Joliet Township High School Board took a stand Tuesday night by voting against the placement of two special education students at out-of-district facilities. However, that vote may put the district in violation of state and federal regulations under the Individuals with Disabilities Education Act.

Without any discussion or explanation, the board voted 6-1 to not place a student at Guardian Angel Community Services' Dillard Harris Educational Center and a student at Hopewell Career Academy, both in Joliet, which surprised Superintendent Paul Swanstrom. Swanstrom said he has never seen a board vote against out-of-district placements for special education students.

It also appeared the students already had been placed at the facilities, pending board approval. Special education students have an individualized education program also known as an IEP. If JTHS doesn't follow the students' plans, the district could be in violation of state and federal regulations.

"If there is a concern that an IEP is not being followed, that issue can be brought to Illinois State Board of Education through a state complaint, a request for mediation or the filing of a due process case," said Mary Fergus, spokeswoman for the state board.

Parents and students can file for due process if an individualized education program is not being met. It starts with a letter to the school district requesting a meeting, said Jennifer Bertino-Tarrant, Will County regional superintendent of schools.

"The school district will have to provide similar services that they hoped to achieve by sending to another school. If a school sends a student to another facility, it is usually because it does not have the means to adequately meet the student's needs," Bertino-Tarrant said.
Why vote no?
Last month, school board member Craig Spiers, who used to be principal at Joliet Central, questioned the amount of money that the district spends on placing special education students in other facilities. Spiers asked for a breakdown on costs and a list of where these students were placed.

Before the vote Tuesday night, Swanstrom said the administration did not have the list, but would provide the information at the June board meeting.

That may have not been the response the board wanted. School board members Jeff Pierson, Craig Spiers, Earl Petersen, Arlene Albert, Don Fisher and Thomas Streitz voted against the placements. School board President Chet June was in favor.

Joliet Township High School District spends about $3 million each year to place special education students in facilities outside the district, Swanstrom said.

At a previous meeting, board members also mentioned that Plainfield School District is bringing back special education students from out-of-district facilities to save money and asked that Swanstrom look into the issue. Swanstrom said that the district provides many in-house services to special education students, but that some services are cost-effective at other facilities.
Now what?
After Tuesday's board meeting, Swanstrom asked Spiers what he should do with the students who cannot receive the recommended services. Spiers said the administration has to re-evaluate those students.

"We know that our financial situations aren't going to get better," Albert said. "They are going to get worse, and we need to watch wherever we can, and that's a very expensive cost-factor -- not that these kids don't need very good care and education. They do. Perhaps, there is something we can do in-house which would give them the same opportunities, but at a savings to the district."

But what about the two students who need the services now?

"I'm sure we'll work it out," Albert said.

Swanstrom said Tuesday night that he wasn't sure what he was going to do for these students who were recommended for out-of-placement services as part of their IEPs. On Thursday, he was still working on it.

"Dr. Swanstrom is working with the board on this issue to ensure that is resolved in the best interest of students," said Kristine Schlismann, spokeswoman for the school district.

June said that he could request a special board meeting to discuss that matter, but this vote shows that the board doesn't rubberstamp everything the administration recommends. But Petersen said he voted against the recommendation because all the other board members were voting against it even though he didn't know why.