August 31st was the first day of school for children across Upper Dublin School District, but some families found the milestone more difficult than others. Colleen and Chris Williams of Ambler dropped their children off at different schools after a 6-2 decision by the Upper Dublin School Board last Tuesday, which denied their request to place their children in the same elementary school.
The Williams family presented their case at a Board of School Directors Legislative Meeting on August 25. The district had placed their son, who is severely autistic, into Fort Washington Elementary School for its special needs program. Their daughter, who is 10 months younger and neurotypical, goes to Maple Glen Elementary. Under Upper Dublin’s Assignment to Schools Within District Policy, the district has the right to assign children of the same family to different schools, regardless of residence. The Williams family asked for an exception to this policy so both their children could attend Fort Washington Elementary.
During the public meeting, Colleen Williams described her six-year-old son as nonverbal and “developmentally delayed.” She said that he experiences severe meltdowns, which can lead to him hurting himself. But when her children are together, these episodes and their severity are reduced. “Sometimes all it takes is his sister’s presence to calm him,” she offered.
The parents did not request for their children to be in the same classroom, just that they be in the same building. Though they appreciated the resources their son would have access to at Fort Washington, the Williams family said that any special needs services would be ineffective if their son was not in the right headspace to receive them. Without a familiar presence in a new environment, he could spend the whole day stressed or in a series of meltdowns, which could impede his ability to learn and retain information.
The separation of their children also presents a logistical issue for the Williams family. They described not being able to attend their daughter’s Maple Glen orientation because Fort Washington’s was at the same date and time. Chris Williams expressed concerns about choosing between future milestones, like back-to-school-nights and graduations, as school schedules may clash.
Board member Joseph Burdo moved to approve the exception, citing the human element of the case as too strong to ignore. However, Vice President Mark Sirota raised concerns that approval could overextend the board’s authority, given that the school board typically makes decisions for the district as a whole and not on a case-by-case basis.
There was also debate about the language of the Assignment to Schools Within District Policy, which some members pointed out could handicap their decision making. Section 4.2.2 of the policy states that the board “shall not overturn an assignment unless it finds that the decision was exercised in an arbitrary or capricious manner.” For an assignment to be arbitrary or capricious, it must be made without a rational basis. Since the board found that the assignment of the Williams’ son to Fort Washington was neither arbitrary nor capricious, they felt that granting exception would violate the policy. To read the full policy, click here: Active Policies – 1580 Fort Washington Avenue | Maple Glen, PA 19002 | 215.643.8800 BoardDocs® Pro
The Upper Dublin School Board has the power to grant exceptions regardless of policy language, according to District Solicitor Ed Diasio. However, the board thought that doing so in this case would set a dangerous pattern for future governing. “As much as I feel for the situation and the family … it’s very uncomfortable to make a single exception with the possibility that that sets a precedent for future exceptions, and the policy ends up being meaningless,” said Vice President Sirota.
Jenna Evans, head of the board’s Policy Committee, suggested changing the policy’s language to allow for more flexibility, which many members agreed with. If the policy were to be amended, the Williams family could re-appeal their request, and the board may be able to approve them. However, the amendment process is lengthy and would not take effect until after the Williams children begin attending separate schools.
After some discussion, the board held a vote. For an exception to be granted, a simple majority of the board must vote in favor of the applicant. Of the eight members gathered, only two (Josua Burdo and Alima Redding) voted yes. Board members Wendy Bailey, Jenna Evans, John Held, Kenya Lowe, Vice President Mark Sirota and President Jeffrey Wallack voted against it, denying the Williams’ request.
The school board later offered opportunity for public comment. Many in attendance expressed anger and dissatisfaction with the board’s vote. “When we have a clear inequity in front of our face … it shouldn’t be happening, and there’s enough smart people in this room to come together and address it,” said Samuel Evans, a North Hills educator. “That human element, that moral obligation is important, and I think we should always consider that when we look at policy.”
Other than denying the exception, the board approved a new athletic director to Upper Dublin High School (New athletic director appointed for Upper Dublin High School – Around Ambler) and created 10 new before/after school support positions at Thomas Fitzwater Elemtary School. The next Board of School Directors Legislative Meeting will be held Monday, September 28 at 7 p.m.
You can watch the meeting below (it is cued to the start of the discussion reported in this article).
Photo – Screengrab from Upper Dublin School District’s video