Transcript Slide 1

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
 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)
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Illinois Context
Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 13.
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Charter Schools in Illinois
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Source: INCS: http://incschools.org/charters/find_a_charter_school/search_map_old/
Illinois Context
Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 12.
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Illinois Context
Source: Illinois State Board of Education, 2011-12 and 2012-13 Illinois Charter School Biennial Report (Jan. 2014), p. 23.
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Illinois Context
Non-Chicago
Chicago
15 Schools in 12 Districts
132 Schools in 42 Networks
Size range: 35-938 students
Size range: 81 – 1,286 students
Total Students: 4,950 (SY14)
Total Students: 54,220 (SY14)
About 14% of Chicago students.
No virtual schools
One virtual school
Percent with an IEP: 11.3 % (12-13)
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
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from CPS website as of fall 2013.
In Chicago

26 ‘solo’ charters with 1 campus
 Stand-alone

16 networks with 106 campuses
 Networks

charters have about 9,00 students (17%)
have 45,200 students (83%)
The top 10 networks have 75% of the students.
Source: EFE analysis of CPS data.
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Illinois Context
Network
Rank as Largest
Students ‘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.
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Illinois has 863 school districts, per the ISBE Interactive School Report Card.
Illinois Context
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 School
Tomorrows 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.
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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
Source: EFE compilation of data from CPS.edu.
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Choice Example
Source: CPS.edu, school locator screen shot.
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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)
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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/colleague201405-charter.pdf
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Legal Framework for Students With Disabilities
U.S.
Department of
Education
SEA (ISBE)
LEA
(charter authorized by state)
LEA (District)
Charter (District Authorized)
Neighborhood school
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Oversight of Special Education in Charter Schools

School District as LEA


School District as Authorizer
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
Direct staff oversight
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 Rights
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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
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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
See Also: COPAA “Charter Schools and Students with Disabilities” 2012.
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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
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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)
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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/neworleans-special-education.
Complaint by Loyola University New Orleans
College of Law May 2014

http://media.nola.com/education_impact/other/4.15.2014%20
Carver%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
See Also: COPAA “Charter Schools and Students with Disabilities” 2012.
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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
Federico Waitoller, Josh Radinsky, Agata Trzaska, & Daniel Maggin,
A Longitudinal Comparison of Enrollment Patterns of Students Receiving Special Education Servi
ces 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.
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Challenge 1: Enrollment & Access
Federico Waitoller, Josh Radinsky, Agata Trzaska, & Daniel Maggin,
A Longitudinal Comparison of Enrollment Patterns of Students Receiving Special Education Servi
ces 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.
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Challenge 1: Enrollment & Access
Placement during the 2013-14 School Year: Data from Chicago Public Schools
Chicago Public Schools
20th day
last day
Chicago Charter Schools
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%
140
2%
312 4%
247 4%
(65)
-21%
(166)
-2%
LRE 3
6,568 15%
6,708 14%
Specialized School
1,014 2%
946 2%
0%
0%
585 1%
626 1%
0%
0%
Out-of-District
TOTAL
44,286
46,931
2,645
6%
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7,156
6,990
Challenge 1: Enrollment & Access
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
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Challenge 1: Enrollment & Access
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
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Challenge 1: National Evidence

Marcus Winters, “Understanding the Charter School
Special Education Gap: Evidence from Denver,
Colorado” CRPE (June 2014).



http://www.crpe.org/publications/understanding-charter-schoolspecial-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-educationand-new-york-city-charter-schools.
Parent choice, eligibility decisions, transfers
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Challenge 1: Enrollment & Access
Advocacy Tips
 Inform parents
 Name the discrimination
 Document
 Policy changes
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Challenge 2: Securing Appropriate Services
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)
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Challenge 2: Securing Appropriate Services

Lack of resources
 Few
existing programs, small scale
 Resistance
 Staff
to change
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 elementary
Source: EFE analysis of CPS related service staff schedules.
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Challenge 2: Securing Appropriate Services
Staffing: Lack of experience
Source: INCS Data Finder: http://incschools.org/charters/charterschool-data-finder/data-illinois-charteroverview/comparative_teacher_and_staff_compensation_data
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Challenge 2: Securing Appropriate Services
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.catalystchicago.org/news/2013/11/07/64171/record-teach-americaplacement.
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Challenge 2: Securing Appropriate Services

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

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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.
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Challenge 3: Harsh policies
2012-13
CPS
Charter Schools
Students
%
Expulsions Rate per
10,000
~350,000
86%
182
5
~55,000
14%
307
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CPS Disposition of students expelled from charter schools.
Expelled
12
4%
No consequence
14
5%
281
91%
SMART
% with an IEP
CPS
Charter
Total Student
12.3%
11.9%
Expelled Students
18.6%
24.1%
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/ctchicago-schools-discipline-met-20140226_1_charter-schools-andrew-broy-district-run-schools
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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.
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Challenge 3: Charter Discipline Codes
Network
CPS
% of Charter Profanity, Fighting, Levels of
Restorative
Students
Students
Max
Min Fighting Demerits Practices
~350,000
3 ISS
9
Noble Street
9,071
17%
No
suspension
CICS
8,712
16%
5 OSS
2
UNO*
7,207
13%
10 OSS
1
YCCS
4,016
7%
3 ISS
9
LEARN*
2,659
5%
5 OSS
3
Perspectives
2,219
4%
10 OSS
UCCS
1,896
3%
5 ISS
Catalyst
1,825
3%
Urban Prep
1,427
3%
ASPIRA
1,299
2%
* Draft codes for 2014-15
5 OSS
1 OSS
2
4
Yes
Yes
Yes
Yes
8
Uses CPS Code
No
suspension
1
Uses CPS Code
52
Yes
Challenge 3: Demerits
53
Challenge 3: Demerits
54
Challenge 3: Concerning practices

“Counseling” out for students

“Benching” a student

Fines (fees for detention, other fines)

Summer attendance/behavior classes

6 week probationary period
55
Challenge 3: Positive practices

Counseling referrals

Limited suspension

Community service

Re-integration plans after suspension

Detailed due process procedures
56
Challenge 3: Discipline
Tips
 Check procedures carefully
 Ask for records
 Seek allies
 Make sure the IEP was being followed
57
Questions




Charlie Wysong
(312) 895-7340
[email protected]
Helpline (intake):
866-KIDS-046
[866-543-7046]
58