Archives for category: Special Education

Sarah Darer Littman watches in wonder as the Gates Foundation uses its billions to reorganize public education in Connecticut.

Their goal: more Achievement First charters, regardless of their high suspension rates for children in kindergarten and their poor record relating to students with disabilities.

Gates wants close collaboration with AF and other “high performing” charters. It wants them to be treated equitably, as if the generous support of Connecticut’s equity investors was not enough of a cushion.

What do they want? A dual school system of regulated public schools and unregulated charters, free to exclude, expel, or suspend any child?

Providence and the state of Rhode Island allowed a school to use developmentally disabled students to do manual labor for little or no pay.

Both the city and state received a stern letter from the Civil Rights Division of the U. S. Department of Justice.

“Both Providence and the state allowed the Harold H. Birch Vocational School to operate a “sheltered workshop” that segregated kids with disabilities from other students and denied them the opportunity for integrated employment when they completed their schooling, according to a letter from the Civil Rights Division of the U.S. Department of Justice.

“Birch obtains contracts with private businesses to perform work, such as bagging, labeling, collating, and assembling jewelry,” the letter stated.

“One former student stated that she was required to spend a much greater portion of her school day in the workshop, including full days, when the workshop had important production deadlines.”

Again and again, we hear the same story: charters excluding children with special needs. This is contrary to federal law. How do they get away with it? Where are the lawyers?

A mother writes:

My daughter is a mainstream student and has been attending Minnesota School of Science since they opened. For 2 years in a row I have been trying to enroll my son who is a special needs student but have been told by the school both years not to enroll him because the special education program is lacking and that my son’s needs will not get met and was told he is better off in a Minneapolis Public school not a charter school. This came straight from the mouth of the principal and two special needs teachers. I am glad they were honest enough to warn me that their special needs program sucks, but what does that mean for the children already enrolled? That their needs are not being met and that they are being under educated?

A teacher explains how useless high-stakes testing is for some students, and for this one student in particular:

He writes:

In response to a state standardized test question about analyzing the author’s use of hyperbole, a student of mine recently responded with one brief sentence: “I don’t know what analyze means.” This student (who receives special education services) sat with his head down for most of the testing session. I was struck by the fact that he felt compelled to finally lift his pencil and scribble this when he could have easily just turned in a blank test booklet. It tells me that, even at a school that does not emphasize the importance of these tests (like ours), they are stressful and demoralizing to students. Students’ self-esteem is damaged and they feel the need to explain why they can’t produce a satisfactory answer. Mainly, it reminds me that these tests are a huge waste of time and resources that could go toward engaging students in actual learning.

But what does it tell them?

A test scorer looking at this student’s response would conclude that the student’s response is “totally incorrect or irrelevant or contains insufficient information to demonstrate comprehension (0 points).” Same for most of this student’s other answers. So, he’s got a “below basic” achievement level in “literature,” according to the test. Most people could tell you that by listening to the kid read aloud for one minute. So what else can we gather from his poor performance? He’s probably not learning anything in school? Doesn’t keep up with the assigned readings? Doesn’t finish any of his writing assignments? His teachers must not be addressing his unique learning needs by teaching him all the state instructional standards… I bet he attends one of those “corrective action” schools that have failed to meet AYP measures over and over… (Hey, we should close all those schools!) …if he even attends at all.

The reality is that he attends an alternative high school that doesn’t believe in testing their students in the traditional way. Instead, this student demonstrates his learning through the completion of a multidisciplinary project each semester. His project is based on real world learning that he engages in at his internship at a reputable local motorcycle shop. Last semester, with the guidance and support of his internship mentor, he built a “go-ped” motor scooter from scratch using technical schematics that most of us would be hopeless at deciphering. He collected data on the cost of all the materials as well as retail pricing and crunched the numbers to determine how much he could reasonably charge for his product. He researched and wrote an essay on the inadequacy of driver education programs, presenting evidence from several studies that showed that teen drivers are largely unprepared for emergencies on the road. He developed a hypothesis and and analyzed the results of a science experiment that involved taking samples of and growing bacteria in a petri dish (How “dirty” are those go-ped handlebars anyway?). Instead of a final exam, he created and delivered an exhibition where presented evidence of all of this learning to a group of his teachers, mentors, and peers. Pretty amazing accomplishments for a student who is “below basic,” I’d say.

I keep this student’s response to the “analyze” question in mind as a good example of why these tests pretty much useless.

This post reminds us that literature speaks to us about life in ways that informational text can never do. That is why a story like Yertle the Turtle resonates with us long after we first read it and long after the informational text has been forgotten.

The post is about a kindergarten teacher. He is worried about how the Common Core will affect the children with the greatest needs.

The Edwin F. Mandel Legal Clinic of the University of Chicago and a major law firm sued the Chicago Public Schools in federal court on behalf of students with disabilities and African American students. The closing of their schools, the lawsuit claims, has a damaging and disparate impact on these students.

In one lawsuit, the lawyers state:

“In violation of Title II of the Americans with Disabilities Act (ADA), the defendants propose to carry out the closings of 53 elementary schools in a manner that does not permit a timely and orderly process either for the proper review and revision of the individualized education programs (IEPs) for the plaintiff children and over 6,000 other children in special education programs or for the extra services and counseling such children require to make the difficult transition to unfamiliar schools and unfamiliar teachers and students. By putting off their decision on the closings to the eleventh hour, or the very end of the school year – for the largest closing of public schools in American history – the defendants place the plaintiff children and other children in special education at far greater risk than their non-disabled peers. The late date makes it impossible to conduct the closings without significant disruption to the programs in which these children participate and without adequate provision for the special safety risks faced by children with disabilities. In violation of federal law, this late, ill-timed, and ill-prepared program for the closing of 53 elementary schools will have a discriminatory impact upon the plaintiff children and other children with disabilities, compared to their non-disabled peers.”

The second lawsuit charges the school board, Barbara Byrd-Bennett, and the city not only with violating the Americans with Disabilities Act, but engaging in racial discrimination:

“I]n violation of Section 5 of the Illinois Civil Rights Act of 2003 (ICRA), 740 ILCS 23/5, and by repeatedly selecting African American students to bear the costs of the closings, the defendants have unlawfully used “criteria and methods of administration” that have the “effect” of subjecting the plaintiffs’ children and other African American children represented by the plaintiff parents to discrimination because of race. In conducting closings since 2001, the defendants have used various shifting criteria that they allege to be race neutral but that always have the effect of singling out poor and marginalized African American children to bear the educational and human costs of the closings. For the 72 schools that defendants have closed to date, African American children make up more than 90 percent of the displaced children; and in currently proposed closings, they make up more than 80 percent of the displaced children. Yet African American children constitute only 42 percent of the children in the public schools.”

A reader in Michigan insists that the for-profit charter operator in Muskegon Heights obey the law protecting students with disabilities. If every activist did the same, it would force the charters to serve all children. She should get the ACLU to help her.

“If you look up Michigan legislator in the thesaurus it directs you to “stupidity” with a footnote to see the Term Limit fiasco of 1992. That being said, for those against the Charter movement MI charters were delivered a fairly major setback this past Thursday.

“I filed a formal complaint this past January against the Mosaica-run Muskegon Heights Public School Academy (first all-charter district) pursuant to alleged violations to the IEPs of every student age 3-26 and on 10 substantive violations. The soup to nuts (or rotten eggs) of special education violations. The MI Dept. of Ed found NONCOMPLIANCE for ALL 10 allegations. The director of special education was fired 6 weeks ago over this complaint (and a second for children, birth to age 3 that will be out in several weeks) and corrective action that includes compensatory education for the students has been ordered.

“This complaint highlights (or lowlights) the complete failure of Mosaica and these Charters to deliver even a semblance of a free appropriate public education. I will next file a complaint with the U.S. Dept. of Ed Office of Civil Rights and allege the denial of FAPE. So while I have never met a parent in this regurgitated emergency manager-run district…score a victory for the children…and those of us fighting for public education.”

On May 17, 1954, the U.S. Supreme Court declared that segregation of the races in public school was unconstitutional. At the time, segregation was the law in 17 states and many districts.

For years, the states where segregation was outlawed resisted the court decision. Their favorite ploy was school choice. They knew that school choice would preserve racial segregation because whites would choose to stay with whites, and blacks would be fearful of applying to white schools, where they would face a hostile climate, harassment, and even violence.

The Supreme Court and lower federal courts overturned the many strategies enacted to evade the necessity of desegregation.

But that was then,and this is now.

Now, billionaires proudly sponsor segregated schools. Now, cities and states authorize all-black, all-Hispanic, all-white charter schools without embarrassment.

The UCLA Civil Rights Project says that racial resegregation is on the rise, for blacks and Hispanics.

The federal government–most especially, the U.S. Department of Education–doesn’t care about racial segregation any more. Nor does it have an active interest in discrimination against students with disabilities. When the ACLU recently won a ruling against voucher schools in Milwaukee that excluded students with disabilities, it went not to the Office of Civil Rights in the Department of Education, but to the U.S. Department of Justice. When the U.D. Government Accountability Office issued a report criticizing charter schools for their mall proportions of students with disabilities, James Shelton of the U.S. Department of Education said something like, “we’ll have to look into that.” That was the last heard from this Department.

Those who care about the resegregation of public education and discrimination against students because of their disabilities will have to wait for another administration that also cares about fairness, equity, and the principles enunciated on May 17, 1954. This one does not.

In an earlier post, a teacher in Tennessee wrote critically about the PARCC assessments of the Common Core. The teacher said that the assessments did not permit accommodations for students with disabilities.

Chad Colby of Achieve, one of the organizations responsible for developing the Common Core, says that these claims are wrong.

He writes:

“The information presented in this post is factually incorrect.

“Students with disabilities will have access to accommodations on the PARCC assessment. A draft accommodations manual is currently out for public comment: http://www.parcconline.org/parcc-releases-draft-accommodations-manual-public-comment and we encourage parents and educators to review and give feedback.

“Also, IEP teams will still determine what accommodations students with disabilities should receive. It’s the law.

“From the Individuals with Disabilities Act Regulations:

http://idea.ed.gov/download/finalregulations.html

“In §300.320(a)(6), it states that the IEP must contain:
(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with §612(a)(16) of the Act”

Chad Colby – Achieve
(202) 419-1570
(202) 297-9437 cell

Louise Marr sent this from her book:

**********£*******
“Every spring, the Philadelphia public school students take the standardized tests, or PSSAs. (Starting in 2013, the district has switched to a different test called the Keystone Exams.) These tests are a huge part of how schools are evaluated and rated. It is from these scores that Annual Yearly Progress (AYP) is determined. There is a big push to prepare the eleventh graders for the tests from the beginning of the year to test day, usually after the first of the year. This particular year at Vaux, the students took the test over a course of several days. They were divided into several different classrooms for three to four hours in the morning, with two teacher proctors per room. All eleventh graders take the test, even the SPED students. Schools across the country take statewide tests very seriously, because of the implications that they present. In the five high schools where I have taught, there has been a common atmosphere at test time: the school is quiet and rules must be strictly enforced. In the classroom that I proctored at Vaux, it was sometimes a challenge to maintain the serious atmosphere.

There were five students in the room I proctored. Four were SPED students. One was MMR, and read at first grade level. He was given the same test. After a few minutes, he put his head down, because he did not understand the reading. Teachers are not allowed to help, only to say, “Do the best you can.” He didn’t even bother to ask.

Takierrah and Courtney were working on their tests, until Courtney looked up and caught Takierrah looking at her.

“Stop looking at me!”

“You’re ugly, I will f*** you up.” “I can’t stand your black ass.” “You’re black too!”

“No, I’m light-skinned.”

“You’re still ugly.”

“I’m cuter than you.”

“Get outta my face.”

“I’m not in your face, because if I was, I would f*** you up.”

They did manage to settle down without a physical confrontation,
but this scene made a huge impression on me. These tests would be used to evaluate the progress of our school. They were obviously way above the comprehension level of the Special Education students, yet the students were not given any accommodations at all. When I asked an administrator about this, she just shrugged, “That’s just the way it is.”

From the book, “Passed On: Public School Children in Failing American Schools”
by Louise Marr. Chapter 3: No Longer a Special Education

Follow

Get every new post delivered to your Inbox.

Join 59,121 other followers