FCPS Argues Incorrect Timeline; Attempts to Prevent Complaint Related to Its OCR Resolution Agreement from Moving Forward
Fairfax County Public Schools' Implementation of its "Pandemic Period" Resolution Agreement with Office for Civil Rights Hits Another Roadblock
Last week, Fairfax County Public Schools (FCPS) argued that the two-year statute of limitations for filing a due process complaint under the Individuals with Disabilities Education Act (IDEA)—for disputes related to determination meetings required by U.S. Department of Education’s Office for Civil Rights’ (OCR) 2022 Resolution Agreement with FCPS—started in November 2022, when OCR’s findings and resolution were released to the public, rather than on the date of the determination meetings.
This position was expressed after a due process complaint was filed against FCPS, which directly focused on disputes related to a February 10, 2023, determination meeting.
FCPS’ position contradicts federal and Virginia law.