1. Special Education in Charter Schools

2. Charter School Background  What is a charter school? Charter Schools are independent and autonomous public schools established under Article 56 of the Education Law.  Who oversees charter schools? The charter entity (“authorizer”) that approved the charter school provides primary oversight throughout the term of the charter. However, the Board of Regents also has oversight authority over every charter school. See Education Law §2853(2).  The Board of Regents, SUNY Trustees, the NYC Department of Education, and the Buffalo Board of Education are all charter authorizers in NYS.

3. How Many Charter Schools Exist? Charter Authorizer Charters Open with students in 2015-16 Charters Scheduled to open in 2016- 17 or later Charters Closed to Date * Total Charters Approved To Date ** Board of Regents 6777 84 SUNY 1322415 171 NYCDOE 5507 62 Buffalo BOE 200 2 Total2563429 319

4. How Many Charter Schools Can Exist? Charter Authorizer Charters Permitted Per 2015 Legislation Statewide Charters Approved by Authorizer Under 2015 Legislation Charters Remaining 2015 Legislation Statewide* NYC NYC Statewide NYC NYC Board of Regents 181 50 (of 181) 7 172 43 (of 172) SUNY 2 Total9

5. Why Do Charter Schools Exist?  What is the purpose of a charter school? There are six statutory charter school purposes set forth in Education Law §2850.  How is a charter school different than a traditional public school? 1. Charter schools are publicly funded, and privately operated. 2. Charter Schools are held to a performance contract.

6. Applicable Laws  Are charter schools subject to the same laws and regulations that apply to other public schools? Yes and no. See Education Law §2854(1)(a) and (b).  What laws apply to charter schools? 1. Relevant to today’s discussion, the following laws apply: 2. Charter School Act – Article 56 of the Education Law, specifically (2851(2)(h)) 3. IDEA, including Child Find 4. DASA – 8 NYCRR §119.6, Education Law §10-18 5. CDOS Regulations 6. Section 504 of the Rehabilitation Act of 1973 7. Some provisions of Education Law §3214 (see IDEA)

7.  Does NYS Law mandate that charter school teachers be certified and/or highly qualified? Yes and No. See Education Law §2854(3)(a-1).  Does Federal Law mandate that charter school teachers be certified and/or highly qualified? No. Federal law does not require charter school teachers to be highly qualified or certified.  Are there any requirements for charter school teachers? Yes. See, Education Law 2854(3)(a-1) and Board of Regents Policy. Teacher Certification

8.  Are charter schools required to enroll children with special needs? Yes. See Education Law §2854(2)(a).  What are enrollment and retention targets? In accordance with the 2010 revisions to the Charter Schools Act, the Board of Regents and the State University of New York have worked collaboratively to establish targets for the enrollment and retention of students with disabilities, English language learners and students who are eligible for the free and reduced price lunch program. The targets are comparable to the figures for these categories of students within the public school district of location.  How are services provided to charter school students? Pursuant to Education Law §2853(4)(a) sets forth three ways services can be provided to charter school students. Enrollment and Services

9. Developing the IEP  Who Develops the IEP? The CSE of the Student’s District of Residence.  When developing the IEP of a student with a disability enrolled in a charter school, is the CSE limited to only recommending special education programs and services currently offered by the charter school? No. Pursuant to Education law § 2853(4)(a), charter schools must comply with the student’s IEP.  Must the CSE ensure the participation of a representative of the charter school in the development and review of the student’s IEP? Yes.  Does the CSE place a student with a disability in a charter school? No. All charter school students are admitted by application or lottery.

10. Developing the IEP  What procedures must be followed when the IEP of a student enrolled in a charter school requires full-time placement outside of the charter school program (e.g., in an approved private residential school, State-operated or State-supported school)? The charter school must discharge the student to the school district of residence and may not continue to enroll the student once the new IEP is implemented.

11. IEP Implementation  How soon after the enrollment of a student with a disability or after a new or revised IEP is developed must a charter school implement the IEP? As soon as possible.  What happens if the IEP is not implemented by the School in a timely manner? The school may be placed on corrective action, probation, and other disciplinary measures.

12. Payment for Services  How is charter school tuition calculated? Pursuant Education Law §2856 charter school basic tuition is the sum of: 1. Charter School Basic Tuition PLUS 2. Supplemental Basic Tuition See https://stateaid.nysed.gov/charter/https://stateaid.nysed.gov/charter/  How are support services paid? The school district must pay the charter school federal or state aid received for a student with disability attending the charter school, in proportion to the level of services that the school provides directly or indirectly to the student, see Education Law §2856(1).  Who provides health services? Education Law §912 provides that the district of residence pays for health services.

13. Transportation  Who provides transportation for students with disabilities enrolled in a charter school? In many cases, the district of residence.

14. Graduation Requirements  Is the charter school responsible for administering State examinations? Yes, according to Education law §2854(d).  Can the charter school issue a diploma or certification? Yes.  Who administers testing accommodations for students with disabilities attending a charter school? Whoever is administering the State, local, or classroom examination implements the testing accommodations.  Do students who attend the charter school receive the safety net provisions under Part 100 of the Regulations? Yes

15. Discipline of Students with Disabilities  What kind of discipline plan do charter schools have to have? Charter schools may establish their own standards for student behavior within the school.  What due process procedures must be followed for students with disabilities pertaining to discipline? Charter schools are required to have student discipline procedures that are consistent with due process and the discipline procedures contained in the IDEA and Federal regulations (34 C.F.R. §§ 300.519-300.529).  To what extent should charter school discipline procedures for students with disabilities be coordinated with the CSE of the student's school district of residence? When disciplining students with disabilities, charter schools must ensure that the student continues to receive all services specified in the IEP. This will require extensive coordination between the charter school and the CSE. Similarly, because the CSE of the school district of residence carries out all CSE functions relating to disciplinary actions taken against charter school students, charter schools and school district CSEs must develop procedures to assure that both entities are able to meet their respective obligations to charter school students under the IDEA discipline procedures.

16.  What do we look for when we examine charter school discipline policies? A. States infraction, gives an example of a specific behavior, describes intervention and or consequence, describes possible disciplinary action. Specific conduct provisions with corresponding consequences and appropriate correlation between act and consequence B. Language in compliance with the Dignity For All Students Act. See Article 2 of the Education Law C. Suspensions—Short and long term and Expulsions—Clearly outlines the process step by step. Also includes information for families such as written notifications, hearings, parental rights, Due Process, and an appeals process. The hearing process should include a timeline and the school’s obligation to prove the charge at the hearing. Charter School Discipline Policies

17. D.Alternative Instruction—Must be aligned with all applicable NYS laws, regulations and the Individuals with Disabilities Education Act. Information includes the time frame for actual instruction, location and a description of who will provide the instruction. It should be substantially equivalent to the instruction they would receive prior to the suspension. IEPs and 504 plans are to be implemented. Outlines additional information for families such as written notifications, hearings and an appeals process. E.Special populations—Describes the school’s procedures step by step, outlines the Manifestation Determination Review, and describes special circumstances for implementing an Interim Alternative Educational Setting. F.Complaint/Appeals Process—Describes step by step procedures including contact information for the Board of Trustees of the charter school, and the Board of Regents. Charter School Discipline Policies Cont.…

18. Charter School Complaints  How are charter school complaints handled? Education Law §2855(4) contains a complaint process for all charter schools. Generally, the process requires three steps: 1. Send a complaint to the school’s board of trustees 2. Send a complaint to the charter entity 3. Send a complaint to the Board of Regents (if the Board of Regents is not the charter entity).

19. Charter School Office Resources  NYSED Charter School Office Website http://www.p12.nysed.gov/psc/  NYSED Charter School Office Contact Info ( 518) 474-1762 CharterSchools@NYSED.gov David Frank – Executive Director Susan Megna - Performance Oversight Coordinator Vickie Smith – New Schools Coordinator Susan DuFour – Fiscal Oversight Coordinator Karonne Jarrett Watson, Esq. - Counsel

20. Questions?