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

The Things Hearing Officers Say: Deference to Educators

Too often, “deference to educators” is a trigger phrase among parents of students with special education needs.

While there are educators who are of great worth, parents too often have sat in IEP meeting after IEP meeting, opposing educators whose lack of training, lack of experience, lack of empathy—and sometimes all three—are negatively impacting students. Add to this, educators who make a parent’s opposition personal, to the point they oppose everything a parent states, just to oppose it, with all focus on their egos rather than the needs of the child.

So, what happens when the school division counsel argues for deference to educators as part of his due process hearing final brief? Does deference have to be given to the very educators who have so often been the root of all the problems?

The Things State Local Education Agencies Say: Forms for Filing a State Complaint

This is the first post in a new series, titled “The Things They Say”. It will feature verbatim comments from state education agencies, local education agencies, school lawyers, school staff, school witnesses in due process hearings, and a number of other organizations and individuals.

The goal is to share information that will help other families 1) know how issues in their states and/or school district have been handled and 2) know established patterns of behavior that they might face; and 3) advocate for change.

Each post will be updated as new information is received. For example, this post features an example related to the Virginia Department of Education. The goal is to have something representing every state added to this post.

Negative Impact of VDOE’s Inaccurate Information Continues

The Virginia Department of Education’s (VDOE) failure to provide accurate information to parents continues.

June 3, 2017, VDOE was made aware of bad/broken links in its “Parent’s Guide to Special Education Dispute Resolution” document.

Almost four years later, the bad/broken link in question— https://www.doe.virginia.gov/VDOE/dueproc—is still listed 11 times the parent’s guide.

Independent Educational Evaluation: VDOE Rules FCPS in Noncompliance; Follows OSEP Monitoring Report

Struggling to obtain an Independent Educational Evaluation (IEE) in Virginia?

Below is an example of an IEE-related Letter of Findings, which the Virginia Department of Education (VDOE) issued after it found Fairfax County Public Schools (FCPS) in noncompliance.

VDOE’s Letter of Findings language can be used as guidance as you write your own state complaint in Virginia. If you live in another state, explore if your state has the same regulations as Virginia or if those regulations are in line with IDEA.

8 VAC 20-81-110.B.2

The articles in this series will share Virginia regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.

One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.

§300.323(c)

The articles in this series will share the IDEA 2004 regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.

One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.