A state complaint filed against Alden-Conger Public School District returned with the finding the school violated state statute and federal regulations.

Amy and Kory Newman of Alden filed the complaint in May, claiming the district had violated their student’s right to a free appropriate public education — required by the Individuals with Disabilities Education Act (IDEA) — by providing misinformation regarding their daughter’s graduation and not ensuring her individualized education plan was met.

Their daughter, Alexa Newman, was enrolled in Next STEP (Student Transition Education Programs), offered to Alden-Conger students eligible for special education services through Southeastern Minnesota Education Consortium. The consortium is responsible for special education in several other area schools, including Glenville-Emmons, Grand Meadow, Kingsland, LeRoy-Ostrander, Lyle and Southland.

According to the June 25 decision, the Minnesota Department of Education found the Alden-Conger district violated:

• Federal regulations that require a child’s IEP to be accessible to teachers and others. 34 CFR (Code of Federal Regulations) 300.323(d) says the school had to make sure teachers and service providers were informed of their role in implementing IEPs. They were also to be made aware of specific accommodations, modifications and supports necessary as laid out by the IEP.

• Federal regulations on qualifications for special education teachers. The district violated 34 CFR 300.156(c)(1) because on Nov. 12 and Dec. 11, 2018, it hired a substitute with an expired teaching license.

• A state statute that sets the requirements for short-call substitutes. Minnesota Statute 8710.0325 says short-call substitute licenses are valid for up to three years. Licenses expire on June 30.

• Federal regulations requiring schools to provide a free appropriate public education to all children living in the state between 3 and 21 years old. The Minnesota Department of Education decision said the district failed to include transition services (18 to 21) and planned to graduate the student at 18, which would make her ineligible for FAPE. This was a violation of 34 CFR 300.101(a).

• Minnesota Statute 125A.03, which compels districts to provide special instruction and services for students with special needs in line with the federal regulations.

SMEC Director of Special Education Dan Armagost said neither he nor the district was aware the substitute’s license was expired.

“She unintentionally let her license lapse and the district did not catch it in time,” Armagost said in a written statement. “This substitute was no stranger to the district or to teaching.”

Armagost said he did not feel the consortium did anything wrong. He does take ownership of the violations, he said, but said they were “minor,” “technical” and easily fixable. He said the 17-page report showed more what the district and consortium has done well than what it has done wrong.

“I feel like we provided a quality education to all students that enrolled into that program,” he said.

He said he feels the decision was “absolutely” favorable for the district, though there are elements of the decision he disagrees with but said he cannot speak to. Commenting on the specifics of the complaint or decision would release private student data, he said.

Both Kory and Amy Newman said they were relieved with the result. However, Amy Newman also said she is frustrated with the district and SMEC for minimizing the situation.

“They were found in the wrong,” Amy Newman said. “Our facts proved that they were wrong, and why they can’t admit to that is, I guess, frustrating to us.”

But while she was thankful for the result, Amy Newman said the process was long, time-consuming and painful. While some have been supportive, she said others have accused her family of throwing the district under the bus.

“If we wanted to throw Alden-Conger under the bus, we would have sued them for damages for what we’ve gone through with Alexa,” she said.

Amy Newman said their intention was to make sure students are receiving the education they need.

According to the decision, the finding means the Minnesota Department of Education requires the district to:

• Work with a Department of Education corrective action specialist to establish training needs. These needs include making sure educators — particularly substitute teachers — have access to IEPs, learn their specific responsibilities set forth by those IEPs and are able to provide FAPE for special education students when teachers are gone.

• Train special education staff members about their responsibility to provide free, appropriate public education.

• Train special education staff about their responsibility to discuss each students’ needs, based on student evaluations and IEPs, for transition programming after 18.

• Training must be completed by Nov. 1. Armagost said it is scheduled for this month.

Kory Newman said he would like to see the state hold the district accountable.

“If other parents were going through what we were going through, hopefully they would have done the same thing,” Kory Newman said.