‘Horrific’: Idaho investigation finds school district failed students with disabilities

The Garden Valley School District failed to identify and provide services for students with disabilities in violation of federal law, an investigation from the Idaho State Department of Education found.

The investigation came in response to a complaint filed by parents Drew Branham and his spouse, David McCann, who alleged systemic problems in the district and said students with disabilities were being denied their state and federal rights.

Branham told the Idaho Statesman that the district has a long history of “horrific behavior targeting children with special needs and disabilities.” He previously filed a complaint that his daughter had been “abused” by staff members and that the district hadn’t been willing to meet her needs. That investigation found the district violated laws by restraining and secluding their daughter and not providing learning opportunities.

McCann said he and Branham decided to file a complaint of systemic problems after learning how many other children had similar experiences. They heard stories from about 20 families that shared concerns, he said.

“We chose to fight for these children and to expose the systemic issues in the hopes that GVSD will make drastic improvements to prevent this from happening again,” Branham said in an emailed statement. “We will not stop fighting and advocating for these sweet children who cannot advocate for themselves.”

The Garden Valley School District superintendent Patrick Goff did not respond Wednesday to a request for comment.

Report requires training, policies

The State Department of Education’s investigation involved interviews with district staff and reviews of documents for 47 students with disabilities. The State Department of Education investigated seven allegations and found the district out of compliance with all but one of them.

The district violated several parts of the federal Individuals with Disabilities Education Act, which governs the way states and public agencies provide services for students with disabilities and requires every student have access to a free appropriate public education, the report said.

The district failed to make sure all students with disabilities who needed special education services were evaluated and identified, and it didn’t develop students’ individualized education plans (IEP) correctly or consider the use of positive behavioral interventions, according to the report. The district also didn’t educate students in the least restrictive environment, as required under law.

The state also provided an in-depth corrective action plan, which details the steps the district needs to take to be in compliance with the federal law.

Under the plan, the district must create policies and train staff on identifying and evaluating students with disabilities, as well as provide training on developing and revising individualized education plans and monitoring students’ progress.

The district will also need to look at the progress reports for all students with IEPs and provide those who weren’t receiving the services they were entitled to with “compensatory education.” Students are entitled to receive an education under federal law until they’re 21.

The district will need to provide a letter to the State Department of Education by March of next year that ensures the issues the state identified have been fixed.

‘Horribly bad’ for Garden Valley

McCann said he wasn’t expecting such a damning report that included the strict corrective action plan.

“It’s really bad, like horribly bad for the district,” he said. “Hopefully this is going to affect good change, which is our goal.”

The process has been difficult — a financial and mental burden on them, McCann said. It’s “sickening” a parent would have to fight a school district to get an appropriate education for their child, he told the Statesman.

The family is willing move forward with any legal means necessary to ensure their daughter is provided with an appropriate education, McCann said. But the couple considers the state report a win.

“The degree to which GVSD is out of compliance is unprecedented and that comes from experts who have done this for decades,” Branham said. “It is tragic, yet now there is hope.”