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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness

by fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

DIRECTOR

May 12, 2023

Lisa Coons, Ed.D.

Superintendent of Public Instruction

Virginia Department of Education

P.O. Box 2120

Richmond, Virginia 23218

Lisa.Coons@doe.virginia.gov

Dear Dr. Coons:

The U.S. Department of Education’s (Department) Office of Special Education Programs 

(OSEP) has shared information with States regarding the implementation of our Differentiated 

Monitoring and Support (DMS) activities as part of the Results Driven Accountability System. 

OSEP selects States for monitoring in two ways: (1) DMS 2.0 uses a cyclical process to assign 

States to cohorts; and (2) OSEP identifies States with emerging issues that require out-of-cycle 

monitoring. Virginia has been selected for DMS targeted monitoring due to emerging issues 

regarding its general supervision system, including but not limited to, implementation of the 

Individuals with Disabilities Education Act (IDEA) regulatory requirements related to Integrated 

Monitoring, Sustaining Compliance and Improvement, and Dispute Resolution.

Under IDEA, Virginia must fulfill its general supervisory and monitoring requirements 

consistent with 20 U.S.C. § 1412(a)(11) and § 1416(a) and 34 C.F.R. §§ 300.149 and 

300.600(a)(1) and (d)(2), and its 20 U.S.C. § 1232d(b)(3)(A) requirements related to the 

administration and enforcement of, among other things, dispute resolution obligations of local 

educational agencies (LEAs). In monitoring these requirements, the State also must ensure that 

when it identifies LEA noncompliance, the noncompliance is corrected as soon as possible, and 

in no case later than one year after the State's identification of the noncompliance. 34 C.F.R. 

§ 300.600(e).

In OSEP’s letter of February 17, 2023, we notified the State that OSEP would be conducting 

additional monitoring activities. In subsequent communications with Dr. Samantha Hollins, the 

Virginia Department of Education’s (VDOE’s) State Special Education Director, OSEP agreed 

to conduct the on-site portion of its review at the VDOE during the week of September 25, 2023.

The specific dates and times will be governed by an agenda, developed in consultation between 

VDOE and OSEP personnel. OSEP staff will continue to communicate with Dr. Hollins and her 

staff to discuss DMS more specifically and to plan calls and related information-gathering 

activities. OSEP will use information provided by the State and its stakeholders to inform our 

monitoring efforts. Additional information about DMS can be found here. 

As shared with Dr. Hollins and stated in OSEP’s February 17, 2023 letter, OSEP’s monitoring 

activities will be designed to evaluate VDOE’s implementation of certain IDEA requirements. 

Specifically, OSEP intends to review the State’s implementation of the following IDEA

requirements: (1) general supervision procedures for the identification and correction of 

noncompliance (34 C.F.R. §§ 300.149 and 300.600); (2) State complaint policies, procedures, 
Page 2—Lisa Coons, Ed.D.

and practices (34 C.F.R. §§ 300.151 through 300.153); (3) due process complaint and hearing 

procedures (34 C.F.R. §§ 300.507 through 300.516); (4) independent educational evaluation 

policies, procedures, and practices (34 C.F.R. § 300.502); and (5) confidentiality of information 

procedures, particularly parent consent before the disclosure of personally identifiable 

information (34 C.F.R. §§ 300.611 through 300.626).

In addition, OSEP will examine the State’s response to the Department’s Office for Civil Rights

findings that Fairfax County Public Schools failed or was unable to provide a free appropriate 

public education to thousands of students with services identified in the students’ individualized 

education programs during remote learning. Specifically, OSEP would like to learn about the 

actions the State has taken, or plans to take, with similarly situated districts in light of these

findings.

Following the DMS activities, OSEP will issue a monitoring report that summarizes our review 

of your State’s implementation of the above requirements and describes recommendations, next 

steps, or required actions, as appropriate. If OSEP’s analysis of any component indicates 

noncompliance, OSEP will describe the noncompliance in the monitoring report and require the 

State to take appropriate corrective action.

If you have any questions, please contact Dr. Ayorkor Austin, OSEP’s State Lead for Virginia at 

202-245-6720 or by email Ayorkor.Austin@ed.gov. 

Thank you for your cooperation and continued work to improve results for children with 

disabilities and their families. OSEP looks forward to continuing its work with your staff and 

stakeholders.

Sincerely,

Valerie C. Williams

cc: Dr. Samantha Hollins

Assistant Superintendent

Department of Special Education and Student Services

Samantha.Hollins@doe.virginia.gov