Special Education and the Charter Schools

1
Special Education and the Charter Schools

• Donnalyn Jaque-Antón, Associate Superintendent
• Didi Nubla, Deputy Budget Director
• November 20, 2008

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Relevant State Law

• Pursuant to the California Education Code, a
  charter school shall not discriminate against any
  pupil on the basis of ethnicity, national origin,
  gender, or disability.
• Education Code
• 47605. (d) (2) (A)
• A charter school shall admit all pupils who
  wish to
• attend the school.

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Vision for Charter Schools

• The LAUSD Division of Special Education is
• committed to enrollment and success of
• students with disabilities at Charter Schools.
• Our goal is to collaborate with charter schools
• to ensure that they provide students with
• disabilities a free and appropriate public
• education (FAPE).

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Charter Facts
Statewide Eligible students with disabilities
represent 10-11 of total student enrollment at
District operated public schools. LAUSD
Eligible students with disabilities represent
approximately 11 of the student population in
LAUSD operated public schools.
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Charter Facts
Statewide Eligible students with disabilities
represent between 6 7 of the charter school
population. LAUSD Elilgible students with
disabilities represent an average of 5.5 - 6
of the LAUSD charter school population. Students
at charter schools tend to have mild to moderate
disabilities (eg. Speech and Language Impairment
(SLI) or Specific Learning Disability (SLD) and
limited numbers of students with intensive needs.
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LAUSD Charter Facts

• No more than ten (10) schools out of 137
  independent charter schools have Special Day
  Programs.
• Charter schools continue to send students to
  Nonpublic Schools (NPS). The entire cost of NPS
  placements per student of 27,000 - 40,000 per
  year is borne by the District.

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Relevant State Law

• Education Code section 47646 (a) states, in
  pertinent part, A child with disabilities
  attending the charter school shall receive
  special education instruction or designated
  instruction and services, or both, in the same
  manner as a child with disabilities who attends
  another public school of that local educational
  agency.

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Legal Requirements for Charters to Enroll and
Serve Students with Disabilities

• Individuals with Disabilities Education Act
• IDEA 2004 provides families of students with
  disabilities specific rights and protections
• State Mandates
• LAUSD Policies and Procedures
• Modified Consent Decree - MCD
• Prospective Charter Schools must carefully
• consider their legal obligations to serve
  students
• with disabilities

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LAUSD Policies and Procedures

• Charter school personnel must become
  knowledgeable and implement practices that are
  consistent with Federal, State and District
  requirements.
• Just like District operated schools, charter
  schools are required to utilize and comply with
  LAUSD Special Education Policies and Procedures
  Manual.

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The Modified Consent Decree

• Unique to LAUSD is the Modified Consent Decree
  (MCD)
• that is a legal mandate imposed on all schools in
  the
• District including those schools chartered by
  LAUSD. Charter
• schools must use LAUSD data base system
  (Welligent) and
• are included in MCD data reporting. Charters are
  accountable
• for achieving MCD outcomes.
• Charter schools authorized by LAUSD Board of
  Education are for the purposes of the MCD no
  different than any other LAUSD school.
• LAUSD charter schools must operate consistent
  with
• Requirements of the MCD including the Maintenance
  of Effort (MOE) and Targeted Strategy Plans
• Provision of data and other information required
  by the MCD and State and Federal agencies on a
  timely basis.

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Charter Schools and Special Education

• Required Special Education Petition
• Elements
• Non Discrimination
• Compliance with
• Federal (IDEA) and State Law
• LAUSD Special Education Policies and Procedures
• Modified Consent Decree MCD
• SELPA Membership
• Service Delivery

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Service Delivery Models Within LAUSD

• Charter schools provide their own services
• Services available from the District through
  fee-for-service

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Special Education Funding for Charter Schools
Basic Principles

• LAUSD is a single district Special Education
  Local Plan Area (SELPA) with responsibility to
  provide equitable and required services, whether
  students with disabilities are enrolled in
  District-operated schools or Charter schools
• No one entity should benefit or be disadvantaged
  financially because it has provided less or more
  than its proportionate share of special education
  services
• There is a SELPA-wide cost for special education.
  All schools, whether District-operated or
  charter, must contribute equally to the SELPAs
  cost of providing services.

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Current Funding Process

• Charter schools receive their AB 602 funds from
  the District
• Charter schools receive their General Purpose
  Block Grant for their Special Day Program
  directly from the State
• Charter schools are required to contribute 27 of
  their AB 602 funds towards the Districts
  unrestricted program support costs
• We have been unable to determine the extent to
  which charters are contributing (or
  under-contributing) to SELPA-wide costs because
  we do not have expenditure data for special
  education at charter schools

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Revised Process for Funding Special Education at
LAUSD Charter Schools (part 1)

• The District will calculate its per pupil
• unrestricted program support cost
• 
  In Millions
• Special Ed Costs(excl. admin costs) 1,313.4
• Special Ed Revenue 732.2
• Unrestricted Support to Sp Ed 581.2
• District wide ADA
  585,071
• Unrestricted Program Support per ADA 993

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Revised Process for Special Education Funding of
Charter Schools (part 2)

• A charter school will be asked to provide its
  projected special education expenditures.
  Expenditures will be based on District standards
  for services.
• LAUSD will calculate the charter schools
  unrestricted program support costs per pupil
• A comparison of the unrestricted program support
  costs per pupil for the District and charter
  school will be made as shown in the following
  scenarios.

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If a charter school has a per pupil unrestricted
support cost that is higher than the Districts
the school will receive additional resources from
the District

• Amount
• School Special Ed Costs 775,000
• Special Ed Revenue (incl. General Purpose Block
• Grant for SDP students) 400,000
• Special Ed Unrestricted Program Support Costs
  375,000
• Schools ADA 360
• Schools Unrestricted Program Support per ADA
  1,042
• LAUSDs Unrestricted Program Support per ADA
  993
• Difference in Unrestricted Program Support
  49
• multiplied by Schools ADA
  360
• Additional Allocation to School 17,640

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If a charter schools unrestricted program
support costs per pupil is lower than the
Districts the charter school will be charged the
difference

• Amount
• Schools Special Ed Costs 600,000
• Special Ed Revenue (incl. General Purpose Block
• Grant for SDP students) 400,000
• Special Ed Unrestricted Program Support
  200,000
• Schools ADA 360
• Schools Unrestricted Program Support per ADA
  556
• LAUSDs Unrestricted Program Support per ADA
  993
• Difference in Unrestricted General Fund support
  437
• multiplied by Schools ADA
  360
• Additional Charge to School 157,320

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If a charter school has no special education
program, the school will not receive any special
education revenue and will be charged the
Districtwide support cost per pupil

• Amount
• School Special Ed Costs 0
• Special Ed Revenue 0
• Special Ed General Fund Support 0
• Schools ADA 360
• Schools Unrestricted Program Support per ADA
  0
• LAUSDs Unrestricted Program Support per ADA
  993
• Difference in Unrestricted Program Support
  993
• multiplied by Schools ADA
  360
• Additional Charge to School
  357,480

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If a charter school has the same per pupil
unrestricted program support cost as the District
the school will neither be charged nor receive
additional revenue

• 
  Amount
• School Special Ed Costs 757,480
• Special Ed Revenue (incl. General Purpose Block
• for SDP students) 400,000
• Special Ed Unrestricted Program Support
  357,480
• Schools ADA 360
• Schools Unrestricted Program Support per ADA
  993
• LAUSDs Unrestricted Program Support per ADA
  993
• Difference in Unrestricted Program Support
  0
• multiplied by the Schools ADA
  360
• Additional charge/revenue to school
  0

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What do other Districts Do?

• All Districts collect encroachment from charter
  school block grant - not from AB 602 special
  education funding.
• Charter schools provide special education cost
  data to District/SELPA.
• Support special education with district programs
  or services.

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Oversight and Monitoring

• It is the intent of legislation for school
  districts to ensure that Charter Schools provide
  equal access and services to students with
  disabilities.
• Charter School Division
• General oversight responsibility
• Monthly site visits including visit focused on
  special education monitoring
• Comprehensive Annual site reviews
• Investigate reported violations of law or charter
  
• Identification of best practices

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Oversight and Monitoring

• Division of Special Education
• Supports oversight through
• District Validation Review (DVR) - conducted
  on a four year cycle
• Self-Review Checklist completed annually and
  submitted to
• Charter Schools Division
• Investigate complaints/concerns brought to the
  attention of the
• Division of Special Education
• MCD guidance and supports
• Due Process Coordination
• Support Units Technical Support

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Oversight and Monitoring

• Division of Special Education
• Supports oversight through
• Professional Development for teachers and
  administrators including SPELA
• Continuum of Programs/Services
• Clinics and Consultation
• Ongoing program support and guidance
• Paraprofessional training
• Supplies brochures, pamphlets and posters

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Oversight and Monitoring

• Division of Special Education
• Supports oversight through
• Continuum of Programs/Services
• Support Units Technical Support
• Professional Development including SPELA
• Clinics and Consultation
• Ongoing program support and Guidance

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Let us put our heads together and see what life
we will make for our children.Tatanka Iotanka
(Sitting Bull, Lakota Leader)