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Updated 4.7.24—Virginia in More Hot Water; U.S. Department of Education Issues New Report, Finds VDOE at Fault for More Noncompliance
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).
UPDATED 3.29.24—VDOE to Investigate Fairfax County Public Schools for Systemic Noncompliance; District Fails to Implement IEPs in a Timely Manner
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.
Dept. of Justice Finds Florida School District Discriminated Against Students with Disabilities; Routinely Relied on Suspensions and Referrals to Law Enforcement
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.”
Due Process Hearing Officer Orders Private College Prep School Placement for Student; Parents and Student Prevail in Rare Virginia Decision
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.
VDOE Orders FCPS to Stop Delaying Provision of Compensatory Education and Reimbursable Expenses; IEPs Addressing Office for Civil Rights Findings Must Be Implemented
That stops now.
IEP Teams Must Consider Assistive Technology Devices and Services 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.
Office for Civil Rights Addresses Asthma, Diabetes, Food Allergies, and GERD; Issues Guidance on Medical Conditions Triggering Protections Under Section 504
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.
U.S. Dept. of Education Issues Assistive Technology Guidance; Dispels Myths and Underscores 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. Department of Justice Finds Lincoln Public Schools Discriminates Against Deaf and Hard of Hearing Students
U.S. Dept. of Education Addresses IDEA Noncompliance in Florida, Idaho, Michigan, Montana, New Jersey, New York, and Texas
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.
The Language of IEPs and 504s: The Problem with “Engage”
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 to come to them. They’re going to engage with .”
What could go wrong?
Helpful Information from FCPS Lawyer John Cafferky, which You Won’t Find in VDOE’s “Parents’ Guide to Special Education Dispute Resolution”
In 2008, Virginia Department of Education issued “2008 Parents’ Guide to Special Education Dispute Resolution.” Although a lot’s changed in the past 15 years, the guide “designed to assist parents in understanding Virginia’s dispute resolution systems of mediation, complaints, and due process hearings” has remained the same.
The following is helpful information that I hope VDOE considers should it revise the guide. It comes from advice that long-time Fairfax County Public Schools lawyer John Cafferky provided to FCPS staff. In its 2008 guide, VDOE acknowledged John on a list of individuals who “contributed to the development of this document and/or who served as a reviewer.” Hence, it seems fitting that the following advice be considered for a future edition.