Federal appeals court: parents can sue school for failing to provide special needs

[alp227]

Learning disability ruling holds schools liable
by Bob Egelko, San Francisco Chronicle
Tuesday, March 23, 2010

Parents of a child with learning disabilities can sue a school district for ignoring the problems and failing to arrange tutoring or other educational help, a federal appeals court ruled Monday.

The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco in a case from Compton (Los Angeles County) is one of the first in the nation on a parent's ability to enforce a federal law that requires schools to identify all children with disabilities and provide them with an appropriate education.

The law allows parents to seek a state administrative hearing to challenge a school's denial of their request to classify a child as learning disabled. In Monday's 2-1 ruling, the court said parents can also demand a hearing, or file suit on the child's behalf in some circumstances, when a school ignores the disabilities.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/23/BA541CJMSH.DTL

[FBaggins]

1. What was the argument on the other side?

That you can't sue the school for failing to meet a legal obligation because it's a government entity?

[proud2BlibKansan]

10. I'd like to know that too

[alp227]

11. Found it

Leagle.com has the judge's opinion:

http://www.leagle.com/unsecure/page.htm?shortname=infco20100322116

"The School District first argues that the IDEA's written notice procedures limit the jurisdictional scope of the due process complaint procedure. The notice provisions set forth in 20 U.S.C. § 1415(b)(3) and 34 C.F.R. § 300.503(a) apply to proposals or refusals to initiate a change regarding a student's identification, assessment, or placement. The School District asserts that, because it chose to ignore Addison's disabilities and take no action, it has not affirmatively refused to act. The School District therefore contends that the notice requirement does not apply. The School District further asserts that there can be no due process right to file a claim unless the notice provisions specifically apply to such a claim. We reject this argument."

"The School District also contends, based on Arlington Century School Dist. Bd. of Ed. v. Murphy, 548 U.S. 291 (2006), that it did not have "clear notice" of the availability of an administrative hearing in "child find" cases. This argument has no merit, as the IDEA clearly allows complaints "with respect to any matter relating to the identification, evaluation, or educational placement of the child." 20 U.S.C. § 1415(b)(6)(A) (emphasis added)."

[proud2BlibKansan]

12. They chose to ignore a student's learning disabilities?

That doesn't make a lot of sense.

[tonysam]

2. Good

Districts flout special education laws and regulations all the time.

[Catshrink]

3. Charter schools have their own way of dealing with these kids.

They don't admit them.

[tonysam]

4. Exactly. Too bad they can't be sued. n/t

[mzteris]

5. They can and do admit them and work with them

If you ever did any research, you'd know that.

Do some "abuse" their position? Of course. Just like there are examples from every single type of school you can imagine.

Are some unable to "work with" some disabilities? Of course. Just like some trads are as well. If little johnny's needs can best be served at ABC school, instead of XYZ school - then wouldn't you tell the parents in your school that?

[mzteris]

6. some facts and figures:

The Council for Exceptional Children (CEC) is the largest international professional organization dedicated to improving the educational success of individuals with disabilities and/or gifts and talents. CEC advocates for appropriate governmental policies, sets professional standards, provides professional development, advocates for individuals with exceptionalities, and helps professionals obtain conditions and resources necessary for effective professional practice.

Charter Schools and Special Education
Charter Schools for Students with Disabilities
Many charter schools specialize in serving students with disabilities. The schools allow educators to try new ideas, give students individualized and personal instruction, and structure learning to meet their needs. These schools also help students develop self-esteem and self-advocacy skills. Often, parents are involved in the school and their children’s education.

But these schools face their own challenges. Sometimes charter schools have difficulty getting special education services or special education records—even though the charter school is paying for those services, according to Peggy Hunter, President of Charter Schools Strategies, Inc.

. . . An additional issue that has come up concerns special education students who decide to drop their special education designation when they enroll in a charter school. Hoping to escape the special education label and that the small classes and innovative teaching techniques will replace the need for special services, parents may decide to forfeit the child’s Individualized Educational Program (IEP).

. . . Funding is another problem facing charter schools that serve students with disabilities. Currently, charter school funding is handled on a state-by-state basis, and the U. S. Department of Education has not developed a broad policy for charter schools. Generally, if a student with a disability attends a charter school, funding follows the student. However, some states have determined that if parents choose to send their child to a charter school, then their child is not entitled to that money.

http://www.cec.sped.org/AM/Template.cfm?Section=Charter_Schools&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=30&ContentID=5008

*********

"Charter schools are public schools, subject to the requirements of IDEA. But there’s a drumbeat of criticism out there to the effect that charters are trying to evade their

responsibility to serve kids with disabilities. Some are, and they deserve to be nailed for it; but most charters do their damndest in this department, despite all sorts of obstacles. And it’s nearly impossible to have a coherent dialogue on this subject because aggregate numbers don’t tell much about what’s really going on in the schools -- the actual decisions being made about how best to serve kids.

(Let’s note here that the latest available federal data, from the 2005 Schools and Staffing Survey, shows a pretty small gap nonetheless:

11% special education students in charters vs. 13% in non-charters.) The UFT (NYC’s teacher union) played the numbers game in a recently-released report ( http://www.publiccharters.org/files/publications/UFTreport010610.pdf ) ;

but Marcus Winters of the Manhattan Institute penned an astute and data-rich short course in response (http://www.nydailynews.com/opinions/2010/01/06/2010-01-06_charters__special_ed_the_truth.html ). It’s one of the best distillations of this complex topic that I’ve read.

And for a really creative response to the challenges charters face in this area, check out the latest news about a new special-ed co-op sponsored by the Louisiana Association of Public Charter Schools (and yes, full disclosure, helped along by the Alliance.) http://archive.constantcontact.com/fs078/1102273367847/archive/1102878889199.html

http://www.publiccharters.org/node/1342


*************

Charter schools target specific populations, especially at-risk students Of the 38 schools in our sample, 21 target at-risk students. We included schools in the at-risk category if their application described their targeted students as being at risk of academic failure, English Language Learners, or students who have dropped out of school. Eleven schools
in this sample plan to serve students similar to those in nearby district schools. Six schools targeting academically gifted students or students interested in a themed program (such as performing arts or an ethnocentric curriculum) have been classified as “other.”

The Center on Reinventing Public Education at the University of Washington Bothell engages in research and analysis aimed at developing focused, effective, and accountable schools and the systems that support them. The Center, established in 1993, seeks to inform community leaders, policymakers, school and school system leaders, and the research community. http://www.crpe.org/cs/crpe/download/csr_files/brief_ics_prorgamguide_may09.pdf


***********

State Charter Public
Alaska 10% (2004-05) 13% (2007-08)
Arizona 8% (2003-04) 11% (2002-03)
Arkansas 8% (2006-07) 13% (2002-03)
California 10% (2005-06)
Colorado 6% (2001-02) 10% (2002-03)
Connecticut 10% (2003-04) 13% (2003-04)
D.C. 10% (2003-04) 19% (2003-04)
Delaware 7% (2007-08) 13% (2002-03)
Florida 14% (2004-05) 15% (2004-05)
Georgia 9% (2007-08) 12% (2004-05)
Hawaii 7% (2006-07) 11% (2006-07)
Idaho 5% (2006-07) 9% (2006-07)
Illinois 11% (2005-06) 15% (2005-06)
Indiana 12% (2002-03) 17% (2002-03)
Iowa 13% (2006-07)
Kansas 8% (2007-08) 13% (2007-08)
Louisiana 14% (2002-03)
Maryland 8% (2007-08) 13% (2005-06)
Massachusetts 12% (2006-07) 17% (2006-07)
Michigan 8% (2005-06) 13% (2002-03)
Minnesota 12% (2007-08) 14% (2007-08)
Mississippi 0% (2005-06) 2% (2006-07)
Missouri 15% (2004-05)
Nevada 6% (2007-08) 11% (2007-08)
New Hampshire 14% (2004-05)
New Jersey 14% (2006-07)
New Mexico 21% (2003-04) 15% (2004-05)
New York 10% (2006-07) 15% (2002-03)
North Carolina 12% (2005-06) 14% (2002-03)
Ohio 18% (2005-06) 15% (2007-08)
Oklahoma 12% (2006-07) 15% (2006-07)
Oregon 9% (2006-07) 13% (2002-03)
Pennsylvania 15% (2005-06)
Rhode Island 2% (2002-03)
South Carolina 16% (2002-03)
Tennessee 15% (2007-08)
Texas 10% (2007-08) 11% (2006-07)
Utah 11% (2004-05)
Virginia 14% (2006-07)
Wisconsin 14% (2002-03)
Wyoming 19% (2007-08) 14% (2006-07)


K - let's hope this chart turns out, if not - go to: http://www.crpe.org/cs/crpe/view/projects/1?page=yes&id=5&parent=1&question=6 A couple of points I'd like to make:

It is surprisingly more different than I thought it would be. I can see where some might get the impression that "charters don't have spec ed." -

1. however, if you look, for some the comparisons are for different years - I'm not sure how accurate the percentages would be;
2. Some states didn't provide the info for charters;
3. A few even have more in charters than trads;
4. If you read at least some of the above statements, some parents choose not to have their child labelled because there needs are being met in the environment that some charters offers;
5. State Charter laws vary. They need to all be beefed up with better teeth!
6. And, as states, yeah - some charter schools don't offer the best alternative for some particular students - some of which is due to funding.
7. Nearly all charter schools have been open less than ten years, half of those 6 or less. Sometimes it takes a while to get everything in place.
8. Some charters target disabilities specifically - so their enrollments are basically 100% speded. (For instancne that school p2bl likes to "crow about" as having 3 graduates - theres a REASON for that! that school has a very limited enrollment of students under a Mental Health Care Program provided by the state.)


So to recap:

Yes charters DO admit sped;

P.S. - I can find more if you'd like. If there are any specific providers of information that you'd find "acceptable" - as I realize many think anything associated with a charter is bound to be unrealiable 'cause you think they'd lie to suit their purpose. Which is totally ridiculous on the face of it as there are a number of different associations and hundreds of researchers - they couldn't ALL be in collusion.

[Hannah Bell]

8. thanks for demonstrating charter schools have significantly fewer special ed students than public

schools.

"oh, it's soooo *hard!*"

[Hannah Bell]

7. +100.

[proud2BlibKansan]

9. Or they kick them out

Just got a new one :)