State Starts Probe into Darien Special Ed

Update 12:20 p.m.:

Michael Turnier, head of the bureau of special education in the state Department of Education, has given a brief outline of what his office's investigation into Darien Public Schools' special education practices will involve.

The bureau will be asking Darien for "the district’s special education policy and procedures manual as well as all special education training materials (e.g., PowerPoint presentations, handouts, etc.) used since July 1, 2012," Turnier wrote in an email sent at 10:59 a.m. Thursday (today) to Attorney Andrew Feinstein.

Feinstein is representing a group of parents of Darien special education students who filed a complaint with the state on March 20 about the school district's practices.

Feinstein had asked Turnier for more details about how the probe would be conducted (see the screenshot of Feinstein's email attached to this article in the photos section; a copy of the text of Turnier's email, with the names of two of the parents left out, is in a PDF attached to this article).

Turnier wrote that his bureau's "staff will review district documentation to determine if all directives/guidance provided to DPS special education and related services staff complies with state and federal regulatory requirements as well as Connecticut State Department of Education (CSDE) policy.  An on-site visit to the district, as well as an analysis of complaint procedures data, will also be scheduled to take place during this period."

Staff from the bureau will also visit the district, and if they find Darien Public Schools are violating state or federal special education requirements, "corrective actions will be issued to the district as appropriate." Turnier wrote that the bureau's goal is to get the investigation done by the end of the school year, about June 30.

Update 11:45 a.m.:

Attorney Andrew Feinstein, who is representing a group of Darien parents who filed a complaint with the state about Darien Public Schools' special education practices, has sent state investigators specific information on some of the concerns the parents have.

Feinstein sent a copy of what he identified as the district's policy in evaluating students thought to have attention deficit/hyperactivity disorder (ADHD). Feinstein wrote that the policy is in violation of federal special education regulations. (Feinstein's letter and the document he sent with it are attached to this article.)

Feinstein's letter provides an example of federal special education law that the group of parents alleges the Darien school district is violating.

In one part of his letter, Feinstein writes: "The Darien eligibility requirements appear to be based solely on a single test instrument, the BASC, which is a checklist filled out by others.  The IDEA specifically requires multiple testing instruments."

Original article, 11:13 a.m:

State education officials have begun an investigation into the complaint about Darien Public Schools' special education practices filed by a group of Darien parents, but the state won't even be considering withholding of funding from the school district anytime soon.

That's according to Charlene Russell-Tucker, chief operating officer for the Connecticut Department of Education in a jargon- and acronym-filled letter  dated April 5 (last Friday) and sent to two of the group of parents who filed the complaint.

Russell-Tucker's letter (attached to this article in four parts) was sent to Darien Patch with the recipients' names blackened out. One of the parents said Andrew Feinstein, a lawyer whose practice concentrates on special education matters, was now representing the group of parents.

Feinstein sent Darien Patch a copy of his response to the letter, which he sent to the state education official whose office is conducting the investigation. (That letter is also attached to this article.)

"BSE [the Bureau of Special Education] have [sic] been directed to complete a thorough review of DPS' [Darien Public Schools'] special education policies and procedures, including policy set forth in the Building Consistency of Sped [sic] Practices District Wide document you provided with your letter, to ensure compliance with state and federal regulations as ell as CSDE [Connecticut State Department of Education] policy," Russell-Tucker wrote.

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For definitions of abstruse education terms and acronyms used in discussions of Darien Public Schools, see "Darien Education Glossary: Abstruse Terms Defined" on Darien Patch. (And feel free to suggest additions to the list.)

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The document Russell-Tucker referred to was the one left out of a Freedom of Information Act request made to Darien Public Schools. School district officials have apologized for the omission (the memorandum is included at the end of the complaint document dated March 20 and also attached to this article).

Darien Patch is still waiting for Superintendent of Schools Stephen V. Falcone to provide a copy of that memorandum, although Falcone has not disputed the accuracy of the copy of it provided to and published by Darien Patch.

"If needed, required corrective actions to revise any noncompliant policies or procedures will be issued to the DPS," Russell-Tucker wrote.

Russell-Tucker also vaguely explained the state Department of Education's process in responding to the complaint (weeks ago, Darien Patch had asked the department's spokeswoman for an explanation of this process):

"Furthermore, BSE staff will conduct a review of complaint [or did Russell-Tucker mean "compliant"?] procedures data, including an analysis to identify any patterns of noncompliance in DPS. [...] BSE staff will also be conducting an on-site visit to the district."

What "compliant procedures data" or "complaint procedures data" means was left unexplained in the letter, but it may simply refer to information about the district's practices in delivering special education.

No withdrawal of funds anytime soon

Russell-Tucker also wrote that while the department can withhold funds, that only happens "when certain conditions are met," and "the withholding of funds to a district may be used under the condition that the district has demonstrated longstanding noncompliance." Therefore, she wrote, "it is premature at this time for the CSDE to convene a hearing in regards to withholding funds to DPS."

Only after the investigation will the department determine the next steps, Russell-Tucker wrote.

Specific complaints about the education of individual children should be handled through the state's existing system for them, she wrote, and directed the parents to the state's online document explaining the process.

Feinstein's response

Feinstein, in a letter to Michael Tavernier, head of the Bureau of Special Education (which is conducting the investigation) asked for more details about how the probe will be conducted and a timetable for it.

"[T]he longer SDE [Connecticut State Department of Education] spends in conducting its investigation, the more damage will be done to many children," Feinstein wrote. "Therefore, I request the department to provide me with its plans to remedy the injuries being suffered after the investigation is complete."

Feinstein also pointed out—and said he recommended to parents—"that any parent can, at their option, void an existing IEP [a special education students Individual Education Program] and return to PPT [the Planning and Placement Team of educators who set up the IEP] for a new IEP and for compensatory education during the period the improper IEP was in effect."