State Declines to Investigate Special Ed in Newtown

After reviewing its files and speaking to 15 Newtown families who contacted the agency, the state Department of Education has declined to launch an investigation into the school district’s handling of special education cases, according to the Bureau of Special Education.

“After reviewing our data from our general supervision system and speaking with families of Newtown that contacted us, it is the decision of the BSE that there is insufficient basis to suspect systemic or widespread noncompliance with (Individuals with Disabilities Education Improvement Act) requirements,” Bureau of Special Education Chief Anne Louise Thompson said in a letter dated June 30. “In the absence of such a showing, BSE will not initiate an investigation of the (Newtown Public Schools) Special Education Department or school system as you have requested.”

Rep. DebraLee Hovey (R-112, Monroe, Newtown) said she had not been notified by staff of such a letter, noting the Fourth of July holiday weekend may be responsible for the delay. Still, she said if the bureau had indeed come to that conclusion, she vowed to continue to advocate in favor of an investigation, including appealing to the state education commissioner.

“I will move it up the food chain,” Hovey said. “I’m not willing to leave it a dead issue.”

Hovey and Rep. Chris Lyddy (D-106) in May announced they had asked the state to intervene and conduct an investigation of the district’s handling of special education cases, saying 50 or so families had reached out to the two representatives to complain about the matter.

The two also said they found Superintendent of Schools Janet Robinson and Board of Education Bill Hart to be unresponsive when the .

The two representatives then met with state regulators to detail the request, and after that meeting, they issued a plea to families of special education to contact the state Bureau of Special Education and bring forward their grievances directly to that agency.

In the letter, state regulators said that out of the 15 Newtown families who contacted the bureau, none described a situation that warranted a systemic state investigation.

“While the parents who contacted the BSE described feeling that NPS special education and administrative staff, and in some instances, school staff treated them in a hostile and disrespectful manner, none of the parents described a situation that, if verified, amounted to a violation of state or federal special education requirements, with the exception of two families who reported receiving the paperwork from (Planning and Placement Team) meetings late,” according to the letter.

Hovey said she was disappointed more families did not contact the state. For instance, one family reportedly told Hovey that the district’s PPT refused to consider or use the findings and recommendations of an independent expert. If that claim was verified, it would be considered unlawful, Hovey said.

The state representative said she did not know whether that family had been one of the 15, but she expressed frustration the number of parents had not been closer to the 50 who had complained to her and Lyddy.

“There’s nothing we can do if they are not willing to contact the state,” Hovey said of parents.

Reached on Thursday, July 7, and asked whether the state regulators had made a determination regarding possibly launching an investigation into special education, Board of Education Chairman Bill Hart said he had no updates. The next day, he contacted Newtown Patch to say he had just learned the district had indeed received the letter.

“Certainly, I am pleased that the (state Department of Education) has found that an investigation is not warranted,” he said in an e-mail. “However I recognize that the nature of the special education process – the complex legal requirements; the educational challenges; and the fact that (its) focus is our most precious asset – our children – makes it very difficult for parents and staff. It is an area where the District undoubtedly must continually try to improve.”

Hart, who has said the district must improve its handling of special education cases, including possibly bringing in an outside consultant to assess the situation, said that Robinson was preparing a plan “for an internal evaluation and improvement program” at the education board’s next meeting on Tuesday, July 12.

Hovey said she questioned whether Hart was “saying that to the press” or intending to implement changes, adding that Hart had not expressed those sentiments when the state representatives brought forward their claims in May.

“If he had communicated that to Representative Lyddy and me, that would have made us feel better,” she said.

Since that meeting in May, Hart has said he and Robinson have met with members of the special education advisory board and others, and from those meetings determined that the district and its staff .