It has been widely reported that charter schools enroll fewer students with disabilities and few of the students they enroll have severe disabilities.
The California Teachers Association and the United Teachers of Los Angeles reviewed public records to document the enrollments of students with disabilities in charter schools in San Diego, Los Angeles, and Oakland.
The study is titled “State of Denial: California Charter Schools and Special Education Students.”
The study found that charters enroll fewer students with disabilities than public schools. Charter enrollment is 11% compared to more that 14% in public schools. Furthermore, charters enroll fewer students with severe disabilities. They avoid the students who are most expensive to educate. Consequently these charter policies cost the three districts between $64 million to $97 million each year.
In some of the charter networks, fewer than 10% of students are entitled to special education services. One celebrated charter in Oakland, the American Indian Model Schools, known for its high test scores, has fewer than 3%. The 12 Rocketship charter schools enroll only 7.34% students with disabilities. The two charters created by former Governor Jerry Brown in Oakland enroll fewer than 10% of students with disabilities.
CONCLUSIONS:
Advocates for students with disabilities have long held that charter schools do not enroll, and therefore do not serve, students with disabilities at the same levels as public school districts—either in overall enrollment or level of need—which leads to a greater fiscal impact for public school districts.
Our analysis affirms these concerns for the first time in the three California school districts we examined. Because of the structure for funding special education in California—which arguably disincentivizes enrolling students with disabilities in charter schools by funding based on total enrollment, and not need—we have no reason to believe that similar results would not be borne out in other districts throughout the state.
These findings are particularly important at this point in time in California, when a growing body of evidence shows that the rapid growth of charter schools has led to growing fiscal impact for public school districts. As policymakers at all levels of government weigh how to best meet the needs of California students equitably, we hope they will take these findings into account.
CONSIDERATIONS FOR POLICYMAKERS
The aim of our report was to provide an in-depth analysis of special education enrollment to quantify the anecdotal evidence so often cited by public education advocates. However, our analysis affirms the need for policy changes brought forth by advocates that would begin to address the inequities described in this report. The following represent just a few of those proposals:
1. Increase Federal Funding for Special Education: Perhaps the most obvious solution to these inequities would be for the federal government to meet its original 1975 obligation to fund 40 percent of public special education costs. This language is already in federal statute and requires only the political will to push Congress to budget the necessary resources. Federal lawmakers should make the original promise the absolute floor, rather than the ceiling, of funding for students with disabilities.
2. Federal Civil Rights Monitoring: The Office of Civil Rights within the US Department of Education must independently and proactively monitor student access to and service within charter schools across the nation. While some states are capable of effectively monitoring their education systems for civil rights abuses, the federal government’s total abdication of this power to prioritize equity and access has not, and will not, lead to a safer and more responsive system for students and their families.
3. Accountability and Oversight by the CA Department of Education (CDE) and Authorizers:
The CDE should hold accountable both the charter schools that are underserving special education students, and the authorizers who are responsible for their oversight. This would not be the first time a state has moved to protect the rights of special education students, as the New York State Education Department’s Office of Special Education recently investigated and concluded the practices at Success Academy Charter Schools were violating the civil rights of special education students under the Individuals with Disabilities Education Act. Both Success Academy and the New York City Department of Education (Success Academy’s authorizer) were held accountable and corrective action was required.8
4. Re-Examine California’s Model for Funding Special Education to Account for Special Education Enrollment Disparities Between Districts and Charter Schools: California’s system of allocating special education funding based on total student population counts, as opposed to targeted counts of students by special education eligibility categories, has led to harmful fiscal impacts for the school districts we studied due to charter schools significantly under-enrolling these students. We have no reason to believe the results would be different for other districts.
This funding model makes two critical assumptions: that need does not vary by network or location, and that all schools are open to serving all students. These assumptions require further serious investigation because the current system actively discourages charter schools from both identifying students with disabilities, and perversely incentivizes the creation of barriers to access through enrollment.
5. Require Charter Schools to Join the Same SELPA as the District in Which They Are Located:
California policymakers should return the responsibility of coordinating special education services for charter schools to local Special Education Local Plan Areas (SELPAs), and end the practice of allowing charter schools to opt-out of their local SELPA in favor of remote charter- only SELPAs that are sometimes hundreds of miles away.
As it stands, from a functional perspective, a student moving between schools within the same local area may have inconsistent accommodations and experiences due to schools belonging to different SELPAs. This undermines continuity of services, which is of utmost importance for special education students. This opt-out also undermines the fiscal stability of local school districts which, as our analysis found, are serving a disproportionately larger share of special education students without a larger share of funding.
6. Conduct Educational and Fiscal Impact Analyses When Considering New Charter School Petitions and Renewals: As fiduciaries of their local education agencies, and as elected officials entrusted to protect all students’ best interests, charter school authorizers must make economic and education impact analyses an essential part of both the charter school authorization and reauthorization processes. Elected officials, the authorizing body, and the public must have independent information about the impact of opening a new charter school in an established education community. Information should cover the full learning needs of all students, including essential topics regarding enrollment, retention, discipline, and the financial impact on the community and the neighborhood’s public schools. Districts must be allowed to use the findings of these impact reports as justification for denying new charter school petitions that will have an adverse fiscal impact on district programs and services.
7. Charter School Site-Based Special Education Committees: Coupled with both state and local governance oversight, charter operators themselves can take a proactive role to ensure they are open to and meeting the needs of all children in the community in which they operate. Each charter school campus should create a site-based special education committee. As those who spend the most time with special education students, both educators and parents are uniquely positioned to lead these committees.
Our small CA district is 20% special ed. I think this is exceptionally high.
Charters and Vouchers are about Jim Crow.
Name these disgusts.
Here’s an article from the Sac Bee about this report:
https://www.sacbee.com/news/politics-government/capitol-alert/article234199727.html
Here’s a convenient one-page summary of the report — for quick look:
Click to access state_of_denial_1-pager_final.pdf
Here’s the report itself — for a deeper dive:
Click to access report_-_final.pdf
This is free market meritocracy. It’s long been the goal of right-wingers (including the ones who call themselves “moderates” who “lean” left or right) to stop the moneyed fortunate from helping the less fortunate. Charter schools take from those born in the batter’s box to give to those born on third base. It’s no mistake.
Superb analogy!
well said
It is against everything the charter movement stands for to expect them to enroll high needs students. Since charters judge themselves on getting good test scores and spending less money, enrolling kids who have disabilities directly undermines every goal they have.
I don’t know why anyone ever expected charters to do exactly the opposite of what the market demands of them. Charters are all about the free market and the free market demands that they try to educate as few kids with disabilities as possible unless the disabilities are so mild that having those kids will not interfere with the charters’ primary goal which is to get good test scores and spend less money.
Why do we even have charters anyway? Oh yes, because billionaires who hate public schools see them as a way to undermine public schools. I don’t know why they just didn’t fight for vouchers since they are guided by the free market being superior to all else. Charter advocates should also be supporting throwing out Medicare and giving all seniors the exact same voucher and letting the “free market” find an insurance company that wants to insure them. There is absolutely no difference in incentives and I expect that deep down, every charter CEO has as much sympathy for those sickly senior citizens who no market driven health insurance company wants to insure as they do for the kids who no market driven charter school wants to teach. In both cases, those senior citizens and children are easily expendable when you worship the free market and the riches it brings when the billionaires who support you financially reward your disdain for those “customers” who do not help you achieve your free market goals.
Yep. It makes no sense whatsoever to have dual, competing systems for the delivery of public services. None, unless destroying the delivery of public services is the goal.
When that whole controversy came out around the segregation of Bayside MLK and Willow Creek Academy (the local charter) in Marin county, the WCA parents were all making a big stink over money, and why do those other people’s children get more money, and how unfair that all was. I pointed out that there are 25% special ed at MLK and less than 10% at Willow Creek. If you want more of my tax money, bring your schools back together and help out those less fortunate. They are part of your community, too….sheesh…bunch of whiners…
Actually, those schools are district-funded, so I guess they aren’t really getting my tax money, but still….must be nice to have so much property tax money that you can fund your own school district with it…
And this outrage was published in the Aug 21, 2019 LA Times: https://www.latimes.com/california/story/2019-08-20/la-schools-regain-full-control-of-programs-for-its-64-500-disabled-students?
Outside supervision is still necessary and I urge all families in LAUSD who have children with Individual Education Plans (IEPs) to attend the September 25th Independent Monitor’s Hearing. http://oimla.com/ If unable to come, please send an email or letter stating your concerns to the Independent Monitor. http://oimla.com/contact.htm I was involved with the Special Education Community Advisory Committee from 1996/97 until March 2014. The Decree caused LAUSD to start collecting data through their Welligent System (still a mess) because until that time, the District had no idea who was serving which children where and how it was done. What happened with Welligent is that the District became proficient in writing “compliant-looking” IEPS. Just because a child HAS a behavior plan, does not mean anyone is actually IMPLEMENTING it as required or is properly trained to do so.
I was there when in 2008, all schools received stimulus funds through the American Recovery and Reinvestment Act (ARRA). Of all the disbursements, only the funds allocated for special education through the Individuals with Disabilities Education Act (IDEA) pot came with a bonus for all school districts. IF they were compliant with IDEA, they were allowed to take “up to 50%” of the special education funding for their general fund. Of course LAUSD and all school districts claimed they were fully compliant (this while still screwing up under the Modified Consent Decree), taking the full 50% and more money from special needs children. The funding has never been the same and the District learned how to starve the department under Cortines. Many experienced and highly qualified people took early retirement packages when offered and I saw cut after cut after cut with the Dept of Special Education until it was a shadow of what it once was. Those special education employees who are still working claim that there has been less professional development and less support staff available for local schools since the recession.
As an advocate for special needs families the last 20 years, I’ve noticed that staff is less aware of the law and what their legal responsibilities are. My last IEP had the caseworker unclear of how to write goals. We ended the meeting to reconvene in a week or so after he asked ME to write goals. I did so, emailed them to him and he said “we can’t expect teachers to do that!” Rather than work with an advocate who was basically doing his job for him, he told me the school would refuse to write meaningful goals because the teachers wouldn’t like doing their jobs, either (Note this was a charter high school). This is the new normal and it is NOT normal, but typical with what I’ve seen lately.
The Consent Decree concentrated on data to prove compliance, but I’ve had families compare their service data to logs provided by 1:1 aides and found that data has been input to show services were provided when they were not. In one case, a child who was absent on one reporting day supposedly had two different speech therapists provide him services that overlapped each other by 15 minutes. Quite a trick. This same family had an entry in a behavior service log stating “weekly phone consultation with the parent”. I asked what was discussed in these phone calls and the parent said; “That agency has NEVER called me!”. One aide told me she was ordered by her principal to input service log data IN ADVANCE for her 1:1 student who was medically compromised and had many absences. When she balked and said she was uncomfortable doing so, her job was threatened. Another teacher offered to commit the fraud for her. (Note this was a charter elementary school).
The data being used to remove themselves from the Decree is faulty and flawed. The District is more non-compliant these days than ever. This is an end-run around the rights of the students with disabilities. Shame on all of those who pushed to remove themselves from this. It’s an absolute JOKE to have the district think they’ve done a great job and can function on their own. They’ve been in denial since 2008 with Cortines and it continued under Deasy (who decimated the Special Education Dept on his watch) and now Beutner who knows diddly squat about education or the special education needs of our students with Individual Education Plans (IEPs). Families need to file a new Civil Rights Lawsuit.