Families whose children were enrolled in a troubled New York boarding school for autistic students after a state Education Department error are not entitled to recompense for vital services missed during the students’ time living on campus, the department’s complaint resolution office has ruled.
The parents of Matthew Carlson and Connor Biscan, both former Shrub Oak International School students, had sought compensatory services through complaints filed with the state’s Problem Resolution System following the discovery that the Massachusetts Department of Elementary and Secondary Education in 2022 had improperly approved of Shrub Oak’s status as an out-of-state special education school.
In their complaints, both Carlson’s and Biscan’s parents alleged the boys did not receive their legally entitled Individualized Education Program services while enrolled at Shrub Oak during the 2022-23 and 2023-24 school years. Each family received a response, however, from the complaint system last month concluding both the state and their local districts had complied with special education laws and that neither boy is owed costly makeup services.
“It seems like I’m up against this powerful entity that shows no accountability,’’ said Matthew’s mother, Elizabeth Carlson, of Uxbridge. “I just feel like there’s nowhere to turn.’’
Connor’s mother, Roberta Biscan, of Wilmington, called the outcome “infuriating.’’
“We made the decision to send our children [to Shrub Oak] because we were told it was an approved school,’’ she said. “It just doesn’t make any sense.’’
The state Education Department initially granted temporary approval to Shrub Oak to enroll Massachusetts students at public expense in the spring of 2022, despite the fact it wasn’t approved by its home state of New York — a move that ran counter to the department’s own policy.
It wasn’t until Roberta Biscan alerted federal authorities to the error in October 2023 that the Massachusetts Education Department dropped Shrub Oak from its list of approved special education schools. A 2024 ProPublica investigation would go on to detail accusations of possible abuse and neglect at Shrub Oak, including unexplained bruises on students’ bodies — allegations Shrub Oak has denied.
Previously questioned by The Boston Globe, a spokesperson for the state Education Department did not explain how the Shrub Oak error was made, but documents recently obtained by the Globe through the state’s public records law call into question how soon officials, including Acting Commissioner Russell Johnston — then an associate commissioner charged with overseeing special education — should have been aware of the issue.
In an email dated March 1, 2023, Barry Barnett, director of the Problem Resolution System, notified Johnston and others of a complaint related to Shrub Oak. The complaint, submitted by a local special education administrator on behalf of a Massachusetts Shrub Oak student, noted several concerns including unexplained bruising, a black eye, an unexplained trip to the emergency room, and a “marked increase in bowel and bladder accidents due to lack of access to a locked bathroom.’’
In the email, Barnett asked if Shrub Oak was approved by the state’s Office of Approved Special Education Schools.
It is unclear whether Johnston replied to Barnett; the department said it withheld certain records due to attorney-client privilege. Records do show, however, that Johnston was slated to attend a Microsoft Teams meeting on March 2, 2023, entitled, “Meet RE: Shrub Oak Complaint.’’
It would be another eight months before the state issued a letter to Shrub Oak saying, in part, “It has come to DESE’s attention that [Shrub Oak] does not have the required approval from its host state.’’
In the letter, the department directed local districts to find new placements for their Shrub Oak students by June 30, 2024. (A Shrub Oak representative previously told the Globe the school will try again to obtain Massachusetts’ approval.)
Both Matthew and Connor were enrolled at Shrub Oak, where tuition tops more than $500,000 for students requiring dedicated aides, through out-of-district placements, a common practice in Massachusetts for educating special education students with complex needs.
The Massachusetts Education Department previously came under scrutiny for its handling of abuse and neglect allegations at in-state residential schools for autistic students following a 2023 Globe Spotlight Team investigation.
Both Roberta Biscan and Elizabeth Carlson said they are now consulting with attorneys.
“I’m not done fighting,’’ Biscan said. “I’m not going away.’’
Mandy McLaren can be reached at mandy.mclaren@globe.com. Follow her @mandy_mclaren.
