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2009
Hartford public schools systemically and pervasively
denied students their rights under the Individuals with Disabilities
Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the
Americans with Disabilities Act of 1990 by
-
failing to provide special education and
related services for students in a way that confers meaningful
educational benefit,
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failing to provide educational services
in the least restrictive environment,
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excluding students from participation in
school programs and activities based solely on their disability,
and
- failing to comply with disciplinary requirements.
In June, 2009, after witnessing the degrading and
discriminatory conditions her clients faced as students at the Hartford
Transitional Learning Academy at Hartford Magnet Middle School (HTLA/HMMS),
Hannah Benton, an attorney with the Center for Children's Advocacy
(CCA), filed a formal class
action administrative complaint with the State Department of
Education against the Hartford School system.
HTLA/HMMS was an in-district special education program
designed for students who were eligible for special education under
the category of emotional disturbance. However, the program provided
little in terms of educational curricula, therapeutic supports,
or behavioral redirection. In addition, the physical plant of the
program inhibited students educational progress as it subjected
them to frequent distractions. The facility was completely across
the Learning Corridor campus from Hartford Magnet Middle School
(HMMS), isolating students in the HTLA/HMMS program from their non-disabled
peers for the entire school day. During the instructional time that
they did have, students were regularly allowed to play cards rather
than doing schoolwork. CCA Educational Consultant Dr. Penny Spencer
witnessed a certified teacher absent herself from the classroom
for an entire period, leaving the students under the supervision
of an uncertified teacher's aide.
Under the Individuals with Disability Education Act
(IDEA), organizations can file administrative complaints with the
State Department of Education (SDE) on behalf of a class of students.
Attorney Benton used this under-utilized procedure to seek relief
for all the students in the program, including her own clients.
During the course of the investigation by the SDE educational consultant
assigned to the Complaint, the Hartford Public Schools (HPS) decided
to discontinue the HTLA/HMMS program. HPS replaced the HTLA-HMMS
program with a new in-district special education program located
at 2550 Main St. The physical plant of the building is significantly
superior to the HTLA/HMMS building, including space for de-escalation
and therapeutic redirection. Additionally, HPS increased the number
of school social workers and mental health clinicians available
to the student population.
In September,2009, SDE issued its findings and conclusions,
agreeing with CCA's allegations that HPS had violated a number of
state and federal special education laws. SDE verified the deficiencies
that CCA had witnessed:
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the failure of the program to implement
any reading program for most of the 2008-2009 school year,
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the failure of the program to implement
an effective behavior management system, and
- the failure of the program to operate in
a structured manner.
Most of the HTLA/HMMS students did not have current
Individualized Education Programs (IEPs), and there was no documentation
to show that student progress was being reviewed or communicated
to families. The functional behavioral assessments and behavior
intervention plans were largely insufficient to appropriately redirect
student behavior.
SDE's investigation concluded that the HTLA/HMMS students
had been denied their legal rights to
-
receive an IEP that was designed to produce
educational benefit,
-
be educated in the least restrictive environment,
-
minimum school day requirements,
- an appropriate disciplinary system with
procedural protections.
SDE further concluded that the HTLAHMMS facility was
so substandard that the students were denied an appropriate education
solely based on the facility's defects.
As a result, SDE ordered HPS subject to corrective
action. This included ordering HPS to hold Planning and Placement
Team meetings for all students enrolled in the HTLA/HMMS program
as of the date of the complaint to provide compensatory education
to the students. While the discontinuation of the HTLA/HMMS program
and the order of compensatory education was a large victory for
the HTLA/HMMS students, CCA continues its monitoring role to ensure
that the new program at 2550 Main St. is appropriately serving the
students.
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