You asked about the organization, educational decision-making, and accountability of Unified School District (USD) #2, which is operated by the Department of Children and Families (DCF).

SUMMARY

The legislature created USD #2 to serve children placed in a DCF facility for residential or day treatment services who need an education program provided in the facility because they cannot attend public school. USD #2 operates in five facilities: High Meadows, Riverview Hospital, Connecticut Juvenile Training School, Long Lane School, and the Children's Place. A superintendent who reports to the chief of DCF's Bureau of Behavioral Health, Medicine and Education oversees the district.

DCF policy requires district staff to assess each child's educational needs within 25 days of their entering a facility and evaluate them for potential special education referral within 15 days of entering. The policy also calls for the district to offer instruction appropriate to the grade level of each student in all state-required curriculum areas.

Most provisions of state education law apply to USD #2. These include teacher and administrator background check, certification, and tenure: special and bilingual education; curriculum; and school records laws, among others. The law allows the parent or guardian of a student in USD #2, like those of public school students, to complain to the State Board of Education alleging that the district has failed or is unable to implement the educational interests of the state, which include each child having equal opportunity to receive a suitable program of educational experiences. The law also requires the DCF commissioner annually to evaluate to USD #2 and submit her evaluation to the education commissioner.

DISTRICT ORGANIZATION

DCF Structure

USD #2 serves children placed in a DCF facility for residential or day treatment services who need an education program provided in the facility. By law, the commissioner is responsible for administering, coordinating, and controlling the district's operations and for its overall supervision and direction (CGS § 17b-37). The commissioner delegates this authority to a superintendent who appoints a principal to administer the program in each facility. The district is part of DCF's Bureau of Behavioral Health, Medicine and Education.

The district educates children in five facilities: High Meadows, Riverview Hospital, Connecticut Juvenile Training School (CJTS), Long Lane School, and the Children's Place. It is also responsible for (1) under limited circumstances, some children DCF places in private residential schools or the residential component of a regional education service center who attend the facility's school and (2) children who have no educational nexus (i. e. , no local school district is responsible for their education). In FY 2000-01, USD #2 served 734 students in four facilities (CJTS was not yet opened), and 312 no-nexus children.

Superintendent's Authority

The statutes require the superintendent to act according to the applicable provisions of CGS 10-157, which governs school superintendents' relationships with local boards of education. Among other things, this law requires superintendents to be properly certified, submit annual reports to the school board (presumably, in this case, DCF) on school conditions, and be evaluated annually based on criteria mutually agreed to by the superintendent and the board.

The law authorizes the superintendent to establish schools and school libraries, acquire personal property for school purposes, make rules and agreements for the schools' conduct, receive funds from any source, and employ and dismiss teachers. He must do the latter in accordance with state law governing public school teachers' employment.

EDUCATIONAL DECISION-MAKING

DCF policy calls for USD #2 staff to assess each student within 25 days of his entering the facility. The assessment consists of (1) a review of the student's educational record, (2) a norm-referenced standardized achievement test (or review of one administered within the past year), (3) a survey of the student's dominant language, and (4) classroom observations of academic and behavioral performance. (Students at Riverview Hospital also undergo a speech and language screening. ) Students are reassessed annually. The principal determines who conducts assessments and writes assessment reports and whether a particular test or assessor is called for in a specific case. All assessments must be conducted by "appropriately credentialed personnel in a manner consistent with professionally accepted practices" (DCF Policy Manual 27-3-19).

DCF policy requires USD # 2 to offer instruction appropriate to the grade level of each student in the following subject areas: language arts, math, social studies, science, the arts, health, physical education, career education, and integrated into these subject areas, consumer education. It must offer vocational education to each secondary school student. Certified teachers must provide the instruction in each of these areas (DCF Policy Manual 27-3-20).

The district must provide special education and related services to every child determined to need it. DCF's policy calls for a child study team consisting of at least one teaching and one pupil services staff member to review each incoming student within 15 days of admission and to refer anyone who needs or may need special education to a pupil placement team (PPT). If the child study team determines the student's public school has already identified him as needing special education, the PPT must be convened at the earliest appropriate date, and the USD school must follow the former school's individualized education plan IEP for the student until its own PPT establishes one. If the student has not already been identified, the USD #2 PPT must establish an initial individualized educational plan.

In both cases, the USD #2 IEP must be implemented within 45 school days after the student is first referred for special education. The policy also covers evaluations, education program components, parental involvement, and due process procedures (DCF Policy Manual 27-3-21).

ACCOUNTABILITY

All provisions of state education law, except for those relating to eligibility for noncompetitive state aid (like Education Cost Sharing or transportation grants) apply to USD #2 (CGS § 10-15d). Thus, teacher and administrator background check, certification, and tenure; special and bilingual education; curriculum; and school records laws, among others, apply to USD #2. Katherine Nicolletti, the State Department of Education's (SDE) legislative liaison, believes the district must annually attest to the department, like all other public school districts, that it complies with all applicable education laws. Josh Howroyd, DCF's legislative liaison, states that the district is subject to SDE's regular compliance review.

Parents and guardians of students in USD #2 facilities have the same rights as those of public school students' parents to file a written complaint with the State Board of Education alleging that a school board has failed or is unable to implement the educational interests of the state. The State Board can initiate an inquiry on its own. These interests include that (1) each child have equal opportunity to receive a suitable program of educational experiences and (2) that the State Board's educational mandates are implemented (CGS § 10-4b).

The law also requires the DCF commissioner annually to evaluate USD #2. She must submit her evaluation to the education commissioner who informs the State Board of Education about the district's condition and needs. But, to date, neither DCF nor SDE officials have been able to locate a copy of this evaluation.

SS: ts