Pandemic Shortcomings For FCPS Students With Disabilities To Be Remedied

FAIRFAX COUNTY, VA — After a federal investigation found Fairfax County Public Schools did not properly provide services to students with disabilities during the COVID-19 pandemic, a resolution agreement was announced Wednesday.

U.S. Department of Education’s Office for Civil Rights investigated whether FCPS provided a federally-required free appropriate public education to students with disabilities during the pandemic. The investigation concluded FCPS did not provide thousands of students with services in their Individualized Education Programs and Section 504 plans when FCPS was conducting remote learning.

In a news release, the Department of Education said FCPS reduced and limited services and special education instruction based on factors other than the students' individual educational needs. Federal investigators also claimed FCPS inaccurately informed staff the school division wasn't required to provide compensatory education to students with disabilities who did not receive the mandated free appropriate public education because FCPS wasn't at fault. The investigation found a plan was not developed to remedy cases when students with disabilities weren't provided with free appropriate public education.

FCPS has agreed to remedy the situation by making a plan to address the compensatory education of students with disabilities who didn't receive the required education. FCPS said in a statement it would hold meetings for students with disabilities with Individualized Education Program and Section 504 Plans to determine if compensatory education is needed.

Meetings will also be offered to students with disabilities who graduated but attended during the pandemic-era period between April 14, 2020 to June 16, 2022.

"I am relieved that the more than 25,000 students with disabilities in Fairfax County will now receive services federal law promises to them, even during a pandemic, to ensure their equal access to education," said Assistant Secretary for Civil Rights Catherine Lhamon in a statement.

In a statement, FCPS said, "As we emerge from the global pandemic, FCPS remains committed to working diligently to provide the support needed to ensure each and every student recovers from learning loss. FCPS has and will continue to leverage resources to ensure students with the greatest need receive prioritized support for enhanced outcomes."

FCPS, along with other schools, were required to close in spring 2020 due to the COVID-19 pandemic. As the state provided guidance in summer 2020 for reopening schools, the school district said in a statement it created a return to school plan with a focus on prioritizing students with disabilities in person.

Some groups of students returned to schools in fall 2020, but that return was paused due to COVID-19 metrics. Students who opted into in-person learning returned in early 2021. The school district returned to regular in-person learning in the 2021-2022 school year.

Under the resolution agreement with the U.S. Department of Education, FCPS will have an administrator overseeing the plan to provide compensatory education and have IEP and Section 504 teams to determine whether if students were provided the education, aids and services to meet their needs or require compensatory education. The plan will be tracked and reported to the department's Office for Civil Rights. The plan for compensatory education will also be shared through outreach to parents, guardians, students and others.