Press Release Archive

FOR IMMEDIATE RELEASE September 18, 2006 Appeals Court Backs Protection & Advocacy Agency's Access to Schools For further information contact: Nancy B. Alisberg, Managing Attorney Office of Protection and Advocacy for Persons with Disabilities (860) 297-4307 In a decision released Friday, the U.S. Second Circuit Court of Appeals upheld a permanent injunction directing the Hartford Public Schools to allow the Connecticut Office of Protection and Advocacy for Persons with Disabilities (OPA) access to students and parental contact information at the Hartford Transitional Learning Academy (HTLA). The Hartford Public Schools operate HTLA as a "therapeutic educational program" for students who are identified as seriously emotionally disturbed and who present challenging behavior. Conflict over OPA's access to HTLA developed in February, 2004, when the agency launched an investigation into reports from parents and others concerning incidents of improper use of restraint and seclusion and related student injuries. Citing confidentiality requirements in federal education law and questioning whether the scope of OPA's statutory authority included non-residential special education schools, the Hartford Public Schools blocked the agency's access to the facility while students were present. The school system also refused to provide information necessary to contact parents and guardians so that OPA could obtain permission to review student records. In August, 2004, OPA filed an action in U.S. District Court seeking orders compelling the Hartford school system to allow its investigation to go forward. In February, 2005, District Court Judge Janet C. Hall ruled in favor of the agency, issuing an injunction directing that its investigators be allowed access both to students and to parents' contact information. The Hartford school system acquiesced to the terms of District Court's order, and OPA did complete an investigation, publishing its findings in November of 2005. However, Hartford appealed the legal basis of the District Court's order to the Second Circuit Court of Appeals. The appeal raised questions about whether OPA's federal authority to investigate abuse and neglect was intended to apply to non-residential schools such as HTLA, and whether certain provisions of the Family Educational Rights and Privacy Act (FERPA) should be read to limit OPA's access to parental contact information. A three judge panel heard oral arguments and subsequently invited two federal agencies - the Departments of Health and Human Services and Education - to submit amicus (friend of the court) briefs. Filing a joint brief, both federal agencies rejected Hartford's arguments and supported allowing protection and advocacy systems access to schools such as HTLA. "The decision is a terrific victory for special education students and their parents," said Jim McGaughey, OPA's Executive Director. "It makes very clear that our authority to investigate abuse and neglect does not stop at the school house door. This is especially important as increasing numbers of students with emotional and behavioral disabilities are being educated in locally operated schools." OPA is an independent state agency that operates pursuant to state and federal law to safeguard the civil rights of persons with disabilities. It is part of a nationwide network of protection and advocacy agencies authorized by federal law to conduct investigations, into abuse and neglect and pursue legal and administrative remedies to protect the rights of persons with disabilities. # # #

Other Resources

Contact Us: 202-408-9514 ext.122 press@ndrn.org or in your state: Choose your State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Native American Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Marianas Islands Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Press Kit: NDRN At-a-Glance [PDF] NDRN History [PDF] [HTML] Executive Profile [PDF] [HTML] P&A Programs [PDF] Guidelines for Reporting and Writing about People with Disabilities (opens another window): Reflecting input from over 100 national disability organizations, the Guidelines explain preferred terminology and offer suggestions for appropriate ways to describe people with disabilities. Although opinions may differ on some terms, the Guidelines represent the current consensus among disability organizations.