Archives for category: Special Education

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.

Jeremiah Prophet was born with severe cerebral palsy. He yearned to be a journalist. He struggled to make his way through high school and college. He never forgot the help that his teachers gave him in his public schools. Many people thought his dream was absurd because he can’t talk like other people, he spends most of his time in a wheelchair, and he communicates by typing on a special device, only 3-5 words a minute.

He wrote a column in the Dallas Morning News explaining how Trump had changed his life. As he watched the DeVos hearings, he realized that she had no understanding of people like him. He would never have made it in a charter school, where they have no services for children like him. During the campaign, he saw Trump supporters and Trump himself ridicule people with disabilities. He was especially upset when Trump mocked a young man like him, a 12-year-old boy in a wheelchair who used a recorded device to protest.

He wondered:

“What kind of a man insults a 12-year-old kid sitting in a wheelchair?” Why would adults bully a defenseless boy in a wheelchair?

He writes:

“His story convinced me that our country needs to hear from one stubborn journalist who has never spoken a word in his life: me.”

He ends: whenever you encounter someone in a wheelchair, remember what you read here.

A very moving story that reminds us of the power of public schools to change lives and open doors for all.

The Republicans are set to expand the D.C. Voucher program, even though no evaluation has shown better test scores for D.C. voucher students and a high attrition rate.

Students who get a voucher will check their constitutional rights at the door. The voucher schools may exclude students with disabilities and LGBT students. DeVos doesn’t care.

Republicans have already started moving HR 1387, the SOAR Reauthorization Act. This bill would reauthorize the DC voucher program (the only federally funded voucher program in the country), and the group that administers the program has said they expect to provide “hundreds” of new vouchers to DC students with Republicans in charge.

The bill was passed out of committee earlier this month on a party line vote, and we expect the bill to hit the House floor soon. Just as telling as the final vote on the bill was how the committee voted on amendments, and this headline says it all: GOP lawmakers refuse to protect LGBT students and those with disabilities in school voucher bill.

This is the first voucher bill being moved this year – and while Betsy DeVos refused to say during her confirmation hearing that schools taking federal money should have to abide by IDEA and provide the same services and protections to students with disabilities as public schools, members of Congress may soon have a chance to go on record themselves about this very issue when the SOAR Reauthorization bill is voted on.

A parent in Chicago discovered a massive breach of private data about students in private schools receiving special education services. The data was controlled by Chicago Public Schools, but obviously with little regard for privacy. The parent was a student Privacy activist, Cassie Creswell.

The following post is by Cassie Creswell, a Chicago parent activist from Raise Your Hand Illinois and a key member of our Parent Coalition for Student Privacy. In January, Cassie also testified on our behalf at the Chicago hearings of the Commission for Evidence-Based Policy against overturning the ban to enable the federal government to create a comprehensive student database of personally identifiable information.

More recently, upon examining expenditure files on the Chicago Public School website, Cassie discovered the names of hundreds of students along with the disability services they received at numerous private and parochial schools. She immediately contacted several reporters, and though an article in the Sun-Times subsequently briefly reported on this breach, the reporter did not mention that it was primarily private and parochial students whose data was exposed. In addition, legal claims for special education services that CPS had originally rejected were included along with student names. Cassie’s fuller explanation of this troubling violation of student privacy is below — as well as the fact that at least some of these schools and families have still not been alerted to the breach by CPS.

Cassie writes:

Once again, Chicago Public Schools has improperly shared sensitive student data, the Chicago Sun-Times reported on February 25th.

Medical data about students used to administer outsourced nursing services was stored on an unsecured Google doc available to anyone with the link. And personally-identifiable information (PII) about students with Individualized Education Programs (IEPs), including their name, student identification numbers and information about services and diagnoses related to their disabilities, were included in files of detailed vendor payments posted on the district’s public website.

I discovered this latter information in the vendor payment data, while in the course of searching for information about standardized testing expenditures. The files covered seven fiscal years, 2011-2016, but were only posted on the CPS website this past summer. Noticing what appeared to be a student name and ID number listed in the file struck me as surprising and likely a privacy violation. All in all, there were more than 4500 instances in the files where students’ names appeared along with the special education services they received.

Upon closer examination, it was clear to me that there was a great deal of highly sensitive student personal information that had been disclosed, with payments made from CPS to educational service providers assigned to hundreds of students with special needs attending private schools as well as public schools. Included were the name of the students, the schools in which they were enrolled, their ID numbers, the vendors who had been hired and the services they provided according to the students’ diagnoses. The funds for the payments came from public funds routed through the students’ home districts, CPS, to fulfill requirements of the federal Individuals with Disabilities Education Act (IDEA) for spending on special education students enrolled in private schools.

This breach has since been confirmed as violating federal and state privacy laws — at least in the case of the public school students whose personal information was disclosed and likely the private school students as well.

You may recall that voters in Massachusetts overwhelmingly rejected a ballot referendum to expand charter schools in the state. The vote was 62-38%, with only wealthy districts (which are not targeted for charters) supporting the referendum. The state has not yet reached its “cap” on charters, so new ones are still opening, despite the clear public objection to them. The public understands that every dollar for a charter is taken away from their local public schools.

On Monday night, the State Board of Education rejected a request to double the enrollment of the Pioneer Valley Chinese Immersion Charter School. Last November, the community voted against charter expansion because of the drain on the resources of the public schools.

“HADLEY — After hearing testimony that the Pioneer Valley Chinese Immersion Charter School is draining resources from local school districts and not educating a sufficiently diverse student body, the state’s Board of Elementary and Secondary Education on Monday turned down a proposed expansion to nearly double its enrollment.

“In a voice vote about four hours into its meeting in Malden, the board denied a 452-student enrollment increase at the charter school recommended by Mitchell D. Chester, the commissioner of elementary and secondary education. Chester called the decade-old school an “exemplar” of what the charter-school movement is about.

“But Michael Morris, acting superintendent for the Amherst-Pelham Regional School District, told the board that adding students would be transferring funds from schools where underserved students are educated to one attended by more privileged children. Amherst, Morris said, is already sending $2.24 million from the school and town budgets to the charter school.

“Morris also presented statistics showing that the demographics indicate the charter school is not meeting its mission, with PVCICS having fewer low-income students and English language learners than Amherst schools, and special education children often returning to Amherst after being enrolled in the Hadley school.”

Barbara Madeline, president of the Massachusetts Teachers Association, said that the school should be investigated for its failure to meet the needs of students with disabilities.

Ms. DeVos:

The state of Michigan, as you know, plans to close 38 schools, most of them in Detroit.

Please watch this powerful documentary about school closings in Detroit, how they disproportionately affect black children, how they disproportionately affect children with special needs.

Detroit is littered with closed schools.

Don’t you realize that closing schools destroys communities and disrupts the lives of children who have high needs?

Please tell us what you intend to do to stop this madness.

The schools are not failing; our society is failing.

Do you think that all children should reach the same high standards? If they don’t, is it the teacher’s fault for having low expectations?

“Zero accountofability”

Special needs includes the right
To test on Newton’s laws
Cuz everyone should test in spite —
And simply just because

Mercedes Schneider has been reading the written responses that Betsy DeVos gave to the Senate Committee’s questions. One question was whether all schools receiving federal funds should be required services for children with disabilities. Her answer, in many words, can be boiled down to one word: no.

Betsy DeVos Responds to Senator Patty Murray’s Question about SPED and Private Schools

Leaders of the Badass Teachers Association met in DC with the education staff of Senator Sanders (VT) and Senator Hassan NH).

They spoke for all of us who care about children and fighting back against privatization and standardization.

Please read the summary of their meeting.

Thank you, BATS!