students with disabilities in charter schools special education and discipline
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Students with Disabilities in Charter Schools Special 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 - PowerPoint PPT PresentationTRANSCRIPT
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
2
Introduction
Protection & Advocacy agency for Illinois Special Education Clinic Charter School Project funded by the
Skadden Fellowship Foundation. Charlie Wysong (312) 895-7340 [email protected]
Helpline (intake): 866-KIDS-046[866-543-7046]
3
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)
4
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
37
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 [email protected] Helpline (intake): 866-KIDS-046
[866-543-7046]
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