appropriate for your student with Dyslexia, there's the following, straight from Wilson Reading System Instructor Manual, Steps 1-6.
- [FCPS Teachers; Pay Inequity in a Time of COVID](https://specialeducationaction.com/fcps-teachers-pay-inequity-in-a-time-of-covid/) - Technology has come a long way for students with special education needs. It's revolutionized the school experience for many of these students. 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.
- [Robinson Secondary School Privacy Breach: FCPS Released Names, ID Numbers of Students Receiving Special Education](https://specialeducationaction.com/robinson-secondary-school-privacy-breach-fcps-released-names-id-numbers-for-students-receiving-special-education/) - Fairfax County Public Schools (FCPS) breached the privacy of dozens 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.
- [Return to School Virtual IEP Guidance Document](https://specialeducationaction.com/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"?
- [Due Process Diaries, Part I](https://specialeducationaction.com/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.
- [Fairfax County Public School Lawyer bcc'd on Email between Teacher and Student; Why?](https://specialeducationaction.com/fairfax-county-public-school-lawyer-bccd-on-email-between-teacher-and-student-why/) - Dear Taxpayers: 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 Special Education Instruction Overview: Reopening Plans](https://specialeducationaction.com/fcps-special-education-instruction-overview-reopening-plans/) - This post features videos, video chats, and slide shows related to Fairfax County Public Schools elementary schools and middle and high schools special education instruction.
- [Due Process Diaries, Part II: Subpoenas](https://specialeducationaction.com/due-process-diaries-part-ii-subpoenas/) - In part one of this series, I shared regulations related to filing for a due process hearing—and a bit of what happened after I filed a few years ago. Let's continue the story. 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).
- [Fairfax County Public Schools Special Education Department Chair Meeting](https://specialeducationaction.com/fairfax-county-public-schools-special-education-department-chair-meeting/) - This post features videos, video chats, and slide shows related to Fairfax County Public Schools special education instruction. 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."
- [Save the Date: JLARC Live Presentation of Report on Special Education in Virginia](https://specialeducationaction.com/save-the-date-jlarc-live-presentation-of-report-on-special-education-in-virginia/) - December 14, 2020, the Joint Legislative Audit and Review Commission (JLARC)—the oversight agency of the Virginia General Assembly—will present its 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)
- [Feel the Need to Include Judgement of an Advocate's Skin Color in Your Legal Decision? You Might Be A Virginia Hearing Officer](https://specialeducationaction.com/feel-the-need-to-include-judgement-of-an-advocates-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?
- [Due Process Diaries: Don’t Let the School Division Get a Jump Start with Hearing Officers and Subpoenas](https://specialeducationaction.com/due-process-diaries-dont-let-the-school-division-get-a-jump-start-with-hearing-officers-and-subpoenas/) - When you file for due process, request that you and the school division, and/or its counsel, be made aware of the hearing officer assigned to the hearing at the same. While there is a regulated timeline for the assignment of hearing officers to due process hearings (see below), there aren’t federal statutes or regulations stating that the parent and school division be made aware of the hearing officer assignment at the same time.
- [Due Process Timeline](https://specialeducationaction.com/due-process-timeline/) - Per §300.500, each state education agency (SEA) "must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500 through 300.536", which includes the due process timeline. The timeline isn't stated in one place, so the dates have been pulled from various sections, to provide a one-page rundown of deadlines that follow receipt of a due process complaint.
- [Prepare for Due Process by Tapping into the Training Provided to Hearing Officers](https://specialeducationaction.com/prepare-for-due-process-by-tapping-into-the-training-provided-to-hearing-officers/) - Did state hearing officers receive training related to COVID and/or compensatory or "recovery" services? Can a hearing officer force a family to meet in person, rather than virtually, even though the family and/or witnesses fall into the category of at-risk? Can their training help parents prepare for due process? These are just a few of the questions running through my mind when I submitted a Freedom of Information Act (FOIA) request to the Virginia Department of Education (VDOE) for "all of the training materials that VDOE provides to hearing officers, as well anything else related to their training."
- [Due Process Diaries: Hearing Officer Confirmation, Pre-Hearing Scheduling, Granting Control to LEA Lawyers](https://specialeducationaction.com/due-process-diaries-hearing-officer-confirmation-pre-hearing-scheduling-granting-control-to-lea-lawyers/) - The hearing officer's confirmation letter and her notice of pre-hearing letter fall on the benign side, with a few exceptions: Metadata lists them as being associated with the U.S. Army. They included incorrect information related to the parents. They granted the LEA's lawyer control of the conference platform.
- [Fairfax County Public Schools, Sands Anderson, and Blankingship & Keith Breach Privacy During Due Process](https://specialeducationaction.com/fairfax-county-public-schools-sands-anderson-and-blankingship-keith-breach-privacy-during-due-process/) - Fairfax County Public Schools (FCPS) and two law firms with which it works—Sands Anderson and Blankingship & Keith—failed to secure personally identifiable information on seven occasions in just a four-month period, between June and October of 2020. During this period, four due process complaints were filed on behalf of four children. Their parents requested that their children's full records be provided. They didn't request unredacted information about other children (or adults). However, that's what they received.
- [§300.323(c)](https://specialeducationaction.com/§300-323c/) - The articles in this series will share the IDEA 2004 regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions. One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.
- [8 VAC 20-81-110.B.2](https://specialeducationaction.com/8-vac-20-81-110-b-2/) - The articles in this series will share Virginia regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions. One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.
- [Independent Educational Evaluation: VDOE Rules FCPS in Noncompliance; Follows OSEP Monitoring Report](https://specialeducationaction.com/independent-educational-evaluation-vdoe-rules-fcps-in-noncompliance-follows-osep-monitoring-report/) - Struggling to obtain an Independent Educational Evaluation (IEE) in Virginia? Below is an example of an IEE-related Letter of Findings, which the Virginia Department of Education (VDOE) issued after it found Fairfax County Public Schools (FCPS) in noncompliance. VDOE's Letter of Findings language can be used as guidance as you write your own state complaint in Virginia. If you live in another state, explore if your state has the same regulations as Virginia or if those regulations are in line with IDEA.
- [Negative Impact of VDOE's Inaccurate Information Continues](https://specialeducationaction.com/negative-impact-of-vdoes-inaccurate-information-continues/) - The Virginia Department of Education's (VDOE) failure to provide accurate information to parents continues. June 3, 2017, VDOE was made aware of bad/broken links in its “Parent’s Guide to Special Education Dispute Resolution” document. Almost four years later, the bad/broken link in question— https://www.doe.virginia.gov/VDOE/dueproc—is still listed 11 times the parent's guide.
- [FCPS Lawyer bcc'd on Student's Emails; Claims He is a School Official; Says it's "Appropriate" for Him to Have Access](https://specialeducationaction.com/fcps-lawyer-bccd-on-students-emails-claims-he-is-a-school-official-says-its-appropriate-for-him-to-have-access/) - Earlier this month, Special Education Action reported that Blankingship & Keith lawyer Wesley Allen and/or both Allen and his colleague John Cafferky were bcc'd on about three dozen emails between a teacher and student, as well as on emails between Fairfax County Public Schools (FCPS) staff and the students' parents, spanning a period of over a year. 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?"
- [FOIA Release: Compensatory Services and Governor Northam's Staff; Please Tell Us Our Tax Dollars Didn't Pay For This](https://specialeducationaction.com/foia-release-compensatory-services-and-governor-northams-staff-please-tell-us-our-tax-dollars-didnt-pay-for-this/) - Governor Northam's office provided the document below, in response to a FOIA request. 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).
- [The Things State Local Education Agencies Say: Forms for Filing a State Complaint](https://specialeducationaction.com/the-things-state-local-education-agencies-say-forms-for-filing-a-state-complaint/) - This is the first post in a new series, titled "The Things They Say". It will feature verbatim comments from state education agencies, local education agencies, school lawyers, school staff, school witnesses in due process hearings, and a number of other organizations and individuals. The goal is to share information that will help other families 1) know how issues in their states and/or school district have been handled and 2) know established patterns of behavior that they might face; and 3) advocate for change. Each post will be updated as new information is received. For example, this post features an example related to the Virginia Department of Education. The goal is to have something representing every state added to this post.
- [The Things Hearing Officers Say: Deference to Educators](https://specialeducationaction.com/the-things-hearing-officers-say-deference-to-educators/) - Too often, "deference to educators" is a trigger phrase among parents of students with special education needs. While there are educators who are of great worth, parents too often have sat in IEP meeting after IEP meeting, opposing educators whose lack of training, lack of experience, lack of empathy—and sometimes all three—are negatively impacting students. Add to this, educators who make a parent's opposition personal, to the point they oppose everything a parent states, just to oppose it, with all focus on their egos rather than the needs of the child. So, what happens when the school division counsel argues for deference to educators as part of his due process hearing final brief? Does deference have to be given to the very educators who have so often been the root of all the problems?
- [IDEA Advocacy Alert: Contact Your U.S. Representative and Senators; Ensure Funding For Special Education](https://specialeducationaction.com/idea-advocacy-alert-contact-your-u-s-representative-and-senators-ensure-funding-for-special-education/) - This alert was issued by the Council of Parent Attorneys and Advocates (COPAA). Please take action today to ensure that dedicated funding it allocated to support students with disabilities.
- [The Things School Division Lawyers Say: Deference to Educators](https://specialeducationaction.com/the-things-school-division-lawyers-say-deference-to-educators/) - Should deference be given to educators? Does a degree related to education and/or a certain number of years working within the field of education entitle them to a certain level of respect? Or, should respect be based on their actions, on their record of working within the field of education? What if those educators are the root of a child not receiving FAPE? Should respect be paid to the principal with 40 years in education, whose ignorance bred illiteracy within her school? What of the teacher with two years of experience, whose ego won't let him believe he could possibly be wrong, so he fights everything a parent says—and lies—just to stay in the right? What of the procedural support liaison who toes the county's line rather than addressing the student's need—the one who advised you to "Remember, this is public school," when she thought it unrealistic for the school to provide the services needed to fully address your student's unique needs? Do these "educators" deserve respect? Should deference be given to them?
- [The Things Supreme Court Judges Say: Deference to Educators](https://specialeducationaction.com/the-things-supreme-court-judges-say-deference-to-educators/) - Imagine this: For the last five school years, the Virginia Department of Education (VDOE) has found your school division in noncompliance. The VDOE is known for its failure to ensure noncompliance is corrected, which means the noncompliance continues because 1) no one is holding the school division accountable; 2) school division staff aren't properly trained; 3) carelessness; and 4) some division staff would rather fight you than remain in compliance. The Office of Civil Rights just launched an investigation into your school division. Add to the above that some teachers from your school division don't tell the truth during due process hearings—and, although you've provided the school division proof of this, the school division continues to do nothing. Should deference be given to such educators? Let's hear from the Supreme Court.
- [View Fairfax County Public Schools' "Concurrent Instruction Professional Development Guidebook"](https://specialeducationaction.com/view-fairfax-county-public-schools-concurrent-instruction-professional-development-guidebook/) - This post shares Fairfax County Public Schools' (FCPS) "Concurrent Instruction Professional Development Guidebook". Documents, images, and videos noted within the guidebook are included as well.
- [Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia](https://specialeducationaction.com/second-virginia-hearing-officer-rules-reading-program-inappropriate-for-student-with-dyslexia/) - For the second time in about a year, a Virginia Hearing Officer ruled that the program "Just Words" is inappropriate for a student with Dyslexia. In both cases, the due process hearing focused on a student attending Fairfax County Public Schools (FCPS), in Virginia. The law firm Blankingship & Keith represented FCPS in both cases, too. Although the first hearing officer ruled "Just Words" to be inappropriate for a student with Dyslexia, FCPS continued to enroll students with Dyslexia in it, and FCPS and Blankingship & Keith continued forward in the second hearing, arguing "Just Words" to be appropriate for a student with Dyslexia.
- [Due Process Breakdown: School Division Lawyer's Opening Statements, John Cafferky 9.30.20](https://specialeducationaction.com/due-process-break-down-school-division-lawyers-opening-statements-john-cafferky-9-30-20/) - Thank you to everyone who shared and who reached out to me about the recent article "Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia". Today's article shares more information about how that hearing played out, starting with the opening remarks presented by Fairfax County Public Schools' (FCPS) counsel John Cafferky of Blankingship & Keith. John presented his opening statements September 30, 2020, the first day of the due process hearing filed against FCPS. Among other things, the hearing focused on whether the program "Just Words", which FCPS proposed four school years in a row for the student who was the focus of the hearing, is appropriate for a student who has Dyslexia.
- [Why Do FCPS Case Managers Need to Be Asked to Communicate with Teachers?](https://specialeducationaction.com/why-do-fcps-case-managers-need-to-be-asked-to-communicate-with-teachers/) - How can case managers collect data for IEPs and 504s if they don't communicate with teachers? How can case managers ensure IEPs and 504s are being implemented in full if they aren't communicating with teachers? At the start of the 2020-21 school year, Fairfax County Public Schools (FCPS) case managers had to be reminded to connect with the teachers of students enrolled in the FCPS Online Campus.
- [Due Process and State Complaints Documents: "Just Words"](https://specialeducationaction.com/due-process-and-state-complaints-documents-just-words/) - The documents in this article may be of use to you if you are filing a state complaint or due process—or to present to your local education agency if you're not at a state complaint for due process stage. The documents were used in one, or both, of two due process hearings in Virginia that included a focus on the program "Just Words". In both cases, the hearing officer ruled that "Just Words" is inappropriate for students with Dyslexia. The cases were held within a year of each other (2019 and 2020). John Cafferky of the firm Blankingship & Keith represented Fairfax County Public Schools (FCPS) in both cases. The hearing officer's decision for the first hearing is included as well. The hearing officer's decision for the second hearing has not been posted to VDOE's site. The one page on which the hearing officer addresses her final decision in relation to "Just Words" is included. The transcripts for the "Just Words" sections of both hearings will be added in the coming week.
- [FCPS Knows Reading Program Isn't Appropriate for All Students who have Dyslexia](https://specialeducationaction.com/fcps-knows-reading-program-isnt-appropriate-for-all-students-who-have-dyslexia/) - Warning: This is another "Just Words" article. If you're new to my articles, I've spent a fair amount of time writing about "Just Words" in response to Fairfax County Public School's inappropriate use of the program for students who have Dyslexia. My articles aren't a criticism of the program, but of the administration and implementation of a program that 1) the publisher does not endorse for students with Dyslexia and 2) that two Virginia hearing officers have ruled to be inappropriate for students with Dyslexia. Today I was provided access to the Dyslexia participant slide deck for the 2.12.19 FCPS Secondary Literacy Intervention Teachers "Resource Bonanza". On the slide titled "Specialized Learning Programs", there are three programs listed: "Just Words", "Corrective Reading", and "Language Live".
- [Regulations and Case Law School Divisions, Lawyers, Hearing Officers, and State Education Agencies Use: IEP Implementation](https://specialeducationaction.com/regulations-and-case-law-school-divisions-lawyers-hearing-officers-and-state-education-agencies-use-iep-implementation/) - This article focuses on IEP Implementation-related regulation and case law that school divisions, school division lawyers, hearing officers, and state education agencies use in documents they issue.
- [Fairfax County Pay-to-Play, 5-Days-a-Week, In-Person Education Model Generates Revenue for County; Sparks Civil Rights Investigation](https://specialeducationaction.com/fairfax-county-pay-to-play-5-days-a-week-in-person-education-model-generates-revenue-for-county-sparks-civil-rights-investigation/) - Payment and availability are not prerequisites for a free appropriate public education (FAPE). January 2021, the U.S. Department of Education (USDOE) Office of Civil Rights (OCR) launched an investigation into Fairfax County Public Schools' (FCPS) practices of refusing to provide in-person instruction to students with disabilities, while at the same time opening "its schools to in-person child-care for general education students." January 12, 2021, USDOE OCR submitted a letter to Superintendent Scott Brabrand, to announce the launch of the investigation. However, the issue is about more than child care.
- [$200,000+ = What Fairfax County Public Schools Paid to be Told the Program it Pushed is Inappropriate for Students with Dyslexia](https://specialeducationaction.com/200000-what-fairfax-county-public-schools-paid-to-be-told-the-program-it-pushed-is-inappropriate-for-students-with-dyslexia/) - $65,370.60 = The amount law firm Blankingship & Keith invoiced Fairfax County Public Schools between November 22, 2019, and August 27, 2020. The result? The Virginia hearing officer ruled the the program "Just Words" is inappropriate for a student with Dyslexia, which was the program FCPS proposed for the student on which the due process hearing was focused. Two months = The amount of time that passed before Blankingship & Keith started invoicing FCPS for another hearing related to "Just Words" not being appropriate for a student with Dyslexia.
- [FERPA Violation: Longfellow Middle School Students' Privacy Violated](https://specialeducationaction.com/ferpa-violation-longfellow-middle-school-students-privacy-violated/) - Fairfax County Public Schools (FCPS) is again guilty of violating the privacy of its students. Although FCPS struggles with consistency in many arenas, repeat violations of privacy is not one of them.
- [Action Alert: Dyslexia Legislation Support Needed](https://specialeducationaction.com/action-alert-dyslexia-legislation-support-needed/) - This call to action is from Decoding Dyslexia Virginia. Everyone's support is needed. If you reside outside of Virginia, please contact Decoding Dyslexia chapter in your state to learn about - and support - their advocacy efforts.
- [The Things Due Process Witnesses Say: Dottie Skrincosky](https://specialeducationaction.com/the-things-due-process-witnesses-say-dottie-skrincosky/) - This post features quotes, facts, and documents related to a recent due process hearing at which Dottie Skrincosky testified. The hearing focused on, among other things, whether the program "Just Words" is appropriate for a student with Dyslexia. At the time the parent filed for due process, Dottie was a curriculum specialist on staff with FCPS.
- [This One's for the Advocates and Hypocrites](https://specialeducationaction.com/this-ones-for-the-advocates-and-hypocrites/) - This one's for all the advocates and hypocrites, the experts and hustlers, and wanna-be change makers who are writing, and speaking, and screaming, and singing, and demonstrating to change the system—while all the while making a killing on the system they say they want to change. Speaking the truth of the remarkable Ice T: "You can't come out on a record dissing the system and be on a label that's connected to the system."
- [Student Records—Confidentiality: Regulations and Case Law Cited by School Divisions, Lawyers and State Education Agencies](https://specialeducationaction.com/student-records-confidentiality-regulations-and-case-law-cited-by-school-divisions-lawyers-and-state-education-agencies/) - This article focuses on student records—confidentiality regulations and case law that school divisions, school division lawyers, hearing officers, and state education agencies use in documents they issue. It will be updated as new information is obtained.
- [FOIA Release: Fairfax County Public Schools' 9.21.20 Special Education Chair Meetings](https://specialeducationaction.com/foia-release-fairfax-county-public-schools-9-21-20-special-education-chair-meetings/) - The documents and videos in this article relate to the morning and afternoon sessions of Fairfax County Public Schools' (FCPS) 9.21.20 Special Education Chair Meeting. Both meetings cover the following topics: FCPS Online Campus Data Collection Sharing Successes Career and Transition Services Recovery Services Due Process & Eligibility and SEA-STARS OSEI Updates Related Services
- [Fairfax County Public Schools Is Offering In-Person, In-School Instruction Four Days A Week;  Neglects To Include Students Who Need It](https://specialeducationaction.com/fairfax-county-public-schools-is-offering-in-person-in-school-instruction-four-days-a-week-neglects-to-include-students-who-need-it/) - Fairfax County Public Schools (FCPS) is offering in-person, in-school instruction for four days a week. The Problem: Parents of students who need such an option have not had it offered to them—and many don't even know the option exists.
- [TODAY: $6 Billion Distributed to Six States and the District of Columbia; What is the Status of Your State's ARP ESSER Plan?](https://specialeducationaction.com/today-6-billion-distributed-to-six-states-and-the-district-of-columbia-what-is-the-status-of-your-states-arp-esser-plan/) - July 7, 2021, the U.S. Department of Education (USDOE) approved American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) state plans for six states and the District of Columbia, and released $418,634,738 to Arkansas; $611,331,608 to Massachusetts; $138,468,766 to Rhode Island; $127,339,745 to South Dakota; $4,148,464,081 to Texas; Utah: $205,578,303; and $128,932,230 to the District of Columbia. Each state education agency (SEA) had until June 7, 2021, to submit either: (1) its ARP ESSER plan or (2) the State requirements that preclude submission of the plan by that date and a date by which it will be able to submit its complete ARP ESSER plan. Contact your SEA to find out if your state is among the 40 states that have submitted a plan. If not, ask why. Either way, request the status of the report.
- [Today: $81 Billion of $122 Billion Available; Contact Your School Division, Ask How It Will Use The Funds](https://specialeducationaction.com/today-81-billion-of-122-billion-available-contact-your-school-division-ask-how-it-will-use-the-funds/) - Today, $81 billion of the $122 billion in funding from the American Rescue Plan (ARP) Act of 2021 and the Elementary and Secondary School Emergency Relief (ESSER) fund will be available to all states, the District of Columbia, and Puerto Rico. President Biden will make this announcement later today, at the National Safe School Reopening Summit that is being hosted by the U.S. Department of Education. Contact Your School Division Within 30 days of receiving ARP ESSER funds, the local education agency (LEA) is required to seek input from the community in advance of making its plan publicly available.
- [Contact Your State Education Agency; It Is Required To Request Input On Its Waiver Requests](https://specialeducationaction.com/contact-your-state-education-agency-it-is-required-to-request-input-on-its-waiver-requests/) - Contact your state education agency (SEA). If it is seeking a waiver from the United Stated Department of Education (USDOE), it is required to give the public notice and a reasonable time for it to comment. February 22, 2021, USDOE issued a letter inviting states to request waivers for the 2020-21 school year "of the accountability and school identification requirements in the Elementary and Secondary Education Act of 1965 (ESEA)."
- [Call for Nominations, State Board of Education Advisory Committees](https://specialeducationaction.com/call-for-nominations-state-board-of-education-advisory-committees/) - Who is on your state's advisory committee or panel? How are members nominated and elected to serve? When will the next round of individuals be nominated? If you don't already know the answers to these questions, please visit your state education agency's (SEA) site (or call) to find out who is representing you and your children — and to perhaps seek a nomination to the committee yourself.
- [Office of Civil Rights Opens Investigation of Fairfax County Public Schools](https://specialeducationaction.com/office-of-civil-rights-opens-investigation-of-fairfax-county-public-schools/) - April 12, 2021, the U.S. Department of Education (USDOE) Office of Civil Rights (OCR) launched an investigation of Fairfax County Public Schools (FCPS). This follows OCR's launch of a separate investigation of FCPS, just three months earlier, on January 12, 2021. April 13, 2021, FCPS staff exchanged an internal e-mail in which FCPS admitted fault and an intention to discuss entering into a rapid resolution with OCR.
- [Due Process Hearing Transcript: Six-Day Hearing](https://specialeducationaction.com/due-process-hearing-transcript-six-day-hearing/) - The transcript included in this article is for a due process hearing that took place over the course of six days, between December 3, 2019, and December 13, 2019. The mother and father of a student attending Fairfax County Public Schools (FCPS) filed for due process. FCPS is the local education agency (LEA) involved. FCPS was represented by John Cafferky, a lawyer with Blankingship & Keith. The Virginia hearing officer was Richard Alvey. The parents were represented by lawyer Ashley VanCleef. This hearing and the decision written by Hearing Officer Alvey proved to be a gamechanger, specifically Alvey's statement that the program "Just Words" is inappropriate for students with Dyslexia.
- [South County High School Breaches Student Confidentiality Again](https://specialeducationaction.com/south-county-high-school-breaches-student-confidentiality-again/) - 5.17.21: South County High School (SCHS) Principal Gary Morris and Due Process & Eligibility Coordinator Dawn Schaefer met with a representative of the U.S. Department of Education, Student Privacy Policy Office (SPPO). Among other things, they spoke about the confidentiality breaches for which FCPS is at fault, and for which the Virginia Department of Education (VDOE) has repeatedly found FCPS in noncompliance (See "FCPS Report Card") 5.21.21: Just four days after FCPS spoke with USDOE SPPO, SCHS staff member Tina Wrubluski violated the privacy of numerous students when she shared her computer screen during an IEP meeting. Although numerous people kept trying to obtain her attention, Tina continued working away, making document folders about specific students available for viewing.
- [Oops! . . . They Did It Again!; Fairfax County Public Schools Continues to Breach Student Privacy](https://specialeducationaction.com/oops-they-did-it-again-fairfax-county-public-schools-continues-to-breach-student-privacy/) - Today's privacy violations are brought to you by Fairfax County Public Schools' (FCPS) Office of Special Education Procedural Support. May 6, 2021, Jane Strong, director of the Office of Special Education and Procedural Support, breached a student's privacy when she emailed six documents related to the student to individuals to whom she should not have sent them.
- [U.S. Dept. of Education's Student Privacy Policy Office Rules FCPS at Fault for Privacy Breach](https://specialeducationaction.com/u-s-dept-of-educations-student-privacy-policy-office-rules-fcps-at-fault-for-privacy-breach/) - June 2, 2021, the U.S. Department of Education's (USDOE) Student Privacy Policy Office (SPPO) issued a letter finding Fairfax County Public Schools (FCPS) in noncompliance for another privacy breach. The letter was issued in response to a complaint filed in 2019.
- [The Perfect Storm: FCPS Video Features FERPA Violations, Teacher Training Issues, Fidelity of Implementation Problems, and Possible IEP Noncompliance](https://specialeducationaction.com/the-perfect-storm-fcps-video-features-ferpa-violations-teacher-training-issues-fidelity-of-implementation-problems-and-possible-iep-noncompliance/) - November 5, 2020, Fairfax County Public Schools again violated student privacy and again exhibited issues related to teacher training, a reading-related program, fidelity of implementation of a reading-related program, and possible noncompliance of student IEPs. These issues occurred during an office hour session with FCPS's Alice Lima-Whitney, during which she and the staff in attendance discussed the program iLit and how the teachers were progressing with their students.
- [Fairfax County Public Schools Breaches Privacy of Thousands of Students; FERPA Noncompliance Continues](https://specialeducationaction.com/fairfax-county-public-schools-breaches-privacy-of-thousands-of-students-ferpa-noncompliance-continues/) - June 29, 2021, Fairfax County Public Schools (FCPS) breached the privacy of thousands of students attending South County High School, Hayfield Secondary School, Edison High School, West Potomac High School, Lake Braddock Secondary School, and FCPS Online Campus. The breach includes the students' names, their FCPS identification numbers, their FCPS email addresses, the schools at which they are enrolled, the names of their parents and/or guardians, and the email addresses of their parents and/or guardians.
- [July 30 is Deadline to Submit Comments about Education Secretary Cardona's Proposed Priorities](https://specialeducationaction.com/july-30-is-deadline-to-submit-comments-about-education-secretary-cardonas-proposed-priorities/) - July 30, 2021, is the deadline to submit comments related to six proposed priorities that the U.S. Secretary of Education published in the Federal Register. Please don't miss this opportunity to provide your input on policies that impact the education of children throughout the United States.
- [Virginia Department of Education Allows Noncompliance to Continue](https://specialeducationaction.com/virginia-department-of-education-allows-noncompliance-to-continue/) - The Virginia Department of Education (VDOE) continues to turn a blind eye toward noncompliance within Virginia school districts and fails to heed the United States Department of Education's (USDOE) dictum, "Completely ignoring credible allegations of noncompliance is not a reasonable method of exercising the State’s general supervisory responsibilities." February 28. 2018, documentation of over 400+ special education violations was provided to the Virginia Department of Education (VDOE). The violations were committed by Fairfax County Public Schools (FCPS) and admitted to in unredacted internal FCPS documents title "Hot Topics". Two years later, the United States Department of Education (USDOE) Office of Special Education Programs (OSEP), advised VDOE. "Completely ignoring credible allegations of noncompliance is not a reasonable method of exercising the State’s general supervisory responsibilities." And yet, the Hot Topics report remains uninvestigated and the noncompliance continues.
- [Case Law They Use: IEPs & FAPE](https://specialeducationaction.com/case-law-they-use-ieps-fape/) - Studying case law cited by your State Education Agency (SEA) and Local Education Agency (LEA) in response to parents' state complaints, and studying case law cited by LEAs, LEA lawyers, and hearing officers during due process hearings is a good way to prepare yourself to 1) understand special education law, 2) understand the different ways it can be interpreted and inappropriately manipulated, and 3) how to use special education-related case law to argue your own case.
- [$122 Billion Available; How Will Your School Division Use Its Funds?](https://specialeducationaction.com/122-billion-available-how-will-your-school-division-use-its-funds/) - The United States' money tree still has $122 billion in funding available to all states, the District of Columbia, and Puerto Rico. Yesterday, April 21, 2021, the U.S. Department of Education (USDOE) released a template for the application states must submit before USDOE will release remaining American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) fund dollars. States are required to submit their plans to USDOE for approval. According to the template's instructions, each state education agency (SEA) must address all requirements listed in the template. This includes, but is not limited to identifying needs of underserved students, and "how the LEA will ensure that the interventions it implements, including but not limited to the interventions under section 2001(e)(1) of the ARP Act to address the academic impact of lost instructional time, will respond to the academic, social, emotional, and mental health needs of all students, and particularly those students disproportionately impacted by the COVID-19 pandemic, including students from low-income families, students of color, English learners, children with disabilities, students experiencing homelessness, children and youth in foster care, and migratory students."
- [Innovative Approaches to Literacy: United States Department of Education Holds Competition for 2021 Grant](https://specialeducationaction.com/innovative-approaches-to-literacy-united-states-department-of-education-holds-competition-for-2021-grant/) - The United States Department of Education (USDOE) is holding a competition for the Innovative Approaches to Literacy (IAL) grant in 2021. April 6, 2021, USDOE published a notice of proposed priorities and requirement (NPP) for this program in the Federal Register (86 FR 17757). July 12, 2021, USDOE published a notice of final priorities and requirement in the Federal Register (86 FR 36510).
- [FCPS Tech Problems Continue: FCPS Computer Shuts Down During SAT Exam](https://specialeducationaction.com/fcps-tech-problems-continue-fcps-computer-shuts-down-during-sat-exam/) - Today's word for the day: Negligence. Definition: Failure to take proper care in doing something. Example: Fairfax County Public Schools provided a student a computer that shut down while the student was taking the SAT exam.
- [U.S. Dept of Ed Provides Strategies to Address Impact of Lost Instructional Time; Another Look at Transition Plans in a Time of COVID](https://specialeducationaction.com/u-s-dept-of-ed-provides-strategies-to-address-impact-of-lost-instructional-time-another-look-at-transition-plans-in-a-time-of-covid/) - This week the United States Department of Education (USDOE) released "Strategies for Using American Rescue Plan Funding to Address the Impact of Lost Instructional Time". Sounds good, right? If you have a child with a 504 Plan or an IEP, much of what's listed is ripped from the pages of just about every book, article, blog post, state and/or fed reg you might have already read. Will this document make a difference for children with special education needs?
- [But Wait, There's More: FERPA Violations at FCPS Continue](https://specialeducationaction.com/but-wait-theres-more-ferpa-violations-at-fcps-continue/) - July 14, 2021, I published the article "Fairfax County Public Schools Breaches Privacy of Thousands of Students; FERPA Noncompliance Continues", which details Fairfax County Public Schools' (FCPS) failure to keep thousands of students' privacy secure. I found one more breach.
- [College Board’s Practices: Hardships, Hurdles & Headaches For Students Who Have Disabilities](https://specialeducationaction.com/college-boards-practices-hardships-hurdles-headaches-for-students-who-have-disabilities/) - A student’s need for accommodations shouldn’t result in hardship, hurdles, and headaches - nor should they be the reason a student is put at a disadvantage. However, this is just what has happened in response to College Board’s practices.
- [FCPS Report Detailed How To Reduce Special Education Referrals; Predicted The Future; Confirmed Suspicions](https://specialeducationaction.com/fcps-report-detailed-how-to-reduce-special-education-referrals-predicted-the-future-confirmed-suspicions/) - If you have a high school student in Fairfax County Public Schools, read this report. It highlights a focus on denying services in the name of saving money and sheds light on one of the potential reasons why referrals and evaluations were such a battle when our seniors were younger, at points in their lives when early intervention special education services would have made the greatest difference—and could have resulted in very different realities for these students today.
- [Fairfax County Public Schools Violated Privacy of Chesterbrook ES Student and Family](https://specialeducationaction.com/fairfax-county-public-schools-violated-privacy-of-chesterbrook-es-student-and-family/) - Fairfax County Public Schools (FCPS) is at fault for another FERPA violation, this time for a Chesterbrook Elementary School student and family. The document is a student's care card, which (depending on the student) can include sensitive information such as medical issues, prescription medications, medical professionals the child is seeing, and so on.
- [Fairfax County Public Schools Isn't Able To Prevent Student Computers From Shutting Down](https://specialeducationaction.com/fairfax-county-public-schools-isnt-able-to-prevent-student-computers-from-shutting-down/) - The newest tech issue: FCPS isn't able to prevent student computers from shutting down for reboots/updates. The newest poorly-thought-out plan: Someone made a decision to disable the ability to pause and/or postpone reboots/updates and no one developed a contingency plan to address times computers must not shut down, such as during an SAT exam.
- [Just In: FCPS “Independent” Special Education Audit Reveals Disturbing Data](https://specialeducationaction.com/just-in-fcps-independent-special-education-audit-reveals-disturbing-data/) - A new “independent, third-party review” done by American Institutes for Research (AIR) confirms the appalling state of Fairfax County Public Schools' (FCPS) special education program. Although FCPS states that it is “committed to the consistent and equitable implementation of discipline policy, regulations, and practice across all schools and educational programs," AIR's report points toward a great divide between FCPS’s words and actions.
- [VDOE Required to Submit Plan to Improve Oversight of Special Education](https://specialeducationaction.com/vdoe-required-to-submit-plan-to-improve-oversight-of-special-education/) - Fast approaching: November 1, 2021, deadline for the Virginia Department of Education (VDOE) to submit its plan to improve oversight of special education to Virginia's General Assembly and Joint Legislative Audit and Review Commission (JLARC).
- [8.11.21 VDOE Letter of Findings: Noncompliance for Convening Eligibility and IEP Meetings Without Parent](https://specialeducationaction.com/8-11-21-vdoe-letter-of-findings-noncompliance-for-convening-eligibility-and-iep-meetings-without-parent/) - June 22, 2021, a parent with a child enrolled in Fairfax County Public Schools (FCPS), Virginia, filed a complaint with the Virginia Department of Education (VDOE). The complaint was based on FCPS holding an IEP and eligibility meeting without her in attendance. My hope is that the analysis made by VDOE and how it interpreted and applied different regulations will 1) help other parents as they advocate for their children and 2) help educate the educators who are ignorant of the process.
- [Office of Civil Rights Opens Investigation; FCPS Threatens to Call Attendance Officer if Parent Doesn't Choose FCPS "Options"](https://specialeducationaction.com/office-of-civil-rights-opens-investigation-fcps-threatens-to-call-attendance-officer-if-parent-doesnt-choose-fcps-options/) - The United States Department of Education (USDOE) Office of Civil Rights (OCR) has opened another investigation into Fairfax County Public Schools (FCPS).
- [Virginia Department of Education to Investigate Fairfax County Public Schools for Systemic Privacy Violations](https://specialeducationaction.com/virginia-department-of-education-to-investigate-fairfax-county-public-schools-for-systemic-privacy-violations/) - The Virginia Department of Education is finally investigating Fairfax County Public Schools for systemic privacy violations. VDOE has always had a reason NOT to initiate a systemic investigation — even after it was provided an internal FCPS document in which FCPS itself stated concerns with privacy breaches. What changed VDOE's mind this time? I have no idea. Here's hoping for a thorough investigation—and for the noncompliance to stop.
- [Parents Have A Right To Challenge Information In Education Records And To A Hearing](https://specialeducationaction.com/parents-have-a-right-to-challenge-information-in-education-records-and-to-a-hearing/) - Have you or your child identified information in your child's education record that is inaccurate, misleading, or in violation of the privacy rights of the student? Did you know that, if your school refuses to make a change you request that you have a right to request a hearing? This is not a state complaint of a due process hearing. It is held at the local level.
- [I'm Not Anti-Teacher; I'm Anti-Cruelty, Anti-Incompetence, and Anti-Negligence](https://specialeducationaction.com/im-not-anti-teacher-im-anti-cruelty-anti-incompetence-and-anti-negligence/) - Parents who advocate for their children are sometimes labeled as anti-teacher, when the truth is these parents aren't anti-teacher. They are anti-cruelty, anti-incompetence, and anti-negligence. This afternoon I had a phone call with the Fairfax County Federation of Public Teachers (FCFT). I found myself explaining to the FCFT organizer on the other end of the line that I knew a teacher complained to FCFT about my advocacy and tried to recruit FCFT to fight against me — and then I explained the reason the organizer and I were talking was because I support teachers, want to make sure they receive the support they need, and that I had some information to share, which I felt critical for the teachers to have, to advocate for themselves. After all, teachers are among the greatest influencers of my life.
- [Fairfax County Public Schools Threatens Legal Action Against Parents Who Exercised Their First Amendment Rights And Right To FOIA](https://specialeducationaction.com/fairfax-county-public-schools-threatens-legal-action-against-parents-who-exercised-their-first-amendment-rights-and-right-to-foia/) - Fairfax County Public Schools (FCPS) has threatened legal action against me and against fellow parent Debra Tisler in response to us exercising our first amendment rights and our rights to FOIA. What did we do? We shared a behind-the-scenes view that indicates FCPS is aware of the very issues parents have been concerned about for years. (As well as HIPAA failures, stolen credentials, negotiations to extend Scott Brabrand's contract, the investigations into the cyber hacking and Blackboard failures, wastes of funds, and much more.)
- [Every Child Deserves A Champion; Open Your Eyes, Channel Your Outrage,  Show Up To Help Every Day](https://specialeducationaction.com/every-child-deserves-a-champion-open-your-eyes-channel-your-outrage-show-up-to-help-every-day/) - A parent recently asked me about the problems with Fairfax County Public Schools (FCPS) special education program. I explained that the problems aren't new. They aren't related to a "regime change" at FCPS nor are they related to one political party or another being at the top. FCPS has been failing children in its special education program for decades—and the legal bills and other documents exist to prove it. What to Do? Change starts with advocacy, with kindness, with help.
- [Virginia Isn't Just For Lovers; Virginia Is For Breaches Of Children's Privacy, Too](https://specialeducationaction.com/virginia-isnt-just-for-lovers-virginia-is-for-breaches-of-childrens-privacy-too/) - Virginia Has a History of Breaching the Privacy of Children For the second time in as many years, the Virginia Department of Behavioral Health and Developmental Services (VDBHDS) has breached the privacy of children. October 6, 2021, just one day before the VDBHDS breach, the Virginia Department of Education (VDOE) announced that it is opening an investigation into Fairfax County Public Schools (FCPS), focused on systemic privacy violations.
- [Texas and Virginia: Too Big to Fail](https://specialeducationaction.com/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?
- [Fairfax County Public Schools "Expert" Determines Lindamood Bell Not Appropriate for Student with Dyslexia, Because Lindamood Bell's Site Has Pictures of Young Children On It](https://specialeducationaction.com/fairfax-county-public-schools-expert-determines-lindamood-bell-not-appropriate-for-student-with-dyslexia-because-lindamood-bells-site-has-pictures-of-young-children-on-it/) - Virginia Hearing Officer Rhonda Mitchell determined the program Lindamood Bell is not appropriate for a student who has Dyslexia, after Fairfax County Public Schools (FCPS) "experts" made curious statements about the instruction and Lindamood Bell's site and staff. Jugnu Agrawal, program manager of FCPS's special education curriculum, and one of the FCPS "experts" who testified in front of HO Mitchell, said Lindamood Bell isn't appropriate because, "if you go and look at the pictures on their website and everything, it is specifically for elementary."
- [Your Fairfax County School Board Member: Karen Keys-Gamarra](https://specialeducationaction.com/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.
- [Virginia Department of Education, Carelessness & Literacy Grant Award Notifications](https://specialeducationaction.com/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.
- [Your Fairfax County School Board Member: Stephen Hunt](https://specialeducationaction.com/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.
- [FCPS Office of Special Education Procedural Support Has a History of Privacy Breaches](https://specialeducationaction.com/fcps-office-of-special-education-procedural-support-has-a-history-of-privacy-breaches/) - [This article was updated November 11, 2021, to include more FERPA violations.] 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.
- [Fairfax County Public Schools: Please Explain Your "HIPAA Compliance Concerns"](https://specialeducationaction.com/fairfax-county-public-schools-please-explain-your-hipaa-compliance-concerns/) - [This article was first published September 30, 2021. That same day, a Fairfax County Judge ordered that Debra Tisler and I not disseminate the materials she received in response to a FOIA request. I took down the article, which included documents from the FOIA response. This came after Fairfax County School Board (FCSB) took legal action against me and Debra. Today, November 16, 2021, after over a month of Debra and I being censored, Judge Richard Gardiner struck down FCSB's unconstitutional attempts to shut down our speech. Hence, this article is live again. Not exactly a breach of children's or personnel privacy as FCSB tried to indicate, is it?] 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?
- [Fairfax County Public Schools: Please Explain "Misuse of Bond Proceeds"](https://specialeducationaction.com/fairfax-county-public-schools-please-explain-misuse-of-bond-proceeds/) - [This article was first published September 29, 2021. September 30, 2021, a Fairfax County Judge ordered that Debra Tisler and I not disseminate the materials she received in response to a FOIA request. I took down the article, which included documents from the FOIA response. This came after Fairfax County School Board (FCSB) took legal action against me and Debra. Today, November 16, 2021, after over a month of Debra and I being censored, Judge Richard Gardiner struck down FCSB's unconstitutional attempts to shut down our speech. Hence, this article is live again. Not exactly a breach of children's or personnel privacy as FCSB tried to indicate, is it?] 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?
- [Parents and First Amendment Prevail; Judge Rules Against Fairfax County School Board](https://specialeducationaction.com/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.
- [What is Fairfax County Public Schools Trying to Hide? These 1,316 Pages of Clues Provide Answers](https://specialeducationaction.com/what-is-fairfax-county-public-schools-trying-to-hide-these-1316-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.
- [Fairfax County Public Schools Found in Violation of FERPA; Virginia Department of Education Refuses to Find FCPS at Fault for Systemic Noncompliance](https://specialeducationaction.com/fairfax-county-public-schools-found-in-violation-of-ferpa-virginia-department-of-education-refuses-to-find-fcps-at-fault-for-systemic-noncompliance/) - November 26, 2021, Fairfax County Public Schools (FCPS) was found in noncompliance of FERPA (Family Educational Rights and Privacy Act) regulations by the Virginia Department of Education (VDOE). VDOE concluded that that the legal invoices at the core of the investigation, which contain personally identifiable information (PII) about children, "are maintained by the school division, therefore they are education records under FERPA and this matter is within our jurisdiction." In addition, VDOE rejected the following argument posed by FCPS, thus acknowledging that initials constitute PII: "Under the definition of PII, information is PII if it is possible to identify a student with reasonable certainty. In this case, students E1 and E2 have a different last name as the parent, and so the disclosure of parent name does not make the students identifiable." Although VDOE determined the matter in its jurisdiction and once again found FCPS noncompliance, VDOE refused to place weight on the thousands of students whose privacy FCPS has breached over the past five years, and did not "characterize" FCPS's noncompliance as systemic.
- [Clue of the Date: 12.3.21](https://specialeducationaction.com/clue-of-the-date-12-3-21/) - Clue of the Day What is Fairfax County Public Schools trying to hide? "Attention to email correspondence with C. Rosenberg regarding status of investigation and communications with DOJ. "Conference call with AUSA Pedersen regarding status and developments."
- [Special Education Action YouTube Channel Launched](https://specialeducationaction.com/special-education-action-youtube-channel-launched/) - Last week, Special Education Action launched a YouTube Channel. The videos feature responses from Freedom of Information Act (FOIA) requests, such as Fairfax County Public Schools' (FCPS) restraint and seclusion training videos, school web site pages (to preserve in case the pages are deleted), and documents (to preserve in case something happens to the hard copies). Although the videos posted to date are FCPS focused, the intent is to include videos related to education throughout the United States.
- [Fairfax County Public Schools Restraint & Seclusion Policy Training Videos](https://specialeducationaction.com/fairfax-county-public-schools-restraint-and-seclusion-policy-training-videos/) - After years of traumatizing children through its use of restraint and seclusion practices, Fairfax County Public Schools (FCPS) in Virginia made headlines the past few months after FCPS finally settled a lawsuit filed against it. Although FCPS schools has committed to banning restraint and seclusion practices in all of its schools, "including private schools with whom FCPS contracts, by the start of the 2022-2023 school year," questions remain about the training being provided to FCPS staff. Restraint and seclusion videos in this article were created by FCPS and made public in response to a FOIA request.
- [Court Transcripts: Fairfax County School Board vs. Tisler, et al.](https://specialeducationaction.com/court-transcripts-fairfax-county-school-board-vs-tisler-et-al/) - I continue to be asked if I'd share the court transcripts related to Fairfax County School Board's (FCSB) lawsuit against me and Debra Tisler. The transcripts can be found in the article "Update on Fairfax County School Board's Legal Action Against Parents," which is a running update of what's going on with the case. I'm posting them again here, for easy access.
- [FCSB Files Motion for Nonsuit after Suing Parents and Failing to Prevail in Court; Judge Signs Order to Nonsuit](https://specialeducationaction.com/fcsb-files-motion-for-nonsuit-after-suing-parents-and-failing-to-prevail-in-court-judge-signs-order-to-nonsuit/) - Fairfax County School Board (FCSB) filed a "Motion for Nonsuit" after failing to prevail in its lawsuit against me and another Fairfax County Public Schools (FCPS) parent. December 22, 2021, Judge Richard E. Gardiner signed an "Order to Nonsuit". Although the nonsuit removes the suit from the docket—as if it never happened—the suit happened and won't be forgotten. Prior restraint is not legal.
- [Less James Bond and More Sherlock Holmes](https://specialeducationaction.com/less-james-bond-and-more-sherlock-holmes/) - Obtaining information that might help you make a case in favor of helping your student—or which could prove the noncompliance of your school district—is often a matter of paying attention to what's around you. Years ago I had the honor of working with LTG Samuel Vaughan Wilson. General Sam was the youngest of Merrill's Marauders and went on to have an extraordinary career in the military in the decades that followed. (Too much to include here.) He once told me that obtaining information is less about being James Bond and more about being Sherlock Holmes. We don't need hi-tech devices to obtain the information we need. Often, it is staring us right in the face.
- [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](https://specialeducationaction.com/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/) - [This article was first published September 29, 2021. On September 30, 2021, a Fairfax County Judge ordered that Debra Tisler and I not disseminate the materials she received in response to a FOIA request. I took down the article, which included documents from the FOIA response. This came after Fairfax County School Board (FCSB) took legal action against me and Debra. Today, November 16, 2021, after over a month of Debra and I being censored, Judge Richard Gardiner struck down FCSB's unconstitutional attempts to shut down our speech. Hence, this article is live again. Not exactly a breach of children's or personnel privacy as FCSB tried to indicate, is it?] 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.
- [College Board Fails to Provide "Universal Features" to All Students; Students with Accommodations Suffer](https://specialeducationaction.com/college-board-fails-to-provide-universal-features-to-all-students-students-with-accommodations-suffer/) - College Board continues to fail students who need accommodations. It does not ensure the provision of its "universal features" to all students, which in turn impacts the students' test-taking experiences and scores. "Universal features" are the "common administrative features" shared by College Board tests. These common features are supposed to be provided to all students, which in turn negates the need to ask for one of these "universal features"—such as a quiet testing environment—as an accommodation. And yet . . . College Board continues its failure to ensure all students who have accommodations receive a testing environment that includes College Board's "universal features".
- [Fairfax County School Board Spent Over $115,000 on Lawsuit it Tried to Make Disappear; More Legal Invoices to Come](https://specialeducationaction.com/fairfax-county-school-board-spent-over-115000-on-lawsuit-it-tried-to-make-disappear-more-legal-invoices-to-come/) - In a period of just two weeks, between September 16 and September 30, 2021, Fairfax County School Board (FCSB) racked up legal fees of $116,001.42 with law firm Hunton Andrews Kurth, in relation to one lawsuit that later it tried to make disappear. Matters related to the lawsuit continued into December, to include two hearings and a nonsuit, so the final bill is expected to be in excess of $200,000. The lawsuit was filed against me and another FCPS (Fairfax County Public Schools) parent after this site published some of FCPS's legal invoices. The published invoices were obtained legally after FCPS released 1,316 pages as part of a Freedom of Information Act (FOIA) response. FCPS later tried to claw back the documents after being made aware it released documents damaging to its reputation. When that didn't work, FCSB filed a lawsuit.
- [FCPS at Fault for Two More Privacy Breaches; Released Mental Health Information About Almost 60 Thomas Jefferson High School Students](https://specialeducationaction.com/fcps-at-fault-for-two-more-privacy-breaches-released-mental-health-information-about-almost-60-thomas-jefferson-high-school-students/) - October 8th and 28th of 2021, Fairfax County Public Schools (FCPS) again breached the privacy of its students, to include sharing mental health-related information for about 60 Thomas Jefferson High School students.
- [Loudon County Public Schools at Fault for Systemic Violations Related to Independent Educational Evaluations; Must Reimburse Parents for Out-of-Pocket Costs](https://specialeducationaction.com/loudon-county-public-schools-at-fault-for-systemic-violations-related-to-independent-educational-evaluations/) - January 28, 2022, the Virginia Department of Education issued a Letter of Findings in which it ruled Loudon County Public Schools "to be in noncompliance with regard to cost containment criteria, submission or reports, and pre-evaluation discussions," related to Independent Educational Evaluations. In a surprising move from a state agency averse to investigating complaints at a systemic level, VDOE ordered LCPS to "reimburse parents who have paid out of pocket for IEEs due to the unreasonable cost containment criteria," which means the Corrective Action Plan encompasses parents who were not included in the initial complaint.
- [Fairfax County School Board's Legal Fees for Prior Restraint Lawsuit Against Parents Now Expected to Exceed $300,000](https://specialeducationaction.com/fairfax-county-school-boards-legal-fees-for-prior-restraint-lawsuit-against-parents-now-expected-to-exceed-300000/) - "What we're doing here is -- what the defendants are doing is enforcing their rights under the First Amendment, and those rights, enforcing their rights under the First Amendment, is about as high in the public interest scale as you can get." ~Judge Richard E. Gardiner November 16, 2021, Judge Richard E. Gardiner ruled that a Fairfax County School Board's (FCSB) lawsuit against two parents was "about as much a prior restraint as there ever could be" and he characterized one of the Board's arguments as "almost frivolous." As legal fees continue to roll in, the total spent by FCSB now is expected to exceed $300,000. The irony of the FCSB wasting $200,000+ of taxpayer funds to sue two taxpayers who dared to expose wasteful spending is impossible to ignore.
- [Office of Civil Rights Opens Investigation into Fairfax County Public Schools; Retaliation](https://specialeducationaction.com/office-of-civil-rights-opens-investigation-into-fairfax-county-public-schools-retaliation/) - Fairfax County Public Schools is again the focus of an investigation by the United States Department of Education's Office of Civil Rights. January 27, 2022, OCR issued a letter announcing the opening of the investigation. Retaliatory actions are the focus of the complaint.
- [Former VDOE Superintendent James Lane Heads to Washington; How Will U.S. Dept. of Education Defend Hiring the Official Who Reigned Over Years of VDOE Failures?](https://specialeducationaction.com/vdoes-james-lane-heads-to-washington-d-c-how-will-u-s-dept-of-education-defend-hiring-the-official-at-the-helm-during-vdoes-years-of-failures/) - James Lane, the former superintendent of public instruction at the Virginia Department of Education (VDOE) is making a move from Richmond to Washington, D.C. How will USDOE defend hiring the senior official who reigned over so many years of failure?
- [U.S. Dept. of Education Finds Virginia at Fault for Continued Noncompliance](https://specialeducationaction.com/u-s-dept-of-education-finds-virginia-at-fault-for-continued-noncompliance/) - The United States Department of Education determined the Virginia Department of Education "has not demonstrated correction of all the noncompliance identified in USDOE's June 23, 2020, Differentiated Monitoring and Support monitoring letter and that it remains "concerned about the volume and nature of the concerns raised by [multiple parents and other stakeholders]." February 8, 2022, USDOE sent VDOE its response to VDOE's corrective action information. Special Education Action obtained the February 8, 2022, letter yesterday in response to a FOIA request submitted to VDOE.
- [U.S. Dept. of Ed. Announces Initiative to Stop Practice of Paying Less than Minimum Wage to Individuals who have Disabilities](https://specialeducationaction.com/u-s-dept-of-ed-announces-initiative-to-stop-practice-of-paying-less-than-minimum-wage-to-individuals-who-have-disabilities/) - March 18, 2022, the United States Department of Education's Rehabilitation Services Administration announced an initiative that is "aimed at increasing access for people with disabilities to jobs that pay good wages." According to a press release distributed by USDOE, the initiative "is the largest discretionary grant administered by RSA, with $167 million available to State Vocational Rehabilitation agencies and their partners . . ."
- [Fairfax County Public Schools Leadership Team Annual Employment Contracts](https://specialeducationaction.com/fairfax-county-public-schools-leadership-team-annual-employment-contracts/) - Employment contracts for Fairfax County Public Schools' (FCPS) leadership team were released today. FCPS released them in response to a FOIA request submitted by parent Debra Tisler — and then turned around and attempted to recall the response. The contracts provided to her today include information that should be publicly available as it details the terms of contracts for FCPS Superintendent Scott Brabrand and numerous other "leadership team" members who are responsible for the education of Fairfax County's students and the running of its school system.
- [Are Schools Required To Conduct Their Own Evaluations After Independent Educational Evaluations Are Conducted?](https://specialeducationaction.com/are-schools-required-to-conduct-evaluations-after-iees-are-conducted/) - Are schools required to conduct their own evaluations after an independent educational evaluation (IEE) is conducted? "No," is the answer from Rory Duffield and Lourrie Duddridge, two senior specialists with Fairfax County Public Schools (FCPS), one of the largest school districts in the United States.
- [U.S. Department of Education Announces Intent to Amend Regulations Implementing Section 504, Requests Public Input](https://specialeducationaction.com/u-s-department-of-education-announces-intent-to-amend-regulations-implementing-section-504-requests-public-input/) - May 6, 2022, the United States Department of Education (USDOE) announced its intent to amend Section 504 of the Rehabilitation Act of 1973 and to "gather public input on possible amendments to those regulations in order to strengthen and protect the rights of students with disabilities." USDOE's announcement comes 45 years after Joseph Califano, President Jimmy Carter's Health, Education, and Welfare Secretary, finally signed the Section 504 regulations April 28, 1977.
- [Due Process Transcript, Fauquier County Public Schools, Virginia, Hearing Officer Frank Aschmann](https://specialeducationaction.com/due-process-transcript-fauquier-county-public-schools-virgina-hearing-officer-frank-aschmann/) - Here you'll find the hearing officer's decision and the transcripts for a two-day due process hearing, which Fauquier County Public Schools (FCPS) filed against the parents of a student who was clinically diagnosed with autism spectrum disorder, emotional disability, ADHD, and anxiety, and who at the time of the hearing had an Individualized Education Program (IEP). FCPS filed the due process with the purpose of 1) proving the student isn't eligible for an IEP and 2) terminating the student's IEP.
- [The Things Hearing Officers Say & Do: Virginia HO Frank Aschmann](https://specialeducationaction.com/the-things-hearing-officers-say-do-virginia-ho-frank-aschmann/) - This page is devoted to what Virginia Hearing Officer Frank Aschmann has said and done. It will be updated to include due process decisions, due process transcripts, due process subpoenas and motions, emails, and other documents.
- [Fairfax County Public Schools Refused to Update Transition Plan; VDOE Found FCPS in Compliance, Faulted Parent for Not Requesting Updated Transition Plan](https://specialeducationaction.com/fairfax-county-public-schools-refused-to-update-transition-plan-vdoe-found-fcps-in-compliance-faulted-parent-for-not-requesting-updated-transition-plan/) - Fairfax County Public Schools, Virginia, refused to update the transition plan in a student's Individualized Education Plan. After the student's parent filed a state complaint with the Virginia Department of Education, VDOE issued a Letter of Findings that found FCPS in compliance with the Individuals with Disabilities Education Act and faulted the parent for not requesting an updated transition plan. Among other things, the LOF states: "In reaching our finding on this Subissue, we find the following compelling: "There is no indication in the record that Parent requested revision to Student's transition plan . . ."
- [How to Submit a Freedom of Information Act Request](https://specialeducationaction.com/how-to-submit-a-freedom-of-information-act-request/) - The Freedom of Information Act (FOIA) provides the public access to records held by public bodies. As FOIA.gov stated, the freedom of information act “is a vital part of our democracy.” Learn how to write and submit a FOIA request, and learn about some of the issues that may arise in response to your request submission.
- [(June 13, 2022, Update) Due Process Case 22-84, Chesterfield County Public Schools, Virginia: Subpoenas, Motions, Transcripts, and More](https://specialeducationaction.com/due-process-case-22-84-chesterfield-county-public-schools-virginia-subpoenas-motions-transcripts-and-more/) - June 13, 2022, Update: Transcripts for due process days March 25th, 28th, 29th, and 30th, 2022, were added. Thank you to two Chesterfield County, Virginia, parents for sharing their due process experiences and associated documents. You'll find the hearing transcripts at the end of this article. In the coming weeks, subpoenas, motions, and other documents will be added, providing readers an example of how due process hearings play out record by record.
- [(6.9.22 Update) Fairfax County Public Schools Levies Service Fee for Service it Doesn't Provide, Fails to Follow and Update Its Own Pricing Guidelines](https://specialeducationaction.com/fairfax-county-public-schools-levies-service-fee-for-service-it-doesnt-provide-fails-to-follow-and-update-its-own-pricing-guidelines/) - (This article was first published May 6, 2022. It was updated May 9, 2022, to include new information provided by School Board Member Megan McLaughlin. Scroll to the bottom of the article to see the update.) Fairfax County Public Schools (FCPS) is at fault for the following issues: 1) levying a service fee for a service it doesn't provide; 2) failing to follow its own pricing guidelines; 3) failing to update its pricing guidelines and failing to have a system in place to identify needed updates; 4) failing to have a system in place to catch fee charging and collection issues; 5) failing to train staff to understand fee charging and collection issues, and to think creatively and critically to identify and/or suggest solutions for such issues; and 6) making the already expensive post-high school graduation planning process more expensive for families and students.
- [Fairfax County Pay-to-Play Education Continues to Generate Revenue for County; Fails to Address Discrimination](https://specialeducationaction.com/fairfax-county-pay-to-play-education-continues-to-generate-revenue-for-county-fails-to-address-discrimination/) - January 2021, the United States Department of Education (USDOE) Office of Civil Rights (OCR) launched an investigation into Fairfax County Public Schools’ (FCPS) practices of refusing to provide in-person instruction to students with disabilities, while at the same time opening “its schools to in-person child-care for general education students.” A year and a half after OCR announced the investigation, FCPS's current actions paint a portrait of a school district aggressive in its efforts to collect education-access fees from general education students, but lackadaisical in its efforts to address the needs of students whose IEPs weren't implemented in full during its 2019-20 COVID closures.
- [Writing State Complaints: Stick to the Facts](https://specialeducationaction.com/writing-state-complaints-stick-to-the-facts/) - Parents often write state complaints under a veil of pain and frustration. View an example of a tightened version of an already filed state complaint.
- [Ch-Ch-Ch-Ch-Changes; Time for Change and Thanks](https://specialeducationaction.com/ch-ch-ch-ch-changes-time-for-change-and-thanks/) - #Special Education Action has a new look. You'll notice a more robust menu, with a wider variety of categories to explore. More important, you'll notice the site is on its way to being ADA compliant.
- [Excel Did It; Teacher Attributes Curious Information in Comp Ed Tracking Spread Sheet to Auto-Population](https://specialeducationaction.com/excel-did-it-teacher-attributes-curious-information-in-comp-ed-tracking-spread-sheet-to-auto-population/) - September 17, 2020: Article first published. February 20, 2023, article updated to include the introduction below in italics. November 30, 2022, Office for Civil Rights (OCR) publicly released its letter of findings about, and resolution agreement with, Fairfax County Public Schools (FCPS). One OCR finding focused on FCPS's failure to track the provision of "recovery services" during the "COVID period" (April 2020–June 2022) investigated by OCR. We'd be splitting hairs if we tried to determine enormous differences between "recovery" and "compensatory" services, so for the purposes of this introduction, I'm lumping them together since there was no credible or reliable tracking system for either prior to COVID. OCR just took its time nailing FCPS for this issue. OCR cited the following appalling anecdote about recovery services tracking in its 2022 findings: "She also urged teachers “to be just really careful when” recording those services on students’ IEPs. As she went on to explain, after running “a SEA-STARS report,” the Division had found that for “60% of the students who ha[d] recovery services on the services grid of their IEP, it was just a clerical error." What follows in this article provides an appalling example related to compensatory services tracking failures. In addition, it provides more proof that the problems for which OCR found FCPS in noncompliance had been years in the making. They weren't unique to COVID.
- [Accommodation Breakdown: Clarification of Directions and Expectations](https://specialeducationaction.com/accommodation-breakdown-clarification-of-directions-and-expectations/) - Imagine a teacher assigns a writing project, requiring students to write three paragraphs related to an element on the periodic table. Imagine one student writes three paragraphs about Chlorine and turns it into the teacher. Now, imagine the teacher returning the paper back to the student, with red marks noting points taken off and the message, "I expected five sentences per paragraph." What happened?
- [VFOIA-6763 Response: FCPS's Recovery Services and/or Comp Ed Records and Practices](https://specialeducationaction.com/vfoia-6763-response-fcpss-recovery-services-and-or-comp-ed-records-and-practices/) - October 21, 2022, I submitted a Freedom of Information request (FOIA) to Fairfax County Public Schools (FCPS). The request was for the following: 1) any forms, letters, or documentation that address FCPS advising parents to pick their own recovery services and/or comp ed provider 2) any forms, letters, or documentation that address FCPS advising parents FCPS will reimburse parents for recovery services and/or comp ed. 3) any forms, letters, or documentation that address FCPS capping the service provider payment amount to a certain amount of dollars per hour and/or per service. I know the above has already been provided to parents. I’m not asking for their educational records. I know FCPS has internal records and form letters it developed. I know that responsive records that are not also educational records exist. This should include but not be limited to any training materials, slides, videos, presentations, too.
- [Perez v Sturgis: Will Supreme Court's Decision Lead to Helping or Harming Students?](https://specialeducationaction.com/perez-v-sturgis-will-supreme-courts-decision-lead-to-helping-or-harming-students/) - January 18, 2023, the Supreme Court heard oral arguments in Perez v Sturgis Public Schools. The case focuses on 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act's (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. It is based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS). Heartache and Lies Instead of FAPE For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn't read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma. His experiences with SPS during those years are heartbreaking.
- [Dear VDOE: Why Did Sam Hollins Include Incorrect Information in Her Response to U.S. DOE's Monitoring Letter on Virginia?](https://specialeducationaction.com/dear-vdoe-why-did-sam-hollins-include-incorrect-information-in-her-response-to-u-s-does-monitoring-letter-on-virginia/) - September 2, 2020: Article published. January 24, 2023: Article republished with new introduction (see italics below). Almost three years ago, U.S. Department of Education Office of Special Education Programs issued a Differentiated Monitoring and Support report on Virginia. In response, VDOE issued a ten-page letter from Superintendent of Special Education and Student Services Samantha Hollins, which included false and misleading information. In the years that have followed, noncompliance has continued in Virginia, as has Samantha's failure to release a public statement correcting and/or apologizing for the false information in her previous ten-page letter. Within the last two months, VDOE's failures made the news again when Office for Civil Rights issued two letters of finding for two Virginia agencies: Fairfax County Public Schools and Southeastern Cooperative Educational Programs. The big question now: Will USDOE eventually pull funding for Virginia as it did for Texas, when Texas hit its post-DMS release three-year mark?
- [Mediators: Know Who Constitutes an "Impartial Mediator"](https://specialeducationaction.com/mediators-know-who-constitutes-an-impartial-mediator/) - §300.506(c)(1) states mediators may not be an employee of the state education agency (SEA) or local education agency (LEA) that is involved in the education or care of the child. Makes you think that the mediator lined up for your mediation will be impartial—and won't be an employee of the SEA or LEA—right? That sort of thinking does make sense, but in this Bizarro World of special education regulations and laws and school divisions and lawyers and parents and kids . . . Things don't always turn out as they should.
- [U.S. Dept. of Ed. Finds Arkansas and Michigan in Noncompliance with IDEA](https://specialeducationaction.com/u-s-dept-of-ed-finds-arkansas-and-michigan-in-noncompliance-with-idea/) - United States Department of Education (USDOE) Office of Special Education Programs (OSEP) has found the states of Arkansas and Michigan in noncompliance with Individuals with Disabilities Education Act (IDEA). January 12, 2023, OSEP issued differentiated monitoring support (DMS) reports for both states. In addition to including findings of noncompliance, the reports include required actions and timelines by which those actions must occur.
- [Class Action Lawsuit Filed Against Virginia Department of Education and Fairfax County School Board; Alleges Civil Rights Violation of Students Who Have Special Needs](https://specialeducationaction.com/class-action-lawsuit-filed-against-virginia-department-of-education-and-fairfax-county-school-board-alleges-civil-rights-violation-of-students-who-have-special-needs/) - January 25, 2023: Article republished and updated to include amended complaint filed January 20, 2023. September 21, 2022, a federal class action lawsuit was filed against the Virginia Department of Education (VDOE) and Fairfax County School Board (FCSB), for violations of the rights of students under the U.S. Constitution and the Individuals with Disabilities Act (IDEA). The Civil Rights Clinic of Georgetown Law School, the law firm of Susman Godfrey, LLP (each working pro bono), and Merritt Law, PLLC, collaborated to develop and file the case. According to the complaint, plaintiffs allege that the Virginia due process hearing officers are not impartial, but in fact, have the worst ruling record of any major state in the entire country with respect to parents who have brought claims under the IDEA.
- [The Mysterious Case of the Virginia Department of Education Mail (Unexplained Missing Notices of Complaint and Much Much More)](https://specialeducationaction.com/the-mysterious-case-of-the-virginia-department-of-education-mail-unexplained-missing-notices-of-complaint-and-much-much-more/) - Article first published: September 4, 2020. Article updated with introduction in italics below: February 16, 2023. Not long ago, another slice of VDOE mail went MIA after leaving VDOE's Bermuda Triangle of a mailroom. As happened previously, I contacted VDOE and VDOE said it was sent, and then after some cajoling, VDOE got with the times and emailed it. Given this has happened more than once, I'm beginning to wonder if VDOE is using this as a way to extend its deadlines. Just say something was mailed and wait until the person on the other end asks, "What gives?"—and then at this point either say "oops, mailroom mystery" and remail (or email it), or wait a few more days if the document isn't completed and send it then. If you've experienced this yourself, please let me know. Somethings smells rotten in VDOE land. The Virginia Department of Education (VDOE) Mail and I tangled for the first time back in 2017. It was summer, the temperature was skyrocketing, and air conditioners were chugging along like The Little Engine That Could, just trying to make their way through each day. Even the mosquitoes went into hiding. I was waiting on a response to a state complaint.
- [That Time I Left an IEP Meeting and Forgot to Grab My Recorder (Which was Still Recording)](https://specialeducationaction.com/that-time-i-left-an-iep-meeting-and-forgot-to-grab-my-recorder-which-was-still-recording/) - September 9, 2020: Article first published. February 15: Article republished with introduction in italics below. About four-and-a-half years ago, I left my recording device in a room when I left. To date, FCPS has yet to address this, other than the time its counsel John Cafferky insinuated during a due process hearing that it was an intentional ham-handed attempt to try to catch FCPS doing something. It wasn’t. FCPS does quite well at screwing up on its own. No need for anyone to try to catch what’s already publicly displayed. However, it played well for John and the hearing officer wouldn’t allow the recording to be used. I’m still trying to find out what FCPS staff member Heather Bousman-Stanczak meant when she said, “This isn’t a Title IX office and division counsel at this point . . .” If readers have any information, please let me know. 8.15.18: I attended an IEP meeting. When I left the meeting room, I accidentally left behind my recorder, which was still recording. The recorder captured comments by FCPS members of the IEP team (Procedural Support Liaison Program Manager Angelina Prestipino, Procedural Support Liaison Jean Massie, Dyslexia Resources Regional Point of Contact Tracy Puckett, and Assistant Principal Heather Bousman-Stanczak), which they started making immediately after I left the room. They wasted no time.
- [Fairfax County Public Schools Ignores Office for Civil Rights; Noncompliance Continues, Part II](https://specialeducationaction.com/fairfax-county-public-schools-ignores-office-for-civil-rights-noncompliance-continues-part-ii/) - Round and round and round we go. Where Fairfax County Public Schools' noncompliance will stop nobody knows. November 30, 2022, Office for Civil Rights released its letter of findings and resolution with FCPS. This followed OCR's directed investigation of FCPS, which found massive noncompliance impacting over 25,000 students with IEPs or 504 Plans. Yet, FCPS's noncompliance—for the very issues identified by OCR—continues to occur almost three months after OCR made its findings and resolution public. In Part II of this series, I address FCPS reducing, limiting & watering down services and instruction—and then its refusal to provide compensatory education to address this noncompliance.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part III](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-iii/) - This is part III in a series about Fairfax County Public Schools ignoring Office for Civil Rights' November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR's findings, OCR's findings, noncompliance that continues to occur, FCPS's open defiance of OCR's findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR. The focus of part III is FCPS's refusal to convene teams of knowledgeable committee members, its refusal to use and document data in compliance with IDEA and Section 504, and its refusal to ensure individuals with credentials to interpret data are in attendance at IEP or 504 Plan meetings.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part I](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-i/) - Fairfax County Public Schools was found at fault for massive systemic noncompliance by Office for Civil Rights. November 30, 2022, OCR released its letter of findings and resolution agreement with FCPS. The latter outlines steps FCPS is required to take to address the 25,000+ students with IEPs or 504 plans that it failed between April 2020 and June 2022. Yet, not even OCR's findings, or the fact FCPS entered into a resolution agreement with OCR, seem to have what it takes to put even a temporary stop to FCPS's noncompliance.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part V](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-v/) - This is part V in a series about Fairfax County Public Schools ignoring Office for Civil Rights’ November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR. The focus of part V is FCPS's practice of equating provision of a computer with provision of a Free Appropriate Public Education—and then denying compensatory education.
- [U.S. Dept. of Education Finds Montana in Noncompliance with IDEA](https://specialeducationaction.com/u-s-dept-of-education-finds-montana-in-noncompliance-with-idea/) - "OSEP staff noted a discrepancy between the high levels of compliance reported by the State in its SPP/APR and actual implementation." ~United States Department of Education Office of Special Education Programs United States Department of Education Office of Special Education Programs has found the state of Montana in noncompliance with Individuals with Disabilities Education Act.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part IV](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-iv/) - This is part IV in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR. The focus of part IV is FCPS’s refusal to provide access to educational records, specifically "information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs."
- [Virginians: $1,500 and $3,000 Grants are Available to Help Your Children](https://specialeducationaction.com/virginians-1500-and-3000-grants-are-available-to-help-your-children/) - Qualifying students in Virginia can receive grants of $1,500 or $3,000 for tutoring, specialized therapy, and/or assistive technology, to help address the impact COVID-19 had on academic and mental health. The grants do not have to be paid back, however they must be spent within a specific period and can be pulled if not used with 30 days of the grants being provided. Learn who is eligible and how to apply.
- [The Curious Case of Virginia Dept. of Education's State Complaint Findings: Determining Nature of Specially-Designed Instruction During Eligibility](https://specialeducationaction.com/the-curious-case-of-virginia-dept-of-educations-state-complaint-findings-determining-nature-of-specially-designed-instruction-during-eligibility/) - Virginia Department of Education has a long history of engaging in incomplete state complaint investigations, making irregular decisions following its state complaint investigations, and/or ignoring credible allegations of noncompliance altogether. 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. [Insert "Twilight Zone" theme song here.]
- [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?](https://specialeducationaction.com/u-s-dept-of-education-to-investigate-va-dept-of-educations-response-to-fairfax-county-public-schools-civil-rights-violations-what-actions-has-vdoe-taken-with-similarly-situated-districts/) - United States Department of Education Office of Special Education Programs announced its continued investigation into Virginia Department of Education will include examining VDOE's "response to the Department’s Office for Civil Rights findings that Fairfax County Public Schools failed or was unable to provide a free appropriate public education to thousands of students with services identified in the students’ individualized education programs during remote learning. Specifically, OSEP would like to learn about the actions the State has taken, or plans to take, with similarly situated districts in light of these findings." 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.
- [FCPS Knows Its IEPs Are Noncompliant, Leads Hearing Officer, Virginia Dept. of Ed., Staff, and Parents to Believe Otherwise](https://specialeducationaction.com/fcps-knows-its-ieps-are-noncompliant-leads-hearing-officer-virginia-dept-of-ed-staff-and-parents-to-believe-otherwise/) - Dawn Schaefer, director of Fairfax County Public Schools' (FCPS) Office of Special Education Procedural Support and Michelle Boyd, FCPS's former assistant superintendent for the Department of Special Services (from 2020 through July 2023) and now assistant superintendent of region six, have a history of advising parents, staff, Virginia Department of Education (VDOE), and/or Virginia hearing officers that FCPS’s IEPs are in compliance with IDEA and implementing state regulations—even though VDOE's state complaint letters of finding and its 2022 monitoring report, and the two-year special education audit FCPS commissioned itself, indicate 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.
- [What Is An Education Record?](https://specialeducationaction.com/what-is-an-education-record/) - To fully access your student's education records, you must have a full understanding of the definition of "education records". The same holds true if you are trying to monitor whether the confidentiality of the student's records is being maintained. An education record simply isn't a file consisting of report cards and progress reports. It includes such records as emails and legal invoices, too.
- [FCPS Had a Pandemic Plan in 2007; Internal Records Provide Toxic Portrait of FCPS's "Best and Brightest"](https://specialeducationaction.com/fcps-had-a-pandemic-plan-in-2007-internal-records-provide-toxic-portrait-of-fcpss-best-and-brightest/) - David Halberstam's The Best and the Brightest comes to mind when reviewing Fairfax County Public Schools' internal records. A FOIA request FCPS is still heading to court over, and records collecting digital dust in Fairfax County School Board's collection of online documents, comprise the bulk of the records. In 2006, the United States Department of Education (USDOE) warned school districts that pandemics were on the horizon and advised them to prepare pandemic plans. FCPS took heed and had a plan in development by 2007. Between 2007 and now, a portrait emerged of leaders who were dazzled by themselves and their colleagues, "how extraordinary they were, each brighter than the next . . ."
- [(7.22.22 Update) Fairfax County Employee Accused of Stealing Students’ Medications; Criminal Investigation Ensues ](https://specialeducationaction.com/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.
- [FOIA Response: Records FCPS Provided to Office of Civil Rights for OCR's COVID Investigation](https://specialeducationaction.com/foia-response-records-fcps-provided-to-office-of-civil-rights-for-ocrs-covid-investigation/) - January 2021, the United States Department of Education Office of Civil Rights launched an investigation into Fairfax County Public Schools, for civil rights violations related to the COVID pandemic. 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.
- [Fairfax County Public Schools Provided Recovery Services to Less Than 1% of Students](https://specialeducationaction.com/fcps-provided-recovery-service-to-less-than-1-of-students/) - As of February 2022, less than 1% of Fairfax County Public Schools students had been provided recovery services or had "recovery services indicated on their IEP in some form."
- [Accommodation Breakdown: Flash Pass](https://specialeducationaction.com/accommodation-break-down-flash-pass/) - The flash pass accommodation is a life saver. Unfortunately, it wasn't on my radar until middle school. It's an accommodation I'd recommend for both older and younger ages. What is a Flash Pass? A Flash Pass allows a student to leave class without having to 1) ask permission or 2) provide an explanation.
- [Fairfax County Public Schools Withheld Records from Office of Civil Rights; FCPS Didn't Provide Full Response to OCR's Investigation Data Request](https://specialeducationaction.com/fairfax-county-public-schools-withheld-records-from-office-of-civil-rights-fcps-didnt-provide-full-response-to-ocrs-investigation-data-request/) - Fairfax County Public Schools failed to provide the United States Department of Education Office of Civil Rights a full response to OCR's request for data. 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.
- [For Students, Virginia's "Bridging the Gap" Program is a Bridge too Late & to Nowhere](https://specialeducationaction.com/for-students-virginias-bridging-the-gap-program-is-a-bridge-too-late-to-nowhere/) - Fairfax County Public Schools, Virginia's largest school district—and one of the largest school districts in the nation—has spent merely 5% of the $188.7 million from the American Rescue Plan. This number was reported today in Linda Jacobson's article for "The 74", "Facing Pandemic Learning Crisis, Districts Spend Relief Funds at a Snail's Pace". 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.
- [Accommodation Breakdown: Copies of Teacher Notes](https://specialeducationaction.com/accommodation-break-down-copies-of-teacher-notes/) - "Copies of Teacher Notes" This is another accommodation I thought to be straightforward. How could it possibly be interpreted any other way than the teacher providing all teacher notes to the student in advance of the class? But wait boys and girls, there's more—always more to an accommodation than any of us expected.
- [Sample State Complaint: Noncompliance, Student Records—Confidentiality](https://specialeducationaction.com/sample-state-complaint-noncompliance-student-records-confidentiality/) - The is a complaint that was submitted to the Virginia Department of Education (VDOE). VDOE found Fairfax County Public Schools (FCPS) in noncompliance. VDOE’s Letter of Findings, in which it stated FCPS’s noncompliance is included, following the complaint.
- [Fairfax County Teacher Assaulted Special Education Student; FCPD Seeks Information from Public](https://specialeducationaction.com/fairfax-county-teacher-assaulted-special-education-student-fcpd-seeks-information-from-public/) - September 21, 2022, Fairfax County Police Department (FCPD) announced that detectives from its Major Crimes Bureau’s Child Abuse Squad charged 60-year-old instructional assistant Mark MacDicken "for assaulting a juvenile student." This occurred after two teachers walked into their classroom and witnessed McDicken assaulting a student who has special needs.
- [Accommodation Breakdown: The Assignment Notebook (a.k.a. the Most-Changed and Least-Implemented Accommodation)](https://specialeducationaction.com/accommodation-break-down-the-assignment-notebook-a-k-a-the-most-changed-and-least-implemented-accommodation/) - This is the accommodation that warrants its own evolution chart. In my experience, it has the dubious honor of being the most-changed, least-followed, and most misunderstood accommodation that I've ever seen played out.
- [Virginia State Superintendent Admits Accreditation Standards are Unreliable Measure of School Performance; Number of Failing Students Tripled in Reading, Quadrupled in Math](https://specialeducationaction.com/virginia-state-superintendent-admits-accreditation-standards-are-unreliable-measure-of-school-performance-number-of-failing-students-tripled-in-reading-quadrupled-in-math/) - September 22, 2022, Virginia Superintendent of Public Instruction Jillian Balow admitted Virginia's accreditation system skews data in a manner that "obscures the impact of the pandemic and school closures." 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."
- [FCPS Releases Final Special Education Audit Report; Bleak Portrait of Broken System Emerges from Report](https://specialeducationaction.com/fcps-releases-final-special-education-audit-report-bleak-portrait-of-broken-system-emerges-from-report/) - September 26, 2022, Fairfax County Public Schools (FCPS) released the final report for its two-year "independent" audit of its special education program. The audit, done by American Institutes for Research (AIR) paints a bleak portrait of a broken system. 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.
- [Who Attends IEP Meetings and What is an IEP Team?](https://specialeducationaction.com/who-attends-iep-meetings-and-what-is-an-iep-team/) - A parent asks for an IEP meeting. The IEP case manager for the parent's child replies with a time and a date, and states that the child's regular education teacher will not be a part of the IEP team. The school's proposed IEP team does not comply with the Individuals with Disabilities Education Act (IDEA). If the parent agrees to the meeting, he or she will be attending a meeting, but not an IEP meeting with an IEP team as defined by IDEA.
- [Privacy is a Right, NOT an Accommodation](https://specialeducationaction.com/privacy-is-a-right-not-an-accommodation/) - A parent requested the following accommodation after his teachers repeatedly mentioned his Individualized Education Program (IEP) to the class: "Teachers should not intentionally allow other students to know that XXXXXX has an IEP and receives special education services." The parent didn't understand that privacy is a right, not an accommodation, simply because the privacy violations modeled by the teacher pointed in the opposite direction.
- [UPDATE: Fairfax County Public Schools FOIA'd Parents' Communications with Office of Civil Rights](https://specialeducationaction.com/fairfax-county-publics-schools-foiad-parents-communications-with-office-of-civil-rights/) - Fairfax County Public Schools submitted an expedited FOIA request for parents' communication with the U.S. Department of Education Office of Civil Rights, just a week after OCR sent FCPS clarifying information about its investigation of FCPS.
- [Virginia Dept. of Education Announces Investigation of Fairfax County Public Schools, for Allegedly Engaging in Predetermination](https://specialeducationaction.com/virginia-dept-of-education-announces-investigation-of-fairfax-county-public-schools-for-allegedly-engaging-in-predetermination/) - October 3, 2022, the Virginia Department of Education announced a new investigation into Fairfax County Public Schools. 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.
- [Virginia's Noncompliance Continues; U.S. Dept. of Education States More Concerns Exist](https://specialeducationaction.com/virginias-noncompliance-continues-u-s-dept-of-education-states-more-concerns-exist/) - June 23, 2020, United States Department of Education Office of Special Education Programs determined Virginia Department of Education is in noncompliance with federal regulations and issued a DMS report. 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 Systemic Investigation of Fairfax County Public Schools, for Allegedly Failing to Implement IEP's](https://specialeducationaction.com/virginia-dept-of-education-announces-systemic-investigation-of-fairfax-county-public-schools-for-allegedly-failing-to-implement-ieps/) - October 18, 2022, Virginia Department of Education announced a new systemic investigation into Fairfax County Public Schools. The complaint on which the investigation is based alleges FCPS failed to implement Individualized Education Programs throughout the county, which is a violation of Individuals with Disabilities in Education Act and implementing Virginia regulations.
- [Arlington Public Schools Engaged in Same Activity as Fairfax County; VDOE Opened Systemic Complaint Against FCPS](https://specialeducationaction.com/arlington-public-schools-engaged-in-same-activity-as-fairfax-county-vdoe-opened-systemic-complaint-against-fcps/) - October 18, 2022, VDOE announced a new systemic investigation into Fairfax County Public Schools. Arlington Public Schools engaged in the same activity for which VDOE opened its systemic investigation into FCPS.
- [Children Continue to Struggle; Virginia Department of Education's Samantha Hollins Continues to Allow Noncompliance Statewide](https://specialeducationaction.com/children-continue-to-struggle-virginia-department-of-educations-samantha-hollins-continues-to-allow-noncompliance-statewide/) - "You can choose to look the other way, but you can never say again you did not know." ~William Wilberforce Reading and math scores have declined, according to the "Nation's Report Card". which was released today by the U.S. Department of Education’s National Center for Education Statistics. This comes as no surprise. In Virginia, Samantha Hollins knows Virginia is in noncompliance with the Individuals with Disabilities Education Act, but allows the noncompliance to continue. According to NAEP, in Virginia, the following percentages of 4th graders are performing at or above "proficient" level in math and reading: Math:38% Reading: 32% These numbers drop for 8th graders.
- [Nation's "Report Card" Released, Scores Declined Nationwide](https://specialeducationaction.com/nations-report-card-released-scores-declined-nationwide/) - Reading and math scores plummeted nationwide between 2019 and 2022, according to the "Nation's Report Card", released today by the United States Department of Education’s National Center for Education Statistics. The national average score declines in mathematics for fourth- and eighth-graders were the largest ever recorded in that subject. In math, there were no improvements in any state or large urban district since the assessment was last given in 2019.
- [It's the Law:  Why Does VDOE Allow Vague Language in IEPs?](https://specialeducationaction.com/its-the-law-why-does-vdoe-allow-vague-language-in-ieps/) - If you've read any of "The Language of IEPs and 504s" articles on this site, you know broad and vague language is a problem and it will slip by you from time to time. Thankfully, it isn't the parent's job to create IEPs that are written with clear, concise language that ensures provision of a Free Appropriate Public Education (FAPE). That's the school division's job. And yet . . . Vague and broad language persists and the Virginia Department of Education has allowed this.
- [Schools are Required to Provide Access to Education Records Prior to IEP Meetings](https://specialeducationaction.com/schools-are-required-to-provide-access-to-education-records-prior-to-iep-meetings/) - Parents have the right to access their child's education record in advance of IEP meetings. This access is key to ensuring parents are able to meaningfully participate during IEP meetings and provide informed consent (or refusal) to a school's proposal/s. Access to education records, meaningful participation, and informed consent are three rights afforded to parents under the Individuals with Disabilities Education Act (IDEA).
- [JLARC Releases Report on COVID's Impact on Virginia Education; Release Marks JLARC's Third Critical Education-Related Report in Two Years](https://specialeducationaction.com/jlarc-releases-report-on-covids-impact-on-virginia-education-release-marks-jlarcs-third-critical-education-related-report-in-two-years/) - November 7, 2022, Virginia's Joint Legislative Audit and Review Commission (JLARC) released its report titled Pandemic Impact on Public K–12 Education. The report marks JLARC's third critical report related to Virginia education in just two years (October 2020, Operations and Performance of the Virginia Department of Education; December 2020, K-12 Special Education in Virginia). The findings aren't surprising. They paint the portrait of a state that ignored the warning bells (even though it had almost 15 years to prepare for COVID)—and that to this day has failed to implement practices that ensure past mistakes don't run into the future. However, the report falls short in regard to data collection and interpretation.
- [Only 59 Fairfax County Public Schools Students Have Recovery Services in Their IEPs](https://specialeducationaction.com/only-59-fairfax-county-public-schools-students-have-recovery-services-in-their-ieps/) - There are "59 students with recovery services on their current IEP" in Fairfax County Public Schools. That's not a typo. Fifty-nine (59) students out of FCPS's over one hundred eighty thousand (180,000+) students have recovery services in their IEPs. That's it. Not 59% or 590, or any other variation one's mind might jump to after reading the number "59" and thinking it must be a typo. Nope. It's real.
- [IEP Teams Must Consider Assistive Technology Devices and Services](https://specialeducationaction.com/iep-teams-must-consider-assistive-technology-devices-and-services/) - Pursuant to 34 C.F.R. § 300.324(a)(2)(v), IEP teams must consider assistive technology devices and services when they are developing a child's IEP. 34 C.F.R. § 300.324(a)(2)(v) specifically states: (a) Development of IEP— (2) Consideration of special factors. The IEP Team must— (v) Consider whether the child needs assistive technology devices and services.
- [Ending the "Soft Bigotry of Low Expectations" and Cyclical Ignorance and Forgetfulness](https://specialeducationaction.com/ending-the-soft-bigotry-of-low-expectations-and-cyclical-ignorance-and-forgetfulness/) - I forgot about President George W. Bush's focus on ending the "soft bigotry of low expectations" until I read this week's Washington Post obituary for Michael Gerson, the speechwriter who crafted that phrase. That minimalistic phrase remains powerful, making a point that pierces the assumptions and failures of an entire nation. I'm embarrassed I forgot his words in the years that followed. I know that such forgetfulness is common and can beget ignorance—and that forgetfulness and ignorance combined beget noncompliance and stagnation in regard to special education. Since special education is a topic politicians and journalists—and even some educators—struggle to understand, it is easier to ignore it and/or move to the millions of other issues competing for their time.
- [Virginia Dept. of Education’s Noncompliance Continues; Blows Through U.S. Dept. of Education's 90-Day Compliance Deadlines](https://specialeducationaction.com/virginia-dept-of-educations-noncompliance-continues-blows-through-u-s-dept-of-educations-90-day-compliance-deadlines/) - November 11, 2022: Article first published. November 19, 2022: Article updated to include items 1a, b, c, and d, which are cited on page four of USDOE's September 1, 2022, letter to VDOE. Virginia Department of Education (VDOE) remains in noncompliance of federal regulations. September 1, 2022, United States Department of Education issued another a letter to VDOE that addresses VDOE's continued failures. This letter was not provided to the public, nor were the similarly critical letters USDOE sent on February 8, 2022, and March 16, 2022. All three letters were obtained via Freedom of Information Act (FOIA) requests. Special Education Action received the September 1, 2022, letter yesterday, November 10, 2022.
- [How to File an Office of Civil Rights Complaint](https://specialeducationaction.com/how-to-file-an-office-of-civil-rights-complaint/) - The United States Department of Education Office of Civil Rights investigates complaints against "public and private programs that receive Federal funds from the U.S. Department of Education". Read this article to learn how to file a complaint with OCR.
- [Portrait of a Systemic Complaint, Part I: Parents' Complaint Against Fairfax County Public Schools](https://specialeducationaction.com/portrait-of-a-systemic-complaint-part-i-parents-complaint-against-fairfax-county-public-schools/) - August 20, 2020: This article first published. December 6, 2022: This article was updated to include this mention of Office of Civil Rights November 30, 2022, letter of findings about Fairfax County Public Schools and OCR's resolution agreement with FCPS. OCR's findings cite this systemic complaint and make it clear that parents should have prevailed in 2020. This is part one of a series based on a pending systemic complaint against Fairfax County Public Schools (FCPS) and based on the Virginia Department of Education's (VDOE) handling of the complaint. May 8, 2020, a complaint against FCPS was submitted to the Virginia Department of Education (VDOE). Five families and six children are listed on the complaint, which the parents asked VDOE to investigate at the systemic level. In the three months since the complaint was submitted, VDOE and FCPS have exhibited how stacked the system is against the very children it is supposed to protect.
- [Accommodation Breakdown: Strategic Seating](https://specialeducationaction.com/accommodation-break-down-strategic-seating/) - File this under "accommodations that shouldn't go wrong, but end up leaving you paralyzed in jaw-dropping numbness" at the absurdness surrounding incorrect interpretations and/or implementations, or both. What is Strategic Seating? It is just what it sounds like—strategic seating. It is a seat in the classroom that is chosen for a specific student, to help address his or her unique needs. Who knew such a straight forward accommodation could become a nightmare?
- [Portrait of a Systemic Complaint, Part III: Virginia Dept. of Ed. Bends Rules for Fairfax County Public Schools](https://specialeducationaction.com/portrait-of-a-systemic-complaint-part-iii-virginia-dept-of-ed-bends-rules-for-fairfax-county-public-schools/) - August 24, 2020: This article first published. December 8, 2022: This article was updated to include this mention of Office of Civil Rights (OCR) November 30, 2022, letter of findings about Fairfax County Public Schools and OCR’s resolution agreement with FCPS. OCR’s findings cite this systemic complaint and make it clear that parents should have prevailed in 2020. When rules are set in concrete for parents, but set in Jell-O for school divisions, it is hard to believe that children will ever have their rights implemented in full. If the very state education agency that is mandated by law to ensure the rights of children, is in noncompliance itself—and bends its own rules for school divisions—who will ensure the rights of children are implemented in full?
- [Portrait of a Systemic Complaint, Part II: Virginia Department of Education's Notice of Complaint](https://specialeducationaction.com/portrait-of-a-systemic-complaint-part-ii-virginia-department-of-educations-notice-of-complaint/) - August 21, 2020: This article first published. December 7, 2022: This article was updated to include this mention of Office of Civil Rights November 30, 2022, letter of findings about Fairfax County Public Schools and OCR’s resolution agreement with FCPS. OCR’s findings cite this systemic complaint and make it clear that parents should have prevailed in 2020. May 8, 2020, the Virginia Department of Education (VDOE) received a systemic complaint against Fairfax County Public Schools (FCPS). VDOE issued its Notice of Complaint (NOC) May 18, 2018. When you review the NOC, compare it with the parents' complaint. You'll see that the items VDOE picked to investigate aren't the actual complaints, but information supporting the complaints. As I wrote in Part I of this series, this is classic VDOE—and is a topic I'll cover in depth at a later date.
- [The Language of IEPs and 504s: Eliminate "Access" and Define "Use"](https://specialeducationaction.com/the-language-of-ieps-and-504s-eliminate-access-and-define-use/) - A friend shared her daughter's IEP. It included the following accommodation: "Access to Flash Pass" "Access" is up there with "as needed" and "all" and "before". What is "access", other than a word that is over-used and under-defined in IEPs and 504 Plans?
- [Portrait of a Systemic Complaint, Part IV: FCPS' Late Responses; VDOE's Ignominious Failures (a.k.a. Obliterating 60-Day Timelines)](https://specialeducationaction.com/portrait-of-a-systemic-complaint-part-iv-fcps-late-responses-vdoes-ignominious-failures-a-k-a-obliterating-60-day-timelines/) - September 14, 2020: This article first published. December 8, 2022: This article was updated to include this mention of Office of Civil Rights (OCR) November 30, 2022, letter of findings about Fairfax County Public Schools and OCR’s resolution agreement with FCPS. OCR’s findings cite this systemic complaint and make it clear that parents should have prevailed in 2020. Part III of this series discussed the Virginia Department of Education (VDOE) extending Fairfax County Public Schools' (FCPS) deadline for responding to the Notice of Complaint (NOC) issued by VDOE. It discussed, too, FCPS missing the extended deadline and VDOE accepting FCPS' late submission, even though VDOE's NOC states, in bolded type: "Both the school division’s response and supporting documentation must be provided by the response due date in order to be considered for review by this office. Should the supporting documentation not be included, our review will rest on the documentation submitted by the response due date." What happened next? A colossal mess.
- [Accommodation Breakdown: Accessible Text](https://specialeducationaction.com/accommodation-break-down-accessible-text/) - Accessible text is text that can accessed by the student. This might be a format such as Braille, digital text, large-format text, or audio. If your student needs accessible text, ask the questions posed in this article as this accommodation is developed,
- [Accommodation Breakdown: Clearly-Defined Expectations](https://specialeducationaction.com/accommodation-break-down-clearly-defined-expectations/) - A teacher asks her students to write a report about a topic of their choice. She states two requirements for the report: 1. The report must be one page in length. 2. The report must focus on a topic she taught in science within the last month. Did she provide clearly-defined expectations? No. The accommodation for clearly-defined expectations should provide exactly what it sound like: clearly-defined expectations. For the student's IEP or 504, the accommodation must be written as clearly as it is expected to be implemented.
- [KTEA-3: Comprehensive Isn't Always Comprehensive](https://specialeducationaction.com/ktea-3-comprehensive-isnt-always-comprehensive/) - Is the Kaufman Test of Education Achievement (KTEA-3) being administered to your child? If yes, do you know if the Brief or Comprehensive Form is being administered? Do you know the difference between the Brief and the Comprehensive Forms? Are you aware of the Dyslexia Index? Do you know if your school is cherry picking subtests to administer, what each subtest measures, and if they are appropriate for assessing your child's needs (or suspected needs)?
- [U.S. Dept. of Education's Office for Civil Rights Releases Investigation into Another Virginia Agency's Denial of FAPE](https://specialeducationaction.com/u-s-dept-of-educations-office-for-civil-rights-releases-investigation-into-another-virginia-agencys-denial-of-fape/) - Less than three weeks apart, U.S. Department of Education's Office for Civil Rights released investigation findings of noncompliance on two Virginia education agencies. November 30, 2022, OCR released its letter of findings in response to its investigation of Fairfax County Public Schools. December 16, 2022, OCR released its letter of findings in response to its investigation of Southeastern Cooperative Educational Programs, which, like FCPS, is under the Virginia Department of Education.
- [Accommodations Don't Have a Word Count: Clarity Trumps Word Count When Writing Accommodations](https://specialeducationaction.com/accommodations-dont-have-a-word-count-clarity-trumps-word-count-when-writing-accommodations/) - No laws or implementing regulations state accommodations must be written within a specific word count. However, pursuant to the Individuals with Disabilities in Education Act and Section 504 of the Rehabilitation Act of 1973, the unique needs of students must be addressed. In other words: Clarity and ensuring the unique needs of the child are met is more important than word count.
- [Accommodation Breakdown: Word Prediction Software](https://specialeducationaction.com/accommodation-breakdown-word-prediction-software/) - Word prediction software is an assistive technology (AT) tool that suggests words as a person types them. If you want your student to use it and/or your student's IEP or 504 Plan team suggest it, what should be included in the accommodation? How should it be written? The following is an example of an accommodation written into one student's IEP: "Student will respond using word prediction software." Seems straightforward, but there are too many holes to allow it to stand.
- [FOIA Release: Fairfax County Public Schools "Determining Compensatory Education Training Development" Training Videos and Materials Required by Office for Civil Rights](https://specialeducationaction.com/foia-release-fairfax-county-public-schools-determining-compensatory-education-training-development-training-videos-and-materials-required-by-office-for-civil-rights/) - February 10, 2023: Article first published. February 22, 2023: Article updated to include second training video and transcript (see below). *At about the 20-minute mark of the second video below, Dawn Schaefer mentions that one of the points of contact within FCPS is the ombudsman's office. Not long ago, Kathy Murphy was announced as FCPS's new "ombuds". Previously, Kathy was FCPS's Section 504 expert, in the same office as Dawn and Dawn's predecessor Jane Strong. Kathy's name is all over records FCPS provided to OCR for its investigation and seems to have been FCPS's contact with OCR. In addition, after OCR made its investigation public, Kathy filed a FOIA request with the U.S. Dept. of Education to obtain, among other thing, information on any parents who might have submitted OCR complaints. Jane left the county, Dawn stepped into Jane's job, and then Kathy disappeared as the 504 Plan expert, only to reappear later as the ombuds. Office for Civil Rights found Fairfax County Public Schools in massive noncompliance for denial of FAPE during April 2020 through June 2022. Following its investigation, OCR entered into a resolution agreement with FCPS. As part of the agreement, FCPS is required to meet with families of the 28,000+ students who were enrolled in FCPS during the time period investigated, to determine compensatory education. In this article, you'll be able to access some of the training materials and one of the training videos FCPS provided to staff.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part VI](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-vi/) - This is part VI in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR. The focus of part V is FCPS’s failure to provide the related service of transportation.
- [Compensatory Education, Part I: What is Compensatory Education?](https://specialeducationaction.com/compensatory-education-part-i-what-is-compensatory-education/) - The United States Department of Education defines compensatory services as services that "are required to remedy any educational or other deficits that result from the student with a disability not receiving the evaluations or services to which they were entitled." This could include a school's failure to provide appropriate and/or timely initial evaluations, re-evaluations, and/or services. In its fact sheet, titled "Providing Students with Disabilities Free Appropriate Public Education During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504," USDOE Office for Civil Rights ( cited 34 C.F.R. § 104.6(a) and Barnes v. Gorman, 536 U.S. 181, 189 (2002) in support of the above definition.
- [Compensatory Education, Part II: Beware of Timelines](https://specialeducationaction.com/compensatory-education-part-ii-beware-of-timelines/) - During what time period will compensatory education be provided? One year? Five weeks? Three months? Until all of it is provided? When compensatory education is proposed, you might face a school district that wants to provide it within a set period of time. Consider, instead, asking that it be provided until each minute owed has been provided in full. Why?
- [Fairfax County Public Schools Recovery Services: Not Ready, Needing Reminders, and "We Are Not Responsible" Are Repeat Themes](https://specialeducationaction.com/fairfax-county-public-schools-recovery-services-not-ready-needing-reminders-and-we-are-not-responsible-are-repeat-themes/) - 2.8.21: Article first published. 3.2.23: Article republished with introduction in italics below. Past really is precedent. Two years ago, I wrote the article below, yet the headline could be used today. One would just need to add compensatory education to the headline and article below to bring it up to date. In Spring 2022, when Office for Civil Rights released its findings on Los Angeles Unified School District, it was clear Fairfax County Public Schools would face the same findings, given it had engaged in many of the same noncompliant actions. Instead of preparing for OCR to release its findings on it, to include having training programs and plans to address the noncompliance underway, before OCR's findings were released, FCPS waited. After OCR's 11.30.22 release of its findings on FCPS, it was clear FCPS wasn't prepared. Its staff trainings paint a picture of a county caught unprepared again, with thousands of students waiting, again, to have their unique needs addressed. Some of the videos below were later provided to OCR for its investigation into FCPS. The theme: FCPS caught unprepared again. Fairfax County Public Schools did not have a finalized recovery services in place at the start of the 2020-21 school year. FCPS stated that it needed to collect nine weeks of data on students in advance of recovery services.
- [Accommodation Breakdown: It's Not the Student's Responsibility to Request His or Her Accommodations](https://specialeducationaction.com/accommodation-break-down-its-not-the-students-responsibility-to-request-his-or-her-accommodations/) - It is the responsibility of the school to provide accommodations. It is not the responsibility of the student to request accommodations. Young students might not know their accommodations, while high school-aged students might be embarrassed to request accommodations in class, where their peers can hear them make the request. In all age groups, the students might struggle with advocacy skills, which result in the student being afraid to ask for accommodations—or in a student feeling it is useless to ask for accommodations, because the school will still do whatever it wants to do.
- [The Language of IEPs and 504s: Yes, You Have to Define "Accessible"](https://specialeducationaction.com/the-language-of-ieps-and-504s-yes-you-have-to-define-accessible/) - Accessible is another of those words to consider inserting every chance you get. If something is accessible, it is often an alternative method of access. For example, a student might need a ramp and an elevator as alternatives to the stairs used by his peers. Another student might need Braille or large text as an alternative to the text provided to her peers.
- [FCPS Reports List 400+ Special Education Violations; VDOE Refuses to Investigate](https://specialeducationaction.com/fcps-reports-lists-over-400-special-education-violations-vdoe-refuses-to-investigate/) - 7.17.20: Article first published. 1.18.23: New introduction added (in italics below). 3.15.23: Updated to include a third paragraph to the introduction below, addressing the U.S. Department of Education's decision to expand monitoring of Virginia Department of Education and its continued noncompliance. As I type this, oral arguments for the case Perez v Sturgis are being held in the Supreme Court. Reading about Sturgis Public Schools' failures to address the unique needs of Miguel Luna Perez is both heartbreaking and horrifying. It is a reminder, too, that the special education system is broken. The recourse offered isn't adequate and the agencies and individuals responsible for holding state and local education agencies accountable continuously fail children themselves. Almost five years ago, the Virginia Department of Education refused to investigate 400+ cases of noncompliance in Fairfax County Public Schools. To date, that hasn't changed. The article below was written in 2020, a month after the United States Department of Education released a Differentiated Monitoring Support letter on Virginia. VDOE had 90 days to come into compliances. Almost three years later, the noncompliance continues, as does USDOE's failure to hold VDOE accountable and VDOE's failure to hold FCPS and other counties state-wide accountable for their noncompliance. November 30, 2022, Office for Civil Rights found FCPS in massive noncompliance, yet even as it was investigated, even as it negotiated its resolution agreement with OCR, and even as its findings released, FCPS continued its noncompliance—and VDOE has remained silent.
- [U.S. Dept. of Education Issues Two New Policy Letters: Addresses Rights of Students Who Have Graduated & Implementation of Early Childhood Transition Requirements](https://specialeducationaction.com/u-s-dept-of-education-issues-two-new-policy-letters-addresses-rights-of-students-who-have-graduated-implementation-of-early-childhood-transition-requirements/) - March 30, 2023, United States Department of Education (USDOE) publicly released two new policy letters: POLICY LETTER: March 2, 2023, to Oettinger POLICY LETTER: March 17, 2023, to Nix
- [Dear VDOE: Is it Okay for Compliance Specialist to Write "I'm Winging It" in Investigation Letter of Findings?](https://specialeducationaction.com/dear-vdoe-is-it-okay-for-compliance-specialist-to-write-im-winging-it-in-investigation-letter-of-findings/) - "I'm winging it here". 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.
- [Systemic Noncompliance: VA Dept. of Education finds Fairfax County at Fault for Refusing to Provide Related Service of Vision Therapy](https://specialeducationaction.com/systemic-noncompliance-va-dept-of-education-finds-fairfax-county-at-fault-for-refusing-to-provide-related-service-of-vision-therapy/) - 6.20.22: Article published. 6.22.22: Article updated to include information provided 6.16.23 by FCPS's ESY coordinator and by OSEP Director Valerie Williams in the June edition of OSEPS Monthly Update email. 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.
- [U.S. Dept. of Ed. Proposes Rule Change to IDEA; Seeks to Remove Parental Consent Connected to Medicaid; Public Comments Open Until August 1, 2023](https://specialeducationaction.com/u-s-dept-of-ed-proposes-rule-change-to-idea-seeks-to-remove-parental-consent-connected-to-medicaid-public-comments-open-until-august-1-2023/) - Unites States Department of Education Office of Special Education and Rehabilitative Services is proposing a rule change under Part B of the Individuals with Disabilities Education Act, "to remove the requirement for public agencies to obtain parental consent prior to accessing for the first time a child's public benefits or insurance ( e.g., Medicaid, Children's Health Insurance Program) to provide or pay for required IDEA Part B services." This proposed change is open for public comment until August 1, 2023.
- [Dear VDOE: Is it Okay for Compliance Specialist to Judge, Joke at the Expense of Parent Advocating for Her Child?](https://specialeducationaction.com/dear-vdoe-is-it-okay-for-compliance-specialist-to-judge-joke-at-the-expense-of-parent-advocating-for-her-child/) - Yesterday I shared comments from a Virginia Department of Education staff member, which appear in a Letter of Findings (LOF) to which she contributed. 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.”
- ["Science of Reading" Is Important, But Can We Please Talk About Occupational Therapy's Role in Reading Interventions?](https://specialeducationaction.com/science-of-reading-is-important-but-can-we-please-talk-about-occupational-therapys-role-in-reading-interventions/) - The "science of reading" is a trending topic nationwide, as school divisions reevaluate what they thought they knew about reading and how they've instructed students. However, being taught the necessary skills to read and write involves more than teaching children encoding and decoding. It involves learning how to hold a book and a pencil, tracking words on a page or screen, learning what strategies to use when fatigue or frustration overcome them, learning how to best advocate when they are struggling, identifying assistive technology to help them and teaching them how to use the assistive technology, and identifying and providing the specially-designed instruction needed to teach students this other side of reading and writing, and how to practice and perfect it.
- [Seven Years and Millions of Children Later, U.S. Dept. of Education Announces Continued Monitoring of Texas](https://specialeducationaction.com/seven-years-and-millions-of-children-later-u-s-dept-of-education-announces-continued-monitoring-of-texas/) - 6.9.23: Article first published. 6.21.23: Article updated to include IDEA Part C October 5, 2020, DMS Monitoring Report; September 20, 2021, DMS status letter and response chart; and May 2, 2023, DMS closeout letter. U.S. Department of Education Office of Special Education Programs announced it will continue its years-long monitoring of Texas Education Agency. May 4, 2023, OSEP Director Valerie Williams issued a letter to TEA Commissioner Mike Morath, stating OSEP discovered TEA has been investigating Austin Independent School District for more than a year, "due to the district's years-long backlog of special education evaluations, as required by the child find and evaluations requirements (34 C.F.R. §§ 300.301-306)." The content of OSEP's May 4, 2023, letter isn't a surprise, although the letter being listed as a "DMS Close-out Letter" is an eyebrow raiser. TEA has a long history of failing to address the unique needs of children and providing them a free appropriate public education.
- [What Are U.S. Dept. of Education Determinations and Why Do You Need To Know About Them?](https://specialeducationaction.com/what-are-u-s-dept-of-education-determinations-and-why-do-you-need-to-know-about-them/) - Want to know how your state or "entity" did with its implementation of Individuals with Disabilities Education Act? Look to U.S. Department of Education Office of Special Education Program's annual "determinations" for answers. Every year, states and "entities" are required to evaluate their implementation of IDEA and submit their State Performance Plan and Annual Performance Report (SPP/APR) to USDOE, which subsequently releases determination letters based on SPP/APR in response. There's a two year lag, so the 2023 determination letters, as an example, reflect the 2021 SPPs/APRs submitted by the states and entities, and provide the determination and basis for determination based on the 2021 period.
- [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?](https://specialeducationaction.com/office-for-civil-rights-opens-investigation-into-virginia-department-of-education-did-vdoes-covid-19-guidance-lead-school-divisions-to-deny-fape-to-students-who-have-disabilities/) - June 7 and June 9, 2023, Office for Civil Rights issued letters for cases 11-23-4044 and 11-23-4004 to Virginia Department of Education and stated OCR was opening the following legal issues for investigation: June 7, 2003, Case No. 11-23-4044: “Complainant alleged that VDOE discriminated against students with disabilities by failing to provide an audio the [sic] 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.”
- [Students Must Meet These Requirements to Qualify for Special Education](https://specialeducationaction.com/students-must-meet-these-requirements-to-qualify-for-special-education/) - Your child is struggling in school. You suspect he or she might need special education. Are your child's struggles and your gut feeling enough for your child to qualify for special education? No. However, your gut feeling and your child's struggles shouldn't be discounted either.
- [Virginia Department of Education Halts State Complaints Because Parents Used Google Drive](https://specialeducationaction.com/virginia-department-of-education-halts-state-complaints-because-parents-used-google-drive/) - The Virginia Department of Education (VDOE) halted state complaints filed by parents in Chesterfield and Page Counties because the parents used Google Drive to submit their evidence. In a Letter of Inquiry (LOI) dated June 28, 2023, VDOE initial advised the Page County parent: "While the email indicates that Parent properly attached a sufficient state complaint, the Commonwealth of Virginia no longer partners with Google and cannot access/open any Google documents. Please resubmit the complaint to our office using another format such as OneDrive, which is supported by Microsoft Office. . . . This office cannot move forward to investigate Parent’s concerns until the above-noted deficiencies are addressed. If appropriate, the complaint may be resubmitted to this office for action. All resubmitted complaints will be treated as new complaints and are subject to review." State complaints have a one-year statute of limitations. According to the parent, having to refile would put his complaint outside the one-year timeline, which means it would be denied as time barred upon resubmission—just because VDOE refused to access Google Drive.
- [U.S. Department of Education Releases Updated Policy Guidance to Ensure Access to Rights Guaranteed to Children Under IDEA](https://specialeducationaction.com/u-s-department-of-education-releases-updated-policy-guidance-to-ensure-access-to-rights-guaranteed-to-children-under-idea/) - uly 24, 2023, U.S. Dept. of Education's (USDOE) Office of Special Education Programs (OSEP) released updated policy guidance "to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA)." The guidance took immediate effect upon release. According to OSEP, "The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA." This guidance is significant in that it focuses on general supervisory responsibilities. Refusing to address noncompliance outside the typical dispute resolution channels of mediation, state complaints, and/or due process hearings, has long been a problem for states like Virginia, as one example.
- [The Language of IEPs and 504s: Ban "As Needed"](https://specialeducationaction.com/the-language-of-ieps-and-504s-ban-as-needed/) - If “as needed” appears on any IEP or 504 plan put in front of you, request that the words be removed. If you’re advised “that’s how we do it”, ask for documentation citing this to be true, and pull out IDEA or Section 504, and point out “as needed” doesn’t appear in either. A child doesn’t need an IEP plan or a 504 plan as needed. Children need everything in their IEPs or 504s period.
- [Perez v Sturgis: Supreme Court Rules 9-0 in Favor of Michigan Student Who Was Denied Appropriate Special Education](https://specialeducationaction.com/perez-v-sturgis-supreme-court-rules-9-0-in-favor-of-michigan-student-who-was-denied-appropriate-special-education/) - In a rare 9-0 decision, the United States Supreme Court ruled unanimously in favor of Petitioner Miguel Luna Perez: An Americans with Disabilities Act lawsuit seeking compensatory damages for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act because the remedy sought is not one IDEA provides. Today, just two months after oral arguments were presented, Justice Gorsuch delivered the opinion of the Court, which had to decide 1) whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s (IDEA) administrative proceedings under Section 1415(l) when such proceedings would be futile, and 2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. The case was based on the experiences of Miguel Luna Perez, who was denied a Free Appropriate Public Education (FAPE) for years while attending Sturgis (Michigan) Public Schools (SPS). For 12 years, SPS advanced Miguel Luna Perez from grade to grade and inflated his grades to the point he repeatedly made honor roll, even though he couldn’t read or write—and then just before graduation told his family he would receive a certificate of completion but not a high school diploma.
- [The Problem with Compensatory Education? Too Often, Comp Ed Steals Music, Sports, Auto Tech, and Everything that Brings Happiness](https://specialeducationaction.com/the-problem-with-compensatory-education-too-often-comp-ed-steals-music-sports-auto-tech-and-everything-that-brings-happiness/) - Students who have disabilities are known to struggle with depression. By removing the joy from their lives because the school is required to provide compensatory education, one harm is traded for another. The student is provided instruction he is owed, but is denied happiness he needs. When schools fail children, they end up having to provide compensatory education in return. In theory, it sounds great. The school district will make up for its errors, the student will receive help, all will be good. . . . However, the reality is much different.
- [FCPS Ignores Office for Civil Rights; Noncompliance Continues, Part VII](https://specialeducationaction.com/fcps-ignores-office-for-civil-rights-noncompliance-continues-part-vii/) - This is part VII in a series about Fairfax County Public Schools (FCPS) ignoring Office for Civil Rights’ (OCR) November 30, 2022, letter of findings and resolution agreement with FCPS. The series discusses noncompliance that occurred before OCR’s findings, OCR’s findings, noncompliance that continues to occur, FCPS’s open defiance of OCR’s findings, FCPS modeling continued noncompliance to staff, and what FCPS is supposed to be doing pursuant to its own resolution agreement with OCR. The focus of part VII is FCPS’s failure to ensure that placement decisions are made by a group of persons knowledgeable about the students and the meaning of the evaluation data.
- [Office for Civil Rights vs. Virginia Dept. of Ed: Two Agencies, Two Investigations, Two Very Different Outcomes, Part I](https://specialeducationaction.com/office-for-civil-rights-vs-virginia-dept-of-ed-two-agencies-two-investigations-two-very-different-outcomes-part-i/) - In 2020, Virginia Department of Education (VDOE) received a systemic complaint against Fairfax County Public Schools (FCPS). In response, it refused to investigate some of the allegations, changed and/or ignored other allegations, and ultimately found FCPS in compliance. In 2022, Office for Civil Rights (OCR) found FCPS at fault for years-long systemic noncompliance, based on some of the very allegations filed in the 2020 systemic complaint. What happened? How could VDOE make a finding of compliance in 2020, while OCR made a finding of noncompliance in 2022? The answer: VDOE failed to investigate credible allegations of noncompliance and failed to comply with 300.152(4), which requires it to "review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part", and FCPS withheld information.
- [Fairfax County Public Schools Says Parents Aren't Eligibility & IEP Team Members; VA Dept of Education Refuses to Investigate](https://specialeducationaction.com/fairfax-county-public-schools-says-parents-arent-eligibility-va-dept-of-education-refuses-to-investigate/) - Fairfax County Public Schools (FCPS) is in noncompliance with 20 U.S.C. 1414(b)(4), Sec 300.306, Sec. 300.305, Sec 300.321, 8VAC20-81-80(B), 8VAC20-81-80(C)(1), 8VAC20-81-80(D)(1), 8VAC20-81-80(D)(2), 8VAC20-81-80(D)(9). In other words: FCPS is in noncompliance for refusing Parents rights' to be deciding members of eligibility and IEP teams.
- [VA Dept. of Ed Opens Systemic Investigation into Fairfax County Public Schools: Team Composition](https://specialeducationaction.com/va-dept-of-ed-opens-systemic-investigation-into-fairfax-county-public-schools-team-composition/) - May 11, 2023, Virginia Department of Education (VDOE) issued a Notice of Complaint (NOC) regarding Fairfax County Public Schools (FCPS) being in noncompliance regarding composition of IEP and eligibility team members. 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.
- [Are Parents Members of IEP Teams and Eligibility Teams? Yes!](https://specialeducationaction.com/are-parents-members-of-iep-teams-and-eligibility-teams-yes/) - Parents are full members of IEP teams and eligibility teams. Their roles as members are not limited to basic participation and/or providing input. Individuals with Disabilities Education Act (IDEA) mandates full membership on the teams, not just a seat at the table. Parents have key roles in evaluations preceding eligibility determinations, in the actual eligibility determinations, and in IEP development following determinations. For evaluations, as one example, members must draw upon information from various sources, including parent input. This doesn't mean schools simply have to consider parent input and then decide if they'll use it or not. They are required to draw from parent input. In this article, you'll find federal regulations (as well as Viriginia regs for those in the area), that define and guarantee parents' rights.
- [Where to Find It: Where the Information is Hiding](https://specialeducationaction.com/where-to-find-it-where-the-information-is-hiding/) - Years ago I had the honor of working with LTG Samuel Vaughan Wilson, who was the youngest of Merrill's Marauders. After WWII, his career led him toward the intelligence arena, which later led him to making the observation that obtaining information is less about being James Bond and more about being Sherlock Holmes. The stories he shared were of Truth being out in the open, staring us in the face. (I wrote a bit on this in 2021, in the article "Less James Bond and More Sherlock Holmes".) This article will share some of my go-to places to obtain information. I'll start with a few today and gradually update the list.
- [How to Unredact the Redactions](https://specialeducationaction.com/how-to-unredact-the-redactions/) - If you've ever submitted a Freedom of Information Act request (FOIA), you're familiar with the heavy-handed redactions of some organizations. How do you access what's behind the redactions? Often, the answer is: You can't. The redactions aren't reversible. But, sometimes . . .

## Pages

- [Home - Special Education Action](https://specialeducationaction.com/) - Special Education Action is a 501(c)3 nonprofit publisher covering special education. Its mission is to ensure parents, educators, and students have the information and tools necessary to fully understand, address, and safeguard the unique needs of students who require special education.
- [Going Local: Utah](https://specialeducationaction.com/going-local/going-local-utah/) - Going Local: Utah
- [Going Local: Texas](https://specialeducationaction.com/going-local-texas/) - Going Local: Texas
- [Going Local: North Carolina](https://specialeducationaction.com/going-local/going-local-north-carolina/) - Going Local: North Carolina
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- [Going Local: Virginia](https://specialeducationaction.com/going-local/going-local-virginia/) - Going Local: Virginia
- [Case Law](https://specialeducationaction.com/its-the-law/case-law/) - Case Law
- [IDEA 2004](https://specialeducationaction.com/its-the-law/idea-2004/) - IDEA 2004
- [Office for Civil Rights Letters of Finding and Resolution Agreements](https://specialeducationaction.com/its-the-law/office-for-civil-rights-letters-of-finding-and-resolution-agreements/) - U.S. Department of Education Office for Civil Rights Letters of Finding and Resolution Agreements
- [U.S. Dept. of Ed. Differentiated Monitoring and Support Letters, Reports, and Findings](https://specialeducationaction.com/its-the-law/u-s-dept-of-ed-differentiated-monitoring-and-support-letters-reports-and-findings/) - U.S. Department of Education Differentiated Monitoring and Support Letters, Reports, and Findings
- [Guidance Documents](https://specialeducationaction.com/foia-bank/foia-responses/u-s-department-of-education/guidance-documents/) - Guidance Documents
- [Annual Determinations](https://specialeducationaction.com/u-s-department-of-education/annual-determinations/) - Annual Determinations
- [Virginia Dept. of Education FERPA Violations](https://specialeducationaction.com/ferpa/ferpa-violations/virginia-dept-of-education-ferpa-violations/) - Virginia Department of Education FERPA Violations
- [FERPA Regulations](https://specialeducationaction.com/ferpa/ferpa-regulations/) - FERPA Regulations
- [Fairfax County Public Schools FOIA Responses & Other Stuff](https://specialeducationaction.com/foia-bank/foia-responses/virginia-foia-responses/fairfax-county-public-schools-foia-responses-and-other-stuff/) - Although many of the Fairfax County Public Schools (FCPS) records shared here were obtained via Freedom of Information Act (FOIA) responses, some of the records shared were provided to Special Education Action via readers and/or FCPS's own carelessness. For example, FCPS provided the "Hot Topics" record in response to a parent's FERPA request, but neglected
- [Virginia Department of Education FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/virginia-foia-responses/virginia-department-of-education-foia-responses/) - Virginia Department of Education FOIA Responses
- [Governor Ralph Northam's Office FOIA Response](https://specialeducationaction.com/foia-bank/foia-responses/virginia-foia-responses/governor-ralph-northams-office-foia-response/) - Governor Ralph Northam's Office FOIA Responses
- [Los Angeles Unified School District](https://specialeducationaction.com/foia-bank/foia-responses/california-foia-responses/los-angeles-unified-school-district/) - Los Angeles Unified School District FOIA Responses
- [U.S. Dept. of Education Office for Civil Rights FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/u-s-dept-of-education-office-for-civil-rights-foia-responses/) - U.S. Department of Education Office for Civil Rights FOIA Responses
- [U.S. Dept. of Education FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/u-s-dept-of-education-foia-responses/) - U.S. Department of Education FOIA Responses
- [How to File a FOIA Request](https://specialeducationaction.com/foia-bank/how-to-file-a-foia-request/) - How to FIle a FOIA Request
- [Where and How to Find It](https://specialeducationaction.com/foia-bank/where-and-how-to-find-it/) - Where and How to Find It
- [FOIA Regulations](https://specialeducationaction.com/foia-bank/foia-regulations/) - FOIA Regulations
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- [School Lawyers](https://specialeducationaction.com/state-complaints-due-process/school-lawyers/) - School Lawyers
- [Expert Witnesses](https://specialeducationaction.com/state-complaints-due-process/expert-witnesses/) - Expert Witness
- [Due Process Transcripts](https://specialeducationaction.com/state-complaints-due-process/due-process-transcripts/) - Due Process Transcripts
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- [Due Process Documents](https://specialeducationaction.com/due-process-documents/) - Due Process Documents
- [Prepare for Due Process](https://specialeducationaction.com/state-complaints-due-process/prepare-for-due-process/) - Prepare for Due Process
- [Virginia State Complaints and Findings](https://specialeducationaction.com/state-complaints-due-process/complaints-notices-of-complaint-letters-of-inquiry-and-letters-of-finding/virginia-state-complaints-and-findings/) - Virginia State Complaints and Findings
- [Writing State Complaints](https://specialeducationaction.com/state-complaints-due-process/writing-state-complaints/) - Writing State Complaints
- [Services](https://specialeducationaction.com/iep-504/services/) - Services
- [Accommodation Breakdown](https://specialeducationaction.com/iep-504/accommodation-breakdown/) - Accommodation Breakdown
- [The Language of IEPs and 504s](https://specialeducationaction.com/iep-504/the-language-of-ieps-and-504s/) - The Language of IEPs and 504s
- [Evaluations](https://specialeducationaction.com/iep-504/evaluations/) - Evaluations
- [504 Plans](https://specialeducationaction.com/iep-504/504-plans/) - 504 Plans
- [Individualized Education Programs](https://specialeducationaction.com/iep-504/individualized-education-programs/) - Individualized Education Programs
- [New Articles](https://specialeducationaction.com/new-articles/) - New Articles
- [Fairfax County Public Schools FERPA Violations](https://specialeducationaction.com/ferpa/ferpa-violations/fairfax-county-public-schools-ferpa-violations/) - Fairfax County Public Schools FERPA Violations
- [How to Write a FERPA Request](https://specialeducationaction.com/ferpa/how-to-write-a-ferpa-request/) - How to Write a FERPA Request
- [Contact Special Education Action](https://specialeducationaction.com/contact-special-education-action/) - Contact
- [About Special Education Action](https://specialeducationaction.com/about-special-education-action/) - 2020 Web site launched during COVID closures. Special Education Action LLC is a publisher focused on special education. Its mission is to ensure parents, educators, and students have the information and tools necessary to fully understand, address, and safeguard the unique needs of all students who require special education. This comes in the form of
- [Going Local: New Jersey](https://specialeducationaction.com/going-local/going-local-new-jersey/) - Going Local: New Jersey
- [Going Local: Idaho](https://specialeducationaction.com/going-local/going-local-idaho/) - Going Local: Idaho
- [Going Local](https://specialeducationaction.com/going-local/)
- [Going Local: Nebraska](https://specialeducationaction.com/going-local/going-local-nebraska/) - Going Local: Nebraska
- [Emergency Guidance and Training](https://specialeducationaction.com/emergency-plans/) - Emergency Guidance, Plans, and Training Almost 15 years before COVID hit the United States, U.S. Department of Education (USDOE) issued warnings that pandemics were on the horizon and issued guidance and best practice documents to help educators at all levels develop emergency management plans. While some schools took notice and started developing plans as early as
- [Office of Inspector General Investigations, Findings, and Resolution Agreements](https://specialeducationaction.com/u-s-department-of-education/office-of-inspector-general-investigations-findings-and-resolution-agreements/) - Office of Inspector General Investigations, Findings, and Resolution Agreements
- [Going Local: Washington](https://specialeducationaction.com/going-local/going-local-washington/) - Going Local: Washington
- [Virginia Department of Behavioral Health and Developmental Services FERPA Violations](https://specialeducationaction.com/virginia-department-of-behavioral-health-and-developmental-services-ferpa-violations/) - Virginia Department of Behavioral Health and Developmental Services FERPA Violations
- [Fairfax County Police Department FOIA-response](https://specialeducationaction.com/foia-bank/foia-responses/virginia-foia-responses/fairfax-county-police-department-foia-response/)
- [Virginia FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/virginia-foia-responses/) - Virginia FOIA
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- [U.S. Department of Education](https://specialeducationaction.com/u-s-department-of-education/)
- [FOIA & FERPA](https://specialeducationaction.com/foia-and-ferpa/)
- [FOIA Bank](https://specialeducationaction.com/foia-bank/)
- [FERPA](https://specialeducationaction.com/ferpa/)
- [FERPA Violations](https://specialeducationaction.com/ferpa/ferpa-violations/)
- [California FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/california-foia-responses/)
- [Virginia Regulations](https://specialeducationaction.com/virginia-regulations/)
- [Case Law](https://specialeducationaction.com/its-the-law/case-law-2/)
- [Section 504](https://specialeducationaction.com/its-the-law/section-504/)
- [Fairfax County Public Schools](https://specialeducationaction.com/state-complaints-due-process/complaints-notices-of-complaint-letters-of-inquiry-and-letters-of-finding/virginia/)
- [Your State](https://specialeducationaction.com/your-state/)
- [Your Home](https://specialeducationaction.com/your-home/)
- [Complaints, Notices of Complaint, Letters of Inquiry, and Letters of Finding](https://specialeducationaction.com/state-complaints-due-process/complaints-notices-of-complaint-letters-of-inquiry-and-letters-of-finding/)
- [504 Teams](https://specialeducationaction.com/iep-504/504-teams/)
- [IEP Teams](https://specialeducationaction.com/iep-504/iep-teams/)
- [It's the Law](https://specialeducationaction.com/its-the-law/)
- [Los Angeles](https://specialeducationaction.com/foia-bank/foia-responses/california/los-angeles/)
- [California](https://specialeducationaction.com/foia-bank/foia-responses/california/)
- [U.S. Dept. of Ed Office for Civil Rights](https://specialeducationaction.com/foia-bank/foia-responses/u-s-dept-of-ed-office-for-civil-rights/)
- [U.S. Department of Education](https://specialeducationaction.com/foia-bank/foia-responses/u-s-department-of-education/)
- [FOIA Responses](https://specialeducationaction.com/foia-bank/foia-responses/)
- [State Complaints & Due Process](https://specialeducationaction.com/state-complaints-due-process/)
- [IEPs & 504s](https://specialeducationaction.com/iep-504/)
- [Privacy Statement (US)](https://specialeducationaction.com/privacy-statement-us/)
- [Privacy Statement (BR)](https://specialeducationaction.com/privacy-statement-br/)

## Legal Pages

- [Privacy Policy](https://specialeducationaction.com/wpautoterms/professional-privacy-policy/) - Effective date: This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to

## Content Modules

- [Accessible for everyone](https://specialeducationaction.com/?module=accessible-for-everyone) - Making your website accessible and readable to the widest audience of visitors, passing to accessibility guidelines.
- [Wonderful on mobiles](https://specialeducationaction.com/?module=wonderful-on-mobiles) - With responsive design your content looks great on any screen and any device: mobile, tablet, laptop or desktop.
- [Easy to use](https://specialeducationaction.com/?module=easy-to-use) - The theme looks gorgeous on its own with any content, so it's really easy to set up. Plus it supports drag & drop page builders!
- [Any color you like](https://specialeducationaction.com/?module=any-color-you-like) - Easy and fast customization is guaranteed via WordPress theme customizer. Change anything from colors, layouts, site width, to typography.
- [Famous 5 stars support](https://specialeducationaction.com/?module=famous-5-stars-support) - WebMan Design is well known for providing timely, helpful and thorough help. That's one of the reasons why our customers rate us as ★★★★★ author!
- [Securely coded](https://specialeducationaction.com/?module=securely-coded) - Our code is fast, secure, flexible, extensible and developer friendly. While offering a robust base for any type of website, we still score 100% at ThemeCheck.org!

## Projects

- [Very simple](https://specialeducationaction.com/project/project-8/) - Professionally architect customer directed total linkage vis-a-vis robust networks. Continually leverage existing high standards in growth.
- [Custom intro image](https://specialeducationaction.com/project/project-7/) - Rapidiously create open-source best practices and transparent interfaces. Quickly scale standards compliant innovation without infrastructures. Rapidiously develop one-to-one information whereas multidisciplinary markets. Monotonectally recaptiualize superior ROI without viral markets. Synergistically evisculate robust ideas and just in time best practices. Proactively scale resource sucking vortals without extensible technology. Progressively evisculate high-payoff products without worldwide imperatives. Synergistically
- [Gallery first](https://specialeducationaction.com/project/project-6/) - Proactively build extensible data whereas leveraged testing procedures. Enthusiastically utilize user-centric scenarios for transparent content.
- [With intro widgets](https://specialeducationaction.com/project/project-5/) - Energistically exploit goal-oriented core competencies vis-a-vis installed base infrastructures. Dynamically maximize high standards in e-business.
- [Images in content](https://specialeducationaction.com/project/project-4/) - Credibly simplify focused alignments and intuitive "outside the box" thinking. Credibly restore multifunctional expertise. Phosfluorescently restore value-added content through intuitive results. Monotonectally redefine client-based channels for viral interfaces. Phosfluorescently drive client-centered web-readiness whereas covalent outsourcing. Completely innovate extensive manufactured products. Phosfluorescently iterate leading-edge "outside the box" thinking vis-a-vis sticky data. Phosfluorescently foster market positioning benefits vis-a-vis
- [Traditional project layout](https://specialeducationaction.com/project/project-3/) - Using "Project layout" page template (or should I say a post type template). You need WordPress 4.7+ to use post type templates. There is no sidebar on this template.
- [Process layout](https://specialeducationaction.com/project/project-2/) - The Concept Conveniently morph end-to-end e-business after market positioning innovation. Quickly incubate stand-alone e-tailers and performance. Samson & Sally Assertive restore values of added e-commerce while whalewatching. The Execution Conveniently morph end-to-end e-business after market positioning innovation. Quickly incubate stand-alone e-tailers and performance. Uniquely maximize enterprise-wide services for functional e-services. Monotonectally optimize turnkey partnerships diverse
- [With sidebar](https://specialeducationaction.com/project/project-9/) - Completely fashion one-to-one customer service for customer directed catalysts for change. Assertively plagiarize covalent testing procedures.
- [Creative page builder](https://specialeducationaction.com/project/project-1/) - Background Image Creative project layout with background image. Dynamically grow cooperative services rather than quality benefits. Professionally administrate unique testing procedures before emerging scenarios. Objectively expedite empowered interfaces with standardized leadership. Client name Very Satisfied Client Budget $5000 - $10000 Release date June 2017 Website www.webmandesign.eu Collaboratively streamline web-enabled core competencies before backend ROI.

## Testimonials

- [Homer Simpson](https://specialeducationaction.com/testimonial/testimonial-5/) - D'oh. I'll keep it short and sweet — Family. Religion. Friendship. These are the three demons you must slay if you wish to succeed in business.
- [Helen Keller](https://specialeducationaction.com/testimonial/testimonial-4/) - When one door of happiness closes, another opens, but often we look so long at the closed door that we do not see the one that has been opened for us.
- [Michael Jordan](https://specialeducationaction.com/testimonial/testimonial-2/) - I've missed more than 9000 shots in my career. I've lost almost 300 games. 26 times I've been trusted to take the game winning shot and missed. I've failed over and over and over again in my life. And that is why I succeed.
- [Maya Angelou](https://specialeducationaction.com/testimonial/testimonial-3/) - I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.
- [Mark Twain](https://specialeducationaction.com/testimonial/testimonial-7/) - Twenty years from now you will be more disappointed by the things that you didn’t do than by the ones you did do, so throw off the bowlines, sail away from safe harbor, catch the trade winds in your sails. Explore, Dream, Discover.
- [Bender](https://specialeducationaction.com/testimonial/testimonial-6/) - This is the worst kind of discrimination there is: the kind against me!
- [Eric Cartman](https://specialeducationaction.com/testimonial/testimonial-1/) - I'm not fat, I'm festively plump.

## Categories

- [Complaints, Notices of Complaint, and Letters of Finding](https://specialeducationaction.com/category/state-complaints-and-due-process/complaints-notices-of-complaint-and-letters-of-finding/) - Learn to write and submit special education complaints the LEA and SEA. Explore sample complaints and documents issued by the LEA and SEA.
- [IEPs and 504s](https://specialeducationaction.com/category/ieps-and-504s/)
- [FOIA Bank](https://specialeducationaction.com/category/foia-bank/)
- [The Language of IEPs & 504s](https://specialeducationaction.com/category/ieps-and-504s/the-language-of-ieps-and-504s/) - Learn about the importance of wording in IEPs and 504 Plans, best practices, and what words and phrasing to use and/or avoid.
- [Accommodation Breakdown](https://specialeducationaction.com/category/ieps-and-504s/accommodation-breakdown/) - Breaking down different special education-related accommodations, how they are worded and what they mean.
- [It's the Law](https://specialeducationaction.com/category/its-the-law/)
- [Individualized Education Programs](https://specialeducationaction.com/category/ieps-and-504s/individualized-education-programs/) - Information related Individualized Education Programs (IEP).
- [U.S. Dept. of Ed. Differentiated Monitoring and Support Letters, Reports, and Findings](https://specialeducationaction.com/category/u-s-department-of-education/u-s-dept-of-ed-differentiated-monitoring-and-support-letters-reports-and-findings/) - Differentiated Monitoring and Support letters of findings and reports released by U.S. Department of Education.
- [Due Process Decisions](https://specialeducationaction.com/category/state-complaints-and-due-process/due-process-decisions/) - Decisions related to special education due process hearings.
- [IDEA 2004](https://specialeducationaction.com/category/its-the-law/idea-2004/) - Information related to Individuals with Disabilities Education Act (IDEA).
- [Case Law](https://specialeducationaction.com/category/its-the-law/case-law/) - Case law related to special education.
- [FERPA Violations](https://specialeducationaction.com/category/ferpa/ferpa-violations/)
- [FERPA Regulations](https://specialeducationaction.com/category/ferpa/ferpa-regulations/) - Family Educational Rights and Privacy Act protects the confidentiality of student records and provides rights to parents and students to access those records.
- [Prepare for Due Process](https://specialeducationaction.com/category/state-complaints-and-due-process/prepare-for-due-process/) - Prepare for special education-related due process hearings.
- [Virginia Department of Education](https://specialeducationaction.com/category/its-the-law/virginia-department-of-education-virginia/)
- [Services](https://specialeducationaction.com/category/ieps-and-504s/services/) - information about special education services.
- [Writing State Complaints](https://specialeducationaction.com/category/state-complaints-and-due-process/writing-state-complaints/) - Learn about writing special education state complaints.
- [Hearing Officers](https://specialeducationaction.com/category/state-complaints-and-due-process/hearing-officers/) - Information related to hearing officers in special education-related due process hearings.
- [School Lawyers](https://specialeducationaction.com/category/state-complaints-and-due-process/school-lawyers/) - Information related to school lawyers in special education due process hearings.
- [Expert Witnesses](https://specialeducationaction.com/category/state-complaints-and-due-process/expert-witnesses/) - Information related to expert witnesses in special education-related due process hearings.
- [News](https://specialeducationaction.com/category/news/) - News related to special education.
- [Virginia](https://specialeducationaction.com/category/ferpa/virginia/)
- [Where & How to Find It](https://specialeducationaction.com/category/foia-bank/where-how-to-find-it/) - Learn about places to search and find information related to special education.
- [Evaluations](https://specialeducationaction.com/category/ieps-and-504s/evaluations/) - Information about special education-related evaluations.
- [State Complaints and Due Process](https://specialeducationaction.com/category/state-complaints-and-due-process/) - Information focused on special education-related state complaints and due process.
- [Virginia State Complaints and Findings](https://specialeducationaction.com/category/state-complaints-and-due-process/virginia-state-complaints-and-findings/) - Read about special education state complaints filed in Virginia, as well as findings and appeals related to the complaints.
- [Due Process Documents](https://specialeducationaction.com/category/state-complaints-and-due-process/due-process-documents/) - Documents related to special education due process hearings.
- [Due Process Transcripts](https://specialeducationaction.com/category/state-complaints-and-due-process/due-process-transcripts/) - Transcripts related to special education due process hearings.
- [How to File a FOIA Request](https://specialeducationaction.com/category/foia-bank/how-to-file-a-foia-request/) - Learn how to file a Freedom of Information Act (FOIA) request.
- [Virginia FOIA Responses](https://specialeducationaction.com/category/foia-bank/foia-responses/virginia-foia-responses/)
- [Governor Ralph Northam’s Office FOIA Response](https://specialeducationaction.com/category/foia-bank/foia-responses/virginia-foia-responses/governor-ralph-northams-office-foia-response/) - FOIA responses from Virginia Governor Ralph Northam’s office.
- [Virginia Department of Education FOIA Responses](https://specialeducationaction.com/category/foia-bank/foia-responses/virginia-foia-responses/virginia-department-of-education-foia-responses/) - Freedom of Information Act (FOIA) responses from Virginia Department of Education (VDOE).
- [Fairfax County Public Schools FOIA Responses and Other Stuff](https://specialeducationaction.com/category/foia-bank/foia-responses/virginia-foia-responses/fairfax-county-public-schools-foia-responses-and-other-stuff/) - FOIA responses and other information from Fairfax County Public Schools.
- [FERPA](https://specialeducationaction.com/category/ferpa/)
- [How to Write a FERPA Request](https://specialeducationaction.com/category/ferpa/how-to-write-a-ferpa-request/) - The Family Educational Rights and Privacy Act (FERPA) protects confidentiality of students’ education records and their rights to full access to those records, to include the right to review and respect the records.
- [Virginia Dept. of Education FERPA Violations](https://specialeducationaction.com/category/ferpa/virginia-dept-of-education-ferpa-violations/) - Virginia Department of Education (VDOE) is at fault for FERPA violations.
- [Fairfax County Public Schools FERPA Violations](https://specialeducationaction.com/category/ferpa/virginia/fairfax-county-public-schools-ferpa-violations/) - Fairfax County Public Schools has a history of FERPA violations, failing to secure the privacy of student records, and refusing access to student records.
- [U.S. Department of Education](https://specialeducationaction.com/category/u-s-department-of-education/)
- [Office for Civil Rights Letters of Finding and Resolution Agreements](https://specialeducationaction.com/category/u-s-department-of-education/office-for-civil-rights-letters-of-finding-and-resolution-agreements/) - Letters of findings and resolution agreements released by U.S. Department of Education Office for Civil Rights.
- [Guidance Documents](https://specialeducationaction.com/category/u-s-department-of-education/guidance-documents/) - Special education-related guidance documents released by U.S. Department of Education.
- [Going Local](https://specialeducationaction.com/category/going-local/)
- [Going Local: Virginia](https://specialeducationaction.com/category/going-local/going-local-virginia/) - Special education information related to Virginia.
- [Going Local: Arkansas](https://specialeducationaction.com/category/going-local/going-local-arkansas/) - Special education information related to Arkansas.
- [Going Local: North Carolina](https://specialeducationaction.com/category/going-local/going-local-north-carolina/) - Special education information related to North Carolina.
- [Going Local: Texas](https://specialeducationaction.com/category/going-local/going-local-texas/)
- [Annual Determinations](https://specialeducationaction.com/category/u-s-department-of-education/annual-determinations/) - The U.S. Department of Education Office of Special Education and Rehabilitative Services releases annual determinations for each state, which are based on results and compliance data for the state.
- [Going Local: Alabama](https://specialeducationaction.com/category/going-local/going-local-alabama/) - Special education information related to Alabama.
- [Going Local: Utah](https://specialeducationaction.com/category/going-local/going-local-utah/) - Special education information related to Utah.
- [Going Local: Alaska](https://specialeducationaction.com/category/going-local/going-local-alaska/) - Special education information related to Alaska
- [Going Local: American Samoa](https://specialeducationaction.com/category/going-local/going-local-american-samoa/) - Special education information related to America Samoa.
- [Going-Local-Arizona](https://specialeducationaction.com/category/going-local/going-local-arizona/) - Special education information related to Arizona.
- [Going Local: Colorado](https://specialeducationaction.com/category/going-local/going-local-colorado/) - Special education information related to Colorado.
- [Going Local: Commonwealth of Northern Mariana Islands](https://specialeducationaction.com/category/going-local/going-local-commonwealth-of-northern-mariana-islands/) - Special education information related to Commonwealth of Northern Mariana Islands.
- [Going Local: Delaware](https://specialeducationaction.com/category/going-local/going-local-delaware/) - Special education information related to Delaware.
- [Going Local: Federated States of Micronesia.](https://specialeducationaction.com/category/going-local/going-local-federated-states-of-micronesia/) - Special education information related to Federated States of Micronesia.
- [Going Local: Bureau of Indian Affairs](https://specialeducationaction.com/category/going-local/going-local-bureau-of-indian-affairs/) - Special education information related to Bureau of Indian Affairs.
- [Going Local: Montana](https://specialeducationaction.com/category/going-local/going-local-montana/) - Special education information related to Montana.
- [Going Local: Michigan](https://specialeducationaction.com/category/going-local/going-local-michigan/) - Special education information related to Michigan.
- [uncategorized](https://specialeducationaction.com/category/uncategorized/)
- [Going Local: California](https://specialeducationaction.com/category/going-local/going-local-california/) - Special education information related to California.
- [Virginia Department of Behavioral Health and Developmental Services FERPA Violations](https://specialeducationaction.com/category/ferpa/virginia/virginia-department-of-behavioral-health-and-developmental-services-ferpa-violations/) - Virginia Department of Behavioral Health and Developmental Services is at fault for violating FERPA.
- [Going Local: Washington](https://specialeducationaction.com/category/going-local/going-local-washington/) - Special education information related to Washington.
- [Office of Inspector General Investigations, Findings, and Resolution Agreements](https://specialeducationaction.com/category/u-s-department-of-education/office-of-inspector-general-investigations-and-findings-and-resolution-agreements/)
- [Emergency Guidance and Training](https://specialeducationaction.com/category/emergency-guidance-and-training/) - This page will feature documents, videos, and other assets in an effort to ensure they’re available for future learning—and to ensure we don’t forget best practices created and mistakes already made.
- [New Articles](https://specialeducationaction.com/category/new-articles/)
- [Going Local: Florida](https://specialeducationaction.com/category/going-local/going-local-florida/) - Special education information related to Florida.
- [Going Local: Idaho](https://specialeducationaction.com/category/going-local/going-local-idaho/) - Special education information related to Idaho.
- [Going Local: New Jersey](https://specialeducationaction.com/category/going-local/going-local-new-jersey/) - Special education information related to New Jersey.
- [Going Local: New York](https://specialeducationaction.com/category/going-local/going-local-new-york/) - Special education information related to New York.
- [Going Local: Nebraska](https://specialeducationaction.com/category/going-local/going-local-nebraska/) - Special education information related to Nebraska.
- [Going Local: Maine](https://specialeducationaction.com/category/going-local/going-local-maine/) - Special education information related to Maine.

## Tags

- [IEE](https://specialeducationaction.com/tag/iee/)
- [FCPS](https://specialeducationaction.com/tag/fcps/)
- [COVID](https://specialeducationaction.com/tag/covid/)
- [Advocacy](https://specialeducationaction.com/tag/advocacy/)
- [witness](https://specialeducationaction.com/tag/witness/)
- [Karen Keys-Gamarra](https://specialeducationaction.com/tag/karen-keys-gamarra/)
- [FCPS School Board](https://specialeducationaction.com/tag/fcps-school-board/)