PROVIDENCE – Parents trying to navigate the special education system will soon have a helping hand, a go-to program at the state Department of Education to help resolve disputes.

State lawmakers last session approved $450,000 for the creation of a so-called facilitated individualized education program at the Department of Education to provide parents with “early conflict prevention and resolution services” as they broker Individualized Education Programs, or IEPs,  and 504 plans with school districts for special-needs students.

“It will be nice to have someone for parents to go to,” said Walter Steenbergen, whose son, Charlie, is on the autism spectrum and is diagnosed with neurofibromatosis, a genetic disorder that causes tumors to form on nerve tissue. “I think we really have to take a wait and see approach with it.”

Parents have long called for a special education ombudsman

Steenbergen is among the parents who long rallied for an independent special education ombudsman to help parents of special-needs children through what can be a daunting and discouraging process. Though they didn’t get the independent watchdog they hoped for, the legislature did back the facilitator program at RIDE.

Rep. Lauren Carson, D-Newport, sponsored the ombudsman legislation to function similar to the state Office of the Child Advocate, which serves as the oversight agency to the Department of Children, Youth & Families. Carson said she intends to ensure that the IEP facilitator program serves parents and she urged them to reach out if they need guidance.

“These are resources for parents to understand the IEP process and to support them through it,” Carson said. “I will be following up with RIDE to ensure the process is working.”

Carson worked with House Speaker K.  Joseph Shekarchi, D-Warwick, to secure the funding in the RIDE budget. 

The money will be used to hire three full-time staff members within RIDE to help facilitate individualized education programs and 504 services, both of which are intended to ensure that students with disabilities have access to a free and appropriate public education. The funding includes $400,000 for staffing costs and $50,000 for professional development and training, according to House spokesman Larry Berman.

Funding for the program is expected to be included in the RIDE budget annually, he said.

Backed by education commissioner

The state Department of Education leaders are behind the initiative, spokesman Victor Morente said in an email.

“The agency supported the creation of the program because RIDE is committed to centering and being responsive to the needs of families. We heard from parents of an overwhelming desire to receive support throughout the IEP process and, most importantly, during the actual IEP meeting. The Commissioner, who is the parent of a differently abled child, fully understands the enormous stress that a parent may feel during the IEP process,” Morente said.

Commissioner Angélica Infante-Green appointed Jane Slade as the coordinator for the new IEP facilitator program. In the coming months, Morente said, two other education specialists will be hired to support facilitation statewide. 

RIDE is also developing training that will be implemented by program staff, as well as district special education officials, Morente said.

Parents to hold RIDE accountable

Steenbergen noted that Slade had served as the state transition coordinator for RIDE, whose office is part of the federal Olmstead settlement. 

In 2014, the U.S. Department of Justice determined that the state had violated the civil rights of disabled students for generations by failing to ensure that Rhode Islanders with intellectual and developmental disabilities had the opportunity to work in integrated community settings. The State of Rhode Island entered into a settlement agreement and consent decree with federal officials. 

The state has struggled to meet its obligations under the decree. U.S. District Court Chief Judge John J. McConnell Jr. in October ordered that it remain under his oversight through June 2026.

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“That raises a concern for me,” Steenbergen said.

Steenbergen said Special Education Advocacy and Reform Rhode Island, or SPEAR, will serve as a watchdog for the new program. SPEAR is among the parent organizations that for years pushed for the creation of an independent special education ombudsman.

“SPEAR wants to hold RIDE accountable,” said Kerri Cassino, a SPEAR member and parent to 13-year-old Ava, who is diagnosed with autism.

Cassino faulted many school districts for failing to have the behavioral awareness necessary to meet the needs of special-education students and referred to RIDE as an “absentee landlord” when it came to ensuring districts are in compliance with federal law.

“We are always in fight or flight. We grieve,” Cassino said. “There are not enough resources and supports.”

Cassino worries about a child being harmed physically and mentally in public schools.

When the process grows contentious

Rhode Island will join 40 other states in launching a facilitator program to help parents and school districts to reach agreements in the best interest of the student without entering formal dispute resolution, Morente said. IEP facilitation will be a free service through RIDE to support families before and after an IEP or 504 meeting.

“We’re hoping that when it starts to get contentious, that the facilitator will step in,” Steenbergen said. 

SPEAR hopes, too, that the facilitators will call out the districts when they fail to comply with federal law governing students with disabilities and serve as a voice of reason to parents when necessary.

“We’re hoping that districts will be much less likely to play chicken with parents,” Steenbergen said.

Currently, the special education dispute resolution process entails writing a written complaint, mediation and due process hearings. 

Almost 22,000 special-education students statewide

Morente said RIDE will be sharing information on the new service, which will be available to students, families and school districts, in the coming months.

According to Rhode Island Kids Count, as of June 2021, there were 21,697 students in grades K-12 receiving special education services in public schools, or 16%. That is up from 15% in June 2020. Of those, 35% had a learning disability, 19% had a health impairment, 12% had a speech/language disorder, 11% had an autism spectrum disorder, 8% had a developmental delay, 7% had an emotional disturbance, 4% had an intellectual disability, and 3% had other disabilities.

People interested in the services should contact RIDE’s special education call center at (401) 222-8999 or by email at CallCenter@ride.ri.gov .