Archives for category: Special Education

The legislation passed by the House of Representatives aims to cut Medicaid by $880 billion over ten years, and a relatively small but significant chunk of that money pays for special education services in schools.

The new law would cut Medicaid by $880 billion, or 25 percent, over 10 years and impose a “per-capita cap” on funding for certain groups of people, such as children and the elderly — a dramatic change that would convert Medicaid from an entitlement designed to cover any costs incurred to a more limited program.

AASA, an advocacy association for school superintendents, estimates that school districts receive about $4 billion in Medicaid reimbursements annually. In a January survey of nearly 1,000 district officials in 42 states, nearly 70 percent of districts reported that they used the money to pay the salaries of health care professionals who serve special education students.

Republicans say federal health programs must be restructured to curb their soaring costs — the biggest driver of projected budget deficits — and force a smarter allocation of limited resources.

But in a letter sent to top lawmakers this week, a coalition of school educators and advocacy organizations said such efforts would force states to “ration health care for children.”

The advocates argued that under the House bill, the federal government would transfer the burden of health care to states, which would result in higher taxes, eligibility cuts or curtailed services for children. And they said that schools would have to compete for funding with other entities, like hospitals and clinics, that serve Medicaid-eligible children.

The ability of school systems to provide services mandated under the federal Individuals With Disabilities Education Act would be strained. The law is supposed to ensure that students with disabilities receive high-quality educational services, but it has historically been underfunded.

“School-based Medicaid programs serve as a lifeline to children who can’t access critical health care and health services outside of their school,” said the letter sent this week by the Save Medicaid in Schools Coalition, which consists of more than 50 organizations, including the American Civil Liberties Union, the Disability Rights Education and Defense Fund, and the School Superintendents Association.

It is time for all concerned about children with special needs to contact their Senators and make sure that this cut to the most vulnerable children is eliminated. When Congress mandated that school districts include children with disabilities, it promised to pay 40% of the costs. It has never come close to fulfilling that promise. This cruel cut by the House of Representatives would shift even more of the burden for a Congressional mandate to the schools.

You know about the camel’s nose under the tent? That’s the game that Texas Republicans are playing in an effort to establish a foothold for vouchers. They have copied this tactic from other states. It goes like this: We don’t want vouchers for everyone; we want them just for this very small, very needy, very deserving group of children. If they get that bill passed, within a year or two, another group is added, then another, then another, until vouchers are available for everyone.

Just weeks ago, the Texas House of Representatives, firmly in the hands of Republicans, defeated the Senate’s voucher bill. It was widely assumed that vouchers were dead for this year. But, no, Senate Republicans added a voucher program only for children with disabilities to an important school finance proposal. Its advocates choose to ignore the fact that children with disabilities are protected by federal law in public schools, but not in private schools. They also ignore the fact that private schools for children with disabilities are far more expensive than the voucher they will offer.

The Senate’s version of the bill does not not yet have a legislative fiscal note. The Center for Public Policy Priorities estimates that it could mean about $8,300 for students to use with about $450 going back to the district.

With no income qualification cutoffs attached, the group estimates that Texas schools could lose about $37 million annually after the first year of ESAs if just 1 percent of eligible students used them.

Supporters of public education were happy about the school finance proposal, but they had to backtrack on their support when they saw that the Senate had added vouchers to the bill. For the public school supporters, this is a poison pill. Given the strong opposition to vouchers in the House, there is a good chance that the Senate voucher provision will not survive.

The members of the House must decide if they want the camel’s nose to enter the tent, knowing what will come next.

Adam Bessie (writer) and Erik Thurman (artist) have created a graphic essay that explains in a series of drawings the consequences of school choice and how it affected students with disabilities in New Orleans. Their graphic essay is especially pertinent at a time when the U.S. Secretary of Education Betsy DeVos is an evangelist for school choice and indifferent to the consequences.

I recommend that you see it. It illustrates the adage that a picture is worth 1,000 words.

I don’t begin to understand the complexities of Pennsylvania’s formula for allocating dollars to public schools and charter schools, but this article explains how the formula cripples public schools.

Chester Upland School District keeps raising taxes to overcome its deficit but it can’t keep up.

Chester Upland spends about $16,000 a year on average for each special ed student in its traditional district schools. But the state’s formula has forced it to pay more than $40,000 per student to charters, regardless of the child’s level of disability.

Those payments crippled Chester Upland so badly that Gov. Tom Wolf and the courts stepped in.

But this is far from just an issue in Chester Upland. Newly analyzed state data show that a combination of quirks in the charter law have caused a statewide problem, because charters across Pennsylvania are enrolling a greater share of the least needy, least costly special ed students.

The special ed funding formula’s intricacies are infamous. But the problem in a nutshell is this: when the neediest students concentrate in district schools, that drives up the per-pupil payments that districts must pay charters.

It’s a paradox that can drain the budgets of traditional school districts while infusing charters with cash. And it creates incentives for districts like Chester Upland to do what they can to keep special ed students from migrating to charters and cyber-charters.

According to her press office, Betsy DeVos was supposed to visit the CHIME Institute’s Schwarzenegger charter school in Woodlands Hills in Los Angeles on May 1. But she canceled unexpectedly the day before, citing a schedule conflict.

I assumed she was called to meet with Trump or had a family emergency that kept her in D.C. Those things happen.

But according to the ED website, she was in Los Angeles on May 1.

Here is her schedule:

Monday, May, 1

12:15 p.m.
Secretary DeVos participates in the Lunch with Education Leaders at the Milken Institute Global Conference
Los Angeles, CA
Closed press

2:30 p.m.
Secretary DeVos participates in a conversation moderated by Lowell Milken at the Milken Institute Global Conference
Los Angeles, CA
Please contact the Milken Institute for additional guidance and access

Obviously she preferred to attend a closed door meeting with the billionaire Milkens, who started the failing K12 Inc. cyber charter chain.

Maybe she was afraid of protests. The word about her scheduled visit was spread to Indivisible groups on social media.

http://www.latimes.com/local/education/la-me-betsy-devos-visit-los-angeles-20170428-story.html

Too bad she didn’t visit the school. Its specialty is integrating children with special needs into all classrooms. DeVos had a chance to learn. Although she probably would have taken away confirmation of her prior belief that school choice is best for everyone, and remain unaware that many charters exclude children with disabilities and voucher schools are not required to abide by federal law protecting them.

This is a must-read.

The Momma Bears of Tennessee are ferocious in protecting their children against corporate reform.

In this post, they excoriate the National PTA for selling out the interests of real parents and deferring to the powerful.

The National PTA supports Common Core and high-stakes testing; it opposes opting out of tests.

“As Momma Bears, we are beyond frustrated with TNReady testing. Every year, it’s one testing fiasco after another. Already, reports are coming in this year that the test booklets and answer sheets don’t line up. It’s just another source of frustration for our children. So, its no wonder that more and more parents are wanting to opt their children out of testing. Unfortunately, the Tennessee Department of Education refuses to recognize that parents do have opt-out rights.

“​So, wouldn’t it be great if we had a state law that settled things once and for all by giving parents the explicit right to opt out of standardized testing?

“YEAH!!! Momma Bears would love to see a law giving parents explicit opt-out rights!!! But guess what?

“​If you are a Momma Bear PTA leader, you are not allowed to publicly advocate for legislation allowing parents to opt out of standardized testing. That’s right. A couple of dozen uppity-ups in the National PTA all got together last year and decided that parents didn’t want the right to opt their children out of testing.

[National PTA said:] “National PTA does not believe that opting out is an effective strategy to address the frustration over testing. Mass opt-out comes at a real cost to the goals of educational equity and individual student achievement.”

“We know, parents are scratching their heads on that one!! When did dues paying PTA members vote to oppose a parent’s right to opt their children out of abusive standardized testing?

“Oh, yeah, they didn’t. Nope. There wasn’t a vote. PTA members did not approve this position statement.

“Instead, the PTA uppity-ups aligned with the U.S. Chamber of Commerce to oppose parents who wanted the right to protect their children from abusive testing. While the PTA attempts some lame plattitude about supporting parental rights, it’s clear the PTA thinks that parents only get to decide what’s best for their kids when it doesn’t run afoul of the U.S. Chamber of Commerce.”

Why did National PTA become cheerleaders for Common Core? Was it right after receiving a grant from the Gates Foundation in 2009 to promote Common Core?

The Mama Bears say:

“Now, we know why the PTA likes to say, “it’s not your Momma’s PTA” because our Momma’s PTA actually taught parents to advocate for the best interests of their children. Today’s PTA is nothing more than a corp-ed shill who wants to push parents right out of the decision-making process.”

Bill Quigley, associate director of the Center for Constitutional Rights and a law professor at Loyola University at New Orleans, reports on a hearing held by the NAACP where students and parents in the New Orleans charter school system expressed their anger at the segregated and unequal education provided to black students.

As he puts it, everything that is wrong with the New Orleans charter schools was on full display.

He writes:

“We really wanted to share what happens in our schools” writes 18 year old Big Sister Love Rush in an article on the challenges the students face. “How the few permanent teachers we have work so hard for us, how so many classes are ran by short term substitutes, how food runs out at meal times, and how we worry if our school’s reputation is good enough to support us in getting into the college or careers we want. We shared how we face two hour commutes to and from school, are forced to experiment with digital learning with systems like Odyssey, are punished for having the wrong color sweater, or how we worry about being able to attend a school that will give us the education we need.”

In summary, the NAACP heard that they charter system remains highly segregated by race and economic status. Students have significantly longer commutes to and from school. The percentage of African American teachers has declined dramatically leaving less experienced teachers who are less likely to be accredited and less likely to remain in the system. The costs of administration have gone up while resources for teaching have declined. Several special select schools have their own admission process which results in racially and economically different student bodies. The top administrator of one K-12 system of three schools is paid over a quarter of a million dollars. Students with disabilities have been ill served. Fraud and mismanagement, which certainly predated the conversion to charter schools, continue to occur. Thousands of students are in below average schools. Students and parents feel disempowered and ignored by the system.

The changeover from public schools to charter schools began with the mass firing of every teacher and the elimination of their union. The experienced teachers were replaced by Teach for America. The proportion of black teachers in the classroom fell from 3/4 to 1/2.

New Orleans now spends more on administration and less on teaching than they did before Katrina. One charter school executive, who oversees one K-12 school on three campuses, was paid $262,000 in 2014. At least 62 other charter execs made more than $100,000. This compares with the salary of $138,915 for the superintendent of all the public schools in Baton Rouge.

Admissions have been dramatically changed. In the new system, there is no longer any right to attend the neighborhood school. 86% no longer attend the school closest to their homes. Siblings do not automatically go to the same school, and no one is guaranteed a spot at their local school. Many families are frustrated by the admission process.

Seven select high performing schools do not use the system wide application process, called ONE APP. The “lotteries” run by these super select schools are not transparent but complex screening devices. The most selective, highest performing, and well-funded charter schools have many more white children attending them than the system as a whole as a result of special non-transparent admission processes. This is so well known that a local newspaper article headlined its article about some of the schools as “How 3 top New Orleans public schools keep students out.”

This special admission process has significant racial impact. Most white students in public schools attend selective public schools that administer special tests that students must pass to be enrolled. Tulane University reported the charter system in New Orleans remains highly segregated in much the same way as before Katrina. This seems to be reflective in schools across the country where the charter school movement has been charged with re-segregating public schools. One select New Orleans charter school, Lusher, reported its student body was 53% white, 21% economically disadvantaged and 4% special education in comparison to the overall system which is 7% white, 85% economically disadvantaged and 11% special education.

Another result of eliminating neighborhood schools is New Orleans students now have nearly double the commute and the system is paying $30 million to bus students compared to $18 million before Katrina. Dr. Raynard Sanders notes the elimination of neighborhood schools can be observed in the early morning hours. “We now have thousands of children beginning their school day travel at 6:15 and ending at 5:15 PM, with many students spending hours or more traveling to and from school. This insane strategy puts kids in harms way daily as students cross major thoroughfares in the early morning hours, which resulted in one five year old’s death to date. Despite numerous complaints from parents stating they want neighborhood schools state education officials have ignored their cries and continue this dangerous daily student migration.”

What was unusual about this hearing was that it featured the voices of students and parents, not experts and foundation executives.

A follower of this blog contacted me recently to share a video on YouTube that outraged her. She explained that she is blind and so are her two children.

She is also a lawyer, who has overcome many obstacles to achieve an education and a profession.

She was outraged because this video featured a young man who said he was blind and that he was unable to get the support he needed in public schools. He was educated, he said, in a private school. He is a remarkable young man who is a champion golfer despite the loss of his vision; he now attends USC.

She wrote that both her children had been educated in public schools, and what she heard from the video was not true.

A blind guy, college student and champion golfer, waxed poetic about his opportunity to go to college because he was fortunate to have parents who could afford to send him to private school, which in California, (he maintained), is the only way he could get such opportunities. He said that he received services that the public school could and would not provide; they had “tried” that route. I wish I knew who to contact to get an opposing ad done with me and my kids, all of whom excelled in public school; the general public needs to know about the IDEA. Clearly, Betsy DeVos cannot tell them, as she knows nothing about it and wouldn’t care if she did.

The truth is that private schools, charter schools, and voucher schools are not required to meet the requirements of the federal law called the Individuals with Disabilities Education Act. Students who leave public schools abandon their federal rights, a point made recently in an investigative article in the New York Times.

So, here is the lowdown. This video appeared on a YouTube channel called PragerU. PragerU espouses the views of Dennis Prager, a rightwing talk show host. There is no “university” with that name. If you scan the videos on the PragerU site, you will find they are all shout-outs for anti-government propaganda. Since he is now 68 years old, I assume he will decline Social Security and any other government benefits.

This post was written by a woman in Indiana who requested anonymity to protect the identity of her step-son.

The Reality of Indiana Vouchers

My husband’s child goes to an expensive private Catholic high school in Indianapolis. By a divorce agreement, my husband must pay for the child’s education at this school. To respect privacy, I will call the child “A.” If the administrators of the school were to figure out that A was the subject of this account, A would be expelled even though there are only a few weeks to graduation.

A started at the private school in the 2013/14 school year. At the time, my husband had the financial resources to pay the $20,500 per year tuition and fees. Cancer put an end to his career in the middle of A’s 9th grade school year and suddenly the ability to pay for this school by a court order was in jeopardy. After a discussion with the business office at the private school, it was determined that my husband would qualify for financial aid, but he would have to apply for the state voucher to get the financial aid. My husband had a very public career where he spoke out against vouchers and worked in politics to defeat voucher legislation. Even though he was politically and morally opposed to the vouchers, he was in a position where he had to participate.

“A“ had difficulty with the school from the very beginning of the Freshman year. Teachers often reminded A of the exclusivity of the school, and how A was lucky to be attending, as a reprimand for poor performance in their classes. A’s mother and my husband were encouraged to have A evaluated, and the determination was made that A was depressed and needed counseling. The school psychologist told A and the parents that they should not reveal the depression to the school because A would most likely be “kicked out,” and not allowed to finish the year.

The psychologist changed the diagnosis to ADHD, the mother put A on medication and A was required to be enrolled in the school’s “Learning Center,” a resource room for students with special needs. My husband and the mother of A asked for an Individual Education Plan (IEP) for A, but the school failed to provide the IEP, and there was never any goal or plan for A in the Learning Center, only that A have access to the center. The Learning Center added an additional $2,500 per year to the cost of the school and was often short staffed by only one teacher for over 200 students.

“A” was required to take AP classes and the tests for the AP courses. Although A always scored well on tests, classes were a struggle. Teachers offered A little help and berated A for asking for help. Not once were we contacted or informed about A’s struggle keeping up with homework and assignments. Once we found out, my husband encouraged me as a teacher to assist A with homework and A welcomed the help. A’s mother objected to my participation and went to the school to have both my husband and myself banned from the school premises and outside activities. This was done without any meetings with the principal, any discussion of the issue or any legal proceedings barring us from the school.

In other words, we had no rights as parents of a student to dispute the mother’s claim, although we were required to pay the $6,000 of tuition left after the financial aid and voucher payments, we were not allowed to set foot in the school that we were scraping every penny together to pay for.

In the following years, A continued to have issues with the school because of our economic status. To participate in sports activities (which we could not attend), we had to fork over nearly $1,000 for equipment use and uniforms; band was out because we would have had to purchase or lease instruments for far more than we could afford; class trips or field trips were off the table because of the cost and the requirement that we provide transportation, pay for expensive air travel. The ultimate embarrassment came from having A’s car driving privileges rejected because the 1999 Honda Civic we provided for A to drive was “too old” and did not meet the safety criteria for student vehicles.
A eventually had far too many classroom issues for the school to tolerate in the upcoming senior year; A had to bring up the grades or face expulsion. At the same time, our financial aid was cut in half and we had to pay $10,000 after financial aid and voucher money was applied for the senior year tuition, an amount that was completely out of reach for a family that lived on a teacher’s salary and social security. We worked out a payment deal with the school and A could stay if grades improved which they did. A went on to take the ACT and SAT and received a perfect score on the ACT and a few points shy of perfect on the SAT. Suddenly, the student that was near expulsion was the golden child and the private school took all the credit for A’s remarkable accomplishment. The school wanted to use A’s high test scores as part of a marketing campaign that would claim the “poor kid” on financial aid and vouchers could succeed only because of the private school, not the efforts of A. If we agreed to this exploitation of A, the school would waive half of the $10,000 we owed. Of course, we did not agree. Loans from amazingly wonderful family and friends helped us pay the balance and A will graduate in a few weeks and go on to a state university with a full scholarship next school year.

Private schools are not a good fit for all students. They don’t allow the students and families any rights, the primary interest of the school is financial, and they are accountable to no one. It is clear to me and almost anyone else that had been in our situation, that the sole purpose of state vouchers is to support the students that already attend private schools, and to promote economic segregation. Vouchers fit into the ideology of those that believe there are those deserving of “good” education, and there are those who only deserve training that allows them to function in society; and that is an abuse of our tax dollars but most importantly of the children.

The state of Indiana had to fork over $21,000 in tax dollars to help pay the tuition of religious school that denied A and the family of our rights, forced A to be labeled with a learning disability that was false, blocked A from the normal high school activities such as band, sports and even just driving to and from school because of our economic status. I am sorry we had to do that to the state, but I am sorrier for A and what A had to endure to go to the “good” school. I hope one day these vouchers will stop, solely for the sake of kids like A.

Dana Goldstein is a noted education journalist who joined the New York Times shortly after Trump’s inauguration. As she writes, she began to focus on vouchers since that would be the focus of this new administration.

Betsy DeVos has held up the Florida voucher program as a national model, so Goldstein went to Florida to learn about the McKay Scholarship Program, which provides vouchers for students with disabilities (Jeb Bush wanted vouchers for the general population, but his referendum to change the state constitution was rejected by voters, and the voucher legislation he passed anyway was overturned by the courts, leaving only the McKay program in place.) Thirty thousands students with disabilities are enrolled in the program.

Goldstein writes that the McKay voucher program has a hidden cost: students relinquish their state and federal rights when they leave the public schools for a private school. Many parents are unaware that they abandon their civil rights protections under the IDEA law when they leave the public schools.

Vouchers for special needs students have been endorsed by the Trump administration, and they are often heavily promoted by state education departments and by private schools, which rely on them for tuition dollars. So for families that feel as if they are sinking amid academic struggles and behavioral meltdowns, they may seem like a life raft. And often they are.

But there’s a catch. By accepting the vouchers, families may be unknowingly giving up their rights to the very help they were hoping to gain. The government is still footing the bill, but when students use vouchers to get into private school, they lose most of the protections of the federal Individuals With Disabilities Education Act.

During Betsy DeVos’s confirmation hearings, she spoke glowingly about the Florida program. Senator Tim Kaine asked her what she thought about students forfeiting their rights under federal law, but she was unfamiliar with the federal law. She thought that the provision of services should be left to the states, and Sen. Kaine was surprised that she did not realize that students with special needs were protected by federal law.

As Goldstein notes, many parents are disappointed with the services provided by their public school, but when they get to the voucher school, they discover they no longer have the rights they were used to.

In the meantime, public schools and states are able to transfer out children who put a big drain on their budgets, while some private schools end up with students they are not equipped to handle, sometimes asking them to leave. And none of this is against the rules….

Legal experts say parents who use the vouchers are largely unaware that by participating in programs like McKay, they are waiving most of their children’s rights under IDEA, the landmark 1975 federal civil rights law. Depending on the voucher program, the rights being waived can include the right to a free education; the right to the same level of special-education services that a child would be eligible for in a public school; the right to a state-certified or college-educated teacher; and the right to a hearing to dispute disciplinary action against a child.

It’s not just Florida. Private school choice programs in Arizona, Colorado, Georgia, Oklahoma, Mississippi, Tennessee and Wisconsin also require parents to waive all or most IDEA rights. In several other states, the law is silent on the disability rights of voucher students.

One of the children she profiles is attending an online charter school and getting visits from specialists two-to-three times a week. What he does not get is the social interaction with other children.