Special Education and the Charter Schools Donnalyn Jaque-Antón, Associate Superintendent Didi Nubla, Deputy Budget Director November 20, 2008

Relevant State Law Education Code 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.”

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).

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.

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.

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.

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.”

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

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.

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.

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

Service Delivery Models Within LAUSD Charter schools provide their own services Services available from the District through fee-for-service

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 SELPA’s cost of providing services. 13

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 District’s 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 14

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 15

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 school’s 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. 16

If a charter school has a per pupil unrestricted support cost that is higher than the District’s 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 School’s ADA 360 School’s Unrestricted Program Support per ADA $ 1,042 LAUSD’s Unrestricted Program Support per ADA $ 993 Difference in Unrestricted Program Support $ 49 multiplied by School’s ADA 360 Additional Allocation to School $ 17,640 17

If a charter school’s unrestricted program support costs per pupil is lower than the District’s 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 School’s ADA 360 School’s Unrestricted Program Support per ADA $ 556 LAUSD’s Unrestricted Program Support per ADA $ 993 Difference in Unrestricted General Fund support $ 437 multiplied by School’s ADA 360 Additional Charge to School $157,320 18

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 School’s ADA 360 School’s Unrestricted Program Support per ADA $ 0 LAUSD’s Unrestricted Program Support per ADA $ 993 Difference in Unrestricted Program Support $ 993 multiplied by School’s ADA 360 Additional Charge to School $ 357,480 19

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 School’s ADA 360 School’s Unrestricted Program Support per ADA $ 993 LAUSD’s Unrestricted Program Support per ADA $ 993 Difference in Unrestricted Program Support $ 0 multiplied by the School’s ADA 360 Additional charge/revenue to school $ 0 20

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.

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

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 MCD guidance and supports Due Process Coordination Support Units – Technical Support

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

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

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