Legislators, School Board Discuss Special Education Issues

By Eliza Hallabeck

As part of the Board of Education’s meeting on Tuesday, January 10, State Representatives DebraLee Hovey (R-112) and Christopher Lyddy (D-106) again joined the continuing discussion of special education in the school district.

“I’m extremely excited to be here with you, and to partner with all of you,” said Rep Lyddy, after he and Rep Hovey gave a timeline of their involvement over the last year of looking into special education services in Newtown.

As Rep Hovey explained, the state representatives became involved when parents brought forward concerns regarding their child or children’s treatment within the special education process.

Rep Lyddy also explained the state representatives were prompted to contact Superintendent Janet Robinson regarding the issue when they heard parents saying there were issues that were not being resolved.

“I think that is the most important piece here,” said Rep Lyddy. “When people aren’t being heard, or feel as though they are not being heard, where do they go? Where do they turn? And rightfully so, they turn to their elected officials.”

A majority of the concerns that were brought before the state representatives, Rep Hovey said, revolved around communication. Other issues, she said, included an understanding that students are being “masked” within the special education process, a feeling that special education meetings had a predetermined outcome, and some parents expressed a fear of having their child face adverse consequences if the parent voiced complaints.

Both state representatives expressed support for “action steps” the school board created in November regarding special education in the district, but both also said they were surprised to see one step, which addressed how the state representatives should be involved.

“That causes concern,” said Rep Hovey. “We don’t need to be told what our job is.”

Board of Education Chair Debbie Leidlein said her board “is taking seriously what you have brought forward.”

Dr Robinson said one difficulty is finding students, without names, who may be misplaced within the special education system.

Both Rep Hovey and Rep Lyddy said a lot of their job has included educating parents about the options they have if they feel their child or children deserve different educational services.

Later during the meeting Director of Pupil Services Michael Regan and Supervisor of Special Education Eric Colon-Rodriguez also updated the school board on the district’s Special Education Department.

Dr Regan said the Special Education Department oversees roughly 1,200 Planning and Placement Team (PPT) meetings during a school year, and Dr Colon-Rodriguez said a majority of those meetings involve “happy” parents.

“Personally, I’d like to see no one unhappy,” said Dr Regan, adding he hopes the department and parents involved can work together in a respectful manner if there is a disagreement.

To help educate parents, Dr Regan said he has been aiming to call all parents experiencing the process for the first time personally. Dr Colon-Rodriguez also said a full-staff meeting is planned for this Friday to discuss assessing data and how to identify learners through that data.

Educating parents, as Dr Regan said, is the most critical action on the department’s agenda.

Dr Robinson also said information posted to the school district’s website, www.newtown.k12.ct.us, is designed to help parents understand their options and more.

Burden Of Proof

At the start of the discussion, Rep Hovey also spoke about the school board’s November 15 vote to direct then-chairman William Hart to send a letter to the state Board of Education supporting shifting the burden of proof in state level special education hearings from the school districts to the claimant, typically a parent or guardian of the child in question. The board’s vote was 6-1, with then-vice chair Debbie Leidlein opposing the motion.

Rep Hovey suggested the school board look for two things when considering the topic of switching the burden of proof in Connecticut. She asked the school board to search out a cost comparison of burden of proof cases in the state as compared to other states where the burden of proof lies on the claimant, not the district. She also asked them to consider the number of cases in the district where a more restrictive form of education was given to a student when the family did not support the decision.

“I think those are two very vital questions, and I would ask you all to reflect on that as you move forward on this particular issue,” said Rep Hovey.

Rep Lyddy also said any members of the public that wish to share their opinion on the matter can forward their thoughts to him, “and I can forward it on as a member of the special education state advisory council to the bureau chief as well as to the chairs of that particular council.”

He also said the next meeting of the state advisory council is set for January 18 at 2:30 pm, and he asked interested members of the public to notify him if they plan on attending so he can notify them in advance if the meeting is rescheduled.

Following the meeting, Rep Lyddy said people can contact him by e-mail at Christopher.Lyddy@cga.ct.gov.