10-4b Complaint
Concerned Residents/Parents of Killingly Students c/o Attorney Andrew A. Feinstein
86 Denison Avenue
Mystic, Connecticut 06355
April 5, 2022
Dr. Charlene Russell
Tucker Commissioner of Education 450 Columbus Boulevard
Hartford, Connecticut 06103
By Email to charlene.russell-tucker@ct.gov and first-class mail
Eleven Pages
Re: Complaint pursuant to CGS 810-4b
Dear Commissioner:
The Constitution of Connecticut, article eighth, § 1, provides: “There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation.” Thus, the state constitution places the ultimate responsibility for the education of the children of Connecticut on the state. Murphy v. Board of Education, 167 Conn. 368, 372 (1974); West Hartford Education Assn., Inc. v. DeCourcy, 162 Conn. 566, 573 (1972)." New Haven v. State Board of Education, 228 Conn. 699, 703 (1994). General Statutes 8 10-220 delegates the duty to provide public education to local boards of education. Waterbury Teachers Assn. v. Furlong, 162 Conn. 390, 397 (1972). Local school boards must meet the educational interests of the State. Where a local school board fails to meet the educational interest of the state, the State Board of Education is tasked to investigate and take corrective action. C.G.S. $10-4b.
We are Killingly residents and concerned parents of children in the Killingly Public Schools (KPS) District. We bring this complaint to prompt the State Board of Educatio powers pursuant to C.G.S. 810-4b to investigate and force corrective action against the Killingly Board of Education. We assert that the Killingly Board of Education has failed to fulfill the educational interest of the State of Connecticut by failing to provide the minimum services and supports necessary to deal with the social, emotional and mental health needs of the students of High School. As you have stated on numerous occasions, meeting the social, emotional and mental health needs of students is a critical part of the educational endeavor. Simply stated, a student's social, emotional and mental health needs must be met before a student is able to learn.
The Killingly Board's failure occurred as follows. KPS Superintendent, Rol the support of KPS administrators, asked Generations Family Health Center to submit a proposal to operate a School-Based Health Center (SBHC) offering mental/behavioral health services to students who attend Killingly High School (KHS). In addition to students from the town of Killingly, there are 11 surrounding towns that can also send students to Killingly High School: Brooklyn, Putnam, Plainfield, Sterling, Canterbury, Voluntown, Eastford, Pomfret, Griswold, Thompson, and Woodstock.
As you have noted, students across our state are facing a mental health crisis. However, this crisis is even greater for KHS students. Killingly has been identified as a mental health desert. KPS was one of eleven CT towns, and the only rural town, to be recommended for a SBHC by the SBHC Expansion Workgroup, issued pursuant to Section 16 of Public Act 21-35, An Act Equalizing Comprehensive Access to Mental, Behavioral, and Physical Health Care in Response to The Pandemic.
A survey of KPS students in grades 7-12, conducted by SERAC in November 2021, revealed that Killingly students are experiencing mental health issues that directly impact their ability to learn. Of the 477 students who responded, 28.6 % felt sad or hopeless almost every day for 2 weeks or more so that it stopped them from doing regular activities; 28.2% admitted to having thoughts of hurting themselves, and 14.7% admitted to having made a suicide plan. School data revealed a 10% increase for 211 requests for mental health assistance as compared pre-pandemic, a 50% increase in last 3 years of visits to the school nurse related to anxiety, depression and PTSD, and that 60% of visits to the school nurse were for somatic complaints related to mental health. There were 500 incidents where students were emotionally unable to stay in class and needed to access immediate counseling in just the first 92 days of school in 2021-2022.
In a region where access to mental health resources are scarce, the SBHC was a tremendous opportunity to bring much needed mental/behavioral health services to our District at no cost to the town or our families. We are a low-income region with many working and single-parent families, some with limited transportation, others with no transportation at all. The SBHC would have removed the barriers to accessing the mental/behavioral health services that our students desperately need in order to learn.
Despite an extensive advocacy campaign and overwhelming community support for the SBHC, the Killingly Board of Education voted down the proposal. This has left KHS students without access to the mental/behavioral health services necessary to support their social-emotional and educational needs. KPS has had difficulty recruiting and retaining staff. The Killingly Board of Education has also taken a number of actions, highlighted by news media outlets, that have negatively impacted the recruitment of staff. KPS has had a school counselor vacancy since August 2021. KHS School Counselor Erika Ponciano spoke during public comment, informing the Board that she cannot meet the mental/behavioral health needs of all the students who need service. She informed the BOE that she does not have the same level of training as the Generations licensed therapists. Killingly Intermediate School Social Worker, Nancy Grandelski stated that she is being pulled to cover lunches and classrooms due to the staffing shortages. This impacts her ability to meet with special education students. We have had a school psychologist opening for years that remains unfilled.
One BOE member suggested hiring one school psychologist for the District and possibly make a part-time counselor position full-time using ESSER grant funding. During public comment, KPS Human Resource Assistant Kristine Cicchetti explained that proposed alternative was not a viable one for meeting the mental health needs of our students. That proposal would only create additional vacancies and our students are in crisis right now. Generations staff would be able to provide services this school year.
Several members of the KPS staff informed the Board that many students are experiencing mental/behavioral health and social issues that are interfering with their ability to learn. There has been an increase in incidents involving student violence and the destruction of school property. There was a recent incident where one student threatened another with a knife. School restrooms were vandalized to such an extent that they only have one restroom open in a large, 3 story building. KPS students have been subjected to code yellow lock-downs and backpack searches, in addition to isolation and anxiety due to COVID concerns.
The Killingly Board of Education had an opportunity to provide the students of Killingly with an equitable, diverse and quality education with adequate supports and resources. Instead, the Killingly BOE chose to ignore the students' voices and those of their parents and educators. We believe that the Killingly BOE's decision to vote no to the SBHC proposal is in direct conflict with the Educational Interests of the state as outlined in the CT State Board of Education's Five-Year Comprehensive Plan 2016-2021. The Killingly BOE is not providing the resources needed to support the whole child and their social-emotional needs, which is necessary for ensuring successful student learning.
In compliance with the regulation, we supply the following information.
(1) Information indicating that the complainant is an eligible person;
Marjorie Yater, residing at 41 Soap Street in Killingly, CT is the parent to Alyssah Yater, a 12th grade student at Killingly High School.
Misty Murdock & Thomas Murdock, residing at 53 Wright Road in Killingly, CT is the parent to Zach Murdock, an 11th grade student at Killingly High School & Alex Murdock, an eighth grade student at Killingly Intermediate School.
Heidi Driscoll, residing at 65 Quinebaug Drive in Killingly, CT.
Randie Long, residing at 95 Corrine Street in Killingly, CT is the parent to Jessica Long, a 12th grade student at Killingly High School.
Jennifer Senecal, residing at 9 Granite Court in Killingly, CT is the parent to Cameron, an 11th grade student at Killingly High School and Cal Senecal, an 8th grade student at Killingly Intermediate School.
Christine Rosati Randall & David Randall, residing at 15 Luzon Avenue in Killingly, CT are the mother & stepfather to James Rosati, a 10th grade student at Killingly High School.
Lacey Luneau, MPAS, PA-C & Andrew Luneau, residing at 43 Red Oak Drive in Killingly, CT are the parents of Avery Luneau, a 3rd grade student & Aliza Luneau, a first-grade student in Killingly Public Schools.
Kristine Cicchetti, residing at 24 Sunset Drive in Killingly, CT is the parent to daughters, Nicole Cicchetti, a 12th grade student and Kaitlin Cicchetti, a 10th grade student at Killingly High School.
David Smith, residing at 104 Reynolds Street in Killingly, CT.
Jenelle Provencher, residing at 55 Ladd's Lane in Killingly, CT
Nicole Frazier, residing at 59 Red Oak Drive in Killingly, CT is the parent to Mason Frazier, a 10th grade student at Killingly High School, Rowan Frazier, a sixth-grade student & Hayden, a fifth-grade student, both at Killingly Intermediate School.
Adam & Emily Griffiths, residing at 98 Griffiths Road in Killingly, CT.
Susan & David Griffiths, residing at 70 Griffiths Road in Killingly, CT.
Marcia & Elias Scott Farquhar, residing at 139 Griffiths Road are the parents to Laura Farquhar, a 10th grade student at Killingly High School & Elias Farquhar IV.
Christina Aldridge Drowne & Stephen Drowne, residing at 305 Ledge Road in Killingly, CT & parents of Ivy Drowne, a 4th grade student, Lily Drowne, a 3rd grade student, & Jack Drowne, a kindergarten student in Killingly Public Schools.
Ivy Ross, residing at 36 Picabo Street in Killingly, CT.
Margaret and Matthew Morrissette, residing at 151 Maple Street in Killingly, CT are the parents to Julianna Morrissette, a 12th grade student at Killingly High School.
Joseph Zornado, PhD & Lori Zornado, LCSW, residing at 32 Foster Street in Killingly, CT
Shelly O'Donnell, residing at 168 Green Hollow Road in Killingly, CT and parent to Brady O'Donnell, an 11th grade student & Madison O'Donnell, a 10th grade student at Killingly High School.
Billie-Jo Ward, residing at 63 Black Rock Avenue in Killingly, CT and parents to Lola Ward, a 12th grade student & Blake Ward, a 4th grade student at Killingly Memorial School.
Sarah McCurdy, residing at 127 Ledge Road in Killingly, CT & parent to Oliver Keating, a 6th grade student at Killingly Intermediate School & Sebastian Keating, a 4th grade student at Killingly Memorial School.
Trevor Montville & Danielle Montville, residing at 85 Peep Toad Road in Killingly, CT & parents to Evelyn Montville, a 4th grade student at Killingly Memorial School.
Jennifer Horner, residing at 5 Lafantasie Road in Killingly, CT & parent to Paige Horner, a 6th grade student at Killingly Intermediate School, Lucas Horner, a 3rd grade student at Killingly Memorial School & Hunter Reynolds, a 3rd grade student at Killingly Memorial School.
Lucille Garcia, residing at 281 Mechanic Street in Killingly, CT & parent to Jaecob Garcia, a Preschool student in Killingly Public Schools, Goodyear Early Childhood Center.
Anthony Andrade & Christina Andrade, residing at 24 Glen Rain Road in Killingly, CT & parents to Olivia Andrade, a gth grade student at Killingly High School & Abigail Andrade, a 5th grade student at Killingly Intermediate School,
Jennifer Werb, residing at 21 Gendreau Drive in Killingly CT & parent of Rigel, a 6th grade student at Killingly Intermediate School.
Robert J. Lofquist, MA Clinical Psychology, & Robin Lofquist, MBA, residing at 25 Lafantasie Road in Killingly, CT.
Janet Gillette, residing at 9 Luzon Avenue in Killingly, CT.
Eric Milot & Anna Milot, residing at 16 Laurel Drive in Killingly, CT & parents to Graham Milot, a 6th grade student at Killingly Intermediate School & Brynn, a 3rd grade student at Killingly Memorial School.
Jeannie Gardiner & Mark Rhodes, residing at 961 North Main Street in Killingly, CT & parent to Kingston Rhodes, an 8th grade student at Killingly Intermediate School & Caroline Rhodes, a preschool student in Killingly Public Schools,
Darlene Gunkel, residing at 961 North Main Street in Killingly, CT.
Matthew Brown & Melissa Brown, residing at 954 Upper Maple Street in Killingly, CT & parents to Owen Brown, an 11th grade student at Killingly High School & Bridget Brown, a 6th grade student at Killingly Intermediate School.
Elizabeth Malarkey & Christopher Malarkey, residing at 61 Kenneth Drive in Killingly, CT & parent to Adalyn Malarkey, a 5th grade student at Killingly Intermediate School & Illyana Malarkey, a 10th grade student at Killingly High School.
Karen Crowley, residing at 40 Jefferson Drive in Killingly, CT & parent to Jocelyn Crowley, an 11th grade student at Killingly High School, Drew Crowley, a 7th grade student at Killingly Intermediate School & Ty Crowley, a 6th grade student at Killingly Intermediate School.
Monique Revellese, residing at 14 Palmer Street, Apt. B in Killingly, CT.
Laura and Leo C. Dunn III, residing at 29 East Franklin Street & parents to Ella Dunn, an 8th grade student at Killingly Intermediate School & Lilah Dunn, a 9th grade student at Killingly High School.
Rene Trafaconda, residing at 513 Wauregan Road in Killingly, CT.
Heather Lechene-Duplisea & Dana Cook, residing at 10 North Shore Road in Killingly, CT.
Amy Ferland, residing at 73 Morin Avenue & parent to Zachary Ferland, a 5th grader in the Killingly Public Schools.
Jennifer Savoie, residing at 180 A Mechanic Street in Killingly, CT
(2) A description of prior good faith efforts to resolve the complaint with the board of education, which shall include information that shows that the board of education has taken final action adverse to the complaint or has refused or failed to take any final action relating to the complaint within a reasonable period of time;
The SBHC announcement was made on February 4, 2022. Please also see the Chronology of Events, below.
Members of the Killingly community reached out to the Board of Education via e-mail to have their voices heard regarding the proposed School-Based Health Center. There are no phone numbers published for the public to call the BOE members. At the March 16, 2022, BOE meeting, Board member Susan Lannon informed the other Board members that there were 84 e-mails received in favor of the SBHC and 7 were opposed. However, on February 23, 2022, Board Chairperson, Janice Joly addressed the public and stated that there was no law that required them to read our e-mails. Therefore, we do not know if all the e-mails sent were read. Many did not receive a response. A FOIA request was made by Killingly resident Andrew Luneau on March 9 that was acknowledged on March 11. He requested all incoming, outgoing, deleted e-mails and text messages from current BOE members. Another request was made with a different time period on March 17, that was acknowledged on March 18. A third FOIA request was made regarding the March 16 BOE meeting that was not recorded. No documents responsive to these FOIA requests have been received to date.
A rally and a march was held on March 9, shortly before the BOE meeting. Students, parents, staff, and other members of the community showed up in the snow to show their support for the SBHC. The news outlets were contacted to highlight the importance of this issue. NBC CT covered the story. At the March 9 Board of Education meeting, KPS staff member Lisa Higgins read a statement during public comment on behalf of the Killingly Education Association (KEA) in support of the SBHC. Also at this meeting, Putnam (neighboring town) BOE member Mike Morrill spoke during public comment and presented data and testimony about the success of the SBHC in their District. He addressed the BOE's concerns around parental consent by providing data that showed Generations had parental involvement from the first visit in all but one instance over an eight-year period. By the second visit, they had 100% parental involvement.
A second rally and march was held shortly before the March 16 Special BOE meeting to show our support for the SBHC. Members of the community again filled the meeting room, hoping to speak during public comment to have their voices heard. The BOE Chairperson ended public comment at 21 minutes so not all who signed up to speak were able to do so. NBC CT and Channel 8 covered the meeting. Final Action by the Killingly Board of Education was a 6 to 3 vote opposing the SBHC. We cannot provide supporting documents because the March 16 meeting minutes have not been posted and the video recording was “lost" according to the Board of Education. A FOIA complaint is being pursued. We do, however, have the news footage and have included that in section 5 below.
(3) The exact nature of the allegations, including, but not limited to, reference to the provision of Section 10-4a of the General Statutes.
As noted above, the constitution of Connecticut, article eighth, $ 1, provides: "There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation.” Thus, the "state constitution places the ultimate responsibility for the education of the children of Connecticut on the state. Murphy v. Board of Education, 167 Conn. 368, 372 (1974); West Hartford Education Assn., Inc. v. DeCourcy, 162 Conn. 566, 573 (1972).” New Haven v. State Board of Education, 228 Conn. 699, 703 (1994). General Statutes $ 10-220 delegates the duty to provide public education to local boards of education. Waterbury Teachers Assn. v. Furlong, 162 Conn. 390, 397 (1972). Local school boards must meet the education interests of the State. Where a local school board fails to meet the educational interest of the state, the State Board of Education is tasked to investigate and take corrective action. C.G.S. $10-4b.
We, Killingly residents and concerned parents of children in the Killingly Public Schools bring this complaint to prompt the State Board of Education to use its statutory powers pursuant to C.G.S. $10-4b to investigate and force corrective action against the Killingly Board of Education. We assert that the Killingly Board of Education has failed to fulfill the educational interest of the State of Connecticut by failing to provide the minimum services and supports necessary to deal with the social, emotional and mental health needs of the students of Killingly High School. As you have stated on numerous occasions, meeting the social, emotional and mental health needs of students is a critical part of the educational endeavor. Simply stated, a student's social and mental health needs must be met before a student is able to learn.
C.G.S. $10-220 outlines the duty of a local board of education to "implement the educational interests of the state, as defined in $ 10-4a, and provide such other educational activities as in its judgment will best serve the interests of the school district" and, specifically, to“ provide an appropriate learning environment for all its students which includes (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology ... (4) a safe school setting.” It is widely accepted that it is the obligation of a school district to provide social, emotional and mental health services because such services are critical to create an appropriate learning environment for all students and because it is critical to provide a safe school setting.
A school-based health center is certainly not the only way by which a local board of education can meet its obligations under $10-220. Hiring appropriate staff and adequate numbers could achieve the same result. It is clear, however, that the Killingly Board of Education has failed to avail itself of any alternative mechanism of meeting the social, emotional and mental health needs of all its students. There is a documented acute staff shortage, and the Board has taken no actions to address that shortage. The Board has not hired, either directly or by contract, the individuals needed to meet the mental health crisis present in Killingly High School. Of course, a school-based health center has no adverse impact on the Board of Education's budget, while hiring or contracting for needed staff would.
Instead, we face a situation in which the Killingly Board of Education has refused to address a critical education need that has been well documented. This is a situation in which a local board of education has willfully and notoriously failed to implement the educational interests of the State, as guaranteed in the State Constitution.
(4) A clear and concise description of the facts which support each allegation;
Chronology of Events Surrounding the SBHC:
A public information session and presentation was held on February 7, 2022, at Killingly High School. The public information session included a presentation on the need for a SBHC, including data and benefits. There was a panel comprised of district staff, Generations staff, and other healthcare professionals to receive public comments and answer questions. Our Board of Education Chairperson, Janice Joly, requested that a mother from outside the KPS service area, named LeeAnn Ducat, be on the informational panel, although she is not KPS staff, Generations staff nor a mental health professional. That request was denied by the KPS Superintendent. Chairwoman Joly was abusing her power as the Board of Education Chair to give a seat at the table to an opponent of the SBHC. After the presentation and during the public comment portion of this meeting, Killingly BOE member Jason Muscara stated he does not support the SBHC because schools are for learning.
On February 9, 2022, the Board of Education had on the agenda a discussion and vote on the school-based health center. Eight parents, school staff and mental health professionals spoke in favor of the SBHC during the public comment period. No one spoke against it. Each concern raised by a Board of Education member was addressed. Members of the BOE had an opportunity to request additional information, but did not. Some members said they had additional questions and wanted more information before they could make a decision. BOE member Susan Lannon then asked the other BOE members what additional information was needed or what specific questions they had about the SBHC. Nothing specific was stated or asked. BOE member Kyle Napierata made a motion to table the vote.
The SBHC discussion and/or vote was not placed on the February 23 or March 9 BOE meeting agenda. The only reference to the SBHC on the March 9 BOE meeting agenda was the Superintendent's SBHC update. That update was placed last on the agenda. The BOE Chair appeared to be visibly agitated, indicating that she wanted to end the meeting. She stated, "make this quick, we want to get out of here by 11." She was rude to other BOE members and cut them off as they were attempting to ask the Superintendent questions in regards to his updates and left him seconds to present the additional information on the SBHC for the BOE to review.
The Killingly Board of Education held a special meeting on March 16 to discuss and vote on the SBHC. The room was full of interested community members, including KPS students, parents and staff. During public comment, a member of the public referenced the SERAC student survey data showing that 14.7 % of Killingly High School students had a discrete plan to end their own lives. The BOE Vice Chair Norm Ferron said he had a problem with the public comment, indicating he felt it was an exaggeration. He said that 14.7% is not that big of a number. Chairwoman Joly asked why DCF wasn't called if 14.7% of students had a suicide plan. It was explained that it was an anonymous survey. Ms. Joly then questioned why it was anonymous. BOE member Chris Viens replied, stating it was anonymous to elicit honest responses. Ms. Joly responded with, “How do you know they were honest responses? We're dealing with kids. They could have written anything. That's what kids do." Ms. Joly's direct quote was captured by NBC CT which was covering the meeting. One KHS student who was in the room and among the 14.7% who had a suicide plan began crying. She said she wished she hadn't told anyone of her plan. To protect that minor student's identity, that student will not be named here but may be available to answer questions for the State Board of Education.
Students wrote e-mails, letters to the editor, made signs and attended rallies and marches and spoke to news reporters. They wrote speeches and signed up to speak during public comment. Sadly, on March 9 and March 16 public comment ended at 21 minutes and a motion to extend public comment was defeated. Students, many of whom were facing their own mental health challenges, walked away from the Board meeting feeling unheard and powerless. These students faced additional trauma due to the way they were treated and the comments they heard at these Board of Education meetings. Although the March 16 meeting recording magically disappeared, there were many witnesses who were in the meeting room and watching at home. Killingly BOE Chair Janice Joly inflicted even more trauma on students with her statements in the April 1 edition of the Killingly Villager. She made threats to Killingly BOE member Susan Lannon and threatened the students, parents, staff and community members, who held peaceful rallies, referring to them as an angry mob. Her letter is in direct conflict with her duties as a Board of Education member. In her letter, she refers to politics, calling people losers and comparing them to Hillary Clinton. Her actions and comments have led to a public outcry for her to step down.
(5) Other materials or documents containing information which support or clarify the allegations.
Extensive information about the SBHC proposal for Killingly Public Schools was made available to the public on the KPS website. The SBHC Power Point Presentation specifies how the SBHC aligns with District goals, highlights the need for the SBHC & includes the student survey results. Linked here.
BOE Meeting agendas and minutes can be found here: 3/16/22 minutes are not posted as of 4/4/22:
Meeting videos of all BOE meetings can be found here (except the 3/16/22 which was allegedly not recorded)
1/13/22 Generations discussed SBHC at Killingly High. Linked here.
NBC CT News Clip 3/9/22 Parent Organizing Rally/Quiet Corner Tea Party Counter Rally: LInked here.
NBC CT News Clip 3/9/22 rally/BOE meeting. Linked here.
NBC News Clip 3/16/22 BOE rejects SBHC (the only video we have from 3/16). Linked here.
WTNH News 8 Clip re: Board rejects SBHC, Not an educational matter. Linked here.
3/4/22 Edition of Killingly Villager: 3 letters to the editor regarding the SBHC. Linked here.
3/18/22 Edition of the Killingly Villager: 3 letters to the editor regarding the SBHC. Linked here.
3/25/22 Edition of the Killingly Villager: 8 letters to the editor regarding the SBHC. Linked here.
The petition filled with misleading information that we believe Town Councilor, Patti George is referring to in her letter to the editor. Linked here.
4/1/22 Edition of Killingly Villager with Janice Joly's letter, along with 3 other letters to the editor regarding the SBHC. Linked here.
Windham County is #1 in the state for least educated. Linked here.
Please note that we are working with Attorney Andrew A. Feinstein on this matter. The State Department of Education is authorized and instructed to communicate with him on our behalf. He can be reached at 860-969-0700 or afeinstein@edlawct.com.
Sincerely yours,
Andrew A. Feinstein Attorney for Concerned Residents/Parents of Killingly Students
This complaint was reviewed and endorsed by each of the individuals listed in section (1) ab