Virginia

Va. judge dismisses special education case; plaintiffs file complaint

Published

1 year ago

August 1, 2023

Va. judge dismisses special education case; plaintiffs file complaint

Families suing the Fairfax County School Board and Virginia Department of Education over services for students with disabilities have asked the state attorney general to investigate the two entities after a judge dismissed their class-action case last week.

The case alleged that for decades the school system denied resources to students with disabilities that are guaranteed to them under federal law.

The lawsuit also alleged that state hearing officers nearly always ruled against parents who challenged decisions about a student’s education. The Fairfax School Board and the state education department both filed motions to dismiss the case on procedural grounds in February. Last week, a judge in the U.S. District Court for the Eastern District of Virginia ruled in their favor.

The plaintiff’s lawyers said in an interview that they plan to appeal the case. In the meantime, they have filed a civil rights complaint with the office of the attorney general to continue the fight.

“We believe Virginia, and in particular Fairfax County, have repeatedly violated the rights of the disabled under the Virginia Human Rights Act,” said Trevor Chaplick, a parent and lead plaintiff in the case. “We are asking the Virginia Attorney General to investigate these violations, as disabled students are a protected class under the Virginia Human Rights Act.”

Victoria LaCivita, spokeswoman for Virginia Attorney General Jason Miyares (R), declined to comment on the complaint.

Virginia Superintendent of Public Instruction Lisa Coons said in an interview that, while the education department was excited about the dismissal of the lawsuit, it would continue efforts to improve special education services in the state.

“We are really digging into our special education to make sure that we have a focus on supporting our fragile students across Virginia and making sure that we are delivering and supporting educators to have great education for all of our students with special needs,” Coons said.

Previous coverage: Disabled kids fighting school placements ‘almost always lose,’ Va. suit says

A Fairfax County spokesperson said in a statement that the school division appreciated the court’s consideration and agreed with the decision to dismiss the case, but FCPS would remain “committed to working with parents to provide students with disabilities an education that meets their needs.”

There have long been concerns over the services that students with disabilities receive, but the scrutiny has become more intense in Virginia. The U.S. Department of Education has launched multiple investigations into how schools in the commonwealth adhere to the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees children with disabilities receive a “free appropriate public education” (FAPE).

In late June, for the first time in more than a decade, the state’s IDEA compliance level fell from “Meets Requirements,” the highest ranking from the federal education department, to “Needs Assistance.” Coons told members of the state education board last week that the lower ranking was due to an accidental error in data filing. Spending more than one year in the “Needs Assistance” classification will lead to more intervention from the federal education department.

There are more than 178,000 students in Virginia with disabilities. The department receives complaints regarding Individualized Education Program (IEP) meetings to address students’ needs and services that extend beyond the typical school year. Coons said that complaints have recently been more complex and systemic than in previous years. Complaints about discipline of students and compliance with IDEA are frequent.

The superintendent said she could not comment on specific ongoing investigations but outlined upcoming changes to provide better services to students with disabilities including restructuring the office, tracking complaints from parents to better assess where efforts should be focused and hiring two analysts to evaluate the state’s programs.

“We have 1.3 million children in Virginia, and I think our students with special needs deserve exemplary care and exemplary opportunities for education. And I am prioritizing that work and want to make that a specific area of focus for our office,” Coons said in an interview.

In the complaint filed last week with the office of the attorney general, plaintiffs allege that the Fairfax School Board and state education department discriminated against students with disabilities by overseeing a “systemically defective educational system” that “ultimately prevent families with disabled children from receiving and vindicating their educational rights.” It requests that Miyares open an investigation into both jurisdictions.

Previously: U.S. says Fairfax schools failed students with disabilities amid pandemic

The complaint references the allegations in the dismissed lawsuit about the state’s due process hearings, the procedure in place to settle a disagreement between a school division and a parent on what is appropriate for a student.

The lawsuit discusses Chaplick’s son, referred to only as “D.C.” in the suit, who has autism, attention-deficit/hyperactivity disorder, and Tourette’s syndrome, among other disorders. Chaplick and his wife Vivian asked the school system move their son from his public school to a private residential program, which they said could better accommodate his needs. Their request was denied. The Chaplicks lost their due process hearing to appeal that decision. During a second appeal in 2021, they filed Freedom of Information Act requests to determine how often parents like them won when challenging decisions about their disabled children’s care.

The Chaplicks found that between 2010 and July 2021, just three petitions out of 395 in Northern Virginia prevailed, according to the lawsuit. The data shows across Virginia, just 13 parents in 847 cases, or about 1.5 percent, successfully challenged school district decisions. By comparison, the suit said almost 35 percent of California parents — the state with the most special needs students in the country — won such cases, as did around 15 percent of Maryland parents.

The suit alleged that Virginia’s education department “carefully curated” a slate of hearing officers who almost always sided with the state. According to the suit, two-thirds of the state’s 22 officers examined in the suit have never ruled for parents statewide. The plaintiffs asked in the lawsuit for the court to declare that the state’s review process violated the IDEA and force the state to implement changes that would bring Virginia into compliance.

Chaplick said that the decision to keep fighting despite the dismissal was an attempt to bring systemic changes for parents.

“This isn’t about money. This is about reform and changing the law and ensuring that the state complies with its federal obligations under the IDEA,” he said.

Justin Moyer contributed to this report.

Virginia

Virginia Tech Football: Three Keys to Victory for the Hokies on Saturday vs Virginia

Published

8 hours ago

November 28, 2024

Press Room

Virginia Tech Football: Three Keys to Victory for the Hokies on Saturday vs Virginia

The rivalry matchup between Virginia Tech and Virginia is nearly 48 hours away and it is a big matchup for both teams. The Hokies and the Cavaliers are both 5-6 and needing a win to make a bowl game. The loser will be getting a headstart on 2025 instead of playing in the postseason.

At the start of the year, Virginia Tech was being talked about as one of the biggest surprise teams not just in the ACC, but in the country. This team’s biggest goals have gone away, but they still have an opportunity to reach a bowl game for the second straight season. That should still be a big deal to the program, but on the other side, the Cavaliers are trying to make a bowl game for the first time under Tony Elliott. They are going to be fired up about playing in this game and having a chance to make a bowl game, so Virginia Tech can’t take it for granted, no matter their past success vs Virginia.

So what are the keys to a win for Virginia Tech on Saturday?

Before you could even blink on Saturday night, Virginia Tech was trailing Duke 14-0 thanks to two long touchdown plays and the Blue Devils have not been a very explosive offense this season. Virginia has found a way to put points on teams like Clemson and Louisville this season and has improved since last year. The Hokies’ pass rush was non-existent on Saturday vs Duke, finishing with no sacks and being unable to disrupt Duke quarterback Maalik Murphy. They will have to be able to play better on Saturday if they want to avoid the upset.

It is still up in the air who is going to play quarterback for the Hokies on Saturday night, but whoever it is would benefit from a big game from one of the nation’s best running backs. Tuten had 84 yards on 19 carries last week, but Virginia Tech might need more than that on Saturday when the face the Cavaliers.

Our own RJ Schafer wrote this about the quarterbavck situation heading into Saturday’s game:

“Brent Pry listed both Kyron Drones and Collin Schlee as questionable ahead of the historic matchup. He added that both will practice, although very limited, and they could “just be watching” from the sidelines.

Coach Pry also added that Virginia Tech is preparing four quarterbacks to be ready to play this weekend, including Davi Belfort, a freshman quarterback from Brazil, a country which could begin to be the future of American college football.

Whoever plays this weekend is going to have to have to manage the game and not turn the ball over. I think the offense is going rely on the run game heavily this weekend due to that.

Additional Links:

Virginia Tech Football Releases Depth Chart Ahead of Matchup Against Virginia

Virginia Tech Football: PFF Grades and Snap Counts For Every Player in Saturday’s Loss to Duke

Virginia Tech Football: Updated Bowl Projections For The Hokies Heading Into Final Game

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Virginia

Big Tests On The Horizon For Virginia Tech Wrestling – FloWrestling

Published

16 hours ago

November 28, 2024

Press Room

Big Tests On The Horizon For Virginia Tech Wrestling – FloWrestling

At 3-0 with marquee victories over #6 Missouri (23-10) and #21 Rutgers (26-11), as well as a second-place finish in the Keystone Open with just a handful of starters competing, Virginia Tech has swept through a tough November and is prepared for a difficult December.

The Hokies, #12 in Flo’s team tournament ratings but top 10 in various dual-meet rankings, are next scheduled for an annual trip to Las Vegas for the Cliff Keen Invitational, featuring 27 teams, of which 14 are among Flo’s top 25. And then it’s another trip west to Stillwater on Dec. 19 to challenge #5 Oklahoma State in a rare Thursday match.

The early key thus far for the Hokies has been the ability to win the bouts they’re supposed to win and grabbing a fair share of so-called toss-up bouts.

To wit, Tech’s #18 Sam Latona downing Missouri’s #13 Josh Edmond (4-2) at 141, or #25 Rafael Hipolito majoring the Tigers’ #32 James Conway (11-3) at 157 and #15 Jimmy Mullen stopping #20 Seth Nitzel (4-2) at heavyweight.

That trend continued at Tech’s Moss Arts Center match against #21 Rutgers when Latona used a late takedown to defeat Joey Olivieri 7-5, #4 Lennox Wolak pinned veteran Jackson Turley at 174 and #9 Andy Smith slipped past #17 John Poznanski 4-3 at 197.

Hokies coach Tony Robie only took a few regulars to the Keystone Open in Philadelphia and, led by championship efforts by #1-ranked Caleb Henson at 149 and heavyweight Hunter Catka, Tech placed second behind Lock Haven. Latona placed third at 141 and Sam Fisher did the same at 184.

Robie opted to use the Hokies’ roster as freshmen Dillon Campbell (125), Matt Henrich (157), Luke Robie (157) and Jack Bastarrika (133) competed as did redshirt juniors Jackson Spires (165) and Ty Finn (174). Spires placed second.

Who’s Ready For Change?

With legislation on the NCAA’s table affecting scholarship and roster limits — unlimited scholarships and a roster cap — as well as revenue sharing, some college wrestling programs likely have a serious dose of trepidation while others are confident they can deal with whatever happens.

Virginia Tech sits in the latter category.

“I have no concerns whatsoever about that,” Robie said earlier this month. “I think a lot of it probably will happen. It’s hard to say whether it’s good or bad for the sport; that’s not really for me to say. What I will say is you have to adjust with what the rules are and what the landscape of college athletics looks like, and that’s what we intend on doing.

“Is it good for the overall health of the sport of wrestling? The kid that’s the 35th kid on your roster? Probably not. But I think definitely there were probably some things that needed to change; the pendulum was starting to swing significantly the other way. At some point, it’ll probably start to go back to the middle.”

Robie said all anyone can do is wait for the final decisions.

“We have some contingency plans based on what we think is going to happen and we’ll move forward with our plan and try to execute it,” he said.

A Pretty Good Gig

Robie, in his eighth year as head coach, has been at Tech since 2006 and as each season passes, the commitment and enthusiasm remain the same.

“Well, you get to do what you like to do. And it’s a pretty cool thing to be able to coach wrestling for a living and be a part of a pretty good program, and work with some great people and try to affect the lives of the kids in your program,” he said.

“I think anybody would want to do that. For me, I’m not young anymore. I turned 50 … who knows how long I’m going to do it, but I’m going to give it the best I can while I’m doing it and hopefully continue to improve as a program and try to try to help these guys as much as possible. But it’s good, Virginia Tech’s a great place to work, it’s a great place to live. I’ve got a great staff and it makes my life pretty easy.”

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Virginia

VIDEO: UVA Football Players Preview the Virginia Tech Game

Published

23 hours ago

November 27, 2024

Press Room

VIDEO: UVA Football Players Preview the Virginia Tech Game

With the game of year looming this weekend, members of the Virginia football team were made available to to the media after practice on Tuesday morning to talk about the regular season finale against Virginia Tech in the Commonwealth Clash on Saturday night in Blacksburg. Watch the video below to hear what UVA senior safety Jonas Sanker, graduate tight ends Tyler Neville and Sackett Wood Jr., and graduate defensive tackle Jahmeer Carter had to say ahead of the Virginia Tech game:

Sanker is the team’s leader in tackles with 89 total tackles and also leads the ACC in solo stops with 60 unassisted tackles. He has racked up 8.5 tackles for loss, two sacks, four pass breakups, two fumble recoveries, and an interception as part of a strong senior campaign that should earn Sanker some serious consideration for a First-Team All-ACC selection.

A transfer from Harvard, Tyler Neville is Virginia’s second-leading receiver with 35 catches for 387 yards and two touchdowns. Sackett Wood Jr., meanwhile, has recorded three receptions for 18 yards and a touchdown this season. Between the two of them, Neville and Wood have combined to appear in 83 college football games and make 48 starts.

Saturday will be the 55th game in the five-year career of Jahmeer Carter, who has started nearly every game for the last four seasons at Virginia. This season, Carter has 30 total tackles, including nine solo stops, two tackles for loss, one sack, and a pass defender. For his career, Carter is up to 131 total tackles, 2.5 sacks, and 7.5 tackles for loss.

Saturday night will be the first time Virginia plays at Lane Stadium in front of fans since the 2018 season, as the 2020 edition of the Commonwealth Clash was played in front of only 250 fans due to COVID-19 restrictions and then the 2022 Virginia vs. Virginia Tech game was canceled due to the shooting tragedy at UVA.

Virginia is seeking its first road victory at Virginia Tech since 1998, as the Hokies have won the last 11 Commonwealth Clash games played at Lane Stadium. Virginia Tech has won 17 of the last 18 overall games against Virginia and leads UVA 61-38-5 in the all-time series that dates back to 1895.

Both Virginia and Virginia Tech bring a 5-6 overall record into the regular season finale and both need to win the game in order to reach the six-win threshold required for bowl eligibility. There is only one other game this weekend between FBS teams who are battling for bowl eligibility (Eastern Michigan vs. Western Michigan). Virginia and Virginia Tech played each other for bowl eligibility at the end of the 2014 season.

UVA Football: Players to Watch in Virginia vs. Virginia Tech

UVA Football Week 14 Injury Report: Kobe Pace, Kempton Shine, Trell Harris

Virginia Football Depth Chart vs. Virginia Tech | Takeaways, Analysis

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UVA Football Report Card: Handing Out Grades for Virginia vs. SMU

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