Arkansas Department of Education Monitoring Report States DYS Failed to Educate Children at AYSC
On Friday, June 8, 2007, the Arkansas Department of Education (ADE) issued a comprehensive monitoring report on the Division of Youth Services (DYS) and the Alexander Youth Services Center (AYSC) as a result of this investigation. The scathing report found that DYS is out of compliance in the following areas:
- Child Find
- Due Process
- Protection in Evaluation Procedures
- Procedures for Evaluation of Specific Learning Disabilities
- Individualized Education Programs
- Free Appropriate Public Education
- Least Restrictive Environment
- Confidentiality of Information
- System of Personnel Development
The ADE report lists corrective actions DYS must take and corresponding evidence it must submit in a Compliance Action Plan (CAP) which ADE issued with the report. The Plan requires DYS to meet specific deadlines for the development, implementation, and submission of corrective actions and evidence to ADE. The deadlines are as follows:
- June 15, 2007: DYS must begin corrective actions in all non-compliant areas.
- August 1, 2007: DYS must complete corrective actions in all non-compliant areas except Protection in Evaluation Procedures and Individualized Education Programs (IEP).
- August 15, 2007: Evidence must be submitted to ADE in all non-compliant areas except Protection in Evaluation Procedures and Individualized Education Programs (IEP).
- September 15, 2007: DYS must complete corrective actions for Protection in Evaluation Procedures and IEPs.
- September 22, 2007: Evidence must be submitted to ADE in Protection in Evaluation Procedures and IEPs.
The monitoring report is the result of a recent complaint filed with ADE against AYSC and DYS of the Arkansas Department of Health and Human Services (ADHHS). The DRC complaint arose out of an investigation of the abuse and neglect of a 14 year old black male who is diagnosed with disruptive behavior disorder NOS, depressive disorder NOS, and bi-polar disorder. The young man's arm had been broken by staff at the AYSC and was denied proper medical treatment for weeks despite his numerous complaints regarding the injury. DRC's abuse and neglect investigation into the matter also revealed that the child's educational rights were also being violated.
To that end DRC staff attorney, Ronetha Taylor, filed a complaint with ADE alleging several violations of the Individuals with Disabilities Education Act (IDEA). The ADE found that the evidence was sufficient to confirm that the allegations alleged in the complaint were true on all counts. The allegations were as follows:
DYS and the AYSC failed to ensure procedural safeguards were implemented for the child.
They failed to evaluate the child in all areas of suspected need.
They failed to develop and implement an Individualized Education Program (IEP) and a Behavioral Intervention Plan (BIP) reasonably designed to bestow benefit to the child.
They failed to provide appropriately trained personnel to implement the child's educational program.
DRC will continue to closely follow this issue to report the exciting new developments which we anticipate. In the meantime, if you would like a copy of either of the reports issued by ADE, please contact our office.
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