Stories & Grievances
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Christina Delaware Superintendent Files Federal Complaint Against State Auditor For Special Ed Records
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Complaint filed on audit access
Christiana superintendent claims abuse in ongoing investigation By MICHELE BESSO, The News Journal, June 26, 2004 Christina Superintendent Joseph Wise has filed a federal complaint against the state auditor's office, citing alleged abuses in its ongoing investigation of the district's special education records. Wise said the auditor's office continues to interfere with the district's efforts to comply with federal laws dealing with the education of disabled students, according to a copy of a May 28 complaint to the U.S. Department of Education obtained by The News Journal. State Auditor R. Thomas Wagner said the investigation was prompted by an anonymous call to his office suggesting the school district overstated the number of special education students it has in order to increase the number of teachers. The district was never provided with specific information about the audit, Wise said in the complaint. Wise said he is concerned about the possibility that civil rights of certain students and families may have been or could be violated. Three or four auditors at a time have arrived unannounced at district schools this year, demanding access to hundreds of special education files to determine whether students qualify for the services, Wise said. The number of special education students in the district was not immediately available Friday. Auditors have read portions of files that contain confidential psychological and medical information, Wise said. The district has been required to place an educational specialist with each auditor to answer technical questions and ensure that confidential student records are not removed. "I continue to welcome audits, inspections, interventions or any sort of technical assistance we can get from the auditor's office related to the work we do here," Wise said. "However, I do not welcome anyone disrupting the services and rights we're responsible to children and families for." The Department of Education confirmed it received the complaint Friday, but said it does not comment on open cases. Wagner said Friday that the actions of his office are "legal and required." He said his office looks at the special education records for all districts. "This is something we do all the time, but we were given an indication that Christina had increased its numbers dramatically," he said. "Given their financial situation, that gave us cause for concern. The preliminary review we did showed very poor and incomplete documentation. There are some cases where students are not qualified because the paperwork was not properly done." Last year, the district had a $1 million deficit, which it has since eliminated. When Wise started last July, he requested the state perform an audit of certain district operations, including financial irregularities and alleged double billing for trash pickup and missing equipment. The request for the audit was prompted by news of the deficit. None of the issues involved special education or related services, Wise said. The audit found the school system lacked written hiring procedures, paid employees incorrectly and did not have a spending plan in place when the budget year began. Wagner said the latest investigation is ongoing and no final conclusions have been made. He would not elaborate. Wise said he was told that the office expects to continue investigating through the next school year. To date, the errors found by auditors have been minimal, Wise said. "It is evident that the auditors are on a fishing expedition," he said. Wise has sent Wagner a letter to set new guidelines for the auditors' admission onto school property, access to student files and school personnel. He also is seeking assistance from the federal Office of Civil Rights and has hired a lawyer to help protect the confidentiality rights of students and families. Reach Michele Besso at 838-3187 or mbesso@delawareonline.com. -------------------------------------------------------------------------------- Copyright ©2004, The News Journal. Use of this site signifies your agreement to the Terms of Service (updated 12/19/2002) |