State Rep Frustrated By School Bd’s Reaction

To Special Ed Concerns

By John Voket

Saying that she and fellow State Representative Chris Lyddy are “on the same team,” as Newtown educators and school board members, Representative DebraLee Hovey nonetheless expressed frustration and dismay after learning that Board of Education Chairman William Hart solicited a legal opinion that advised his board against meeting about or publicly discussing allegations of wrongdoing made to the lawmakers by parents of special education students.

Reps Lyddy and Hovey have called on the state Department of Education to investigate the Newtown school district after a rash of complaints from dozens of parents of local special education students alleging concerns ranging from being subject to alienating behavior by administrators to improper manipulation of paperwork tied to planning and placement team (PPT) directives.

The latest development involved a request by school board Vice Chair Debbie Leidlein through Mr Hart to call a special meeting so all the school board members could hear directly from the lawmakers about the reasons why they requested state intervention to review district special education practices. Instead of calling the meeting, Mr Hart sought and received a directive from attorney Floyd Dugas, who represents the district through the Milford-based law firm of Berchem, Moses & Devlin, PC.

That legal opinion from Mr Dugas states, “I would recommend against a meeting of the board at this time to investigate and/or respond to the recent Hovey/Lyddy complaints. I have a number of concerns. First, in speaking to Ron Harris of the [Department of Education] Legal Affairs Division, I do not believe [the Department of Education] will find that the complaint alleges a violation of any laws, therefore, [the Department of Education] may not be investigating these claims.”

Mr Dugas goes on to say that district officials should “wait and see” what results from a meeting between the lawmakers and the acting Commissioner of the Department of Education, Newtown resident George A. Coleman.

The attorney also cites a “well accepted rule...that boards should not be conducting investigations given the board’s potential role as an adjudicatory body regarding the same events that are involved in the investigation.”

“Any such investigation or study is typically performed under the auspices of the superintendent for this reason, as well as a function of the respective roles of the board and the superintendent,” Mr Dugas concluded. “My advice would be to wait and see how [the Department of Education] responds. Assuming [the department] does not pursue the matter, and there is still a sense that there needs to be some validation that the district is not acting contrary to relevant laws, the superintendent can consider an ‘audit’ or similar study of the special ed function to assure the board and the public that the district is complying with all pertinent laws.”

Mr Hart then responded to Ms Leidlein and the rest of his board stating there would be no meeting convened on the matter. The e-mail correspondence was provided to The Bee by Ms Leidlein, after a Freedom of Information request.

“I have asked the superintendent to prepare for the board several alternatives for conducting an independent evaluation of our special education programs in the event that the State Department of Education chooses not to pursue an investigation,” Mr Hart said in his e-mail to school board members. “I am looking forward to taking a critical look at our special education program, learning about what we are doing well, and seeing what areas should be improved.”

Ms Leidlein initially indicated that she was simply interested in hearing about the lawmakers’ concerns directly, which prompted her request to convene a special meeting at the earliest possible time.

Upon learning of the legal opinion, Ms Leidlein clarified to Mr Hart that the attorney’s directive had nothing to do with her intent requesting the meeting.

“The intent of the special meeting I requested with regard to the Hovey/Lyddy complaints [was] for information only,” Ms Leidlein said in her reply to her chairman. “According to Floyd [Dugas’s] opinion, we should not meet to investigate or respond. I wish to do neither. Due to the fact that no information was shared with the entire board regarding these meetings, I feel it is important that we now understand what was discussed, what has been done and the steps moving forward.”

Ms Leidlein was referring to a meeting held in March between Rep Hovey, School Superintendent Janet Robinson and First Selectman Pat Llodra, at which the complaints from special ed parents were initially aired.

Bad Advice

On June 1, Rep Hovey told The Bee that she was “concerned the school board is getting bad advice from their attorney.”

“I have no intent to have the state tarnish the Newtown School District’s reputation,” Rep Hovey said. But she said that if some of the more serious allegations from parents prove to be true, “this could result in money being withheld from the district, which means all Newtown taxpayers will have to bear the financial burden.”

Rep Hovey also said she was incensed that parent concerns detailed during her original meeting with Dr Robinson, along with any follow-up made by the superintendent after that meeting, has to date been kept out of the public arena and has not been reported to the school board.

“The idea that the superintendent isn’t required to report to the school board, and the board doesn’t feel compelled to talk to their state reps who are bringing forward concerns leaves me speechless,” Rep Hovey said. “I’m astounded that instead of bringing all concerned parties around the table, the chairman instead chose to seek a legal opinion about whether they should be communicating openly and candidly about the issues.”

Rep Hovey said that if every complaint is determined to result from miscommunication or unfounded perceptions on the part of nearly 50 parents who came forward to speak with her or Rep Lyddy, she “would celebrate that.”

“But make no mistake, we will get to the bottom of this,” Rep Hovey added.

The two lawmakers plan to meet with Dr Coleman next week to determine whether the Department of Education will intervene with an investigation or audit of district special education practices.

On May 25, Dr Robinson issued a press release referring to the complaint, and praising Newtown’s special education professionals. At the same time, Dr Robinson said the special education department is “always striving to do our work better.”

In that release, Dr Robinson expressed a willingness to undergo a “fair and thorough evaluation” and to “take advantage of any opportunity to receive appropriate feedback,” presumably from state officials if such an audit is to occur.

Mr Hart told The Bee that he and the rest of his board are “committed to ensuring that the district provides a free and appropriate public education to all the students in Newtown.”

“I know that the district has a dedicated and competent staff that tries to do the best possible job,” Mr Hart said. “I look forward to seeing the results of a full review of the district’s special education programs.”