Archives for category: Special Education

In this post, Daniel Katz, director of secondary education and secondary special education teacher preparation at Seton Hall University in New Jersey, interviews Mindy Rosier about what it is like to work in a public school that shares the same building with one of Eva Moskowitz’s Success Academy charter schools. Rosier is a teacher at PS 811, the Mickey Mantle School, which serves children with special needs. PS 811 is situated within PS 149 in Harlem, a traditional public school; it serves about 100 children with autism and other special needs. The Success Academy charter school was co-located inside PS 149 in 2006. What is it like to co-exist with SA?

 

Here is a sample:

 

“There is definitely an us vs. them feeling in the air. I’ve been told that they have shiny clean floors, new doors, fancy bathrooms, etc. Meanwhile, we have teachers who have bought mops and even a vacuum cleaner to clean their rooms for they feel what is done is not efficient enough. Near our entrance, we have an adult bathroom. It is for staff and our parents. Success Academy parents as well have used it. For many months that bathroom went out of order. Honestly, I am not even sure it is fixed yet, but after all this time, I really hope so. So we would have to either use the closet of a bathroom in the staff lunch area or use one of the kids’ bathroom when it is not in use. You and I know that had that been an SA bathroom, it would have been fixed by the next day. SA also throws out tons of new or practically new materials often. At first, some of their teachers would sneak us some materials thinking we could benefit from it. They stopped out of fear. With all the great stuff that they have thrown out, they got angry when they found out that teachers from P.S.149 and I believe some of our teachers too would go through the piles and take what we could use. Well, now they only throw out their garbage shortly before pick up so that no one could get at it. Nice, right?”

The New York City Parents Blog compiled the many complaints of parents and teachers about Daniel Bergner’s article about Eva Moskowitz. Bergner interviewed many critics, but he quoted only two: me and Michael Mulgrew of the UFT.

Unlike the magazine article, the post explains that the main reason Mayor de Blasio rejected Moskowitz’s efforts to expand within PS 149 was that it would cause the displacement of children with special needs, some of whom are severely disabled. It was ironic that the $5-6 million TV ad campaign that Eva’s Wall Street backers ran on her behalf last spring claimed that the Mayor was forcing SA children out of their schools by denying them space, when the reverse was true: Moskowitz wanted to increase the size of her school at the expense of children with disabilities.

The ad campaign paid off for Moskowitz. Many of the same Wall Street tycoons who backed Eva also funded Cuomo’s campaign, so of course Cuomo supported Eva and cut the ground out from under the Mayor’s feet, with the help of the legislature. Eva got free rent, the right to expand in public space, and other privileges. But this was not what you saw in the New York Times article.

Beverley Holden Johns, a nationally recognized expert in the field of disabilities, strongly disagrees with Arne Duncan. Duncan wants children with disabilities to be able to perform on the highest level of NAEP tests. She points out that NAEP was not designed for this purpose. Duncan unilaterally changed the requirements of the IDEA act, without Congressional authorization. Having changed NCLB without Congressional authorization, he must think that ignoring the law is routine. In Néw York, we learned how students with disabilities do when they took the Common Core test: 95% failed.

Beverley Holden Johns writes:

————————–
NCLB required all students to be proficient on State tests by 2014.

Failure of the public schools to reach that goal has been widely
viewed as the failure of public education, requiring movement
to Charter Schools and even increasing the talk of Vouchers in the name of Choice.

Now Arne Duncan seeks to require ALL students with disabilities to
demonstrate proficiency or advanced mastery of challenging
subject matter on the NAEP tests?

As this is impossible (students without disabilities do not
come close to doing it and are making very little progress
toward meeting that goal), what will be the impact on special ed?

Special education will be deemed to be an utter failure, and
some will urge Response to Intervention, RTI, often called MTSS,
and Full Inclusion for all (although there is no evidence that will
cause students to meet the NAEP goal).

What is wrong with using NAEP?

(1) National Assessment of Educational Progress, or NAEP, was not designed for any such purpose, or validated for any such purpose.

(2) NAEP is given at only a few schools in each State to get
a sample of how the State is doing in the 4th and 8th grades
in math and reading every 2 years.

NAEP makes no pretense of testing all children or all schools.

So NAEP offers no accountability whatsoever at the vast majority
of schools in each State.

(3) There have been consistent problems on whether students
with disabilities even take the NAEP, and on whether the NAEP
tests will offer accommodations for students with disabilities
(on which each State has made tremendously varying decisions).

So the percentage of students with disabilities in each State
taking the NAEP varies tremendously from State to State
(making State to State comparisons totally invalid).

(4) NAEP is not aligned with the Common Core so it does
not reflect what may be taught in the classroom.

What does Arne Duncan state that the goal of special ed Results Driven Accountability is?

“While the goal is to ensure that ALL Children with
Disabilities demonstrate proficient or advanced mastery
of challenging subject matter, we recognize that States
may need to take intermediate steps to reach this benchmark.”
(emphasis added)

Please see footnote 7 at

http://www2.ed.gov/fund/data/report/idea/partbspap/2014/2014_part_b_htdmd.pdf

Can anyone provide a complete description of this accountability
system that parents and educators can understand?

On August 4, 2014, all 8 Republicans on the U.S. Senate
education committee in a 3 page letter asked Arne Duncan
detailed questions about this special ed Results Driven Accountability:

“It is troubling that the department made unilateral changes
to the [Individuals with Disabilities Education Act] compliance
framework without seeking legislative approval, disregarded
congressional intent, and appears to have violated the clear letter of the law.”

“The changes spelled out in your ‘Results-Driven Accountability’
framework clearly amount to federal influence on the standards
and assessments states and school districts use to direct the
education program of students with disabilities and would give
the federal government authority to use students proficiency as
measured by the NAEP to evaluate and either reward or
sanction school districts.”

No Child Left Behind, the joint product of George W. Bush and
Ted Kennedy, has positives and negatives, but overall it has
been a disaster for the public schools because it had unrealistic
and utopian goals.

We cannot allow special ed Results Driven Accountability
to be a similar disaster.

Bev Johns

NEWS

From the Office of the New York State Comptroller
Thomas P. DiNapoli

Contact: Mark Johnson, 518-474-4015
For release: Immediately, Sept. 4, 2014

DiNAPOLI: SPECIAL EDUCATION CONTRACTOR CONVICTED FOR $2 MILLION FRAUD

The former owner of a Queens-based special education provider, who pleaded guilty to fraud charges earlier this year following a joint investigation by New York State Comptroller Thomas P. DiNapoli and U.S. Attorney for the Southern District Preet Bharara, was sentenced today to 24 months incarceration and ordered to pay $2,151,318 in restitution and forfeit another $1,924,318.

“Cheon Park enriched himself and deprived children with physical, developmental and emotional disabilities of the help they need,” DiNapoli said. “His conviction today stands as a warning for those who attempt to cheat taxpayers and instead use the money for their personal benefit. I’d like to thank U.S. Attorney Bharara for prosecuting this crime and working with my staff to bring Park to justice and recover stolen taxpayer money.”

In July 2012, DiNapoli’s office issued an audit of Bilingual SEIT & Preschool Inc. that found Park inappropriately charged New York City’s Department of Education for salaries, vehicle leases and items such as cosmetics and children’s furniture. There were also a number of questionable issues related to staff salaries. For a copy of the audit, visit:

http://osc.state.ny.us/audits/allaudits/093012/11s13.pdf.

DiNapoli referred the findings to United States Attorney Bharara’s office and worked to prosecute Park and recover the stolen funds. DiNapoli also praised the work of the Special Commissioner of Investigation for New York City’s Department of Education, the Office of Inspector General for the United States Department of Education, and the Queens County District Attorney’s Office for their collaboration in this investigation.

DiNapoli has identified fraud and improper use of taxpayer funds in a recent series of audits and investigations of special education providers, resulting in multiple criminal convictions and the recovery of over $3 million. His office has completed 23 audits of preschool special education providers, finding nearly $23 million in unsupported or inappropriate charges. There are currently 18 additional audits of preschool special education providers in progress.

In December 2013, Governor Cuomo signed legislation – proposed by DiNapoli and sponsored by Sen. John Flanagan and Assemblywoman Catherine Nolan – mandating the Comptroller’s Office audit all of the more than 300 preschool special education providers in this $1.4 billion program by March 31, 2018.

###

As we know, the “reformers” love disruption, especially for other people’s children, not their own. On the first day of Cami Anderson’s “One Newark,” they got plenty of disruption.

He writes:

“The implementation of the deeply flawed “One Newark” student-dispersal program all but collapsed Thursday as the state administration’s highly paid bureaucrats kept hundreds of angry and frustrated parents and children waiting in un-airconditioned school rooms or outside in 90+ heat to register their children for the few remaining public school seats. Just hours into the chaos, Newark school officials locked the doors to Newark Vocational and told the men, women, and children waiting outside to come back at 5 a.m. the next morning.” They didn’t understand that many parents work two or three hours a day, in addition to their teacher-helper days….”

“The “One Newark” plan was devised by Cami Anderson, the $300,000-a-year state-imposed superintendent who is consistently praised, despite her incompetence, by the man who appointed (and just reappointed) her, Gov. Chris Christie. It was developed in secret with the help of charter school operators and former Mayor Cory Booker using consltants who were paid millions in fees to devise the scheme. It empties and closes public schools and enhances the fortunes of private, charter school operators….”

“Anderson is closing the neighborhood schools. The charters are picking up students with the least problems while those with the greatest need–like special education students–are assigned to what is left of the public school stock.”

New York proposed to exempt up to 2% of students with severe disabilities from federally required state tests.

The U.S. Department of Education said no. Last year, 95% of students with disabilities failed the new Common Core tests in New York.

Leaders of national organizations supposedly representing students with disabilities hailed the DOE’s de is ion to hold these students to the same standards, which the overwhelming majority will fail.

Peter Goodman wrote about the Common Core exams:

“Parents and teachers across the state protested – the exams were poorly prepared, school staffs not trained and parents of SWD were especially critical – the tests were far beyond the cognitive ability of their children and were emotionally harmful. After months of discussions the state, in its application for an extension of the NCLB Flexibility Waiver asked for a change.

New York State had proposed allowing up to 2 percent of New York students with severe disabilities to be tested at their instructional ability — not their chronological grade year — up to two full grade levels below current grade level. The change would, for example, allow a 5th grader with autism to be tested on exams written for third graders.

New York State has abandoned the Regents Competency test, and, in spite of the SWD safety net (the passing Regents score for SWD is a grade of 55) the barrier to graduation for SWD was substantial even before the implementation of the Common Core exams.

Students, due to their cognitive disabilities, who had no chance of passing the exam, were forced to sit in rooms for hours taking exams, to their teachers and parents it was a cruel punishment.”

Goodman writes:

“The feds, and some of the advocates, seem to be saying SWD have a cognitive illness that is curable within classrooms, which with the accommodations and teacher preparation SWD can achieve proficient scores on Common Core exams. I would agree that is a goal; however, for many students no matter the accommodation, no matter the skills of the teacher, their cognitive impairment will never allow the student to score proficient on the Common Core exams as presently constituted.

The current requirement violates the Eighth Amendment; it is a “cruel and unusual punishment.” To force students to sit for hours staring at pages and pages of problems well beyond their cognitive skills are damaging to the student.

It saddens me that so-called advocates are willing to sacrifice students for their own ideology.

We should develop tools, for examples, portfolios of student work aligned to IEP goals, instead of timed exams, as evidence of student progress.

The gap between the United States Department of Education and parents and teachers is incredible. The best decisions impacting children are made in classrooms by teachers and school leaders. The further from the classroom the more wrong-headed the decision.”

I read Jeff Bryant’s interview with the President-elect of NEA, Lily Eskelsen, and I think I love her.

She is smart, strong, and she doesn’t mince words.

She was a classroom teacher for many years, and she speaks from experience teaching many kinds of kids, including kids in special education and kids in a homeless shelter.

She knows that VAM is ridiculous.

She knows that tests can be valuable when used for diagnostic purposes, but harmful when used to pin a ranking on students, teachers, principals, and schools.

She gets it.

Here is a small part of the interview. Jeff asked why NEA delegates voted for a resolution calling on Duncan to resign.

“Bryant: So what’s the frustration for teachers?

“Eskelsen: Here’s the frustration – and I’m not blaming the delegates; I will own this; I share in their anger. The Department of Education has become an evidence-free zone when it comes to high stakes decisions being made on the basis of cut scores on standardized tests. We can go back and forth about interpretations of the department’s policies, like, for instance, the situation in Florida where teachers are being evaluated on the basis of test scores of students they don’t even teach. He, in fact, admitted that was totally stupid. But he needs to understand that Florida did that because they were encouraged in their applications for grant money and regulation waivers to do so. When his department requires that state departments of education have to make sure all their teachers are being judged by students’ standardized test scores, then the state departments just start making stuff up. And it’s stupid. It’s absurd. It’s non-defensible. And his department didn’t reject applications based on their absurd requirements for testing. It made the requirement that all teachers be evaluated on the basis of tests a threshold that every application had to cross over. That’s indefensible.

“Bryant: So any good the Obama administration has tried to accomplish for education has been offset by the bad?

“Eskelsen: Yes. Sure, we get pre-K dollars and Head Start, but it’s being used to teach little kids to bubble in tests so their teachers can be evaluated. And we get policies to promote affordable college, but no one graduating from high school gets an education that has supported critical and creative thinking that is essential to succeeding in college because their education has consisted of test-prep from Rupert Murdoch. The testing is corrupting what it means to teach. I don’t celebrate when test scores go up. I think of El Paso. Those test scores went up overnight. But they cheated kids out of their futures. Sure, you can “light a fire” and “find a way” for scores to go up, but it’s a way through the kids that narrows their curriculum and strips their education of things like art and recess.

“Bryant: Doesn’t Duncan understand that?

“Eskelsen: No. That reality hasn’t entered the culture of the Department of Education. They still don’t get that when you do a whole lot of things on the periphery, but you’re still judging success by a cut score on a standardized test and judging “effective” teachers on a standardized test, then you will corrupt anything good that you try to accomplish.”

Wow! This post will knock your socks off, unless you work for the U.S. Department of Education. The post was written by Mark NAISON, one of the co-founders of the BATs. (I don’t know why, but my iPad always converts Mark’s last name into all-caps.)

The Badass Teachers Association held a rally outside the U.S. Department of Education on July 28, and several were invited to meet with staff at the Office of Civil Rights to air their grievances and see if they could find common ground. After some talk, some of which was contentious, Arne Duncan dropped in unexpectedly and joined the conversation, but said he would talk about only two subjects:

“Secretary Duncan after introducing himself, and saying that he could only stay for a few minutes, asked for two things; first if we could articulate our concerns about the Department’s policies on dealing with Special needs students, and secondly, if Shoneice and Asean could step out with him to talk about what was going on in Chicago.

“In response to his first comment, Marla Kilfoyle started speaking about her concerns about Department from her standpoint of the parent of a special needs student as well as a teacher. She said it appeared that Department policies were forcing school districts to disregard individual student IEP’s and exposing special needs students to inappropriate and abusive levels of testing.

“Secretary Duncan deflected her remarks by saying that the Department was concerned that too many children of color were being inappropriately diagnosed as being Special Needs children and that once they were put in that category they were permanently marginalized. He then said “We want to make sure that all students are exposed to a rigorous curriculum.”

“At that point, I interrupted him in a very loud voice and said “ We don’t like the word ‘rigor.” We prefer to talk about creativity and maximizing students potential.”

“Secretary Duncan was somewhat taken aback by my comments. He said “ we might disagree about the language, but what I want is for all students to be able to take advanced placement courses or be exposed to an IB (International Baccalaureat) curriculum.

“At this point, Larry Proffitt interrupted the Secretary and said that in Tennessee, Special Needs students were being abused and humiliated by abusive and inappropriate testing and that their teachers knew this, and were afraid to speak out.

“We were clearly at an impasse here, which the Secretary dealt with by saying he had to leave and asking Shoneice and Asean to step into the hall with him and continue the conversation.”

This is a small part of a fascinating report on the BATs meeting at the DOE. When people ask me why I support them, I say, “They speak truth to power.” Here is the proof. Too many educators are docile and compliant. They are not.

Please read the whole post.

Do you think that Arne Duncan really believes that the greatest need of students with disabilities is access to rigorous AP and IB courses?

Courtney Bowie is a senior staff attorney with the ACLU Racial Justice Program. In this article, she describes the ACLU’s efforts to stop discrimination against students with disabilities in Wisconsin’s voucher program. Privatization, she says, is promoting segregation and rolling back decades of legal advances for students of color and students with disabilities.

 

In Wisconsin and elsewhere, voucher supporters have fought efforts by the U.S. Department of Justice to oversee their voucher programs.

 

Bowie writes:

 

There are now over 20 states and the District of Columbia that use public funds to subsidize private school enrollment, whether it’s a tax credit for parents of students attending private schools or voucher programs, like the one in Wisconsin, that give a student a taxpayer-funded voucher worth a certain amount to pay private school tuition. These programs are touted as giving poor students, often in so-called “failing districts,” the same “choice” that wealthy students have. In Wisconsin and Indiana, these programs are springing up statewide and in public school districts that are not failing. The argument that these programs are an escape from failing school districts is rapidly falling apart as more and more programs are statewide and aimed at decreasing the tuition costs of students’ families who already can afford private schools.

 

As these public subsidies for private schools expand throughout the country, the civil rights umbrella available to public school students is at risk of folding. In some states like Georgia and Alabama, private schools benefiting from voucher or tax credit programs were founded as segregation academies to thwart federal integration efforts. While the program in Milwaukee and its school district serve almost entirely students of color, as “school choice” spreads around the country, the stage is set for these programs to become even more exclusionary and segregated. If states and local communities permit this to continue, they will cement the public funding of separate schools for only select groups of students, which evidence shows will disproportionately exclude racial minorities, students with disabilities, religious minorities, and LGBT students. This flies in the face of what we have known for the 60 years since Brown v. Board of Education — separate is not equal….

 

Voucher supporters in Wisconsin say Washington has declared war on them when it’s clear the Justice Department only wants to ensure school privatization doesn’t undermine the hard-fought gains of educational equity in the places most historically resistant to it. The only logical conclusion from this response is that voucher supporters fear oversight and want to continue to operate in a civil rights vacuum.

 

If that is their fear, then we know what the true purpose of Wisconsin’s voucher program is. It is to create segregated school systems, both in terms of race and in terms of disability. The result is a public school district deprived of the resources to educate its students and left with those most difficult to educate.

 

Stopping this from getting even worse would be a war worth fighting.

 

 

 

 

After Secretary of Education Arne Duncan announced new rules for special education, requiring higher standards and more testing for students with disabilities, many teachers and parents debated this course of action on the blog. This teacher in Florida offered some real-life experience to inform the debate and, perhaps, the Secretary:

“Let me start by saying that I am an ESE teacher. I teach students with learning disabilities and language impairments. The students I have are in the unit they are in because they are at least two grade levels below their regular ed peers in reading.

“Currently, in Florida, we already have to give these students access to the same standards that their on-grade level peers enjoy. That has been the case for years. We already know that Florida tests pretty much everyone, no matter their disability. Again, this has been the case for years. I can’t believe that in this education environment that there are many other states that are significantly different. And yet, Arne is going to say that these students aren’t getting a quality education? That they aren’t held to high expectations?

To me, it is pretty obvious that these students are held to much higher expectations than their regular ed peers. It would be like telling two mountain climbers that they have to reach the same peak, but one of them will do it with both hands tied behind his back. Sure, he can have some accommodations. Someone can hold his rope steady. Someone else can yell out supportive verbal encouragement. He can even take longer breaks, and we’ll take away any time requirement (as long as he finishes in the same day that he started).

“The world of special ed was already insane. I’m not sure where this takes us. As I said, in my class, the students are all at least two years behind in reading. What I didn’t tell you is that I teach in an elementary school. What this means is that many of these 3-5th graders are non-readers. The few that can decode are either doing so at a kindergarten/first grade level or at a level approaching grade level but without any comprehension whatsoever of what they have just decoded. Despite this, they have the same designation on paper (or computer) that other LD kids have who are just slightly behind their regular ed peers.

“In Florida, as I imagine is the case in other states, we already track academic progress. You might think it would be as easy as seeing what they are capable of doing at the beginning of the year and then comparing that with what they are capable of at the end of the year. Not so. Remember, they are working on the same standards as their regular ed peers. And, so, they are tested with the same tests that their regular ed peers take. This means that a fourth grader who cannot read anything above “see sam run” is being tested on those “rigorous” non-fiction passages that are on a fourth grade level (not the fourth grade level of yesteryear but the new, improved 6th grade, I mean 4th grade level of today). And then we track their progress on a graph. If you’re thinking that these graphs look like random peaks and valleys, you are correct. When you cannot read and you are given a test, you are just going to guess. Which is what these students do. Sadly, they have become so inured to this that they guess on the few items that they actually are capable of doing.

“The federal government is already involved through NCLB, etc. These students count towards AYP. They count towards the school’s “grade.” The schools have every reason to give these students everything they’ve got, so why aren’t the slackers doing anything to give them a “quality education”? Well, they are. Florida is an RtI state. To get an ESE label, a student has to show that they are “resistant to interventions.” That is, they have to show that they require extensive interventions, that if they are weaned off of the interventions, they regress. Or, they have to show that despite intensive, research-based interventions, they are still showing no progress. In other words, before these students come to me, they have already received every intervention imaginable. In addition, even after they are found eligible for ESE services, they are usually started in a less restrictive environment. If none of this has worked, why should it work when they get to my class? Indeed, it had to be shown that it did not work in order for them to get into my class in the first place.

“Alas, I’m afraid I do not have a magic wand or a bag of pixie dust with which to work miracles. So, what is an ESE teacher to do? Most of us actually work with the studennts where they are at. And we move them forward from there. There is no huge spurt of growth (very rarely anyway), but they do make academic gains. None of these gains will show up on the regular ed grade level assessments, but they are there nonetheless. We’ve often wondered why these students aren’t given meaningful assessments that will show growth and that will actually tell us where these students are still struggling (thanks, FCAT, I already knew they couldn’t read on grade level). Now we know why. It’s to show that these students aren’t getting a “quality education.”

“I would tell you that these students, who are as bright as you or me, struggle immensely with academic subjects. That they are usually Language Impaired as well. That most of them are also ESOL students. That most of them come from low SES homes. That most of them come from single-parent households. That many of these parents come in to thank us because their child used to hate school and now they want to go. That their regular ed teachers in the past told us that they wouldn’t do anything in class, that they would shut down when anything was required of them, and now they are working in class. That through a lot of hard work and effort of both the teachers and students, the students get to a point where they stop saying, “I can’t do this, I’m stupid.” That non-writers become independent writers (legible despite the many spelling, grammar, and convention errors). That non-readers become readers (yes, still way behind their regular ed peers) and learn to enjoy reading. I would tell you these things, but it doesn’t matter because none of it shows up on the tests. The tests show that these students are not making any gains. And, as we all know, there are no excuses.”

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