SeeYouInCourtImageMr. Superintendent knew that his news for the Nutmeg Board of Education would cause a stir – the Nutmeg Public Schools were looking at a deficit for 2015-2016 of around $1,000,000.  While the warm weather had resulted in savings in the fuel account, special education expenditures were far in excess of the amount budgeted.  To make matters worse, the unanticipated costs came from over a dozen new special education students, rather than one or two very high-cost cases that would have triggered some state reimbursement.  Mr. Superintendent knew that he would have to “announce” the problem and related cost-cutting measures at a public Board meeting.  But he did not want to surprise the Board members.  So he sent out an email to the Board members, explaining the problem and alerting them to his plan to “announce” the projected deficit at the next Board meeting.  The Board members had a couple questions, which they asked Mr. Superintendent by return email, and to which he responded, but by and large the Board members accepted the bad news gracefully.

At the next Board meeting, Mr. Superintendent made his public announcement.  Nancy Newshound, ace reporter for the Nutmeg Bugle and astute observer of the Nutmeg Board of Education, was shocked and suspicious at how blasé the Board members were after they heard the news about the huge deficit.  At the end of the meeting, she buttonholed veteran Board member Bob Bombast to ask what just happened.  Bob played dumb and professed not to know what Nancy was talking about.  But Bob cracked when Nancy questioned why Bob and the other Board members seemed not to care about such a significant problem.

“Well,” Bob admitted, “Mr. Superintendent gave us a heads-up by email.  The Board has known about this problem since then, and everything is under control.”

Nancy’s eyes sparkled with anticipation when Bob mentioned email.  “Thanks for the information, Bob.  Under the FOIA, I want access to all of the emails of the Board members and Superintendent about budget issues this year.  Are you going just give me your emails or am I going to have to make a written FOIA request?”Continue Reading SEE YOU IN COURT – February 2016

UpsetStudentImageOn January 20, 2016, the Court of Appeals for the Second Circuit issued its decision in T.K. v. New York City Dep’t of Educ., — F.3d —, 2016 WL 229842 (2d Cir. Jan. 20, 2016), an important decision regarding the role of a planning and placement team (PPT) in addressing issues of bullying.  Specifically, the court held that a PPT’s refusal to address bullying concerns through the PPT process was a procedural violation of the Individuals with Disabilities Education Act (IDEA) because it denied parents their right to meaningfully participate in the PPT process and the development of the student’s individualized education program (IEP).  As the procedural violation impacted the parents’ right to participate, the court further held that the violation amounted to a denial of the student’s right to a free appropriate public education (FAPE).

In T.K., an elementary student had been subject to bullying behavior by other students, including other students pinching her; stomping on her toes; tripping her; laughing at her; calling her “ugly,” “stupid” and “fat;” refusing to touch a pencil she had touched, and otherwise ostracizing the student victim.  According to the court, the teachers did little to address the bullying behavior, and instead labeled the pencil with her name and “berated” the student for “making a scene” when she was tripped.  The parents attempted to raise these issues at IEP meetings, but the team told the parents it was an inappropriate topic for the team to consider in developing the IEP and, therefore, refused to discuss the bullying issues at IEP meetings.  Subsequently, the parents unilaterally placed the student in a private school and filed for due process to seek tuition reimbursement from the school district.

Although the school district prevailed at the administrative levels, the parents appealed to federal district court and that court ruled in favor of the parents.  The district court ultimately held that bullying behavior against a special education student that is not remedied could result in a denial of FAPE.  In reaching its decision, the district court developed a novel, four-part test to determine whether bullying constitutes a denial of FAPE:

  1. was the student a victim of bullying;
  2. did the school have notice of substantial bullying of the student;
  3. was the school “deliberately indifferent” to the bullying, or did it fail to take reasonable steps to prevent the bullying; and
  4. did the bullying “substantially restrict” the student’s “educational opportunities?”

T.K., 2016 WL 229842, at *2 (citing the district court decision, T.K. v. New York City Dep’t of Educ., 779 F. Supp. 2d 289, 316, 318 (E.D.N.Y. 2011)).  The school district ultimately appealed to the Second Circuit from further administrative and district court proceedings.Continue Reading Second Circuit Holds District Denied FAPE by Refusing to Discuss Bullying at IEP Meeting

littlefieldslblogAnne Littlefield has been quoted in an article on steps to consider when evaluating student misconduct. This article originally appeared in SpecialEdConnection®.

Download: Printable PDF

Investigate root of misconduct to rule out prior knowledge of disability

A kindergartner accumulates a number of suspensions for failing to follow directions, acting distracted, and talking during lessons. With intervention, he makes academic and behavioral progress.

But then, over the course of a month, he becomes insubordinate, yells at his teacher, and hides under desks, prompting the educator to evacuate the classroom.

The teacher attributes the child’s misconduct to his young age, lack of school readiness, and difficulty coping with his parents’ divorce.

The charter school’s disciplinary committee decides in December that the student should be suspended for the rest of the school year.

The child’s parents claim that the school denied their child FAPE for imposing disciplinary measures without affording him protections under the IDEA. They claim the school should have conducted an evaluation.Continue Reading Anne Littlefield Quoted in Special Ed Connection Article, “Investigate Root of Misconduct to Rule Out Prior Knowledge of Disability”

Earlier this month, trial court proceedings started in the landmark case, Connecticut Coalition on Justice in Education Funding v. Rell.  The plaintiffs, several students in various towns and a coalition of towns, filed suit in 2005, claiming that the current system of funding education in Connecticut violates the Connecticut Constitution because students in some school districts are not receiving a suitable educational opportunity.  In 2007, the trial court granted the State’s motion to strike several counts in plaintiffs’ complaint, holding that there is no constitutional right under article eighth, section 1 of the Connecticut Constitution to any particular quality of education, and finding that this issue is a non-justiciable political controversy.  In 2010, however, a plurality of the Connecticut Supreme Court reversed, paving the way for the trial that is now underway, some ten years after the case was first brought.
Continue Reading Commentary on CCJEF v. Rell: An Important New Chapter in the Saga of School Funding in Connecticut

Originally appeared in the CAS Weekly NewsBlast. Written by Attorney Thomas B. Mooney.

Dear Legal Mailbag:

legal_mailbag_transparentI need some clarification. As a new assistant principal, I am responsible for coordinating meetings with non-tenure teachers to give them the good news or the bad news about their tenure prospects. I took this really good school law course, and I understand that teachers receive tenure after they work for a district for forty consecutive school months. I also know that there are special rules about leaves and layoffs and such. In fact, I even know about “short track” tenure, when a teacher comes to us with tenure from another Connecticut school district. But the basic premise of tenure is clear — when you come to our district without tenure from your last employing school district, you need to work forty school months before you get tenure.

Yesterday, however, I had a very unpleasant conversation with one of the teachers I supervise. She is in her third year of employment in my district, and she has been having some trouble this year. I wanted to give her a friendly heads-up that if she doesn’t turn things around in the next two months, we may well be non-renewing her contract. Being new and enthusiastic, I did my homework before talking to her and, in checking her file, I saw that after working for quite a while for a school district downstate, she had taken a couple of years off and then came to us after working just a year in a neighboring school district. You can imagine my surprise, therefore, when she interrupted me to say that I should save my breath because she already had tenure. She seemed so certain that I didn’t argue with her, but rather mumbled a quick apology and left. But I am ready to meet with her again and straighten her out if I can. Are there any circumstances under which she could be right?

By: Anne H. Littlefield and Lyndon Haviland
American School Board Journal
February 2016

asbjlogo (00000002)School districts have legal and ethical obligations to promote safe and healthy environments in which students can thrive. Victims of childhood sexual abuse experience myriad adverse health and educational outcomes. School leaders must consider prevention education as a critical strategy to improve the health and well-being of students.

While many would prefer to think of childhood sexual abuse as a rare occurrence, research shows that it is experienced by an estimated 25 percent of girls and 16 percent of boys in the U.S. by the age of 18.

Districts can prevent or reduce the likelihood of sexual victimization of students both through training and through adoption of certain employment practices and policies. By adopting a robust approach that includes prevention, intervention, and support measures, schools will reduce the opportunity for sexual abuse, create a supportive environment for disclosure, promote positive outcomes for victimized children, and create a safe and healthy environment for all students.Continue Reading Safe Havens: Preventing Student Sexual Abuse Starts With You