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# 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

# 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

November 30, 2022

**Contact:  **press@ed.gov

                                    -        
The U.S. Department of Education’s Office for Civil  Rights (OCR) today announced a resolution agreement with Fairfax County Public  Schools in Virginia requiring it to take steps necessary to ensure that  students with disabilities receive educational services, including compensatory  services, resulting from the COVID-19 pandemic.

  OCR investigated the school division’s provision during  the pandemic of a free appropriate public education (FAPE) to students with  disabilities, as required by federal civil rights law.  OCR’s  investigation found that the school division failed to provide thousands of  students with services identified in the students’ Individualized Education  Programs (IEPs) and 504 plans during remote learning.  For example, OCR  found that the school division: 
- Reduced and placed       limits on services and special education instruction provided to students       with disabilities based on considerations other than the students’       individual educational needs.
- Inaccurately informed       staff that the school division was not required to provide compensatory       education to students with disabilities who did not receive a FAPE during       the COVID-19 pandemic because the school division was not at fault.  
- Failed to develop and       implement a plan adequate to remedy the instances in which students with       disabilities were not provided a FAPE during remote learning.   

In addition, the evidence OCR gathered during investigation  raised concerns that the school division did not accurately track services  provided to students with disabilities.

  The school division agreed to resolve these violations  and compliance concerns by creating and implementing a comprehensive plan to  address the compensatory education needs of students with disabilities due to  the COVID-19 pandemic.

“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 E.  Lhamon.

  Through implementation of the resolution agreement the  school division will:  
- Develop and implement a       plan to appropriately assess and provide compensatory education to       students with disabilities who did not receive a FAPE during the COVID-19       pandemic.  
- Designate a plan       administrator who will oversee the creation and implementation of the       plan.  
- Convene IEP and Section       504 teams to determine whether students were not provided the regular or       special education and related aids and services designed to meet their       individual needs during remote learning and determine compensatory       education.  
- Track and report to OCR       the implementation of the plan for compensatory education.  
- Provide written guidance       and/or training about the plan to all division staff with responsibilities       under Section 504 and Title II. And,  
- Conduct outreach to       parents, guardians, students, and other stakeholders to publicize the plan       for compensatory education.   

The Department has released a wide variety of resources  addressing schools’ responsibility to ensure that students with disabilities  continue to receive appropriate educational services during the pandemic. Those  include:
- Secretary Cardona’s  *Letter to Educators and Parents Regarding New CDC       Recommendations and their Impact on Children with Disabilities* .       (March 24, 2022)  
- OCR’s  *Fact Sheet: Providing Students with Disabilities Free       Appropriate Public Education During the COVID-19 Pandemic and Addressing       the Need for Compensatory Services Under Section 504*  (Feb.       17, 2022)  
- The Office of Special       Education and Rehabilitative Services’  *Return to School Roadmap: Development and Implementation of       Individualized Education Programs in the Least Restrictive Environment*  (Sept. 30, 2021)  
- OCR’s September 2021       resource collection,  *Back to School: Supporting Educational Environments Free       from Discrimination*

The letter to Fairfax County Public Schools is available here and the resolution agreement is  available here. In addition, OCR has developed a fact  sheet addressing the provision of FAPE during the COVID-19 pandemic and the  need for compensatory services under Section 504. This fact sheet can be found here.
   -  Tags: DisabilitiesCoronavirusPress Releases
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