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

Accommodation Breakdown: 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.

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.

FOIA Response: Records FCPS Provided to Office of Civil Rights for OCR’s 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.

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: 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.