Schools

Board of Ed Responds to Special Ed Complaint

Darien Board of Education Chairperson Elizabeth Hagerty-Ross released this statement on behalf of the board at 6:10 p.m. Friday about the recent complaint filed with the Connecticut Department of Education by 22 parents of special education students.

Last week, a group of parents filed a complaint with the Commissioner of Education requesting a hearing concerning their allegation that the Darien Public Schools are violating the requirements of the Individuals with Disabilities Education Act (IDEA), the federal statute concerning special education for children with disabilities.  On behalf of the Darien Board of Education, I wish to express concern that such allegations were made and confidence that the Superintendent and the Administration will address the complaint in the proper forum at the appropriate time.  However, any such complaint is cause for concern, and I wish to clarify the Board’s position regarding this matter. 

First, compliance with special education requirements is a core value for the Board and district staff.  The Board and the professional staff share a commitment to assuring that children with disabilities receive appropriate special education services. 

Second, the provision of special education services is highly regulated by state and federal law.  Each child in need of special education has the right to an individually-designed program of services to meet his or her unique needs.  The determination of the services to meet those unique needs requires judgment, and disagreements are possible when special education services are planned and provided.  If a parent does not agree that the services being provided are appropriate, the parent has the right to seek review of the program, first through mediation and then through a “due process” hearing before an impartial hearing officer appointed by the state Department of Education.  Hearing officers can and do order changes in programs to assure that children receive appropriate special education services.  The requirements of the law and availability of impartial review assure that all districts, including Darien, meet the needs of children with disabilities.  Significantly, while Darien has on occasion had such hearings, at the present time the Darien Public Schools are not involved in any pending due process hearings.

Third, given that special education services are provided by professional staff pursuant to a detailed federal law, the Darien Board of Education does not have a direct role to play in individual cases.  The decisions for individual students are made by professional staff, and are subject to review through the process described above.  However, in setting a budget and allocating resources, the Board provides the resources to district staff to assure that children with disabilities receive appropriate educational services.

Fourth, the Superintendent and his Administration have an ongoing public responsibility to assure that all expenditures, including those for special education, are appropriate and cost-effective.  As Dr. Falcone will be sharing in a separate communication, over at least the last five years, Darien has spent an appreciably higher percentage of the school budget on special education services than comparable (DRG A) towns.  That disparity has impelled the Superintendent and Administration to review whether appropriate special education services are being provided in the most efficient manner.  However, given the legal requirements and district commitment to providing appropriate services, any changes in delivery that are made will not compromise the right of each child with a disability to receive an appropriate program of special education and related services.

Fifth, making any change in the delivery of special education services can be challenging.  Parents understandably want only the best possible educational services for their children, and some changes may cause them concern.  However, any such concerns should be and will be worked out in planning for each individual student.  The professional staff in Darien remains committed to assuring that children in Darien continue to receive appropriate educational services, and parents have every right to insist that such appropriate services be provided.

Sixth, the pending complaint is a separate matter that will be addressed at the appropriate time in the appropriate forum.  The memorandum that was attached to the complaint is similar or identical to a memorandum that was circulated to staff, and the Administration is reviewing concerns expressed as to some statements in the memorandum.  The Administration will be responding to the parents as well as to the Commissioner of Education regarding those concerns, and in that response it will provide context and clarification to the points outlined in the memorandum.  The Board will be monitoring that response.  However, the Administration strongly objects to the mischaracterizations of district practices in the complaint, and both the Administration and the Board look forward to any such hearing so that we may set the record straight.

Finally, people with different perspectives and responsibilities disagree from time to time, and sadly such disagreements are not uncommon when it comes to the provision of special education services.  We respect the right of any parent to raise questions and concerns, and we look forward to resolving the issues raised in the complaint in a thorough and respectful manner.


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