Jan. 27—The Lewiston School District has begun implementing corrective actions in its special education program after an investigation by the state found the district was out of compliance with federal law.

According to documents from the Idaho State Department of Education, received by the Tribune in a public records request, complaints were filed with the department on Nov. 4, Nov. 18, Dec. 9 and Dec. 10. The complaints alleged issues such as repeated goals on a student's Individual Education Program, a lack of services, actions being out of compliance with the education program for a student, a lack of progress reports and violations of the Individuals with Disabilities Education Act. The act is a federal law that ensures students with disabilities are provided with "free appropriate public education," which means it's provided at the public's expense, meets the state standards and conforms with the student's education program.

Superintendent Lance Hansen said the complaint made the district aware of areas it was not in compliance with and the district is working at reaching a resolution to help students with their learning.

"That would be our goal," Hansen said. "If there was something that came to our attention that wasn't working, our goal would be to remedy that."

During the review, enough evidence was found to cause a systemic investigation into the district. That probe began with the Nov. 18 complaint and concluded Jan. 17.

The final report found the district was out of compliance in providing services according to students' education program and not monitoring progress with those goals, violating the disabilities act.

The investigation reviewed complaints and supporting documents, education records, interviews with the complainant, staff and Special Education Director Peggy Flerchinger. The review showed 50% of students' progress monitoring data review did not match program goals.

Service detail reports, which outline services provided and how many times it was offered, were not completed for 55% of students.

Approximately 400 files and/or student progress monitoring notes or data were reviewed. The investigation also found inconsistent documentation and monitoring progress.

According to the documents, interviews with staff showed they were overwhelmed with high caseloads and job stress. Vacant positions meant those working in the district had to cover other schools and students. The documents show that 665 students were on an education program in the district. About 63% of those students are in primary schools and 37% in secondary, according to Hansen.

He said special education staffing has been a struggle, especially in specialized areas like speech therapists and school psychologists. There are 401 students on an education program receiving speech/language services, according to the documents.

"It's never an intention on our end to not deliver services to a student," Hansen said, adding that if services can't be provided, the district would find a workaround. In the case of the special education program, some of the resources are contracted out. Hansen said the district has 10 staff members contracted through different agencies. There are also 31 special education teachers and at least 90 support staff in the district, he said.

Hansen said it's hard to determine how many students a therapist works with because the number can vary based on the student and the service that's being provided. Caseloads for someone keeping track of a student's education program, for example, can range from 10 to 24 students and those students can have a variety of needs as there are 11 qualifying standards for students.

The district continues to search for therapists and special education instructors at colleges, job fairs and hospitals, and is advertising open positions online and in newspapers, Hansen said.

Some of the positions have been vacant for more than a year and the district has had a hard time filling those roles because of the high demand for professionals in special education. Hansen said other superintendents in the region and state are having similar issues.

He also said the district is competing with the private sector for recruiting those people. "I wish I had a magic wand or crystal ball to go find folks," Hansen said. "We're going to continue to work at it. We're not going to give up, that's not what we do."

The special education program receives federal, state and local funding, like most of the programs in the district. Federal funding can only be used for federal programs like Medicaid, which some students are qualified for. The amount of funding available also depends on the number of students receiving services, but Hansen said it doesn't match the amount needed.

"I haven't seen an increase to cover all services," he said.

The final report includes steps to resolve the complaints. The district must arrange professional development training with the Idaho Special Education Support and Technical Assistance before March 15 in areas such as implementation of education programs, progress monitoring and documentation. The training could be virtual because of COVID-19 or during afterschool hours, which would be compensated, because of staffing shortages. By Feb. 28, the district will also send a letter to parents of students who are on an education program in which inconsistent progress monitoring has been found.

According to the report, on Jan. 21, 2023, the district will provide a letter of assurance to the state department dispute resolution coordinator stating procedures outlined by the final report have been completed. Once the district has completed the corrective actions identified in the report, the complaint will be formally closed.

"I welcome any opportunity to get services to our students," Hansen said, adding more training can help recalibrate the system to make sure it's consistent in providing students services and allow teachers to learn new methods to help students.

The investigation into the two December complaints is still ongoing, but Hansen is hopeful that those issues will also be resolved with the actions they have taken. The Nov. 4 complaint was also resolved with a similar corrective action plan that included additional training and guidelines for staff.

"The district's goal is to provide services for students, all students, so they can be learners," Hansen said. "Not only for now, but for lifelong — that's the goal."

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.