'Systemic failures' in Providence school special education lawsuit alleges

PROVIDENCE — The state affiliate of the American Civil Liberties Union is accusing, in a class action lawsuit filed Monday in federal court, Providence Public Schools and the state of failing to provide critical special education services to hundreds of preschool-aged children with disabilities.

Citing “systemic failures to comply with federal law,” the ACLU and the Rhode Island Center for Justice allege that the district, which is under the oversight of the Rhode Island Department of Education and state Education Commissioner Angélica Infante-Green, of not meeting its obligations under federal law to provide early intervention services to children between the ages of 3 and 5 who have sensory, emotional, physical, cognitive or language disabilities.

The lawsuit asks the court to order the state and school district to begin providing those services or else contract with other school districts and educational providers to do so.

“Today, children with disabilities in Providence stop getting desperately needed special education and related services on their third birthday and their parents are told to wait patiently, for months and even years when we all know that timely services are needed to maintain the progress made through early intervention,” ACLU cooperating lawyer Ellen Saideman said in a statement. “It is heartbreaking that such young children are regressing and failing to make progress when the law clearly requires timely special education services.”

State and district officials attributed the issues to special-education staffing shortages natiowide.

"The root cause of the delay in providing the requisite evaluation and special education services has not been due to any lack of supervision by RIDE or any PPSD policy or procedure, but rather the result of a crippling national shortage of qualified special education teachers and related personnel. Further, many students are coming out of the pandemic with increased needs," they said in a statement.

They outlined efforts taken by the district, including increased recruiting and incentives offered.

School officials said they'd be talking with plaintiffs' lawyer for weeks and providing detailed information concerning the status of pre-K students awaiting special education evaluations or services in Providence.

"At no time did the Plaintiffs’ attorneys suggest anything that could be done to hasten the delivery of the needed student evaluations and special education services other than what RIDE and PPSD have either done, or planned to do, despite having been asked for alternative remedies on several occasions," the officials said.

"RIDE and PPSD have pursued available services, programs, and/or staffing by contacting school districts and private programs within the local geographic area to inquire as to their ability to provide the needed services, to no avail," officials said.

RIDE and PPSD aim to resolve all the concerns by September of 2023, and said they had made every effort to provide eligible students with compensatory services while acknowledging district's obligation to all students whose evaluations and/or services had been delayed.

They had even hired a consultant to review the current special-education protocols, staffing and operations relative to early childhood special education services

"RIDE and PPSD remain committed to ensuring all students have access to high-quality learning experiences and will work collaboratively with federal, state, local and community stakeholders to remedy this unfortunate situation," the joint statement said.

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'Critical' services are not being provided

The lawsuit is being brought on behalf of Parents Leading for Educational Equity (PLEE), a nonprofit organization that advocates for families in educational matters; three preschool-age children with acute special education needs who are not receiving the services that the suit alleges that they should be receiving under federal law; and the children's parents.

The federal Individuals with Disabilities Education Act requires early intervention services for infants and toddlers with disabilities from birth to their third birthday. It dictates, too, that school districts offer a “free appropriate public education” beginning with the child's third birthday, but for many children in Providence, those services are not being provided, according to the claims.

The specific allegations of non-compliance include

• Failure to evaluate preschool children for special education services, or the district doing so only after months of delay, despite repeated requests by parents.

• A failure to timely deliver services identified in Individualized Education Programs (IEPs) to address the children’s specific educational needs.

• Terminating infants and toddlers with disabilities from early intervention services on their third birthday without transitioning them to services that are mandated to be available to them after reaching that age.

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The lawsuit argues that the state and the school district “have been well aware that Providence has not been providing mandated federal special education services at least since March 2022, but they have not taken the steps necessary to come into compliance with federal law.”

The suit alleges that school officials have explained that they do not have enough staff to comply with the law, but the lawyers argue that “Providence could provide many members of the class with effective preschool programs by placing students in private day care, Head Start and preschool programs and providing supplemental special education and related services as well as training for staff at these programs.”

Suit: District leaves children without needed interventions

The lawsuit cites the case of one 3-year-old boy diagnosed with a sensory processing disorder and suspected of having autism. He had an initial child outreach screening on Feb. 27 that identified that he should be referred for an evaluation, but the child has not yet received an evaluation and has received no other special education services.

Similarly, a 4-year-old boy with an IEP that was to be effective as of December 2022, but has not yet received any special education services. His need for immediate special education is acute, according to the suit.

Another 3-year-old has had an IEP since March 2023 but has not yet received any special education services. He received early intervention services until his third birthday, has been diagnosed with autism and has not yet acquired spoken language in English or Spanish, the language of his home, the suit says.

The lawsuit refers to WPRI television news reports in which Commissioner Infante-Green acknowledged that the district is “having trouble meeting the law," and Sandra Stuart, the chief student support service officer for the Providence Public School Department, told reporters that, at that time, at least 34 students with IEPs were not getting the services that Providence is legally obligated to provide.

The lawsuit alleges there are 200 more children and families impacted.

The state took over the Providence school district in November 2019, stripped the school board of most of its authority and placed it under Commissioner Infante-Green, who is named as a defendant in the lawsuit along with the school board.

“There is a reason that the federal special education law mandates and prioritizes a ‘seamless’ transition from infant/toddler services to pre-school services for the most vulnerable children with disabilities,” Rhode Island Center for Justice Executive Director Jennifer Wood said in a statement. “These children are depending on the public education system to provide essential services that support them in achieving critical developmental progress. Educational services delayed are educational services denied for pre-school age children who need the immediate support that this lawsuit seeks in order to achieve basic developmental stepping stones.”

This article originally appeared on The Providence Journal: Providence, RIDE named in special education lawsuit alleging systemic failure