New Articles
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.
Culture of Cover-Up Continues in FCPS; Superintendent Admits Systemic Problem, Staff Testify Otherwise to VDOE
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.
Breaking with FCPS Tradition, Superintendent Michelle Reid Chooses Systemic Change Instead of Staying the Course
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;
UPDATED 12.13.23—Pro Tip: Don’t Believe Everything Fairfax County Public Schools Tells You
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.
How to File a Privacy Violation Complaint
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.
VDOE and FCPS Failing Streak: Seven Years of Failing 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 12.3.23—Fairfax County Public Schools Trains Staff to Thwart FERPA Requests: Don’t Put it in Writing
Updated 11.21.23—FOIA: Virginia Department of Education State Complaint Tracking Logs, 2014-2023
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.
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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.