Exceptional Student Services Unit 11/17/2018 Ensuring Enrollment Equity for Students with Disabilities in Charter Schools Schools of Choice Unit Bill Kottenstette, Executive Director Elizabeth Anzalone, Charter School Lead Exceptional Student Services Unit Toby King, Deputy Executive Director Presenters

Three timelines Current School/School Year 11/17/2018 Three timelines Student Special Education Teacher Classroom Teacher Parent School Administrator Other education-focused stakeholder(s) Processes Planning Transition and Current School/School Year Student Special Education Teacher Classroom Teacher Parent School Administrator Other education-focused stakeholder(s) Process needs to be collaborative in support of student’s best interests and needs Next School/School Year 2

Are there any best practices for enrollment? 11/17/2018 Are there any best practices for enrollment? Parents have the right to enroll their children in the school of their choice. Providing there is adequate space in the school for the child Providing that the school can meet the educational needs of the child Charter Schools have an obligation to ensure equitable access to all groups, including persons with disabilities. Develop a non-discriminatory enrollment process (such a process will help to ensure that there is equity in access) Review of a child’s IEP should occur immediately after a student has been selected through the non-discriminatory enrollment process and the school is made aware of the student’s IEP Ensure that all students are treated equitably in the time it takes to be admitted to the time it takes to be enrolled. Include key Administrative Unit (AU) staff in the decision. Director of Special Education (AU) Director/Principal of the proposed and current school Special education staff at the proposed and current school Other? 3

Enrollment Case Study (OCR) 11/17/2018 Enrollment Case Study (OCR) District’s Open Enrollment Program – Situation where non-disabled students were notified of admittance within a week or two after lottery, but disabled students were notified of admittance two or three months after lottery. Test – different treatment resulting in denial or limitation of services, benefits, or opportunities. Outcome related to Section 504 and Title II – An LEA may perform an individualized assessment on a student who applies through an open enrollment program, but there cannot be an undue delay. 4

11/17/2018 Guiding Questions Do our admission procedures advantage or disadvantage any particular groups? Does our admission process enable us to understand the specialized instructional and related service needs of the students seeking to enroll? Do we know who to include in the conversation when determining enrollment eligibility for students with disabilities? 5

Make it easy for parents to make informed choices. 11/17/2018 Make it easy for parents to make informed choices. https://www.google.com/search?q=Choice&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiyzaOe9cHYAhUr6IMKHcn-DCQQ_AUICigB&biw=2560&bih=1264#imgrc=XHV-WskrafOD9M: 6

11/17/2018 Who is responsible? Colorado’s Rules for the Exceptional Children’s Educational Act (ECEA) provides that the Administrative Unit (AU) is responsible for ensuring the development and implementation of a child’ s IEP and ensuring that a free appropriate public education (FAPE) is provided in accordance with a child’s IEP (as specified in 34 C.F.R. 300.209(b)(2)). Who oversees your AU? Click here to see who your local Director of Special Education is: Special Education Directors in Colorado https://www.google.com/search?biw=2560&bih=1264&tbm=isch&sa=1&ei=7wNQWpDAFoiijwS7q7CADw&q=who+is+responsible&oq=who+is+responsible&gs_l=psy-ab.3...11571.12789.0.13027.0.0.0.0.0.0.0.0..0.0....0...1c.1.64.psy-ab..0.0.0....0.c85rHhXF3R0#imgrc=7tFMgMdtBMRg-M: 7

11/17/2018 What happens if… 8 https://www.google.com/search?q=mistake&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiwoeOJ9sHYAhUo4oMKHbkSAZ8Q_AUICigB&biw=2560&bih=1264&dpr=0.75#imgrc=_I99Mze37eha4M:

Is there any guidance for Charter Schools? 11/17/2018 Is there any guidance for Charter Schools? U.S. Department of Education, Office for Civil Rights, Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 (December 28, 2016). (Section 504 FAQ Guidance) https://www2.ed.gov/about/offices/list/ocr/docs/dcl-faq-201612-504-charter-school.pdf U.S. Department of Education, Office of Special Education and Rehabilitative Services, Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under the Individuals with Disabilities Education Act (December 28, 2016). (IDEA FAQ Guidance) https://sites.ed.gov/idea/files/policy_speced_guid_idea_memosdcltrs_faq-idea-charter-school.pdf 9

CDE Resource: Colorado Charter Schools and Special Education Overview 11/17/2018 CDE Resource: Colorado Charter Schools and Special Education Overview 10

Celebrate! Good practice = great outcomes. 11/17/2018 Celebrate! Good practice = great outcomes. Develop solid procedures for enrollment. Collaborate with the local Director of Special Education. Enroll students with disabilities with confidence. Continuously evaluate the progress of students with disabilities to ensure that they are getting appropriate special education services. ALWAYS convene the IEP team to make educational decisions. 11

Questions and/or Comments? 11/17/2018 Questions and/or Comments? 12