Students with Disabilities

Education Law Center Applauds Change in Philadelphia’s Student Discipline Policy

ELC has long advocated for alternatives to out-of-school suspensions of young children; they are not age-appropriate and do not make schools safer. Suspensions of kindergartners were banned in Philadelphia in 2016. The District’s School Reform Commission in June 2018 formally changed the School District’s student conduct and discipline policy, extending the existing ban on out-of-school suspensions to cover grades 1 and 2. This means that students in those grades cannot be suspended unless it is shown that their behavior resulted in serious bodily injury. Read our release here.

PDE Widens Investigation and Remedy For Young Children With Disabilities Transitioning to Kindergarten in Philadelphia

The Pennsylvania Department of Education (PDE) has significantly broadened its corrective action in response to ELC’s administrative complaint alleging that the School District of Philadelphia denied young children with disabilities timely evaluations and special education services upon transitioning to Kindergarten or First Grade.  In its prior Complaint Investigation Report (“CIR”) PDE required the District to determine whether it denied any child’s right to receive mandated services during this critical transition, and if so, to issue compensatory education to make up for lost services.  At ELC’s urging through a Request for Reconsideration, PDE agreed to verify the accuracy of the District’s determination that 170 children had been denied services with a random file review.  Recently completed, that review disclosed that the District failed to identify a significant number of students who were denied special education services.  In response, PDE has now expanded its investigation to include an additional 1,795 students with disabilities who transitioned to school last fall to ensure that all children receive needed make-up services.  ELC will continue to press PDE to ensure every child receives relief.  The District is also required to obtain PDE approval for a new procedure to prevent recurring violations this upcoming fall.  You can read the complaints filed by Independence Foundation Law Fellow Sean McGrath and PDE’s Investigation Reports here.

Open Letter to the Philadelphia School Reform Commission on Charter School Equity

The Education Law Center sent an open letter to Philadelphia’s School Reform Commission expressing renewed concern about issues of equity and universal access at Philadelphia charter schools. Data from the District’s Annual Charter Evaluations indicate that vulnerable student populations are underserved by the charter sector. The letter endorses the School District’s efforts to build a more robust Charter School Office. Read more here.

24 Pennsylvania Organizations Join Together to Oppose ESA Voucher Senate Bill

On January 19, 2018, ELC joined 23 other organizations, including teachers, other school workers, school administrators, school boards, advocates, faith-based organizations, and non-partisan civic organizations such as the League of Women Voters, to oppose PA Senate Bill 2.  The Bill is a school voucher proposal masquerading as an Education Savings Account program.  The Bill is a direct attack on public education itself, because it would divert tax dollars to private and religious schools that have no accountability to the public and no obligation to provide (for example) special education, other services to children with disabilities, or services to English Language Learners.  Read the letter here and please call your PA Senator to help protect public education in Pennsylvania by urging him or her to oppose this regressive proposal.

Open Letter to the Mayor on Philadelphia School Board Nominations

The return of the School District of Philadelphia to local control and the formation of a nine-member school board over the next few months present a unique opportunity to put Philadelphia’s schools on a positive course. Based on our close work with Philadelphia students and families, we wrote the nominating panel and the mayor to urge them to prioritize five commitments that we see as key to the success of this new board. Click here to read the letter.

ELC Files Comments with the US Commission on Civil Rights Emphasizing the Importance of Federal Guidance and Regulations Designed to Protect Students of Color with Disabilities from Discrimination.

On January 16, 2018, ELC submitted comments to the US Commission on Civil Rights to highlight the fundamental importance of federal guidance and regulations in protecting the education rights of students of color who have disabilities.   Citing data showing significant and continuing disparities in educational opportunities and outcomes due to discrimination on the basis of race and disability, the comments conclude:  “ELC applauds the U.S Commission on Civil Rights’ efforts to highlight the issue of discriminatory discipline of students of color with disabilities and the need for continued enforcement of federal laws that directly addresses racial and disability disproportionality. We urge federal policymakers to continue and enhance enforcement through full implementation of the Guidance to encourage districts to remedy profound disciplinary disparities among students of color with disabilities.”  The comments were prepared by ELC attorneys  Reynelle Brown Staley, Deborah Klehr, Maura McInerney, and Kristina Moon.  Read the comments here.

OCR Opens Investigation into Claims of Discrimination against School District of Philadelphia for Failing to Address Bullying of Children with Disabilities

On November 28, 2017, the United States Department of Education’s Office for Civil Rights (“OCR”) announced that it has opened an investigation into claims of discrimination filed by the Education Law Center-PA (“ELC”) regarding the School District of Philadelphia’s treatment of children with disabilities who have been bullied and harassed. ELC’s Complaint, filed July 27, 2017, alleged a systemic failure by the School District of Philadelphia (“District”) to promptly and appropriately address pervasive and severe bullying of students with disabilities as exemplified by the stories of multiple students.   Read the news release here.

 

Pa. Department of Education finds Philadelphia School District Violated Rights of at least 800 Children Starting Kindergarten

The Education Law Center has successfully filed a complaint against the School District of Philadelphia on behalf of hundreds of students with disabilities who were not provided with needed services after entering kindergarten or first-grade. The Pennsylvania Department of Education has issued corrective action in response to the complaint, requiring the School District of Philadelphia to issue compensatory education services for all children who were denied a free, appropriate, public education due to the District’s delay and inaction. The Education Law Center applauded the Department’s findings and intervention but also requested further corrective action.  Here are links to read the Complaint and the Department’s Complaint Investigation Report.

Education Law Center Challenges School District of Philadelphia’s Failure to Address Severe Bullying of Students with Disabilities

PHILADELPHIA, PA (July 27) Yesterday, the Education Law Center-PA (“ELC”) filed a Complaint with the United States Department of Education’s Office for Civil Rights (“OCR”) alleging a systemic failure by the School District of Philadelphia (“District”) to promptly and appropriately address pervasive and severe bullying of students with disabilities.
“Sadly, students with disabilities are far more likely to experience bullying in school than their non-disabled peers,” said Alex Dutton, Independence Fellow at the Education Law Center. “Under federal law, these students are entitled to an educational program that enables them to make meaningful progress in school. Bullying of a student with a disability on any basis may interfere with this critical right, and school districts must promptly and appropriately address it.”
“The District’s failure to address bullying denies students with disabilities access to equal educational opportunities and is therefore discriminatory,” said ELC Senior Attorney Maura McInerney.
The Complaint alleges that in some cases, the District failed to respond to parents’ complaints about bullying for months and even years.
In one case, a third-grade child with disabilities was kicked and punched by classmates, causing a concussion, and repeatedly called derogatory names like “retard” and “dumb.”
Another nine-year-old child was repeatedly called “idiot” and “stupid” by her classmates, who told her they hoped she never came back to class.
The Complaint details how children who once loved school cried, shook, and begged not to go to school following months of pervasive bullying. Some of these parents asked the District to transfer their children to new schools, away from the bullying, but the District refused.
“What we see is that parents, having tried for months to get the District to do something, make the rational choice to keep their children home on days when they are demonstrating extreme aversion to school,” Dutton said. “Rather than intervene in accordance with federal anti-discrimination laws, the District’s response was to refer these families to Truancy Court, where the problem is framed as a failure of the family. This is not only discriminatory, it erodes any semblance of trust between District staff and the families they serve.”
Attorneys for the parents hope that the Complaint will result in the implementation of new District policies and training to ensure school staff promptly and properly intervene to resolve bullying of students with disabilities in an appropriate, non-discriminatory manner. ELC is also seeking individual relief for the named students.
The students in this Complaint are represented by ELC attorneys Alex Dutton and Maura McInerney. More information about the case and a link to download a copy of the Complaint are here.
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The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ/NGC students, and children experiencing homelessness. For more information visit https://elc-pa.org/ or follow on Twitter @edlawcenterpa.

Education Law Center Condemns White Supremacist Violence in Charlottesville, VA

We stand with the school children we serve to condemn the bigotry, hate, and violence of white supremacists in Charlottesville. We are deeply saddened and outraged by these tragic events and know that the racism we witnessed in Virginia exists in other communities across our country. We cannot and will not tolerate it.

We are reminded that no person is born to hate — it is something that is taught. ELC pledges its commitment to call out and confront the growing racism and bigotry we are seeing in our schools: from the harassment of students based on race and religion, to the disproportionate suspension and expulsion of children of color and children with disabilities. We pledge to fight discrimination, to be a catalyst for promoting respect and tolerance, and to be a champion for true inclusion. We commit to continuing our work to end discriminatory practices in enrollment and learning opportunities, end gross racial disparities in school funding, and dismantle the school-to-prison pipeline.

America is better than this. We are better than this. We stand with parents, teachers, youth, community partners, and other civil rights advocates who are working tirelessly every day to condemn and combat racism and ensure that our children learn the power of diversity, equality, and true democracy.

Thank you for your partnership in this important work.

Deborah Gordon Klehr
Executive Director

 

ELC files OCR complaint to remedy bullying of students with disabilities in the School District of Philadelphia

On July 26, 2017, ELC filed a Complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) on behalf of students with disabilities in the School District of Philadelphia, alleging discrimination based on a systemic failure by the District to promptly and appropriately address severe and pervasive bullying of these students.  The Complaint chronicles the bullying of four students and explains how the District’s failure to respond to parent complaints, denying students the right to transfer, and referring students and parents to Truancy Court led to prolonged periods of pervasive bullying and the deprivation of free, appropriate public education to vulnerable students with disabilities.  ELC is seeking systemic reforms to remedy the District’s policies and practices.  You can read a copy of ELC’s Complaint here.

Local advocates brace for changes in federal education civil rights policy

“I don’t think districts are off the hook from following civil rights laws.”  Deborah Gordon Klehr, ELC Executive Director

7/17/2017 by , published in The Philadelphia School Notebook

Local advocates and civil rights leaders are preparing to be more watchful in response to the decision under the Trump administration to scale back the U.S. Department of Education’s investigations of civil rights violations.

The department announced in early June that it is changing its approach to dealing with discrimination complaints.

Through an internal memo, Candice Jackson, acting head of the department’s Office for Civil Rights, stated that investigations into systemic discrimination will no longer be required and cases will be treated on an individual basis. Civil rights advocates, including those in Philadelphia, say the new protocol could spell disaster for the nation’s most vulnerable students. Continue reading →

School Reform Commission approves new in-house special education program: The District downscaled the proposal after advocates complained, but concerns linger.

July 6, 2017 — Philadelphia Public School Notebook — by Dale Mezzacappa and Avi Wolfman-Arent

The School Reform Commission voted Thursday to establish a new in-house special education program for 100 students, most diagnosed with social-emotional disabilities and now placed in facilities run by Wordsworth. The new program will be run initially by the private education provider Catapult Learning before transitioning to full District control.

Continue reading →