On day eight of the public hearings to determine the fate of Gillingham Charter School, the defense introduced an expert witness who had something to say about the special education audit commissioned by Pottsville Area.
“I have a philosophy that’s kind of counter to this. I have a problem with an individual making a decision about harm without a fuller investigation. I have a problem with it being done on records alone,” Brenda T. Fishman, a special education consultant from Egg Harbor Township, New Jersey, said in the board room at Pottsville Area’s Howard S. Fernsler Academic Center on Tuesday afternoon.
In March, Andrew M. Kline, an independent special education consultant, reviewed the records of 18 students at Gillingham and seven students at Pottsville Area who transferred from Gillingham who have Individual Education Programs or 504 plans.
Of those, Kline said, five were offered Free Appropriate Public Education. He had “procedural and substantive concerns” with the records for nine. And he concluded 11 were denied FAPE in the Least Restrictive Environment.
Fishman, who has been working with Gillingham since September 2014, said more research should have been done to determine the conclusions regarding those 11 students.
“Generally, denial of FAPE most commonly is brought to our attention through a parent complaint. Another way that it commonly comes out is if there is a review of records that identifies it. But the redress for that usually is addressing the problem to determine what, if any, compensatory steps may be needed or whether or not there is in fact a problem that would result in harm. Any procedural issue could potentially cause harm. We have no way of knowing that from the records,” Fishman said.
“So, would it be your professional opinion then that in order to make a determination about the denial of FAPE you would need to take some action in addition to reviewing student records?” Christine Elizabeth Reilly, Mehanicsburg, an attorney for Gillingham, asked.
“Absolutely,” Fishman said.
Of those 11 students Kline identified, using the first 11 letters of the alphabet, Fishman said she believed nine of them might have received FAPE.
As far as the other two, individuals identified as “Student D” and “Student J,” Fishman believed a further investigation was needed.
“I have some concerns that there were errors that could have constituted harm. This is one I would investigate more fully,” she said regarding the case of “Student J.”
On cross-examination, Ellen C. Schurdak, Bethlehem, an attorney for Pottsville Area, found that Fishman agreed with some of Kline’s findings.
Regarding “Student I,” Schurdak said: “This student didn’t get a new IEP (Individualized Education Program) at Gillingham Charter School until a year and a half after his or her arrival at the charter school.”
“It looks that way,” Fishman said.
“The law requires that an IEP be reviewed at minimum annually. Does it not?” Schurdak asked.
“Yes it does,” Fishman said.
“So the charter school violated federal and state law in failing to have a new IEP developed for a year and a half,” Schurdak said.
“Correct,” Fishman said.
Regarding “Student K,” Schurdak said: “Did you see that the charter school disenrolled this student after the student had attended an in-patient drug and alcohol program?”
“Yes,” Fishman said.
“Does federal law require that the student be permitted to come back to the charter school after completing his or her in-patient drug and alcohol program?” Schurdak asked.
“Yes it does,” Fishman said.
“So the charter school violated federal law when it disenrolled Student K,” Schurdak said.
“Yes,” Fishman said.
“For my benefit,” asked the hearing officer, Marc S. Fisher, Allentown, “did you find anything in Mr. Kline’s recitation of the procedural history – not his opinions – or his factual recitation of the history which was inaccurate?”
“No,” Fishman said.
“Did you find as part of your review of the entire educational records that there were some things that Mr. Kline omitted which would have had a bearing on the issue of whether Free Appropriate Public Education was provided?” Fisher asked.
“No,” Fishman said.
At the start of the hearing Tuesday, Schurdak continued her cross-examination of Nicolle M. Hutchinson, Gillingham’s CEO and director of education.
“Does the charter school have a handbook on special education practices?” Schurdak asked.
“On its own? A separate one all by itself? No. We’re developing one,” Hutchinson said.
“And why are you developing one today?” Schurdak asked.
“We’ve been developing it over the past couple years,” Hutchinson said.
“Has a draft been circulated to the teachers?” Schurdak asked.
“Which teachers?” Hutchinson asked.
“Any teacher,” Schurdak asked.
“It’s been circulated with our special ed teachers, the different things that are part of it. But it hasn’t been completed yet,” Hutchinson said.
“And when is it anticipated that it will be completed?” Schurdak asked.
“The goal is to have it, all of it, done before next year,” Hutchinson said.
“And what was the reason or reasons for drafting this handbook?” Schurdak asked.
“Because our philosophy is different, we wanted to make sure that it was clear how we implement special ed in this context, all in the context of relational ed,” Hutchinson said.
The hearings will continue at 9:30 a.m. today at Howard S. Fernsler Academic Center.