Recently, the Office of Civil Rights announced its investigation into Fairfax County related to notice and results from working with parents related to COVID. There are many very important lessons ALL school districts should learn from this investigation.

The title of the report is:
U.S. Department of Education’s Office for Civil Rights Announces Resolution of Investigation into Fairfax County Public Schools in Virginia, Related to the Needs of Students with Disabilities During the COVID-19 Pandemic

It can be found at: https://www.ed.gov/news/press-releases/us-department-educations-office-civil-rights-announces-resolution-investigation-fairfax-county-public-schools-virginia-related-needs-students-disabilities-during-covid-19-pandemic#:~:text=The U.S. Department of Education’s,resulting from the COVID-19

Here are several important lessons that school districts should consider:

Compliance with Federal Civil Rights Laws: The most fundamental lesson is the importance of compliance with federal civil rights laws. School districts must adhere to regulations and laws that protect the rights of students with disabilities, including the provision of a free appropriate public education (FAPE).

Individualized Education Programs (IEPs) and 504 Plans: Schools must adhere to the requirements outlined in students’ IEPs and 504 plans. Any reduction or limitation of services provided to students with disabilities must be based on the students’ individual educational needs and should be made with the utmost care to ensure students’ rights are not violated.

Communication and Staff Training: School districts should ensure staff members are accurately informed about their obligations under federal law. In the case of Fairfax County, inaccurate information was given to staff regarding compensatory education. Proper training and communication are critical to avoid such issues.

Tracking and Documentation: It’s essential for school districts to maintain accurate records and documentation of the services provided to students with disabilities. The failure to accurately track services raised concerns in the OCR investigation. Proper documentation is not only essential for accountability but also for evaluating the effectiveness of services.

Compensatory Education: School districts should be prepared to provide compensatory education when students with disabilities do not receive a FAPE during rare circumstances like the COVID-19 pandemic. A comprehensive plan should be developed to address the compensatory education needs of affected students.

Plan Administrator: Designating a plan administrator responsible for overseeing the creation and implementation of the compensatory education plan is a good practice. Having a point person ensures accountability and effective execution of the plan.

Inclusion and Engagement: School districts should actively engage parents, guardians, students, and other stakeholders in the process. Conducting outreach and providing written guidance ensures the affected community is aware of and involved in the plan for compensatory education.

Lessons from the Pandemic: The COVID-19 pandemic posed unique challenges for education. School districts should take lessons from this experience to improve their readiness for addressing similar crises in the future. This includes having contingency plans in place for delivering services to students with disabilities during remote learning scenarios.

School districts should prioritize compliance with federal laws, individualized education programs, accurate communication and staff training, proper documentation, and planning for exceptional circumstances like the COVID-19 pandemic. The Fairfax County case serves as a reminder of the importance of upholding the rights of students eligible for special education and ensuring their access to quality education, even during challenging times.