FCPS Won’t Implement Corrective Actions Required in U.S. Dept of Ed Monitoring Report

FCPS was required to take corrective action. Instead, it refused.

6.23.20: The U.S. Department of Education’s Office of Special Education Programs (OSEP) issued a Differentiated Monitoring Report about Virginia.

For each issue cited, there is an action required by OSEP—and these actions have 90-day timelines associated with them.

8.4.20: I requested formal guidance from OSEP and asked:

Is it OSEP’s position that, after its monitoring letters are released, it is acceptable for the SEA and LEAs to continue taking the very actions they’ve been asked to correct?

Today, OSEP Associate Division Director Matthew Schneer replied:

As you noted, our monitoring letter to VDOE, dated June 23, 2020, provides 90 days for VDOE to meet the required actions. OSEP is engaging in discussions with VDOE on how the State will come into compliance. However, any actions or activities by VDOE or its LEAs that are not consistent with IDEA in the interim period will be considered noncompliance and subject to the requirements in 34 C.F.R. § 300.600(e).

6.24.20: Jennifer Krempasky was emailed the monitoring report. At the time, Jen was a Senior Educational Services Specialist, in Fairfax County Public Schools (FCPS) Due Process & Eligibility Office. It was just announced that she’ll be an assistant principal at Robinson Secondary School.

7.6.20: Jen responded: