EXECUTIVE SUMMARY

1. EXECUTIVE SUMMARY Findings & Recommendations Procedures & Practices for Administration/Operations Instruction, Services & Support for Students with Disabilities Darien Public Schools 2012-13 School Year Sue Gamm, Esq. November 4, 2013

2. ACKNOWLEDGEMENTS (Page 7) • Board of Education& its president • Parents & representatives from SEPAC & SPEDucated Parents, and their attorney • Secretaries (superintendent & special ed) • Darien staff members • BOE Counsel • Survey respondents • Director of special education

3. 5 AREAS OF FINDINGS • Unlawful systemic procedures/practices • Unlawful meaningful parent participation • Unlawful predetermination • IEP changes outside PPT meeting or amendment • Improper data reporting

4. BACKGROUND (Page 2) • Fiscal environment stemming from recession • “Unsustainable” escalation of special ed costs • Increasingly negative perceptions of prior special ed administration & parent advocacy • Change in sped leadership & direction for change • Current contentious environment

5. REFLECTIONS (Page 5) What happened? • Message • Intention of message • Perception of message & extensiveness of service delivery • Support of administrative Darien leadership What could have happened? • Paradigm shift within context of IDEA/state requirements • Notice of concerns & follow up

6. What is being/could be done in the future? • Hiring of: • John Verre, Special Education Ombudsman • Dr. Theresa DeFrancis - training • Attorney Mary Gelfman – informal review of complaints • Facilitated PPT Meetings • 10 recommendations • Use lessons learned to transform Darien’s school system into the nation’s best for each and every one of its students

7. METHODOLOGY(p. 8) • 2 Open Parent Meetings • Focus Groups: 53 persons • Small Group Interviews: 23 persons • Individual Interviews: 54 persons All BOE members; superintendent; assistant superintendent for elementary schools; former and current finance directors; special education administrators; psychologists, speech/language pathologists, special educators, principals, assistant principals, BOE counsel, former contractual coordinator of occupational therapy, several Board of Finance member, former DPS employees, parent advocates, and representatives of CSDE and of the CT Parent Advocacy Center Spoke to 215 Persons

8. Documents, Emails, Surveys & Data • More than 65 documents (Appendix A) • Emails produced through structured searches (about 1,200 pages) • Emails from parents/others (about 30) • Staff Survey: 203 respondents • Parent Survey: 321 respondents • Student data demographics • Direct IEP data

9. Abbreviated Chronology of Major Events (P. 14)

13. Appendix C – Page 79 Table has list of 62 areas by each of the 15 documents reviewed by CSDE • 32 areas: CSDE found noncompliance • 8 areas: CSDE made recommendations • 26 areas: I found various degrees of concern

14. Executive Summary Organization • Chronology of Major Events • Overall Findings • Recommendations Full report provides more detailed information, including case studies • Legal Basis for Findings (Page 20) • Graphic & Table of Findings & Relevant Areas under Each (Page 24)

15. IEP Changes Outside PPT or Amendment Improper Data Reporting Unlawful Systemic Procedures/ Practices Unlawful Meaningful Parent Participation Unlawful Predeterminations

16. 1. Unlawful Systemic Procedures & Practices • SRBI: inadequate procedures/ practices to support appropriate IDEA/504 referral • No Section 504 standard operating procedures • In absence of a special education operating procedural manual with legal review, overly restrictive criteria or incorrect procedures & practices: • Specially designed instruction inaccurately defined • Present levels of academic achievement & functional performance (aka PLEPs) • Academic versus nonacademic & social/ emotional goals • Other health impaired – attention deficit hyperactivity disorder (OHI-ADHD) • Developmental delay (DD) • Adaptive physical education (APE) • Extended school year (ESY) • Independent educational evaluations (IEEs) • Individualized services • Speech/language services • Discipline: inadequate training of procedural safeguards

17. 2. Unlawful Meaningful Parent Participation • United front: limitation of open & meaningful discussion • Little if any focus on consensus building • Quiet PPT meetings • DPS staff training insufficient focus on encouraging consensus • Parent training absent • Parent/staff perceptions differ significantly • Discussion overly restricted • “What to say when” & “More-is-better” decision-making • Immediate stop gap measures • Pre-recommendation discussions • Attendance at PPT meetings • Prior notice of attorneys & outside evaluations • Number of PPT meetings • Late IEPs given to parents subsequent to PPT meetings • Communication with parents (e.g., logs, team meetings) reduced or stopped • Therapeutic learning center (TLC) inadequate communication • Parent access to records & release of information inadequate

18. 3. Unlawful Predeterminations • “As needed” support for personnel • Assistive technology consultation • Occupational therapy consultation • Paraprofessional support for personnel • Change in Roles • Assistive technology coordinator • Autism inclusion specialist role change • Feeding/swallowing team end • Speech/language coordinator role change • Individual Services • Outside consultant contracts eliminated

19. 4. IEP Changes Outside PPT/Amendment Constructive Changes • Alignment of PPT meeting discussion & IEP • Change by service design • CSDE Findings Actual Changes • SEDAC upload & state audit • Notice to parents • Types of changes made to finalized IEP • Sufficiency of edit checks on IEP system • IEP system audit

20. 5. Improper Data Reporting to CSDE &/or USDE • SEDAC reporting • Documentation of excess costs

21. RECOMMENDATIONS (Page 70) 1. Complete SRBI Standard Operating Procedure Manual (SOPM) 2. Complete Section 504 SOPM. • Complete Special Education SOPM. • Standards, guidance, best-practices for 14 specific content areas & 8 process areas (e.g., editing draft IEP at PPT meeting) • Areas identified for immediate attention (w/in month) • Suggested process for collaborative development • Web-based application • Staff/parent training • Legal Review • Accountability mechanism

22. Establish guidance for improved facilitation of PPT meetings & IEP development. • Chairperson & district representative roles • Use of draft IEPs • Notes & draft document 5. For 2014-15 school year, establish plan for timely/ appropriate scheduling &notice to parents re: special ed & related services personnel, including paraprofessionals. 6. Have conversation re: how all schools can use universal design for learning (UDL) principles & enhance student supports to become highly effective inclusive schools. • Collaborative discussions • Observations & learning • Enhance in-school options to meet needs of more students

23. Identify students potentially impacted by various directives • Identify students with services/supports related to one or more of the areas cited as noncompliant • Identify students with IEPs reflecting an “as needed” support for personnel Assess need for personnel with types of roles changed at beginning of 2012-13 school year for continuing or different need • Review/ensure FOIA/FERPA procedures are effective &fully implemented in a timely manner. • Include progress monitoring records • Review search functions • Address maintenance/destruction of records

24. Enhance use of electronic data support: • Maximize edit checks to extent possible & match SEDAC update edits • Enhance data reports to manage services & assess outcomes • Use electronic process for tracking student services & use product to support billing for excess services • Review/ensure effective policy/procedure is in place for investigating complaints alleging noncompliance with Section 504 or IDEA. Consider expanding to complaints about SRBI implementation.

25. We can, whenever we choose, teach all children. Richard Riley Former U.S. Secretary of Education