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
FOIA Release: FCPS’ Jane Strong and VDOE’s Samantha Hollins; E-Mails, May 5 and May 13, 2020
They are between Jane Strong, director of Fairfax County Public Schools’ (FCPS) Office of Special Education Procedural Support, and Samantha Hollins, assistant superintendent of the Virginia Department of Education’s (VDOE) Department of Special Education and Student Services.
Jane explores using waivers to graduate students who weren’t expected to graduate.
COVID 19 and FAPE
Let’s start with the United States Departments of Education and IDEA.
§ 300.17 of IDEA states: “Free appropriate public education or FAPE means special education and related services that—(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324.”
Sections §§300.320 through 300.324 specifically address meeting the needs of the child, not the needs of the school.
COVID-19 did not change the needs of the child. It changed the location at which those needs are addressed.
Crisis Management Messaging: Gov. Cuomo’s, Gov. Northam’s, VDOE’s, and FCPS’ Staff on “Distance Learning”
“Sorry this got to you and James”.
—Scott Brabrand, FCPS Superintendent.
4.21.20, Fairfax County Public School (FCPS) Superintendent Scott Brabrand emailed this apology to Donald R. Fairheart, Deputy Superintendent and Chief of Staff, Division of School Quality, Instruction, and Performance, VDOE. James is James Lane, Superintendent of the Virginia Department of Education.
His “sorry” followed an email from Alexander Cochran, Special Counsel to the Governor for Federal Affairs, Office of Governor Cuomo, to Stacey Brayboy, Director of the Virginia Office of Intergovernmental Affairs, warning about FCPS’ failures to launch.
FCPS: “We’re Not Using the IEP During Covid-19 . . . Students May Not Be Found Eligible”
“. . . we’re not using the IEP during COVID-19â€. —Andrew Guillen, manager due process and special education services
This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training†FCPS provided to staff — and just one of many that are cause for concern.
The presentation indicates: 1) FPCS did not have IEPs or TLPs in place when their online campus for distance learning launched April 14th. Instead, the day before, staff members were being advised on TLPs.
FOIA Release: FCPS “TLP Procedural and Instructional Guidance Training” (4.13.20)
4.13.20: Video Slideshow accompanying “TLP Procedural and Instructional Guidance Training” presented by Dawn Schaefer, coordinator for due process and eligibility; Andrew Guillen, manager due process and special education services; Kellie Cochran, coordinator for special ed related services.
Obtained via FOIA request.
Transcript provided by Special Education Action.
FCPS Makes Case Against Providing Comp Ed, FAPE, and PWNs
FCPS’s response to the complaint makes a case AGAINST providing compensatory education in response to the cessation of in-person instruction during the 2019-20 school year, based on an argument that schools weren’t open and FCPS isn’t responsible for closed and/or partial days.