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 all students who require special education.

Recent Articles

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.

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. 

Accommodation Breakdown: It’s Not the Student’s 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.

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.

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?