Justices’ Ruling on Phila. Schools Creates Pressing Questions

Feb. 19 – The Legal Intelligencer – by Ben Seal

In striking down as unconstitutional a section of the Public School Code that granted broad powers to the School Reform Commission, which oversees the Philadelphia School District, the Pennsylvania Supreme Court this week ignited a series of questions about how the district will adapt and what might happen at other distressed schools. Continue reading

The Comeback of Charters

Jan. 26, 2016 – The Philadelphia Citizen – by Roxanne Patel Shepelavy

Twenty years in, good charter schools are self-policing and calling for the closing of bad ones. Is it enough to get the movement’s mojo back?

The thing about the soap opera at last week’s School Reform Commission meeting—at which the commissioners made an 11th-hour decision to turn Wister Elementary into a Renaissance school run by Mastery Charters—is that underneath it all, it was a dramatic retelling of the same old story.

On the one side were desperate parents and pro-charter supporters who believe Mastery can turn around the school quicker and better than the District—something they say the charter organization has proven time and again. On the other side were a different set of parents and charter opponents who believe what Wister needs is more and better support from the District to continue the modest performance gains it made last year—not giving it over to a charter.

Commissioner Sylvia Simms, after speaking with pro-Mastery parents, proposed a resolution overturning Superintendent William Hite’s decision to keep Wister a traditional public school. She spoke movingly of parents like her: From low-income neighborhoods, where schools have long struggled to provide a good education, whose children make up the thousands on charter waiting lists. Three commissioners supported her. And immediately, the decision was slammed by public school advocates like new Councilwoman-at-large Helen Gym, Philadelphia Federation of Teachers president Jerry Jordan, and Mayor Jim Kenney.

So much shouting into the wind, so little change in the conversation. It’s no wonder so many of us feel like nothing is ever going to change.

Or is it? This year could mark a new era for charter schools in Philadelphia. For the first time publicly, high-performing charters have started to acknowledge what critics of the whole movement have been saying for years: that many charter schools do a worse job of educating students than traditional public schools; that they should not be allowed to continue; and that the city and state have made it too hard to shut down a school, even when it has had poor results for years.

In September, the group of about 50 charters calling itself Philadelphia Charters for Excellence (PCE), along with the advocacy arm of charter-friendly Philadelphia School Partnership, issued a position paper that called for the closing of poor-performing charter schools.

“When charter schools are effective, they should be encouraged to grow,” the paper, “Better Isn’t Good Enough,” says. “But when they are ineffective, they should be closed or transformed, especially since the priority is to give as many students as possible access to high quality schools.”

It was the first stroke in what will be a line in the sand starting this year: On one side will be charters that serve Philly students well, as judged by a particular set of standards; on the other, will be those that don’t. It’s a distinction that could allow charters to take back a piece of the school reform narrative that has turned away from them in the last few years. And, if all goes as planned, it could benefit the school system as a whole.

“For the good of the charter movement, for the good of schools, for the good of the District, we will be setting clear standards about what is success,” says Amy Ruck Kagan, who was hired by PCE’s board in June to transform the organization. “There is support in Philadelphia to change the charter movement here, to finally say, it’s not about growing for growth’s sake, but to be a part of the conversation about the future of schools.”

Kagan, formerly head of New Jersey’s charter school office, started in the middle of what was, by many accounts, a tough year for the perception and politics around charters. (“I never thought anything could be more politicized than New Jersey,” Kagan says. “This is, or at least as much.”) In February, the SRC approved only five of 39 applications for new schools—a number on par with the national trend but still a disappointment to many advocates. (Another school was added later.) Still, even that concession led (then new) Gov. Tom Wolf to replace SRC Chairman Bill Green with Marjorie Neff, the only commissioner who voted against any new charters at all.

A few months later, decidedly pro-charter Anthony Williams was decidedly defeated in the city’s Mayoral primary, for an election which several months later saw public school advocate Helen Gym garner the most votes for her new Council-at-large seat. Even Hillary Clinton got in on the act nationally, chiding charters for not accepting or keeping enough hard-to-teach students.

This year started with Gov. Wolf sending money to school districts that charters contend was owed to them—and with an ongoing debate over a provision to the state school code that would weaken the District’s authority over charters. Where it will end is still not known.

“This is a less welcoming environment for charters in the state than we’ve seen in a long time,” says Kagan. “Everything politically is pointing to the need to make a change. It’s vital that we do this now.”

This month, Kagan unveiled a three-tiered membership system that demands PCE members perform to certain standards in academics, governance, finances and admissions/enrollment policies. (Citizen chairman and columnist Jeremy Nowak was a consultant to PCE in developing the standards.) Each tier comes with academic expectations—from a School Performance Profile index of 50 for Tier 1 to an SPP of 75 for Tier 3—and increasingly stringent requirements for financial solvency and board transparency.

All members will also be required to take an “equity pledge,” promising to maintain and take students off a waiting list, and have a one page admissions application, in multiple languages, with someone available to walk parents through it—as close as possible to the ease of registering for a neighborhood school. To check, Kagan says PCE will initiate a “mystery shopper” program, posing as parents to randomly call charters to confirm their admissions policies—something charter authorizers in other cities have started to do.

For those that qualify, PCE membership will mean the school has passed a series of tests, set up by charters for charters, to achieve something like a Good Housekeeping Seal of Approval. The tiers will give parents and school officials a way to compare charters that has been lacking so far. And Kagan says PCE plans to convene disparate PCE members for more directed professional development, discussion of best practices and collaboration.

As a group, PCE membership may give charters more leverage to advocate locally and statewide, especially since PCE and school reform group PennCAN are also working with Pittsburgh schools to sign on to a similar program. Eventually, Kagan hopes a PCE score will signal to the School District, the SRC, the state and parents which schools should be allowed to grow—and which should be made to close.

“We’re battling in Harrisburg, and locally, and the argument keeps coming back to: But so many charters are doing badly,” Kagan says. “We’re changing the conversation by asking you to stand behind the ones that offer access to all, are academically strong, and are ready and poised to take on new kids.”

The move is the boldest acknowledgement on the part of charters that the tides have shifted nearly two decades after the movement started. Which begs the question: What took them so long? For the first several years, the charter school movement meant innovation—it was educators opening schools, hoping to find a way out of the morass of public education that had long been failing many students. The District allowed for rapid charter growth before anyone could gauge success or failure. By then, the state charter law had made it expensive and cumbersome to shut down a school, and had allowed them to grow their populations. Some 28 percent of Philly students now attend a charter school.

In the last few years, what had started as an alternative for every Philadelphian became a symbol in the class struggle epitomized by Occupy Wall Street. Suddenly, charters were stand-ins for the haves taking from the have nots—never mind that most Philadelphia charter school students are still among the poorest kids in the country—a perception not helped by, well, charters. Like this gem from 2013: A closed-door meeting of private donors who give $50,000 in charitable donations yearly, meeting at The Union League, to discuss the future of public education. (Full disclosure: Citizen chairman and columnist Nowak was among the program’s speakers.) Are Bill Gates and Michael Dell, whose nonprofit foundations attended the event, getting rich off of charter schools? Doubtful. But the event fed the notion that charter schools were for and about something distasteful to regular folks.

Meanwhile, as middle class families have expanded beyond Center City, they have embraced their local public schools, a civic-minded pursuit that has also become an anti-charter movement. With the political winds shifting, the charter school sector often acted like a monolith, loathe to point fingers at each other, even when it became clear that some charters have unfairly culled their population, or failed to educate their students, or operated in a way that is not transparent or above board. They lobbied the state—successfully—to make Philly consider opening more charter schools, even while the city struggled to close those that were not successful.

Add into the political stew the fact that budget woes over the last several years have led traditional public schools to close, consolidate, cut staff and grow their class sizes. An already fractious debate over charters has now become one about survival, on both sides.

“Scarcity makes people dig in their heels and protect their territory more than before,” says David Lapp, a lawyer at Education Law Center, who is a critic of many charter school policies. “It’s inevitable that as we got to this percentage of students in charters, people would start looking at what this sector is doing, and whether or not it’s a good thing to have it expanding.”

It’s a delicate moment for PCE and Kagan: Hired by PCE’s board, made up of charter school officials, she is now telling those officials what they must do to remain in PCE. As she has unveiled her group’s plans, she says her standing members have reacted in three ways: Confusion over what it means; disagreement over the academic standards, particularly using the state’s assessment system, which relies heavily on standardized tests; and a worry that the bar for inclusion is still not high enough.

Kagan says schools have until September to align themselves with PCE standards. Academics alone will mean some current members—like some Universal charter schools—will not make the cut. (Because of changes to state assessments last school year, the education department last issued SPP scores in the 2013-2014 school year; those are the figures PCE will look at.)
For other pieces of the membership process, Kagan says PCE plans a series of group trainings, as well as individual sessions, to help schools that need a little extra guidance. “We want to help them get there,” Kagan says. “Still, we’re not winning a lot of friends in our own movement, necessarily.”

But she has no other choice if she wants to win over an even more difficult contingent: those outside the organization. Lapp says the success of PCE’s new initiative will depend on many factors: How transparent it is with its standards, what they consider “success” in academics, and how far they plan to go to ensure low performing schools are actually closed. Kagan, who has conferred with both friends and foes of charters, says PCE has and will lobby for legislation to ease the shuttering of schools.

That remains to be seen, but even charter critic Lapp concedes that there’s cause for some hope. “I think it’s awesome that PCE is owning its name and defining excellence in a different way,” he says.

Op-Ed: Proposed changes to Pa. law would squander higher school funding

Jan. 20, 2016 – the Philadelphia Public School Notebook – by Michael Churchill, Deborah Gordon Klehr, Susan Spicka

Earlier this month, Gov. Wolf approved emergency funding to allow schools to remain open despite the ongoing budget impasse in Harrisburg. We are pleased that the governor is holding out for an agreement with legislative leaders that would result in a historic $350 million increase in basic education funding, which would include a $100 million restoration of funding to Philadelphia schools. This money would provide immediate relief to a cash-strapped district and would allow it to begin restoring cuts to nurses, counselors, and other vital services after years of bare-bones budgeting.

Yet those gains could be fleeting.

We are deeply troubled by language that has been inserted into the proposed Pennsylvania School Code that would enact sweeping changes to our state charter school policy. The changes would weaken the important role of school districts as charter authorizers to both manage responsible charter school growth and ensure that charter schools are providing a high-quality education to all kinds of students.

To be responsible stewards of taxpayer dollars, fiscally distressed school districts must balance requests for charter expansion with the fact that every new charter school costs districts money and siphons resources away from children who remain in traditional public schools. Indeed, the School District of Philadelphia would have to set aside $35 million of the $100 million in additional funding it would receive under the previously agreed-upon budget framework simply to cover additional payments to charter schools.

The proposed school code language contains provisions – in effect directed only at Philadelphia — requiring five schools a year to be designated for takeover by the Pennsylvania Department of Education. At least two, and possibly all five, would be converted to charter schools.

The irony, of course, is that Philadelphia’s schools are already controlled by the state. There’s no evidence that this move will improve results – but it is sure to worsen the District’s structural deficit.

Additional language applicable to every school district in the state would weaken local districts’ ability to provide effective oversight of charter school operators to ensure that charter expansion occurs in sustainable ways and that charter operators deliver quality education to their students. It would enable charter schools across the state to amend the terms of their charters, create cross-district charter school networks, open new buildings, add new grades, and expand enrollment – all without the authorization of local school boards. It would also reduce accountability by allowing charter schools to go a full decade before having to renew their charters.

Taken together, the school code as written is a Trojan horse, destroying what it purports to save.

Our calculations show that these provisions could increase costs to districts so much that even with increased revenues, this budget deal could result in a net loss for the School District of Philadelphia in as little as 36 months.

Thus even as lawmakers in Harrisburg continue to complain that Philadelphia schools need to live within their means, they are pushing legislative language that would continue to burden the district with costly new mandates that only dig the District into a deeper financial hole.

At the same time, they fail to recognize that Philadelphia schools educate far more students in poverty, English language learners, and vulnerable students than almost all districts in the state. Roughly 85 percent of Philadelphia schoolchildren come from poor families – compared with a statewide average of 43 percent.

Even worse, there are rumblings in Harrisburg that lawmakers, skittish about raising taxes to support increased investment in our schoolchildren in an election year, may attempt to abandon substantial education funding increases while continuing to pursue this aggressive pro-charter language. This would leave Philadelphia with greater expenses and more cuts in services for its students.

The governor should make it clear that this would be unacceptable.

The important question about the role that charter schools should play in our educational system deserves its own broad and wide-ranging debate and should not be swept into the budget negotiations as a price that Philadelphia pays to get past funding cuts restored. The Philadelphia delegation should carefully review the costs of additional funding in deciding what to support.

There’s still time to make things right. As lawmakers return to Harrisburg to resume negotiations on a budget solution, these destructive proposed provisions should be eliminated from the school code.

Our lawmakers must instead refocus on passing a budget that contains at least $350 million in new basic education money to help restore school funding cuts and that begins to implement a new funding formula that rationally and fairly distributes education dollars. Only then can we embark on a long-term, sustainable solution that begins to right the School District’s finances and reflects our commonwealth’s values by beginning to provide every child with the resources needed to succeed.

Michael Churchill is an attorney at the Public Interest Law Center.

Deborah Gordon Klehr is executive director of the Education Law Center of Pennsylvania.

Susan Spicka is an advocacy coordinator for Education Voters PA.

The wheels on the bus are late

January 6, 2015 – Philadelphia Daily News – by Ronnie Polaneczky

IN PHILLY, if your child is late to school often enough, you may be hauled into Truancy Court to explain why your kid isn’t in class when he should be.

If only the absences were taken as seriously when the lateness is caused by the Philadelphia School District.

Since September, Monica Klimas’ son Danny Gallagher has been late to Gen. Philip Kearny School countless times. That’s because the bus that picks him up at home in Bridesburg can’t reliably get him to Kearny, in Northern Liberties, in time for the morning bell.

“Look at this,” Klimas says, opening the log she has kept of Danny’s tardy pickups. Except for October, when the bus miraculously arrived within minutes of its scheduled time, Danny’s transportation has been as unreliable as a Comcast service call.

On two back-to-back days in December, the bus never came at all.

Some days, sixth-grader Danny, 11, has been as late getting home. One time, he didn’t walk through the door until 5:30 p.m. He was famished and rattled from the two-hour bus ride.

“His day was longer than mine,” says Klimas, an optician who works in East Falls. She doesn’t drive, so if the bus is running really late, it costs her $30 in cab fare to get Danny to school.

She has endlessly e-mailed the district and left unanswered voice mails. She’s also routinely hung up in frustration when the voice-mail box was full.

Klimas worries that Danny, who has Down syndrome and is enrolled with six other intellectually disabled kids in Kearny’s terrific new life-skills program, has missed out on critical class time.

Despite continual reporting of her transit problems to the district, including calls and emails on her behalf made by Kearny principal Daniel Kurtz and his staff, the unpredictability has persisted, Klimas says.

As I listen to this very good mom’s tale of torment, I think, “Man, someone really needs to talk to the Pennsylvania Department of Education about this kind of stupidity.”

Except someone already did.

Last year, the local Coalition of Special Education Advocates filed a formal complaint with the department on behalf of special-ed students whose education plans call for district transportation to and from school.

For years, parents had complained that buses were frequently late. Routes were changed with little warning. Drivers and bus aides were poorly trained to deal with special-needs kids. And parents couldn’t get through to the district for help.

So the state investigated, sending surveys to 254 schools to inquire about transportation services to special-ed students in the 2014-15 school year.

Among the 93 schools that responded, 26 had no issues. The remaining 67 reported that buses had failed 10 times to pick up a student and had been late to school 392 times.

Yep, those are real numbers.

The state has since expanded its survey to monitor transportation services to any school that provides instruction to any district special-ed student.

Meanwhile, the state has concluded that special-ed students who miss instruction or therapies because of transportation problems are entitled to “compensatory education services” to make up for the times they were denied a “free and appropriate public education” as required by law.

Last month, a letter was to have been sent to parents of all special-ed students to tell them that.

District spokesman Fernando Gallard was not aware of the state’s action, but conceded that the district’s goal is always to get kids to school on schedule.

“We’re definitely not meeting that [obligation] all the time,” he says. “The expectation is on us to get it right.”

Still, he says, “we’re dealing with a very large urban transportation system, almost like SEPTA, with 1,600 routes. There are going to be problems with traffic and bus breakdowns that cause late arrivals for students.”

Of the district’s 280 buses, 160 have GPS systems that track in real time a vehicle’s whereabouts, he says; buses provided by private transportation companies to the district are already equipped with the devices.

They don’t appear to have helped special-ed student Terrell Ward, an eighth-grader at Morris E. Leeds Middle School in Mount Airy. His bus service was so erratic that his mom, Tamika Ward-Andrew, was summoned to Truancy Court last fall for his alleged massive absences.

In truth, she says, he was routinely dropped off at school after roll was taken.

“One time,” says Ward-Andrew, “the bus didn’t show up for two weeks in a row; the third week, it was late every day.”

She contacted the Education Law Center for help, and senior staff attorney Maura McInerney was able to get the truancy case dismissed. But Terrell’s record still shows 88 late days and 25 absences – most of them filed in error.

“Our next step is to get the record corrected,” says McInerney.

Hearing these tales, I am floored.

Children thrive on routine and structure. And parents – especially those working outside the home – need a degree of reliability to keep family life from flying off the rails.

And for special-needs kids, says McInerney, the need for predictability is even greater.

“When a child’s class day is disrupted, they can miss more than instruction,” says McInerney. “For children with emotional-support needs, predictability is a critical issue.”

Lateness throws them a curve ball they can’t handle.

Monica Klimas and Tamika Ward-Andrew say their sons love school. And both moms are impressed by the quality and commitment of the special-ed teachers at their kids’ schools.

If only they could say the same about the bus service they rely upon to get them there.

Parents having problems with district-provided transportation can call 215-400-4350, a hotline established as a result of the state investigation. For help securing compensatory services for a child’s missed instruction, contact the Education Law Center at 215-238-6970 or go to https://elc-pa.org.

http://mobile.philly.com/beta?wss=/philly/news&id=364329951

What parents of special ed and ELL students should know about testing (Interview)

An interview with Maura McInerney of the Education Law Center

Dec. 15, 2015 – Philadelphia Public School Notebook – by Brianna Spause

The Notebook interviewed Maura McInerney, senior staff attorney for the Education Law Center, in November about what parents need to know regarding testing of special education students and English Language Learners. A shorter version of this interview appears in our Dec. 2015-Jan. 2016 print edition.

 

Notebook: What do parents of English Language Learners and Special Education students need to know regarding standardized testing?

Maura McInerney: For both sets of parents, it’s important for them to know what their rights are. Students with disabilities and English language learners [ELLs] are entitled to accommodations on standardized tests. It’s important to discuss these issues with their schools well in advance of when the testing is taking place.

For students with disabilities, the decision of what accommodations will be provided is made by the [Individualized Education Program] IEP team. That includes whether the child will take the test or not, and what type of test the child will take. For example, there’s a PSSA, but there’s also something called the PASA, which is available for students with disabilities.

In the context of the IEP plan, there is a set of decisions about accommodations in respect to the testing itself and what will the environment look like for that student. There are many different types of accommodations.

Many students with disabilities get minimal accommodations. The most popular one is probably extended time – when in fact, they have a right to many more. They can have the test read to them. Instead of writing answers, it can be audio- or videotaped. Those issues need to be discussed with families.

With students who are ELL, many times the issue of accommodating standardized tests doesn’t even arise. You don’t have that meeting as you would with an IEP team to discuss it. Those issues need to be raised with the student’s teacher – particularly with the English as a Second Language teacher, who often knows the children very well.

For ELLs, allowable accommodations, for example, are qualified interpreters and sight translators for the Math PSSA and the Keystone Algebra I and the science tests – both the PSSA and the Biology.

Unfortunately, due to budget cuts in the School District, accommodations are rarely available. Often, it doesn’t come up.

All of these accommodations are voluntary, none of them are mandatory for ELL.  In other words, while providing accommodations for ELLs is mandatory, the specific type of modification to be provided is left to the discretion of schools.  It’s a significant issue that needs to be raised with families.

For children who have chronic conditions like diabetes or asthma, they are also entitled to accommodations in testing.

 

Notebook: What are some of the challenges ELL and special ed students face when taking these tests?

McInerney: I think that the most common challenge that I hear is the anxiety that it causes for children with emotional support needs or children who are ELL. I know that some ESOL [English as a Second Language] teachers have said that it can sometimes erode the child’s trust to be given this exam. They may not be able to do it [or] feel like a failure. It sometimes can undermine their trust in the system and their trust in the teacher, which is obviously something we want to sure up.

Some challenges [with special ed students] can be addressed by ensuring that IEP teams are discussing the options that are available and in place. I think it’s a matter of expanding the accommodations for children who are ELL, and quite honestly, I would consider different testing for them and to have the input of teachers in developing those tests.

ELL students are tested in their 7th-or 8th-grade class. These children, especially if this is their first year of ESOL instruction, are used to being with their ESOL teachers. They have more of a trust relationship with that person. One of the things that would be helpful [is] if they could be tested in that environment. If they have a teacher there that can assist them that might be a less anxiety producing experience for them.

It’s also the fact that we test kids who may have just come into this country. If they come after April 11, they will be tested in reading,  math, science, with absolutely no English language at all; no proficiency level.

 

Notebook: How well are these students performing on standardized exams?

McInerney: We know that almost 65 percent of ELL in Philadelphia scored below basic on the PSSA. Actually 69.12 percent of students who receive special education services score below basic. A lot of instructors have said that it doesn’t really make sense for them to take some of these tests because they also have to take the ACCESS tests which measure proficiency in language. The ACCESS tests cover four content areas of social studies, science, math and English. They look at listening, speaking, reading and writing proficiency across those domains and content areas.There’s a lot of problems with the ACCESS test but those are the proficiency tests that they take.

In addition, they are also taking the PSSAs and the Keystones. There are certainly benefits to having at-risk student populations take standardized tests because we want to ensure accountability. We want to ensure that schools are paying attention to these populations, knowing what their reading and math level is. I know from participating in IEP meetings that I certainly use that gauge to say, are they making progress towards their goals?

The important thing is to provide effective and individualized accommodations for many of these students. For example, if you have an ELL who has just come to this country, is at the beginning level, this child is asked to take a test in a language that they don’t know at all. Although they are allowed to essentially wait a year to take the reading test they are required to take the science [and] mathematics tests. In those instances, that child is sitting in a classroom that is providing instruction in English, and they are just learning the language. The idea that they would be able to do well on these tests is really quite astounding.

I think that we need to take a look at who is being tested [and] at what level does it make sense, especially with respect to the beginners and those who are just entering. And then, are those children getting the accommodations they need in order to get an accurate sense of whether they’re learning the material.

 

Notebook: What challenges does using the Keystone exams as a graduation requirement present to ELL and special ed students?

McInerney: It’s a huge obstacle [because] once we impose it as a high-stakes test, every child has to pass it. There are varied options to the Keystones. There is a project-based option, but that is also a standardized test. It is not that different than the Keystone exam. We believe in accountability and we think it is very important to ensure that students who are graduating from high school have learned what they need to go on to higher ed and to participate in the work force. Those are very important goals that we want to highlight. However, if we are going to impose these Keystone exams, we need to provide sufficient resources for our students to pass them.

If we are imposing high stakes tests, we need to ensure that there are interpreters and translators, that there is sufficient instruction time to ESOL students, which is a huge issue in the School District right now. We now have the bare-bones schools in many instances that are not able to provide the resources to bring these very at-risk students up to where they need to be. I think to test them in a system where you haven’t provided adequate resources to enable them to graduate is a huge problem.

 

Notebook: Do you think that using standardized tests is an effective way to measure the academic progress of these students?

McInerney: I think that with respect to some students, it can be a good, accurate, objective measure, but for students who really don’t receive the accommodations they need, who don’t have an individualized plan for how they’re going to take these tests, I think that is sometimes is not an accurate measure.

I have difficulty saying that for all children with disabilities, it’s not accurate. I think for some students it is and for other students, it’s not. I think it depends on how the test is administered. There are cohorts of students for whom particular standardized tests are not appropriate. For certain students who may have disabilities there may be certain tests that do not make sense for them to take the test. That’s a decision that needs to be made by the IEP team.

We certainly encourage as much information as we can gather about at-risk populations because we know that having that objective measure is important to make sure we’re not being left behind. There are different ways to look at that issue and to ensure that we have some objective measure of how they’re doing. We want to ensure accountability, but we really need to take a step back and look at the way that we’re doing it. At the current time, we have a one-size-fits-all universal approach that I don’t think is valid for all students.

 

Notebook: What measures do you think the the state could take to make sure that the testing is fair to ELL and Special Ed students?

McInerney: In both instances, and with respect to ELL, there are no mandatory accommodations at all for these students. I think that is something we need to look at. In addition, I think that we need to look at whether this test makes sense for all ELL students. I think we need to take a step back and critically analyze whether it makes sense to give it to all students in the same way. I think that for some students it does not make sense. Right now we have very vague accommodations that are available to ELLs. Everywhere you look it says all of this is voluntary, none of this is mandatory. I think we’re putting all ELL students at a distinct disadvantage.

In addition, we have a deeper problem that we have very little state standards embedded in law with respects to what ELL students are entitled to. We don’t state the minimum level of ESOL instruction that should be provided, where other states do. We shouldn’t just be looking at standardized testing in a vacuum, we should look at it in the broader view of what kind of education are we providing to our students. I think that certainly the state needs to look very  critically at whether they are providing the right test to the right students with adequate and individualized accommodations available to all.

It’s a matter of funding sometimes. In a high wealth school district, they may have accommodations that are simply not available to students in the School District of Philadelphia for whom that standardized test may have a more dire consequence. I think with children with disabilities it’s similar. There needs to be more guidance with respect to what accommodations should be made to certain students.

 

Brianna Spause is an intern at the Notebook.

Zero Tolerance for Zero Tolerance

Zero Tolerance For Zero Tolerance

The role of police officers in schools

November 3, 2015 – WHYY Radio Times

Guests: Kevin Bethel, Harold Jordan and Deborah Gordon Klehr

The nation was shocked by a recent video of a South Carolina sheriff’s deputy throwing a black high school girl to the floor and arresting her after she refused to leave the classroom. Since the late 1990’s, police officers have had a greater and routine presence in American schools. The result is a dramatic increase in student arrests and the rise of the disturbing trend called the school-to-prison pipeline. The effect has been profound among blacks and Latinos. This morning on Radio Times we explore the role of police officers in schools. Does their presence serve to remedy difficult situations or cause the escalation of conflict? We’ll talk with Philadelphia Deputy Police Commissioner KEVIN BETHEL, who works with the School District of Philadelphia and the juvenile justice system to keep students in school and out of court. He’ll be joined by education activist HAROLD JORDAN of the Pennsylvania ACLU, author of a recent report Beyond Zero Tolerance: Discipline and Policing in Pennsylvania Public Schools. We’ll also hear from DEBORAH GORDON KLEHR of the Education Law Center about the need for mandating training of school police officers.

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Civil and Disability Rights Activists Watch Philadelphia Class Action Suit Closely

September 1, 2015 – Nonprofit Quarterly (blog) – by Patricia Schaefer

Barbara Galarza, a mother with a daughter in the School District of Philadelphia, knew her daughter had learning issues. In 2013, the charter school she had attended since 2010 evaluated her, giving her a classification of ADHD and an individualized education plan (IEP) that would serve as a roadmap for her educational goals through the coming year.

Before she began receiving services, however, she had to transfer back into a public school in the district, which decided to conduct its own evaluation. Ms. Galarza, who has limited English skills, signed a bilingual consent form. What she did not realize at the time was that unlike the previous evaluation, which had been conducted in her daughter’s first language, Spanish, the district’s evaluation was conducted with a non-bilingual psychologist.

When the re-evaluation report was sent to Ms. Galarza, it was entirely in English. Thinking that it was the same diagnosis and recommendation as the previous evaluation, which she had read and understood thoroughly, she went in to a meeting with her daughter’s high school psychologist, a meeting that took place entirely in English. Expecting to talk about her daughter’s ADHD, what she found out instead was that the re-evaluation classified her daughter with an intellectual disability, a significantly more involved diagnosis requiring an entirely different set of services. Moreover, according to what she told writer Regina Medina of the Philadelphia Inquirer, the psychologist went on to reassure Ms. Galarza that “it’s better this way,” because her daughter would “get a lot more benefits.”

Ms. Galarza is now one of the lead plaintiffs in a federal class action lawsuit alleging that thousands of similarly situated families were denied the opportunity to fully participate in the special education process on behalf of their children because of limited English language skills. As one of the plaintiffs’ representatives, attorney Michael Churchill with the Public Interest Law Center described Ms. Galarza’s experience: “She has never seen the document, has no way of comprehending what the full scope of the meeting is. And she breaks out in tears at this information that is being given to her for the very first time.”

The issue is not an isolated or new one. According to the complaint, the School District of Philadelphia routinely refuses to provide parents with translated documents in a timely manner or provide sufficient translation, effectively preventing them from making informed decisions about their children’s education. Another of the plaintiffs’ representatives, Maura McInerney of the Education Law Center, claims the problem has persisted for many years. “After years of trying to address this issue with the District, we felt that the matter needed to be addressed by the courts.”

More than 70 percent of the nearly 26,000 families in the school district who do not speak English as a first language have requested documents in their native language. According to the complaint, in the 2013-14 school year, there were close to 2,000 students with IEPs whose home language was not English.

In 1975, Congress passed federal legislation that came to be known as the Individuals with Disabilities Act (IDEA). The law, which has been revised many times over the years, guarantees a free and appropriate education to all students with disabilities, ages 3–21. It specifically delineates the rights of children with disabilities—and their parents—in the special education IEP process, requiring that all decisions relative to a child’s evaluation, education plan and placement be made with the parents’ meaningful involvement. The law lays out procedural safeguards to ensure parent involvement, which include explicit requirements that all relevant information be presented to parents in their native language.

What this means in Ms. Galarza’s case is that, by law, she had the right to receive her daughter’s re-evaluation in Spanish in a sufficient amount of time (at least ten days) prior to an in-person meeting to discuss it. In her meeting with the school psychologist, she had a right to an interpreter so that she could have a meaningful and productive conversation about her daughter’s new diagnosis and IEP.

Another of the lead plaintiffs, “A.G.,” was born in the Dominican Republic and was enrolled in the ninth grade there when his mother passed away suddenly. After moving to Philadelphia to live with his extended family, he was placed in ninth grade for two more years until his aunt requested that he be evaluated for special education services. Despite requesting language assistance (and despite A.G.’s enrollment in ESL classes), the District failed to provide the appropriate documents in Spanish. Even after his aunt filed a due process complaint, all subsequent documents were barely translated and after receiving an IEP with only the section headings written in Spanish, she had nothing to read at the meeting or take home to review.

The special education process can be an arduous journey for families in the best of circumstances. It is a complex, multi-tiered process, requiring numerous IEP, placement and follow-up meetings with school staff, psychologists, therapists, and teachers. While Ms. Galarza and A.G.’s aunt, Margarita Peralta, had the knowledge and self-assurance to advocate for their children, despite the language barrier, many others in their situations are unaware of the laws protecting them or are too fearful to ask for what they need.

“Federal disability and civil rights laws mandate meaningful participation by parents in the special education process,” says Attorney McInerny. “When parents are shut out, students suffer and are denied access to critical services they need to make progress. This is why our disability laws are so clear on the obligations of schools to provide language assistance.”

Ms. Galarza is more adamant. Reflecting back on the school psychologist’s insistence that her daughter’s new diagnosis was “better,” she said, “Nobody would want news like that, it’s not logical. For me that’s not normal, to be happy to get more benefits.”

http://nonprofitquarterly.org/2015/09/01/civil-and-disability-rights-activists-watch-philadelphia-class-action-suit-closely/

Release: Lawsuit Challenges School District of Philadelphia’s Failure to Translate Documents and Interpret for Parents with Limited English Proficiency and their Children with Disabilities

 

Lawsuit Challenges School District of Philadelphia’s Failure to Translate Documents and Interpret for Parents with Limited English Proficiency and their Children with Disabilities
August 21, 2015

Philadelphia, Pa. – A federal class action lawsuit filed Friday alleges that thousands of parents and their children are illegally denied the opportunity to participate in the special education process due to the fact that they don’t understand or speak English. The complaint alleges that the School District of Philadelphia refuses to sufficiently interpret or provide parents with translated documents in a timely manner, preventing them from participating in meetings and making informed decisions regarding educational placements and services. Continue reading

GOP Budget Falls Short of Philly Schools Request

July 1, 2015 – Holly Otterbein, Philadelphia Magazine – Gov. Tom Wolf vetoed the GOP-led legislature’s state budget Tuesday night, in part, he said, because it would set aside far less education funding than he believes is fair.

How much less?

Earlier this year, the Philadelphia School District asked state lawmakers for an extra $206 million. The Republican bill would have provided only an additional $21.8 million to the school district, according to data from Senate GOP spokeswoman Jennifer Kocher. That’s about 11 percent of the surplus funding that district officials said they need.

Wolf’s proposed budget would also spend less on the school district than officials would like, but just slightly. His plan would allocate an extra $184 million to the city’s schools, according to district spokesman Fernando Gallard.

Although the GOP budget would have given the schools half a loaf, it still would have been enough to cover the district’s $85 million shortfall when combined with the $70 million in new revenue approved by City Council last month. The district requested money beyond that, though, because it hoped to begin investing in classrooms again after several years of severe cutbacks.

Deborah Gordon Klehr, executive director of the Education Law Center of Pennsylvania, applauded Wolf’s decision to veto the proposal.

“The General Assembly has failed our children by refusing to restore draconian funding cuts that have left our poorest districts unable to meet the needs of their students,” she said, referring to cuts made under former Gov. Tom Corbett.

Wolf and state lawmakers resumed talks on the budget at 2 p.m. today, the Associated Press reported.

Read the article on Phillymag.com: http://www.phillymag.com/news/2015/07/01/gop-school-funding-philadelphia/

The ABCs of school-funding formulas

Pennsylvania is one of just three states in the country that lack such a formula, a situation that has led, experts say, to the single most inequitable system of allocating education dollars in the nation. But that might change if a proposal by a bipartisan commission created during the Corbett administration is adopted.

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Public Interest Leadership Changes Reflect National Trend

June 15, 2015 – by Ben Seal, The Legal Intelligencer – The Philadelphia public interest community is in the midst of a flurry of leadership changes, and as longtime pillars of the community pass on their organizations’ torches, the same appears to be happening nationwide as a generational shift occurs. Continue reading

School-funding suit headed for highest Pa. court

May 20, 2015 – Kristen A. Graham, The Philadelphia Inquirer – Contending that Pennsylvania’s method of school funding is broken, lawyers representing a group of parents, school districts, and statewide associations are taking their case to the state’s high court, they said in court papers filed Wednesday.

 

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