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.
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.
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)?
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.
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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,
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.
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?
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?
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.
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?
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.
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