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
Due Process Diaries, Part II: Subpoenas
Before I knew a hearing officer had been assigned, Blankingship & Keith, one of the law firms Fairfax County Public Schools (FCPS) taps into for due process hearings, started in with subpoenas.
I’d never been served—much less seen—a subpoena before those arrived.
With the help of Google and God, I got up to speed on subpoenas.
I learned they are kin to a child in a toy shop. Ask the kid what he or she wants, and the response will be everything in sight—plus the G.I. Joe with the Kung Fu grip (for those “Trading Places” fans).
FCPS Special Education Instruction Overview: Reopening Plans
Due Process Diaries, Part I
I filed for Due Process August 26th of this year.
A due process hearing is an experience I could have done without, but I learned a tremendous amount—especially about hearings held via a virtual platform. I learned, too, more than I ever thought I needed to know about the transcripts related to the hearing (more on this later).
In the coming weeks, I’ll share slices of the hearing, from due process filing to final decision—which in this hearing included privacy breaches, perjury, technical glitches, an ADA complaint, denial of full access to the hearing, and denial of rights guaranteed under both federal and state regulations.
Return to School Virtual IEP Guidance Document
Whether you live in Fairfax County, Virginia, or in a different county or state, view this video.
It’s an opportunity to 1) learn what another school division is doing; 2) identify behind-the-scenes practices that are a) problematic and/or b) not occurring according to the training; and 3) to compare against your own division’s practices to a) bring ideas to them and/or b) ask about problem areas behind-the-scenes in your school division.
This presentation was developed by Fairfax County Public Schools (FCPS).
There are a few stand-out comments to consider—and to contact FCPS (or your school division) about if these items weren’t discussed with you.
Here’s one for now, and then the video and transcript follow:
“The first thing the case manager needs to do is to review the IEP and determine whether or not the goals, accommodations, and services can be delivered in a virtual format.”
If yes, did the case manager actually take an action outside of “review” and “determine”?
Robinson Secondary School Privacy Breach: FCPS Released Names, ID Numbers of Students Receiving Special Education
This time, the breach is related to class of 2023 at Robinson Secondary School.
The list provides full names, student identification numbers, classes, interventions, recommendations, and class teachers and periods for the students.
Fairfax County Public School Lawyer bcc’d on Email between Teacher and Student; Why?
Does anyone think it a good use of taxpayer money to bcc Fairfax County Public School (FCPS) lawyers on emails as benign as:
1) an email from a teacher to her student, about an assignment; and
2) an email from an IEP case manager introducing herself to the student’s family?
About three dozen emails, spanning this past year, have been uncovered, with bcc’s to Blankingship & Keith attorneys Wesley Allen and/or John Cafferky.
As of 2018, John Cafferky’s billing rate was $295/hour and Wesley Allen’s was $245/hour.
Do we really need to pay $4-to-$5 a minute for lawyers to read emails, when there are greater needs within the school system?