Education Department Requires Virginia Fairfax County Schools to Recover Missed Education to Students With Disabilities

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FAIRFAX COUNTY, Va.—The U.S. Department of Education (ED) concluded that Fairfax County Public Schools (FCPS), the largest schoolhouse territory successful Virginia with implicit 180,000 students, failed to supply capable acquisition to students with disabilities during the pandemic.

In a Wednesday release, ED said that FCPS “reduced and placed limits connected services and peculiar acquisition instruction” based connected considerations different than the student’s idiosyncratic learning needs and incorrectly informed unit that they didn’t person to supply compensatory services, arsenic required by “free due nationalist education” per national law.

In addition, FCPS besides didn’t accurately way services provided to students with disabilities, according to the ED findings (pdf).

The schoolhouse territory besides announced connected Wednesday that it was going to clasp valuation meetings with each existent students with disabilities and those who near oregon graduated during the pandemic play (April 14, 2020—June 16, 2022) to find the fig of compensatory services needed, arsenic a portion of the solution statement betwixt FCPS and ED’s Office of Civil Rights (OCR).

“I americium relieved that the much than 25,000 students with disabilities successful Fairfax County volition present person services national instrumentality promises to them, adjacent during a pandemic, to guarantee their adjacent entree to education,” said Assistant Secretary for Civil Rights Catherine E. Lhamon successful a statement.

ED recovered that FCPS provided virtual acquisition only—usually shorter than in-person sessions, “in immoderate cases arsenic small arsenic 30 to adjacent 5 minutes per month”—to astir students with stabilities betwixt March 2020 and the extremity of the 2020–2021 schoolhouse year.

According to the missive (pdf) ED sent to FCPS superintendent Dr. Michelle Reid, FCPS’s missed acquisition services to students with disabilities magnitude to an estimated $3 million, involving implicit 10,000 occupational therapy sessions for astir 2,000 students, implicit 2,500 carnal therapy sessions for astir 600 students, and 7,000 students who person missed astir 48,000 sessions of speech.

Epoch Times Photo Michelle Reid makes her oath of bureau remarks aft being sworn successful arsenic the caller superintendent of Fairfax County Public Schools astatine the Luther Jackson Middle School successful Falls Church, Va., connected June 30, 2022. Her word starts connected July 1, 2022, and ends connected June 30, 2026. (Terri Wu/The Epoch Times)

‘Crisis for Staffing’

“The occupation is that we are successful a situation for staffing,” Francesca J. Baker, an FCPS speech-language pathologist, told The Epoch Times. She uses an alias for fearfulness of losing her job. “We are successful a situation for licensed, credentialed professionals who tin adequately supply services.”

She laid retired what this solution statement meant for her and her colleagues: “So present we’re going to beryllium pulled from providing the services to kids to be these [evaluation] meetings, which volition instrumentality an inordinate magnitude of time. Not to accidental that it’s not a bully happening for america to bash this, but there’s cipher to bash it.”

“We are dispersed truthful thin,” said Baker, adding that each pupil would request astatine slightest an hr for code disablement evaluation, which usually would impact a squad of acquisition professionals, sometimes six to 7 specialists successful 1 gathering if the lawsuit was severe.

According to Baker, teachers volition besides request to find retired however galore missing hours to supply for betterment services and papers the findings for parents, which volition instrumentality further time. She said the compensatory services FCPS owes to students with disabilities would exacerbate the vicious rhythm FCPS is already in—teachers were overwhelmed; teachers left; past much teachers were strained and left.

“Every year, ASHA (American Speech-Language-Hearing Association) has a convention. It’s ever successful November. This year, it was successful New Orleans, and my supervisors went to that normal for the sole intent of recruiting,” Baker said, adding that erstwhile peculiar acquisition teachers couldn’t determination to Fairfax County successful bluish Virginia, they were offered distant teaching opportunities.

Before the ED findings, a September 2022 study (pdf) discovered that from 2016 to 2019, FCPS students with disablement consistently had astir 30 percent little walk rates successful the Commonwealth’s modular of learning tests than students without disabilities. The Fairfax County School Board commissioned that peculiar acquisition reappraisal successful October 2020 and said they would finalize a program aboriginal adjacent twelvemonth to code the report’s findings.

Beyond conscionable students with disabilities, different study released connected Thursday recovered that “the COVID-19 pandemic appears to person led to poorer intelligence wellness and accelerated encephalon aging successful adolescents.” A radical of scholars successful the Department of Psychology astatine Stanford University researched the interaction of the pandemic and its shutdowns—not the virus—on young people’s intelligence wellness and neurodevelopment.

“We should not person unopen down schools,” said Baker. “The effects of this [COVID] microorganism were 10 times worse than the microorganism itself. And cipher wants to basal up and say: ‘You cognize what? We messed up.’”

In effect to the OCR decision, Denise Marshall, CEO of the Council of Parent Attorneys and Advocates (COPAA), a nonprofit for the ineligible and civilian rights of students with disabilities, said successful a statement: “By taking this action, OCR is demonstrating that nary territory tin shun its obligations to students and indispensable usage the resources provided by Congress to code their acquisition needs.”

When ED released its “Nation’s Report Card” connected 4th and eighth grades mathematics and speechmaking connected Oct. 24, Virginia saw the sharpest diminution successful the federation successful fourth-grade speechmaking scores—13.6 points since 2017 and 3 times the nationalist average.

At a property lawsuit successful Richmond connected the aforesaid day, Virginia Gov. Glenn Youngkin urged schoolhouse divisions to usage their remaining national COVID betterment funds to assistance students learn. “Fairfax County Public Schools person $177 cardinal left,” helium called retired to FCPS. Youngkin said that section schoolhouse divisions would beryllium required to taxable updated spending plans for national spending funds by Dec. 31.

Terri Wu


Terri Wu is simply a Washington-based freelance newsman for The Epoch Times covering acquisition and China-related issues. Send tips to [email protected]