FCPS: “We’re Not Using the IEP During Covid-19 . . . Students May Not Be Found Eligible”
Fairfax County Public Schools intentionally denied FAPE to students who have IEPs
This is just one of the quotes from the 4.13.20 “TLP Procedural and Instructional Guidance Training” Fairfax County Public Schools (FCPS) provided to staff—and just one of many that are cause for concern. (Click here to view the video presentation and a transcript: “FOIA Release: FCPS “TLP Procedural and Instructional Guidance Training” (4.13.20)“.) The presentation indicates:
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:
Andrew Guillen, manager of due process and special education services:
“It’s most important that you contact parents this week and provide the TLP for them to review as soon as possible. We understand there may be different circumstances that may prevent your completion by this April 28 due date, but we would like for you to shoot for that date.”
2. FCPS knew children would be denied special education services due to lack of data. FCPS stopped doing in-person evaluations, however—even before the time of this writing—trusted private providers have been implementing comprehensive evaluations. Yet, parents were given two choices: a) sign the waiver of timelines and have your child evaluated by FCPS at a later date; or 2) keep moving with the timeline, but without all the data and risk having to submit your child for a referral again later. Both scenarios result in children not receiving the services they need.
Dawn Schaefer, coordinator for due process and eligibility:
“If a parent doesn’t agree to extend the eligibility timelines, you will go to eligibility with the information that you currently have. We understand that some students may not be found eligible because data is not present, and that’s understandable. You can assure the parent that the student could be re re referred to local screening once we’re back in school, but you do need to make a decision with the information you have, if a parent doesn’t agree to extend those timelines.”