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Due Process

Due Process Hearing Against Fairfax County School Board: Day 4

Inside day four of a due process hearing against Fairfax County School Board (Virginia), and what it reveals about how much a student can say when we make room for his voice.

Callie Oettinger
Mar 27, 2026
∙ Paid

Location & Accessibility: The due process hearing was scheduled for March 23–27, 2026. Two additional days are yet to be scheduled. It’s open to the public at the Virginia Hills Center, 6520 Diana Lane, Alexandria, VA 22310. The hearing room is on the second floor of a building without an elevator, so access is by stairs only and may present challenges for those with mobility needs.


Highlights

Words I never expected to say: “I enjoyed today’s due process hearing.”

Day four of the hearing offered an unusual opportunity. Instead of expert testimony and legal wrangling, observers at the open hearing watched the student at the center of the case answer questions in real time. Because he is non‑speaking, he spelled his responses on a keyboard held by his communication regulation partner (CRP) and, later, on a laminated letterboard to show how his communication has progressed from a letterboard to a keyboard.

It was a portrait of what true access looks like—an illustration that the ability to speak and the ability to think are not the same, and that motor skills aren’t mirrors of cognitive skills. Despite motor challenges, he spelled out thoughtful answers to complex questions. He took time to “poke” each letter on the keyboard and, later, each letter on the laminate. His CRP waited quietly until he finished spelling before reading the answer aloud. Observers were asked not to enter or leave the room during his testimony, a small courtesy that underscored respect for his rhythm and autonomy. He continued in this manner for hours.

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