Virginia public schools under scrutiny for special education compliance.
Virginia School Districts Under Scrutiny for Failing Students with Disabilities
Multiple school districts and the state Department of Education in Virginia have been facing intense scrutiny for allegedly failing to accommodate students with disabilities or provide sufficient special education resources.
Lawsuit Dismissed, but Appeals Continue
Last week, a federal judge dismissed a lawsuit against the Virginia Department of Education and the Fairfax County School Board that had been filed by a group of families who claimed the northern Virginia school district had failed to provide resources to students with disabilities as required by federal law.
This case, which is now being appealed, is one of several that have placed a microscope on the compliance of Virginia school districts with anti-discrimination laws protecting students with disabilities.
Investigation Reveals Failure to Comply
In June, the Virginia Department of Education concluded an investigation into Prince William County Public Schools, which found that the school district had failed to comply with state and federal requirements for special education services.
The department concluded that the school district had “a fundamental misunderstanding of its responsibility to implement [Individualized Education Program] accommodations and has systematically denied IEP accommodations to students with disabilities during admissions related testing and auditions to PWCPS specialty programs,” according to WJLA.
The difficulties in Virginia have drawn the attention of the federal Department of Education, which launched a civil rights investigation into the state Department of Education in June. The investigation was launched in response to a complaint that said the Virginia department had discriminated against students with disabilities during the COVID-19 pandemic by issuing guidance that allowed school districts to meet student needs inadequately.
Former and Current Leadership
The time frame in question predates the administration of Gov. Glenn Youngkin (R-VA), who took office in January 2022. Coons was recently appointed to the position following the resignation of Jillian Balow, Youngkin’s first appointee to the position.
Former Gov. Ralph Northam appointee James Lane previously held the position of superintendent in the Democratic administration. Lane has since taken a job in the U.S. Department of Education as acting assistant secretary of elementary and secondary education.
The Virginia Department of Education told the Washington Examiner that it could not comment on ongoing investigations but that the agency was committed to ensuring “best-in-class” special education services in the state.
“VDOE is committed to developing a best-in-class special education program in Virginia,” the department said in a statement. “Dr. Coons announced last week at the Board of Education meeting that special education will be a recurring Board Agenda item to ensure it is discussed and prioritized. The Special Education team at the Department is reorganizing, and we are working with national experts and families to learn from best practices.”
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