COMPLAINT INVESTIGATION UPDATE

Below is a summary of the complaint filed by SPOT on November 8, 2007 as well as a summary of the corrective action plan prescribed by the NJ Department of Education. For a copy of the complete report, download the attached pdf file:

http://www.spotnj.org/files/Complaint_Corrective_Action_Plan.pdf

April 6, 2007

On November 8th, 2006 SPOT filed a Request for a Complaint Investigation with the NJ Department of Education regarding the lack of related services and in-class support being provided in Teaneck schools (Bryant, Whittier, TJ, and BF, in particular) on behalf of those members who had approached us regarding the difficulties they were encountering with their children's IEPs being met.

The State began their investigation of these issues and sent their findings to the District in the form of a "Complaint Investigation Report" on January 31, 2007. This 11-page document contains a detailed Corrective Action Plan for the problems with related services as well as for several serious compliance issues at the middle schools and High School that the state investigators uncovered while researching our original complaint. (See below for the summary of violations cited in the report.)

The Corrective Action Plan specifies what the District must do to achieve compliance, including submitting the appropriate documentation to the State beginning February 28, 2007. (See below for the summary of what the District needs to do to be in compliance as cited in the Corrective Action Plan.)

Besides the students listed on the complaint, the Corrective Action Plans also calls for the District to review the IEPs and therapy logs for all children with IEPs at the four schools listed on the complaint and to identify compensatory services owed.

On April 5, 2007 SPOT followed up with the Superintendent, John Czeterko, about the status of the Corrective Action Plan, i.e. where the District is with identifying students to receive compensatory services and providing the State with the necessary paperwork. No specific details were provided except that the District believed that there was an extended deadline with the State of April 13th.

On April 12th, SPOT met with Anthony Calandrillo, Director of Specialized Services, for an more defined update on the current status of the Corrective Action Plan. Mr. Calandrillo provided us with information on the steps taken so far to correct the various areas of noncompliance. Such steps include the hiring of additional personnel for the middle schools along with additional related services personnel. As of our meeting on April 12th, students owed compensatory services at Bryant and the elementary schools have been identified by the District and letters will be going out to those affected families by the end of this coming week. The District is still in the process of identifying those students at the middle schools and the High School in need of compensatory services. They have informed us that parents will be notified once the District has identified these students. (See below for a summary of steps the District has currently taken to address the areas of noncompliance cited in the Corrective Action Plan.)

We have consulted with the State and they reiterated that their intention was that each missing therapy session should be made up to the satisfaction of the child’s parents. Individual sessions should be made up on an hour-for-hour basis and group sessions may be negotiated to include equivalent individual session make-up time. Inadequate in-class support is to be made up via targeted tutoring or whatever the Child Study Team, including the parents, deems appropriate.

As a parent organization, SPOT is limited in its ability to notify families who may be affected by this complaint since the additional violations uncovered did not originate with us. Therefore we ask your assistance in spreading the word to those who you know may be affected by this Complaint Investigation Report. You may also direct them to our website at www.spotnj.org for additional information and to review the Complaint Investigation Report in its entirety.

We will continue to provide you with the latest developments with the Corrective Action Plan on the part of the District and will keep you posted on any additional information we receive from the State and/or the District.

Sincerely,

Diane Berger

President, SPOT

Summary of Violations Cited in the Complaint Investigation Report:

1. The one Bryant student named in the complaint did not receive 15 individual and 7 group speech/language sessions between September and December. The District was directed to check ALL IEPs of Bryant students to determine how many others did not receive speech services during that time.

2. No occupational therapy was provided to TJ students during September and October.

3. The New Jersey Administrative Code provides class size limits for students with special needs so that they can receive the individual attention they need to access the curriculum. The State found the following class size violations: one class at Bryant, 7 classes at BF, 6 classes at TJ, and 3 classes at the High School.
4. Several students at BF who require replacement science and clinical reading as per their IEPs were not provided with those services.

5. Several in-class support teachers at TJ were required to split their time between two classes during one in-class support period, thereby violating student IEPs, which specify in-class support for the full period.

6. Three aides at the High School were serving as in-class support teachers. In class support should be provided by certified teachers only.

Summary of Steps to be Taken to Achieve Compliance - Corrective Action Plan:

The Corrective Action Plan specifies what the District must do to achieve compliance. In summary, the District must do the following beginning February 28, 2007 and submit appropriate documentation to the State:

• Check IEPs of all Bryant and TJ students to determine the amount of missed related services and begin providing compensatory therapy sessions.

• For those BF students who have not received replacement science and clinical reading, the District must provide these programs and immediately review their IEPs and convene IEP meetings to determine the amount of compensatory education needed.

• For those TJ students who received ½ sessions of in-class support, the District again is required to implement the full IEP requirement, convene IEP meetings, determine compensatory education, and provide compensatory education.

• For students at the High School who were receiving in-class support from classroom aides instead of certified teachers, the District is also directed to correct the problem, convene IEP meetings, and provide compensatory education.

Summary of Steps Taken by the District (as of 4/5/07) Toward Achieving Compliance:

• Three special education teachers have been hired and are now at the middle schools. A fourth teacher has been hired and is due to begin after the break.

• The District has added additional speech therapists as well as restructured speech services at Bryant. There are now two full-time speech therapists and one part-time speech therapist at Bryant. Two additional speech therapists have been contracted -- one of whom will provide compensatory speech from the '05-'06 school year in addition to assisting with the Bryant caseload and the other (who will begin after the break) will handle evaluations only.

• The District has contracted with a new OT provider who began providing services in March. They are providing OT services to the elementary and middle schools. This provider will also provide the compensatory services owed from the lapse in service this January and February '07.

• Additional personnel (one Learning Disabilities Teacher Consultant and one social worker) have been added at Bryant to address the need there.

Steps to be Taken by the District for the '07-'08 School Year To Achieve Compliance:

• The District stated that they will be hiring three additional special education teachers for the middle schools (in addition to the recently hired teachers).

• The District also stated that they will be hiring five additional special education teachers for the High School.