Providence Parents Claim School Dept. Violating Special Needs Act

Saturday, May 10, 2014

 

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The playground at Asa Messer, which is slated to house an integrated pre-K next year -- and parents are saying is not barrier-free for special needs students.

Parents in Providence are claiming that the Providence School Department is in violation of federal law following the decision to move an integrated pre-K program out of a barrier-free Vartan Gregorian Elementary in Fox Point to a non-barrier free environment -- and say they are looking to pursue legal action.

Hollybeth Runco, a Vartan Gregorian parent who has special needs children, said, "IDEA (Individuals with Disabilities Education Act) says children with special needs need to be in the least restrictive environment possible. There is legal precedence for action against arbitrary and capricious decision making."

Now, several parents have stepped forth to express their frustration that the city made the decision to shutter the integrated pre-K program at the "barrier-free" Vartan Gregorian in lieu of housing a pre-K program at Asa Messer, which parents say is not barrier-free, and provided pictures to show the difference in school and playground environments.

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"By replacing pre-k classrooms at Vartan with ELL (English Language Learner) classrooms and saying that ELL student deserve a high performing school, the Mayor and PPSD are making a clear message that our special needs children do not deserve to attend a high performing school," said parent Susan Teeden-Cielo. "Every child, regardless of race, development, abilities, disabilities and socio-economic status deserves a high performing school in their neighborhood or community."

"We don't want to compare one need against another," said parent Kira Greene. "The city needs to figure out a way to meet ALL kids needs and not pitting one against the other."

 

Right to Barrier-Free Environment Called into Question

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The barrier-free playground at Vartan Gregorian Elementary School, where integrated pre-K is due to be removed from next year.

"There's a misconception that a kid needs to be in a wheelchair to need a barrier free environment," said Runco. "That's not true. Kids with physiological issues need one as well."

Runco continued, "Why would you move a barrier free program to a non-barrier free one? You can do ELL at all types of schools. The only other barrier-free schools are Pleasant View and Carnevale."

"The way in which the School Department and Mayor have closed down the VG integrated pre-K program illustrates a blatant disregard for our City's youngest special needs students," said Green. "Neither the Mayor, Superintendent nor one School Board Member has publicly communicated the understating, or need to consider, regulations that guide the placement of special needs children. A review of the School Board minutes, as well as a reply from the Mayor's office, and Lusi's talking points illustrates this failure."

See April 16 School Board Meeting Minutes HERE

"Reading this, it's more than clear: they are saying that Vartan needs an ELL program so that ELL kids have a free choice of schools," said Runco. "It is at the heart of this problem. Special needs children pre-K do NOT have school choice in their own neighborhood, but those from another neighborhood should have placement OVER them."

Continued Requests for Meetings -- and Information

Runco said she called into question the city's outreach attempts to identify special needs students, which she said she has asked for in specific information requests.

On Thursday May 8, Runco sent the District Attorney an e-mail updating her attempt to obtain information from the School Department.

"I am the parent from the Vartan Gregorian PreK that wrote the FOIA request dated March 29th. We received the answers to that request, but many of the answers puzzled me. For example, upon further research, it appears as if I've been...fleeced. That's the best word for it," wrote Runco.

Runco noted that at the last school board meeting, information was presented that she said she had repeatedly asked for, but was not provided with ahead of time.

"I don't enjoy being manipulated or discriminated against by the PPSD--or by people they plant in the audience. If they disagree that I'm being discriminated against, they can sit down with me and discuss it," wrote Runco. "They can explain why only ELL kids deserve a choice of the best school--necessarily displacing all our special needs preK kids and preventing a special needs integrated kindergartner program. Or, they can wait for my ACLU complaint."

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A map put together by parents showing the concentration pre-K options next in one section of Providence only.

Runco cited RIDE policy pertaining to special needs that she feels is in violation as well. "When special needs are involved, these considerations must take precedence: RIDE regulations state (RIDE 300.116) that a special needs child’s placement is to be “as close as possible to the child’s home unless the IEP of the child requires some other arrangement, the child is educated in the school that he or she would attend if non-disabled.”

Furthermore, Runco said that IDEA requires states to identify, locate, and evaluate ALL children with disabilities, aged birth to 21, who are in need of early intervention or special education services. In Rhode Island, the Child Outreach Screening Program serves as the vehicle for this requirement for children ages 3, 4, and 5.

"Providence only screened 33% of three years olds, and I know that outreach programs aren't reaching all areas of the city equally," said Runco. "NOT ONE African-American child living in the Greater East Side Mount Hope Area was screened proactively with an outreach program and placed in the PreK at Vartan Gregorian in the last 3 years. There are literally hundreds of kids being screened in chosen neighborhoods."

As of now, the decision appears to be final for the removal of integrated pre-K from Vartan Gregorian -- leaving no pre-K option on the East Side/Mt. Hope sections of Providence.

"These decisions were made with no parental engagement or even a formal notice. The Mayor has yet to respond to our concerns and questions and we have not been able to get a meeting with him to discuss the multiple layers upon layers of problems that will be created by going ahead with this decision," said Teeden-Cielo.

 

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