Small LEAs and Special Education ServicesSTATE CHARTER BOARD

NOVEMBER 13, 2014

Federal State Charter

34 CFR 300.209 Treatment of charter schools and their students.

(c) Public charter schools that are LEAs. If the public charter school is an LEA, consistent with 300.28, that receives funding under 300.705, that charter school is responsible ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity.

Note: State cannot use discriminatory method to assign responsibility.

IDEA and Other Federal Laws

Federal Regulations

Case Law

U.S. Dept. of Ed and OSEP Guidance

State Statutes

State Rules

LEA Charter, Policy, and Procedures

WHERE WE WERE -1998

8 schools approved

Confusion regarding special education services and charter schools, some schools originally required parents of students with disabilities to waive rights to special education upon enrollment.

Despite that confusion, charter school operators continued to improve services to students with disabilities and the USOE continued to refine their technical assistance to charter schools.

WHERE WE ARE - 2014

110 schools approved and/or operating

Charters define their special education program as part of their charters, and ensure that a continuum of alternative placements is available, as needed.

Charters access technical assistance through the USOE and Utah Professional Development Network (UPDN) in their region.

As concerns are raised, they are reviewed and addressed through stakeholder discussions and meetings.

Confusion still remains…

History of Utah Charter Schools

Strength in Partnerships

MOVING BEYOND: Informing stakeholders through public channels, consulting/gathering input, and building consensus

MOVING TO:Creating opportunities for interaction, building consensus across special and general education groups, and sharing leadership opportunities with the range of stakeholders

Agreement on data sets that will track progress

Identification of meaningful improvement strategies

Shared commitment to action that will create measurable and sustainable change

Reviewing data

Agreeing on targets and improvement activities

Initial Concerns1. Are charter schools able to finance the special education and related services for high-cost,

low incidence students with disabilities?

2. And similarly, are charter schools equipped to provide appropriate services and a continuum of placements to such students?

3. Are these concerns applicable only to charter schools, or do they apply to small school districts too?

Small LEA Workgroup Was Created

Facilitators: Leah Voorhies, USOE Special Education Coordination and Marlies Burns, USOE Charter Schools Director

Britney Stevens, Morgan School District

Jocelyn Taylor, USOE Education Specialist

Laura Sage, Charter Schools Special Education Consultant/Director

Amy Trombetti, Charter Schools Special Education Consultant/Director

Emily Wilson, Channing Hall Special Education Director

Deanna Taylor, City Academy Special Education Director

Laurie Davita, Vista at Entrada Special Education Teacher

Echo Cunningham, Charter School Special Education Consultant

Joe Heywood, Moab Charter School Director

Karen Johnson, Beaver School District Special Education Director and Milford Elementary School Principal

Lisa Arbogast, USOE Special Education Coordinator

Howard Headlee, State Charter School Board member

Identified Barriers to Address Concerns that Apply to Small LEAs

1. Mixture of students with varying ability levels and inappropriate behaviors

2. Space for special class

3. Need for experts

4. Support for students who are low-functioning and high cost

5. Shared special classes

6. Expert technical assistance on-site

7. Joint IEP meeting

8. Ongoing coaching

9. Residential placement

10. Resource center

Identified Barriers

What do Other States Do? AZ -- charters are LEAs and responsible for special education

AR -- high cost funding reimbursement

CA -- Special Education Local Plan Area (SELPA) of charters (regional special education services)

CO -- charters authorized by state “institute”, institute serves as LEA for special education

ID -- charters are LEAs and responsible for special education

NM -- charters are LEAs and responsible for special education

NV -- unclear

There is no consistency across states and most hinges on how charters are authorized (i.e., as an independent LEA or connected to a school district)

GAO Report to Congress (GAO-12-543)

June 2012

Two common practices by States:◦ “In states that define a charter school to be part of a larger LEA (i.e., school district), the responsibility

for providing special education services to charter school students remains with the LEA◦ In states where charter schools are their own LEA, the state makes charter schools responsible for

providing the services themselves.”

Charter schools may face challenges as they may not have the same resources that larger school districts have, but some states provide a higher level of funding for special education based on the severity of a student’s disability, making it more financially feasible.

Half of the charter schools interviewed cited insufficient resources to serve students with significant disabilities.

Possible Solutions/Recommendations to Address Need for Continuum and High Costs

1. Fully fund the high cost risk pool (already existing infrastructure)

2. Provide expertise and coaching to school staff on site when needed (new PD infrastructure)

3. Facilitate the sharing of “special classes” ◦ Help parents who chose a charter school for its uniqueness understand that a special class, even when

housed in another facility, is still in the best interest of the student

Success Story

Next Steps - Discussion How can the State Charter School Board assist their small LEAs with providing a continuum and services for students with high costs for education?

Are charter schools a “true” LEA? What are the possible implications if they are not?

Which barrier(s) should be considered and addressed next?

Questions