STUDENTS WITH DISABILITIES IN CHARTER SCHOOLSSPECIAL EDUCATION AND DISCIPLINE

September 24, 2014 Charlie Wysong

Agenda

Introduction Charter schools in Illinois: Legal Overview Charter Schools Around the Nation Advocacy for Students with Disabilities

Access and enrollment Securing appropriate special education

services School discipline

Questions

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Introduction

Protection & Advocacy agency for Illinois Special Education Clinic Charter School Project funded by the

Skadden Fellowship Foundation. Charlie Wysong (312) 895-7340 Charlie@Equipforequality.org

Helpline (intake): 866-KIDS-046[866-543-7046]

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What is a charter school?

A publicly funded, privately run school. Started in 1991 in Minnesota, with AFT

support. Illinois Charter School Law: 105 ILCS

5/27A-1 (1996) Authorizers:

Local school district Illinois State Charter School Commission (4

schools)

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Illinois Context

5Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 13.

Charter Schools in Illinois

6Source: INCS: http://incschools.org/charters/find_a_charter_school/search_map_old/

Illinois Context

7Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 12.

Illinois Context

8Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 23.

Illinois Context

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Non-Chicago Chicago

15 Schools in 12 Districts

Size range: 35-938 students

Total Students: 4,950 (SY14)

No virtual schools

Percent with an IEP: 11.3 % (12-13)

132 Schools in 42 Networks

Size range: 81 – 1,286 students

Total Students: 54,220 (SY14)

About 14% of Chicago students.

One virtual school

Percent with an IEP: 11.9% (12-13)

Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 15.; Data from CPS website as of fall 2013.

In Chicago

26 ‘solo’ charters with 1 campus Stand-alone charters have about 9,00

students (17%) 16 networks with 106 campuses

Networks have 45,200 students (83%)

The top 10 networks have 75% of the students.

10Source: EFE analysis of CPS data.

Illinois Context

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Network Students

Rank as Largest

‘district’ in Illinois

% of Chicago Charter School

Students

Noble Street 9,071 27th 17%

CICS 8,712 28th 16%

UNO 7,207 37th 13%

YCCS 4,016 92nd 7%

LEARN 2,659 159th 5%

Perspectives 2,219 191st 4%

UCCS 1,896 220th 3%

Catalyst 1,825 226th 3%

Urban Prep 1,427 289th 3%

ASPIRA 1,299 316th 2%Source: Data from CPS website as of fall 2013. ISBE enrollment counts by district, fall 2013.Illinois has 863 school districts, per the ISBE Interactive School Report Card.

Illinois Context

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Opening Fall 2014 Closed Fall 2014

In Chicago: -Noble ITW- Noble Academy- Horizon Science Academy Southwest- Foundations Charter School-Great Lakes Academy

Chicago Talent High SchoolTomorrows Builders High School (East St. Louis)

Phasing Out:-Henry Ford Powerhouse Academy- ASPIRA Ramirez Campus-Betty Shabazz DuSable Campus

Source: EFE compilation of CPS press releases.

Chicago as a Portfolio District

For a high school student (198 total high schools):

1 neighborhood school [52 total in the city] 10 Selective Enrollment 28 Career & Technical Education 19 Alternative Schools 6 Magnet 7 Contract or Lottery Schools 6 Military Academies 71 Charter schools

13Source: EFE compilation of data from CPS.edu.

Choice Example

14Source: CPS.edu, school locator screen shot.

Legal Framework

“A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:“ Illinois School Student Records Act Mandatory Abuse Reporting Background Checks School Accountability Report Cards [partial list]

105 ILCS 5/27A-5(g)15

Legal Framework for Students With Disabilities

A charter school shall be subject to all federal and State laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services. 105 ILCS 5/27A-4(a)

IDEA, Section 504 of the Rehabilitation Act, ADA

U.S. Department of Education, Office of Civil Rights “Dear Colleague” Letter of May 14, 2014

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405-charter.pdf 16

Legal Framework for Students With Disabilities

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U.S. Department

of Education

SEA (ISBE)

LEA (District)

Charter (District Authorized)

Neighborhood school

LEA (charter authorized by state)

Oversight of Special Education in Charter Schools

School District as LEA Direct staff oversight

School District as Authorizer Negotiates and enforces the charter

ISBE Certification process for new, revised, and renewed

charters Certification Rubric Form 34-50A Annual Reports: Form 87-13 Codified in new regulations: Adopted September 18, 2014

Responds to parent special education complaints U.S. Department of Education: Office of Civil

Rights18

New Illinois Charter School Law

(g) A charter school shall comply with all provisions of this Article; , the Illinois Educational Labor Relations Act; all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English language learners, referred to in this Code as "children of limited English-speaking ability"; and its charter.

Illinois Public Act 098-0639 (effective 6/9/2014)

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New Illinois Charter School Laws

Illinois Public Act 098-0640 (effective 6/9/2014) Funding follows the student throughout the year

Illinois Public Act 098-0640 (effective 1/1/2015) Transparency of admissions (videotape lottery) Submit waitlists to authorizer “Charter schools may undertake additional intake

activities, including without limitation student essays, school-parent compacts, or open houses, but in no event may a charter school require participation in these activities as a condition of enrollment.”

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National Charter School Laws

National Alliance for Public Charter Schools. See: http://dashboard.publiccharters.org/dashboard/home

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National Charter School Growth

Find more information at: http://dashboard.publiccharters.org/dashboard/home

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National Charter School Growth

Find more information at: http://dashboard.publiccharters.org/dashboard/home

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National: Disability Access

GAO Study June 2012

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National Test Results

CREDO Study June 2013

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National Test Results

CREDO Study June 2013

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National Test Results

CREDO Study June 2013

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See Also: COPAA “Charter Schools and Students with Disabilities” 2012.

Special Education Charter Schools

About 100 charter schools nationwide focus on students with disabilities.

E.g. Arizona Autism Charter School (Phoenix) South Florida Autism Charter School (Miami) New York Center for Autism Charter School

(NYC) Dynamic Community Charter School (NC)

Arianna Prothero, “Special Education Charters Renew Inclusion Debate,” Education Week, Sept. 17, 2014, http://www.edweek.org/ew/articles/2014/09/17/04specialneedscharters.h34.html 28

National Regulation

May 2010 amendment to New York Charter School Act requires: Enrollment & retention targets. “good faith effort”

“the charter school shall demonstrate good faith efforts to attract and retain a comparable or greater enrollment of students with disabilities and limited English proficient students when compared to the enrollment figures for such students in the school district in which the charter school is located”

New York Education Law sec. 2854(2)(a)29

New Orleans

Recovery School District is 100% charter this fall.*

P.B., et al. v. Pastorek, Southern Poverty Law Center et al. (2010)

http://www.splcenter.org/get-informed/case-docket/new-orleans-special-education.

Complaint by Loyola University New Orleans College of Law May 2014

http://media.nola.com/education_impact/other/4.15.2014%20Carver%20Complaint%20For%20Release.pdf

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Washington DC

DOJ complaint by the Bazelon Center May 2011

http://www.bazelon.org/LinkClick.aspx?fileticket=ZHsqwTj8U78%3D&tabid=77

Alleges: Systematic exclusion from charter schools Segregation through the concentration of

students with disabilities and over-use of private placements.

Status: Pending with the Department of Justice

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See Also: COPAA “Charter Schools and Students with Disabilities” 2012.

Charter Schools in Illinois

Challenges facing students with disabilities:

1. Enrollment and Access

2. Appropriate Special Education Services

3. School Discipline

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Challenge 1: Enrollment & Access

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Federico  Waitoller, Josh Radinsky, Agata Trzaska, & Daniel Maggin, A Longitudinal Comparison of Enrollment Patterns of Students Receiving Special Education Services in Chicago Charter and  Neighborhood Public Schools (May 2014), available at http://ceje.uic.edu/wp-content/uploads/2013/11/Waitoller-spec-ed-FINAL-compressed.pdf.

Challenge 1: Enrollment & Access

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Federico  Waitoller, Josh Radinsky, Agata Trzaska, & Daniel Maggin, A Longitudinal Comparison of Enrollment Patterns of Students Receiving Special Education Services in Chicago Charter and  Neighborhood Public Schools (May 2014), available at http://ceje.uic.edu/wp-content/uploads/2013/11/Waitoller-spec-ed-FINAL-compressed.pdf.

Challenge 1: Enrollment & Access

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  Chicago Public Schools       Chicago Charter Schools

  20th day   last day   Change % change 20th day   last day   Change % change

LRE 1      21,374  48%    22,370  48%        996  5%       4,867  68%     4,932  71%           65  1%

LRE 2     14,745  33%    16,281  35%    1,536  10%       1,977  28%     1,811  26%      (166) -8%

LRE 3       6,568  15%      6,708  14%        140  2%           312  4%         247  4%        (65) -21%

Specialized School       1,014  2%          946  2%     0%   0%  

Out-of-District           585  1%          626  1%     0%   0%  

TOTAL     44,286      46,931       2,645  6%       7,156       6,990         (166) -2%

Placement during the 2013-14 School Year: Data from Chicago Public Schools

Challenge 1: Enrollment & Access

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Possible causes: Counseling out Parental preference or skepticism of charters Early-intervention link to traditional public

schools Informal dissuasion Removal or refusal of special education

eligibility Discipline Use of 504 plans instead of IEPs

Challenge 1: Enrollment & Access

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Informal issues Applications request disability information

‘We don’t have that service’ during visits Lack of non-discrimination statements

Only included on a handful of charter applications

Required in New York

Challenge 1: National Evidence

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Marcus Winters, “Understanding the Charter School Special Education Gap: Evidence from Denver, Colorado” CRPE (June 2014).

http://www.crpe.org/publications/understanding-charter-school-special-education-gap-evidence-denver-colorado

Parent choice, eligibility decisions, transfers.

Marcus Winters, “Why the Gap? Special Education and New York City Charter Schools” CRPE (September 2013).

http://www.crpe.org/publications/why-gap-special-education-and-new-york-city-charter-schools.

Parent choice, eligibility decisions, transfers

Challenge 1: Enrollment & Access

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Advocacy Tips Inform parents Name the discrimination Document Policy changes

Challenge 2: Securing Appropriate Services

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Coordination with School District District has legal responsibility District controls access to specialized resources Charter teaches the student and (often)

controls staff

Tips Know the players Find a friend Contact your “Diverse Learner Support Leader”

(SSA)

Challenge 2: Securing Appropriate Services

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Lack of resources Few existing programs, small scale

Resistance to change

Staff cover multiple schools Average 0.5 FTE Social Workers per school in

Chicago Only 22 Social Workers are full time at a single

school 4 high school, 18 elementarySource: EFE analysis of CPS related service staff schedules.

Challenge 2: Securing Appropriate Services

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Staffing: Lack of experience

Source: INCS Data Finder: http://incschools.org/charters/charter-school-data-finder/data-illinois-charter-overview/comparative_teacher_and_staff_compensation_data

Challenge 2: Securing Appropriate Services

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Staffing: Lack of experience

2013-14 in charter schools: 313 TFA teachers 450 former TFA teachers

Source: Rebecca Harris, Teach For America Placement, Catalyst Chicago (Nov. 7, 2013), available at http://www.catalyst-chicago.org/news/2013/11/07/64171/record-teach-america-placement.

Challenge 2: Securing Appropriate Services

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Staffing Lack of experience Non-traditional training or preparation Staff turnover Lack of special education training

Tips Approach meetings collaboratively Provide information and resources Document everything Seek District resources and supports Use data

Challenge 3: Discipline

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Challenge 3: Discipline Law

Charter schools must follow the IDEA and MDR process.

Charter schools are exempt from Illinois school discipline laws (e.g. 105 ILCS 5/10-22.6)

Charter schools do have to follow due process case law (i.e. offer opportunity for cross-examination, consider mitigating evidence per Robinson)

A charter school must follow its Code of Conduct.

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Challenge 3: Discipline Problems

Discipline staff have minimal familiarity with disabilities

Special education rights are not enforced

Many codes of conduct are exclusionary

Challenge 3: Special Education Procedures

Special education procedural rights:

- At least 15 of 50 codes had errors in the description of the procedural rights for students with disabilities

- Chicago Public Schools standard language

Source: EFE analysis of 2013-14 charter school codes of conduct.48

Challenge 3: Harsh policies

Source: CPS data release and data to EFE. See CPS: Expulsion Rate at Higher at Charter Schools, Chicago Tribune, Feb. 26, 2014, http://articles.chicagotribune.com/2014-02-26/news/ct-chicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools 49

% with an IEP CPS Charter

Total Student 12.3% 11.9%

Expelled Students

18.6% 24.1%

2012-13 Students % Expulsions

Rate per

10,000

CPS ~350,000 86%

182 5

Charter Schools

~55,000 14%

307 61

CPS Disposition of students expelled from charter schools.

Expelled 12 4%

No consequence

14 5%

SMART 281 91%

Challenge 3: Charter Discipline Codes

EFE analysis of Illinois charter school discipline codes

15 codes outside Chicago (2013-14)

35 codes in Chicago (2014-15, final & draft)

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Challenge 3: Charter Discipline Codes

Increasing adoption of the CPS code of conduct.

2013-14: 8 charters with 11 campuses, ~4,200 students

2014-15: 11 charters with 19 campuses, ~7,400 students

This year: 5 charters adopted, 2 dropped the CPS code

CPS code for 2014-15: Prologue, Academy for Global Citizenship, ASPIRA, Catalyst, KIPP, Legacy, TMSE, Namaste, Frazier, Horizon*, Chicago Virtual.51

Challenge 3: Charter Discipline Codes

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Network Students

% of Charter

StudentsProfanity, Max

Fighting, Min

Levels of

Fighting

Demerits

Restorative

Practices

CPS ~350,000 3 ISS 9 Yes

Noble Street 9,071 17%No

suspension

5 OSS 2 Yes

CICS 8,712 16% 5 OSS 2

UNO* 7,207 13% 10 OSS 1

YCCS 4,016 7% 3 ISS 9 Yes

LEARN* 2,659 5% 5 OSS 3

Perspectives 2,219 4% 10 OSS 1 OSS 4 Yes

UCCS 1,896 3% 5 ISS 8

Catalyst 1,825 3% Uses CPS Code

Urban Prep 1,427 3%No

suspension

1 Yes

ASPIRA 1,299 2% Uses CPS Code

* Draft codes for 2014-15

Challenge 3: Demerits

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Challenge 3: Demerits

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Challenge 3: Concerning practices

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“Counseling” out for students

“Benching” a student

Fines (fees for detention, other fines)

Summer attendance/behavior classes

6 week probationary period

Challenge 3: Positive practices

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Counseling referrals

Limited suspension

Community service

Re-integration plans after suspension

Detailed due process procedures

Challenge 3: Discipline

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Tips Check procedures carefully Ask for records Seek allies Make sure the IEP was being followed

Questions

Charlie Wysong (312) 895-7340 Charlie@Equipforequality.org Helpline (intake): 866-KIDS-046

[866-543-7046]

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