Program Overview

Due Process and Eligibility, a section of the Office of Special Education Procedural Support, establishes procedures for implementing the Individuals with Disabilities Education Act 2004 (IDEA) and Section 504 of the Rehabilitation Act of 1973, as amended, in accordance with federal and state regulations.

In collaboration with an interdisciplinary team of central office partners, this office supports compliance with Policy 2625, Physical Restraint and Seclusion. Due Process and Eligibility designs, implements, and maintains special education and Section 504 manuals pursuant to the current version of Fairfax County Public Schools (FCPS) Regulation 2670, Free Appropriate Education for Students with Disabilities, as well as procedures pursuant to the current version of FCPS Regulations 1450, Declaration of Non-Discrimination - Individuals with Disabilities, 1454 Declaration of Non-Discrimination - Students with Disabilities and 2136, Medical Examinations for Students being Screened for Special Education. Schools use the procedures and accompanying forms to ensure that FCPS provides a free appropriate public education to all eligible students with disabilities.

As part of the implementation of procedures accompanying FCPS Regulations 1450 and 1454, Due Process and Eligibility ensures compliance with several Virginia Department of Education (VDOE) State Performance Plan Indicators, including Indicators 4, 9, 10 and 11.

• Indicator 4 identifies significant discrepancies in the rate of suspensions and expulsions of students with IEPs.

• Indicator 9 identifies the disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification.

• Indicator 10 identifies the disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate identification.

• Indicator 11 requires that children with parental consent for initial evaluation were evaluated and their eligibility was determined within 65 business days.

Due Process and Eligibility also:

• Coordinates dispute resolution for any matter pertaining to the identification, evaluation, or placement of a student eligible for special education or Section 504, including administrative reviews, mediation, and due process hearings.

• Investigates and prepares responses to complaints filed with the VDOE alleging the failure of FCPS to comply with federal and state special education regulations; and to the Office for Civil Rights (OCR) with the United States Department of Education (USED) alleging discrimination, retaliation, and/or harassment on the basis of a disability.

• Works closely with staff members within the greater Procedural Support Services section, as well as Region Administration, School Counseling, the Office of Employee Relations, the Office of Special Education Instruction, the Office of Intervention and Prevention, the Office of Operations and Strategic Planning, and schools to resolve parent concerns by employing the use of less costly and less litigious means of resolution, such as informal resolution conferences, administrative reviews, and mediations.

Primary functions of the Due Process and Eligibility Section

• Division-wide training of staff in matters pertaining to the IDEA and Section 504 and consultation with school staff, central office staff, and parents regarding the implementation of these federal statutes on a continual basis.

• Providing procedural and facilitation training to staff in an effort to empower them to resolve special education issues prior to formal complaints or appeals. During the 2022-23 school year, Due Process and Eligibility staff provided synchronous and asynchronous training to more than 4,334 central office and school-based staff members on topics such as the local screening, the special education eligibility process, individualized education program (IEP) process, Section 504 processes, and prior written notice. Also, 28,296 FCPS staff members participated in the required restraint and seclusion training provided by this department.

• Managing the recruitment, training, and assignment of surrogate parents, the provision of medical evaluations for special education and Section 504 eligibility, and independent educational evaluations (IEE) as required by the IDEA.

• Coordinating FCPS’s Summer Clinic program, which ensures federally mandated special education processes are maintained when most school-based staff are not on contract. Summer Clinic staff conduct special education and Section 504 screenings, evaluations, eligibility meetings, reevaluation meetings, and IEP/Section 504 Plan meetings during the summer months. The program manager for Due Process and Eligibility works with staff from Facilities and Transportation Services to determine site locations and advertises, hires, and assigns staff to each site. Over the course of a seven-week period in the Summer 2022, summer clinic staff held 148 local screening committee meetings, 132 eligibility meetings, 11 re-evaluation meetings, 87 IEP meetings, and 14 Section 504 meetings.

As a result of the Office for Civil Rights (OCR) in the U.S. Department of Education resolution agreement with FCPS regarding the provision of special education services during the global COVID-19 Pandemic, FCPS has convened individualized education program (IEP) and Section 504 Plan meetings for current students with disabilities to determine if compensatory services are warranted. The division also offered IEP meetings and Section 504 Plan meetings to all students with disabilities who were enrolled and then graduated or left the division during the Pandemic Period (April 14, 2020 - June 16, 2022). 

Contact: Kristina Roman, [email protected]