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CCA and GHLA File Complaint with State Department
of Education on Behalf of Hartford Special Education Students at
2550 Main Street Academy
Special Education Services Required by State
and Federal Law not Provided for Hartford Students
2550 Main Street Academy is Hartford's public
school for middle and high school students with special education
needs, including behavioral health issues and learning disabilities.
Opened at the beginning of the 2009-2010 school year, the program
was created after the Center for Children's Advocacy filed a Complaint
in June, 2009 with the State Department of Education (SDE) regarding
the lack of appropriate educational and related services and the
shortcomings of the physical facility at the Hartford Transitional
Learning Academy at Hartford Magnet Middle School (HTLA-HMMS). Upon
investigation in response to the original Complaint, SDE found violations
of state and federal special education law in addition to state
disciplinary and school hour requirements.
The new program at 2550 Main Street does not
resolve many of the issues that were noted in the initial Complaint
by attorneys and educational consultants from the Center for Children's
Advocacy.
By law, special education students in Hartford
Public Schools are entitled to a free, appropriate, public education
(FAPE), provided without discrimination based on their disability.
Additionally, special education students have the same educational
guarantees as students attending regular classes, such as protections
against bullying and sexual harassment, limitations on types of
discipline and annual school hour requirements.
The Class Administrative Complaint filed on
January 29, 2010 by the Center for Children's Advocacy (CCA) and
Greater Hartford Legal Aid (GHLA) outlines a history of the district's
failure to provide appropriate services to students in Hartford's
special education programs, many of which were consolidated into
the 2550 Main St. Academy at the start of the 2009-2010 school year.
In the Complaint, CCA and GHLA contend that Hartford has systematically
denied 2550 Main St. Academy students their rights under state and
federal law by:
1. Failing to provide special education and
related services in such a way as to confer on the class meaningful
educational benefit;
2. Failing to provide educational services in
the least restrictive environment;
3. Excluding students from participation in
school programs and activities based solely on their disability;
4. Failing to comply with disciplinary requirements;
and
5. Failing to provide a safe school environment.
According to the Complaint, the approximately
70 students at 2550 Main St. Academy at times only had access to
one special education teacher, making it impossible for them to
receive individualized, differentiated instruction as required by
law. Coupled with the lack of appropriate instruction, the chaotic
school environment and lack of a consistently implemented behavior
management system prevent students from making educational progress.
"This program sets students up for failure by
not providing them with necessary educational services that are
critical to future success," said CCA Attorney Hannah Benton. "We
observed students wandering the halls and the school parking lot
during class time, a lack of instructional materials and classroom
equipment, and inconsistent and excessively punitive disciplinary
procedures. Because these issues historically persisted at the HTLA
programs and now at 2550 Main St., we have requested that the State
appoint an independent monitor to ensure that these students receive
appropriate educational programming."
In addition to complete isolation from their
non-disabled peers, HPS does not provide students at 2550 with the
same access to instructional materials, physical education, electives,
or extracurricular activities as regular education students receive.
In the Complaint, CCA and GHLA requested that
Connecticut's State Department of Education take the following actions
to protect the rights of these children and assure them an appropriate
educational environment:
1. Appoint an independent monitor with authority
to ensure that Hartford provides an appropriate education for these
students, including the authority to conduct on-site observations,
interviews of students and parents, and records review.
2. If Hartford maintains a program similar to
2550 Main St., such a program must be redesigned to provide non-discriminatory,
appropriate educational services to these children.
3. Review of the educational programs for all
children enrolled at 2550 Main St. to ensure that they are designed
to provide educational benefit as well as provision of compensatory
educational services for these children.
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