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
Updated 4.7.24—Virginia in More Hot Water; U.S. Department of Education Issues New Report, Finds VDOE at Fault for More Noncompliance
March 13, 2024, U.S Department of Education (USDOE) Office of Special Education Programs (OSEP) found Virginia Department of Education (VDOE) in noncompliance for the fourth year in a row. OSEP released its findings in a new Differentiated Monitoring Support report and letter. The issues identified relate to state complaints, mediation, due process, prior written notice, confidentiality, and independent educational evaluations (IEE).
March 15, 2024, Superintendent Lisa Coons responded to OSEP’s letter and report by issuing a letter to USDOE that states VDOE’s commitment to change and includes a chart outlining VDOE’s proposed corrective action plan (CAP) and timelines.
Notable corrective actions include changes to Virginia regulations regarding state complaint and due process filings. Moving forward, parents and advocates will be able to file state complaints and due process against VDOE.
Long-term noncompliance continues to relate to independent educational evaluations (IEE).
UPDATED 3.29.24—VDOE to Investigate Fairfax County Public Schools for Systemic Noncompliance; District Fails to Implement IEPs in a Timely Manner
This time, Virginia Department of Education (VDOE) is investigating FCPS’ failures to implement IEPs in a timely manner.
Notably, FCPS has failed to ensure timely provision of compensatory education to students and timely reimbursement of out-of-pocket expenses to parents, even though both appear in IEPs proposed by FCPS and consented to by parents. The compensatory education and reimbursements at the core of the complaint relate to FCPS’ resolution agreement with Office for Civil Rights (OCR).
In some cases, parents and students have been waiting more than six months for FCPS to provide reimbursements and/or ensure provision of compensatory education.
Dept. of Justice Finds Florida School District Discriminated Against Students with Disabilities; Routinely Relied on Suspensions and Referrals to Law Enforcement
The investigation focused on the 2018-19, 2019-20, 2020-21, and 2021-22 school years and concluded PCPS discriminated against students who have disabilities when it “routinely relied on suspensions and referrals to law enforcement to respond to students’ disability-related behaviors that could have been addressed through proper behavioral interventions and supports.”
Due Process Hearing Officer Orders Private College Prep School Placement for Student; Parents and Student Prevail in Rare Virginia Decision
When Hearing Officer Rhonda Mitchell found a private college preparatory school to be the appropriate placement for the student, and ordered PWCPS to pay for the student’s tuition, the word unprecedented came to the minds of the parents and their advocate.
VDOE Orders FCPS to Stop Delaying Provision of Compensatory Education and Reimbursable Expenses; IEPs Addressing Office for Civil Rights Findings Must Be Implemented
That stops now.
IEP Teams Must Consider Assistive Technology Devices and Services Every Time a Student’s IEP is Developed, Reviewed, or Revised
U.S. Department of Education (USDOE) clears up misconceptions about this requirement in its new guidance document “Myths and Facts Surrounding Assistive Technology Devices and Services” and the “Dear Colleague” letter accompanying it.