Special Education Action's 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
Due Process Breakdown: School Division Lawyer’s Opening Statements, John Cafferky 9.30.20
Thank you to everyone who shared and who reached out to me about the recent article “Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia”.
Today’s article shares more information about how that hearing played out, starting with the opening remarks presented by Fairfax County Public Schools’ (FCPS) counsel John Cafferky of Blankingship & Keith.
John presented his opening statements September 30, 2020, the first day of the due process hearing filed against FCPS.
Among other things, the hearing focused on whether the program “Just Words”, which FCPS proposed four school years in a row for the student who was the focus of the hearing, is appropriate for a student who has Dyslexia.
Know This About FAPE
FAPE is an acronym for Free Appropriate Public Education.
Free Appropriate Public Education is not the definition of FAPE.
If you don’t know it already, it is time to learn the definition of FAPE.
In order to know if the school division and its teachers are providing FAPE, you need to know what it is.
Fairfax County Public Schools Failed to Comply with Federal Regulations; Continued to Deny IEEs
Virginia’s Independent Education Evaluation (IEE) regulations will be changed to align with federal regulations.
Local educations agencies (LEA) are required to follow the federal regulations (even before the state regulation change) or they will be found in noncompliance.
However, seven months passed before Fairfax County Public Schools (FCPS) presented this information to special education lead teachers—even though it was already found in noncompliance for failure to comply with federal regulations.
Second Virginia Hearing Officer Rules Reading Program Inappropriate for Student with Dyslexia
The law firm Blankingship & Keith represented FCPS in both cases, too. Although the first hearing officer ruled “Just Words” to be inappropriate for a student with Dyslexia, FCPS continued to enroll students with Dyslexia in it, and FCPS and Blankingship & Keith continued forward in the second hearing, arguing “Just Words” to be appropriate for a student with Dyslexia.
Action Alert: Dyslexia Legislation Support Needed
If you reside outside of Virginia, please contact Decoding Dyslexia chapter in your state to learn about – and support – their advocacy efforts.
View Fairfax County Public Schools’ “Concurrent Instruction Professional Development Guidebook”
Documents, images, and videos noted within the guidebook are included as well.