An almost two-year investigation conducted by the U.S. Education Department has found that Fairfax County Public Schools failed to meet the needs of students with disabilities during the COVID-19 pandemic. 

The Education Department’s Office for Civil Rights detailed the negligence in a 23-page letter  addressed to Fairfax Schools Superintendent Michelle Reid, and sent on Wednesday. Public schools are required by federal law to provide free appropriate public education (FAPE) for students with disabilities. However, starting with the onset of the pandemic in 2020 and the subsequent transition to remote learning, Fairfax County Schools did not do so, according to the letter.

After returning to in-person learning, Fairfax Schools also failed to provide “compensatory education” owed to students with disabilities as a result of the school system’s failure to educate them sufficiently through their individualized education plans/programs during the pandemic. Instead, they proposed “recovery services” that Fairfax Schools admitted was not the same as compensatory services. The U.S. Education Department says that these “recovery services” “[fall] short of what is required to remedy denials of FAPE.” 

Fairfax Schools were aware of their shortcomings at the time they occurred, and provided the U.S. Education Department copies of emails from spring of 2020 through June 2020, sent between staff, indicating that administrators knew students with disabilities were not receiving all of the support and services detailed in their individual education plans.

“[Fairfax County Public Schools] has instead explained, both to its staff and to [Office for Civil Rights] OCR, that because it does not regard itself at fault for disruptions caused by the pandemic, it does not believe it denied any students FAPE as result of them, nor consequently owes those students compensatory services,” according to the letter. Fairfax Schools administrators advised staff to steer parents away from conversations about compensatory education and inaccurately told staff they were not required to offer those services.

The Office for Civil Rights also found evidence that Fairfax Schools was not fully tracking students, according to the letter. “During a recorded December 2020 webinar for middle and high school special education lead teachers, teachers expressed concern that during virtual instruction, some students would log in, never turn on their camera or microphone, or otherwise engage or participate in instruction, for entire class periods. Nevertheless, according to the recording, the Division was still instructing teachers to count those students present. One teacher on the webinar expressed concern that those students may be struggling or not doing work and were not really part of class,” according to the letter.

This letter comes after multiple years of scrutiny over the Fairfax County School Board and the Virginia Department of Education. In September, a class action lawsuit was filed against them for violating the Individuals with Disabilities Act (IDEA). And in October, disparities in test scores, extended suspensions, and expulsions disproportionately impacting students with disabilities were found in a report on Fairfax County Public Schools’ special education program.

In response to the current investigation, Fairfax County Public Schools signed a 10-page resolution saying they will offer compensatory services to students with disabilities. Fairfax Schools agreed to implement a comprehensive plan for staff, students, and parents/guardians, which includes a tracking mechanism to make sure students are actually receiving the services they need. Fairfax Schools will appoint an administrator to oversee the plan’s implementation, according to the resolution.

The school district also shared a statement on their website confirming their agreement to the resolution terms.

“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,” the statement said. “FCPS has and will continue to leverage resources to ensure students with the greatest need receive prioritized support for enhanced outcomes.”