Connect with us

State News

Feds identify ‘significant’ ongoing concerns with Virginia special education

Published

on

After failing to meet federal requirements to support students with disabilities in 2020, the Virginia Department of Education will remain under further review by the federal government after continuing to fall short in monitoring and responding to complaints against school districts, according to a letter from the U.S. Department of Education.

“We have significant new or continued areas of concerns with the State’s implementation of general supervision, dispute resolution, and confidentiality requirements” of IDEA, stated the Feb. 17 letter from the Office of Special Education Programs.

The U.S. Department of Education first flagged its concerns in a June 2020 “Differentiated Monitoring and Support Report” on how Virginia was complying with the Individuals with Disabilities Education Act following a 2019 visit by the Office of Special Education Programs.

IDEA, passed in 1975, requires all students with disabilities to receive a “free appropriate public education.”

The Virginia Department of Education disputed some of the federal government’s findings in a June 19, 2020 letter.

State officials says special education is a ‘core priority.’ Parents and advocates beg to differ.

Samantha Hollins, assistant superintendent of special education and student services, wrote that verbal complaints “are addressed via technical assistance phone calls to school divisions” and staff members “regularly work to resolve parent concerns” by providing “guidance documentation” and acting as intermediaries between school employees and parents.

However, some parents and advocates say systemic problems in how the state supports families of children with disabilities persist. At the same time, on June 15, 2022, a state report found one of Virginia’s most critical teacher shortage areas is in special education.

“Appropriate policies and procedures for both oversight and compliance, and their implementation, are crucial to ensuring that children with disabilities and their families are afforded their rights under IDEA and that a free appropriate public education (FAPE) is provided,” said the Feb. 17 letter from the Office of Special Education Programs.

While the U.S. Department of Education wrote that it believes the Virginia Department of Education has resolved some of the problems identified in 2020, including resolving complaints filed by parents and creating a mediation plan, it said it has identified “new and continued areas of concern” and intends to continue monitoring Virginia’s provision of services for students with disabilities.

Among those are ongoing concerns over the state’s complaint and due process systems that “go beyond the originally identified concerns” originally found. The Office of Special Education Programs writes it has concluded Virginia “does not have procedures and practices that are reasonably designed to ensure a timely resolution process” for due process complaints.

The department also said it has concerns over the practices of at least five school districts that are inconsistent with IDEA’s regulations.

The decision comes after the U.S. Department of Education announced in November that Fairfax County Public Schools, Virginia’s largest school district, failed to provide thousands of students with disabilities with the educational services they were entitled to during remote learning at the height of the COVID-19 pandemic.

Virginia is also facing a federal class-action lawsuit over claims that its Department of Education and Fairfax County Public Schools violated the rights of disabled students under IDEA.

Parents involved in the case said the Virginia Department of Education and Fairfax school board “have actively cultivated an unfair and biased” hearing system to oversee challenges to local decisions about disabled students, according to the suit.

Charles Pyle, a Virginia Department of Education spokesman, said in an email that “VDOE continues to work with our federal partners to ensure Virginia’s compliance with all federal requirements, as we have since the ‘Differentiated Monitoring and Support Report’ was issued in June 2020.”

The federal government said if Virginia could not demonstrate full compliance with IDEA requirements, it could impose conditions on grant funds the state receives to support early intervention and special education services for children with disabilities and their families.

Last year, Virginia received almost $13.5 billion in various grants linked to IDEA, according to a July 1, 2022, letter to former Superintendent of Public Instruction Jillian Balow, who resigned on March 9.

James Fedderman, president of the Virginia Education Association, blasted Gov. Glenn Youngkin’s administration after the findings were released.

“While the Youngkin administration has been busy waging culture wars in schools, his administration has failed to meet basic compliance requirements with the U.S. Department of Education for students with disabilities,” Fedderman said. “This failure threatens our federal funding for students with disabilities and is a disservice to Virginia families who need critical special needs support.”

 

by Nathaniel Cline, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
72°
Clear
5:56 am8:40 pm EDT
Feels like: 72°F
Wind: 3mph SSE
Humidity: 94%
Pressure: 29.88"Hg
UV index: 0
SatSunMon
82°F / 68°F
84°F / 66°F
84°F / 64°F
Local News12 hours ago

Hike Kidz Foundation Partners with Love in Action to Deliver Fresh Food to Families

Local News13 hours ago

After 12 Years of Service, Seniors First Executive Director Jimmy Roberts to Retire

Local Government14 hours ago

Warren County Residents Speak Against Data Centers at County Planning Commission Meeting

Community Events17 hours ago

Pirate Adventure Vacation Bible School Sets Sail July 19 at First Baptist Church

Opinion17 hours ago

The Human Access Layer

Crime/Court17 hours ago

Two Juveniles Charged After 17 Vehicle Break-Ins in Bentonville Area

State News17 hours ago

Prince William Supervisors Reject Dulles Cloud South Data Center Proposal

National News18 hours ago

Trump Faces Looming Deadline to Sign Popular Bipartisan Housing Package

Common Ground with Coolidge21 hours ago

How the Declaration and the Constitution Are Inseparable

Interesting Things to Know22 hours ago

How to Say “I Don’t Know” Gracefully

Interesting Things to Know22 hours ago

Meet the Brown Marmorated Stink Bug

Community Events1 day ago

Fireman’s Parade Draws Crowds Despite Summer Heat as Carnival Continues Through Saturday

Local News1 day ago

Warren Memorial Hospital Achieves Another National Recognition

Local Government2 days ago

Warren County Tourism Debate Expands Into Broader Conversation About Governance, Accountability, and the Future of Regional Marketing

Livestream - FR Cardinals2 days ago

Game Postponed to July 17 – Cardinals Host New Market Rebels Thursday, July 9 at Bing Crosby Stadium

State News2 days ago

Court Battles Leave Virginia’s New Assault Weapons Ban in Legal Limbo

State News2 days ago

Virginia Ranks Among Top States for Highway Safety and Mobility Benefits, but Challenges Remain

Historically Speaking2 days ago

The Supreme Court Should Be Above Politics

Opinion2 days ago

Commentary: Virginia’s Atlantic Coast Should Be Protected, Not Turned Into a Sacrifice Zone

State News2 days ago

Dropped Your ACA Insurance Due to Spiking Premiums? You Could Qualify for a State Subsidy This Fall

Health2 days ago

CDC Monitors Rise in Cyclosporiasis Cases as Summer Produce Season Begins

Obituaries2 days ago

Kathryn E. “Kathy” Warren (1958 – 2026)

Business2 days ago

Virginia Expands RetirePath Retirement Program to More Small Businesses

Interesting Things to Know2 days ago

Everyone Is Going to the Moon. Will We Fight Over It?

Business2 days ago

Ice Down the Hall: A Peculiarly American Demand