Nov 2, 2015

Agenda 1. Welcome and Introductions2. Overview of Oakland Special Education Landscape 3. Overview of Current Special Ed Arrangements in CA 4. Discussion: Proposed Partnership Model for Oakland

Unique Challenges in OUSD Charter schools leaving the OUSD SELPA in search of more autonomy and access to funding Lack of local district options for charter schools in special education Charter schools experiencing challenges with securing appropriate and timely special education services High fair share contribution/encroachment costs Summary of recent research Needs for further research What are the challenges?

Overview Oakland SPED Landscape

SPED Variation in Oakland There are 25 OUSD-authorized schools in charter SELPAS. Additionally, there are 7 county- authorized schools operating within OUSD boundaries – also in charter SELPAs. Of the 12 charter schools remaining in the OUSD SELPA, most are: ①Actively seeking to leave the OUSD SELPA in the near future ②In a unique arrangement with OUSD that confers greater autonomy and/or cost cap

Charter School Trends What are the fiscal implications to both charters and the District?

Impact of Charter School Exits from OUSD SELPA Encroachment is spread over a smaller pool of ADA, thereby increasing the fiscal challenge posed to schools remaining and further incentivizing switch to a charter SELPA Loss of data-sharing opportunity Loss of service-sharing opportunity Lack of formal partnership and limited ability to address challenges, perceived or real, collaboratively

School of the District Ed. Code §47641(b) Local Education Agency for Special Education Ed. Code §47641(a) Statewide, most charter schools are schools of the district for special education purposes. In Oakland, the reverse is true. Two Options for Charter Schools

Continuum of Options and Solutions High Fair Share Low Fair Share/ Choice of Provid ers LEA- like /COP3 (Los Angeles) Option 2 (Los Angeles) No Fair Share Reimb ursem ent School of the District LEA for Special Education

Growth in Options In 2010, 4 SELPAs had agreed to partner with charter schools, allowing them to become LEAs for special education purposes in their SELPA. Now, 23 SELPAs have admitted charter schools into their SELPA as LEAs. Among those are 4 charter only SELPAs: El Dorado, Sonoma, Los Angeles County, and Desert Mountain. In , LAUSD formed Option 3 that allows charters to remain “schools of the district” but enjoy an LEA-like status. SDUSD followed with a similar Option for year. Growth of LEA and LEA-like Arrangements

Overview of Current Options Current ArrangementCharter School as its own LEA GOVERNANCE Charter schools do not participate in SELPA governance because the district is the LEA Charter must be accepted as a member of a SELPA. Charter participates in the governance and decision- making of the SELPA RESPONSIBILITY & SERVICES District is responsible for providing FAPE Charter reserves the right to contract with outside service providers Charter carries responsibility for providing FAPE Charter has full control of design and implementation of programs and services SPECIAL EDUCATION FUNDING All revenue is retained by OUSD Charters do not receive any access to funding except for the Plan B utilized by 1 charter Estimated fair share contribution/encroachment is $820 per ADA for school year AB 602 approx. $511 less 5-7% admin fee and 5% set aside pool Add federal funding (approx. $130 per ADA, depending on the SELPA) Add Mental Health Funding (funding varies: EDCOE $10 per ADA; additional assistance provided based on need/eligibility) Total estimated funding: $600 per ADA

LAUSD Model Option 1 True “school of the district” LAUSD retains State and Federal special education funds LAUSD provides all services to students in the charter school Charter schools pay a fair share contribution to the District Option 2 Charter school retains it’s share of special education funds minus fair share contribution (reduced) Charter is responsible for providing services to students at the charter school Charter receives support from LAUSD in alternative placements and due process Option 3 A charter-only sector of the SELPA that allows charters an option to operate autonomously but with accountability. Charters receive 80% of State and Federal special education funds, minus an Administrative Fee paid for the use of the existing SELPA infrastructure

Option 3: Successful Elements Clear criteria for admission to Option 3 Responsibility for all services and placement decisions Full flexibility and autonomy to control how special education services are delivered at the school Access to district-operated services on a fee-for-service basis as needed Investment in infrastructure (grant pool) Charters have the ability to participate in governance and decision-making at the SELPA level Training and support in response to actual school needs

Charter SELPA – Potential Neg Implications Charter School School District SELPA Traditional School OUSD Traditional SELPA OUSD Charter SELPA Funded at : $535 AB 602 $206 IDEA $71 MH $821/ADA Funded at : $527 AB 602 $107 IDEA $71 MH $705/ADA

Discussion: Which Model is Right for You? Governance The role of school in the governance of the SELPA Governance The role of school in the governance of the SELPA Services Access to district services Services Access to district services Funding The amount of special education funding you would receive Funding The amount of special education funding you would receive Liability The extent to which your school is prepared for potential litigation Liability The extent to which your school is prepared for potential litigation

Proposed Model Create a Continuum of Options for Charters School of the District Hybrid (Later) LEA-like( Pilot)

Benefits of the LEA-like Model For the District District is relieved of all responsibility for special education service provision on charter sites District is able to maintain connection to students and families District retains funding for administrative costs to support charter programs District is able to retain a portion of the funding as all of the funding is not lost to another SELPA For Charter Schools More transparent allocation of funds and access to all applicable funding streams Funding allocations are not tied to disability, so funding can be better correlated to needs/unique models Full responsibility and accountability for special education programs Opportunity to pool funds to share services, mitigate risk, and invest in special education infrastructure

Discussion Q & A Gina Plate Kate Dove Brigette Dutra