The Massachusetts Department of Elementary and Secondary Education determined that language used by the Wareham School District in its forms related to Individualized Education Plans was “inconsistent with Department guidance.”

The language has since been removed, and the complaint was closed.

SPEDWatch, Inc., a special education advocacy group, filed a complaint with the state Department of Elementary and Secondary Education in late January alleging that Wareham Schools used illegal language on Individualized Education Plan forms, which guarantee accommodations for students who need them.

SPEDWatch’s complaint included a redacted copy of a student’s N1 form which included the line “The Parent agrees to excuse the District from strict performance of IEP timelines which are challenging pursuant to governmental directives arising from or related COVID-19 pandemic issues.”

In a Feb. 7 letter, George K. Haile of the state’s education department wrote that the language in question was “inconsistent with Department guidance.” 

Per the state’s guidance, districts must use a “student-centered approach to timelines instead of a district-wide approach.” The state later said that districts must “continue to treat timelines as if they are in effect and make efforts to meet them” including “attempting to agree with parents on extending any deadlines.”

In the district’s response to the complaint, submitted by Director of Student Services Melissa Fay, Fay said that the language in question had been removed from all forms and documents.

“This was a request to parents to be flexible and know that the district was working to do all that we could to keep the process going,” Fay wrote. “It was not a demand, or anything that needed to be agreed to in order for our processes to be carried out with fidelity.”

Fay went on to explain that if a parent did not agree, staff worked with them to the best of their ability.

“Our intention was simply to propose that parents agree to be patient as we navigate this global pandemic,” Fay wrote, adding that Wareham has “continued to treat timelines as if they are in effect and make all possible efforts to meet them.”

Fay went on to note that the complaint was “not a parent complaint, but an advocate with an opportunity for financial gain who claims to speak on behalf of families. In fact, the District did not receive one parent complaint on this language.”

Ellen Chambers, who founded SPEDWatch and filed the complaint, said Fay’s allegation was untrue.

“Although I am an advocate, I filed the complaint in my capacity as founder of SPEDWatch,” Chambers said. “The work I do with SPEDWatch is unpaid. I don't make any money when I file complaints on behalf of SPEDWatch.”

Because the district removed the statement from its forms, the state has closed the complaint.