1. Charter School Applicant Technical Assistance Session
Topic: Sponsors and Special Education
December 15, 2017
Rebecca Davis
Team Lead for Results-Driven Accountability
Office of Special Education Services
South Carolina State Department of Education

2. Supporting the Mission and Vision of the SCDE
The mission of the SC Department of Education is to provide leadership and support so that all public education students graduate prepared for success.
Vision
All students graduate prepared for success in college, career, and citizenship. By 2018, at least one school in every district will have implemented personalized learning that supports students meeting the Profile of the South Carolina Graduate.
OSES supports the SCDE mission statement and vision by ensuring that all students with disabilities in SC have available a free appropriate public education (FAPE) in order to be ready for success in college, careers, and citizenship.  

3. Profile of the South Carolina Graduate

4. SC Code of Laws Section 59-40-40 (2)
A charter school: (a) is, for purposes of state law and the state constitution, considered a public school and part of the South Carolina Public Charter School District, the local school district in which it is located, or is sponsored by a public or independent institution of higher learning; (b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

5. SC Code of Laws Section 59-40-40 (4)
The sponsor of a charter school is the charter school's Local Education Agency (LEA) and a charter school is a school within that LEA. The sponsor retains responsibility for special education and shall ensure that students enrolled in its charter schools are served in a manner consistent with LEA obligations under applicable federal, state, and local law.

6. SC Code of Laws Section 59-40-50 (B)
A charter school must: (1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district or, in the case of the South Carolina Public Charter School District or a public or independent institution of higher learning sponsor, the local school district in which the charter school is located;

7. SC Code of Laws Section 59-40-60
An approved charter application constitutes an agreement between the charter school and the sponsor. A contract between the charter school and the sponsor must be executed and must reflect all provisions outlined in the application as well as the roles, powers, responsibilities, and performance expectations for each party to the contract.

8. What all this legal stuff means
The sponsor is the local educational agency (LEA) for purposes of the Individuals with Disabilities Education Act (IDEA). As a result, the sponsor can (and will) be held accountable by the state educational agency (SEA) for any noncompliance with the IDEA by the sponsored charter school. The charter school is required to adhere to its charter application/contract and the Charter Schools Act. This includes complying with disability rights requirements. The sponsor can hold the charter school accountable for compliance under the charter school application/contract and Charter Schools Act.

9. Remember, to get approved the charter school promises that:
It understands the requirements of the IDEA and will comply with these requirements, which includes appropriately certified personnel, documentation, assessments, adaptations, and modifications;
It will provide a variety of service delivery and placement options;
It will provide needed staff, funding, and other resources to implement individualized education programs (IEPs);
It will have a process for addressing IDEA compliance regarding student discipline, suspension, and expulsion for students with IEPs and the continued provision of FAPE; and
It will provide nonacademic and extracurricular services and activities in a manner that would afford children with disabilities an equal opportunity for participation in school or district activities.

10. The charter, the school, and its governing board must also give assurances that they:
Will comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
Will adhere to the same health, safety, civil rights, and disability rights requirements as are applied to other public schools;
Will report to its sponsor and the South Carolina Department of Education (SCDE) documentation of the appropriate use of federal funds the charter school may receive; and
Will adhere to all provisions of federal law relating to students with disabilities, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990 that are applicable.

11. Charter applications must include:
a clear indication that the prospective charter school understands requirements of the Individuals with Disabilities Education Improvement Act (IDEA) of 2004, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and Title III of the Elementary and Secondary Education Act (ESEA) and plans to comply with these requirements, which includes appropriately certified personnel, documentation, assessments, adaptations, and modifications;
a description of the plan to provide a variety of service delivery and placement options;
plans for transitioning students out of special education;
a description of the plan to include needed staff, adequate funding, evaluation of programs’ success, flexibility to add contracted services, and specific services the sponsoring district is expected to provide for the initial year of operation; and
a description of the plan to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in school or district activities.

12. Issues that have been reported
Counseling students out of coming to the charter school (discouraging parents of students with disabilities from applying)
Developing IEPs to fit the charter school’s program rather than the students’ needs
Failing to provide the services as set forth in the IEPs
Giving the answer: “we do not provide those services”
Inappropriate expenditure of IDEA funds
Not adhering to IDEA procedural safeguards in discipline situations
Schools are reluctant to perform initial evaluations and when they do, they are not comprehensive

13. Biggest challenges for applicants
Providing a continuum of service options for students with disabilities
Maintaining appropriate staffing and contractors for evaluations, reevaluations and provision of specialized instruction and related services
Providing necessary accommodations and modifications
Establishing an effective oversight/compliance review system
Providing comparable services in a timely manner to students with IEPs transferring into the school
Understanding that they have the charge of, and flexibility to, improve student outcomes using  innovative methods, but with this flexibility comes responsibility and accountability

14. 10 Steps: The Basics of Special Education Process under IDEA
Step 1. Child is identified as possibly needing special education and related services
Child Find-Determining Eligibility
Each state is required by IDEA to identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, LEA’s conduct what are known as Child Find activities.
Referral or request for evaluation.
Referrals can be made by both parents and district personnel
There are two primary ways in which children are identified as possibly needing special education and related services: the system known as Child Find (which operates in each state), and by referral of a parent or school personnel.
Child Find. Each state is required by IDEA to identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, states conduct what are known as Child Find activities. When a child is identified by Child Find as possibly having a disability and as needing special education, parents may be asked for permission to evaluate their child. Parents can also call the Child Find office and ask that their child be evaluated.
Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child’s teacher or other school professional to ask that their child be evaluated. This request may be verbal, but it’s best to put it in writing.
Parental consent is needed before a child may be evaluated. Under the federal IDEA regulations, evaluation needs to be completed within 60 days after the parent gives consent.

15. 10 Steps: The Basics of Special Education Process under IDEA
Step 2. Child is evaluated
Comprehensive Evaluation
Must be decided upon by an evaluation team
Many methods of assessment
Not just done by the school psychologist or speech-language therapist
Must assess all areas of suspected disability and identify all of the child’s educational needs
Parents must sign consent for evaluation
The evaluation must assess the child in all areas related to the child’s suspected disability. The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They may ask that the school system pay for this IEE. They may also request a due process hearing to challenge the school’s evaluation.

16. 10 Steps: The Basics of Special Education Process under IDEA
Step 3. Eligibility is determined
Must follow South Carolina eligibility criteria
Parents are part of the group that decides eligibility
Parents do not have to sign consent for eligibility
Proper procedures for determination must be followed
Parent
A group of qualified professionals and the parents look at the child’s evaluation results. Together, they decide if the child is a “child with a disability,” as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.

17. 10 Steps: The Basics of Special Education Process under IDEA
Step 4. Child is found eligible for services and parent signs consent for special education services
Step 5. IEP meeting is scheduled within 30 days of eligibility determination
Step 6. IEP meeting is held, and the IEP is written and implemented as soon as possible
Parents must sign consent for initial provision of services
IEP is written to provide services to the student in all areas of need

18. 10 Steps: The Basics of Special Education Process under IDEA
Step 7. Services are provided
Must be provided by appropriately certified staff
IEP must be implemented as written
General education teachers must be made aware of their responsibilities
Students may not be excluded from activities because of their disability
The school makes sure that the child’s IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child’s teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child in keeping with the IEP.

19. 10 Steps: The Basics of Special Education Process under IDEA
Step 8. Progress is measured and reported to parents
Child’s parents are regularly informed of the child’s progress and whether that progress is enough for the child to achieve his/her annual goals by the end of the year.
Parents are provided with periodic reports on the progress the child is making toward meeting the annual goals.
The child’s progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of the child’s progress and whether that progress is enough for the child to achieve the goals by the end of the year. Parents are provided with periodic reports on the progress the child is making toward meeting the annual goals.

20. 10 Steps: The Basics of Special Education Process under IDEA
Step 9. IEP is reviewed
The child’s IEP is reviewed by the IEP Team at least once a year, or more often if the parents or school ask for a review.
Parents, as Team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.
Step 9A. Transfers
When a child with an IEP transfers into the school, the school must provide comparable services as soon as possible after transfer.
The child’s IEP is reviewed by the IEP Team at least once a year, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as Team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.
If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP Team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation or a due process hearing. They may also file a complaint with the state education agency.
Step 9A. Child with IEP transfers in
When a child with an IEP transfers into a charter school, after consultation with the parent, the school must implement services that are comparable to those in the previous IEP as soon as possible until the new IEP meets to either adopt the previous IEP or develop its own, based on data.

21. 10 Steps: The Basics of Special Education Process under IDEA
Step 10. Child is reevaluated
At least every three years the child must be reevaluated, unless the parents and school agree that a reevaluation is unnecessary.
This evaluation is often called a “triennial.”
Its purpose is to find out if the child continues to be a “child with a disability,” as defined by IDEA, and what the child’s educational needs are.
However, the child must be reevaluated more often if conditions warrant or if the child’s parent or teacher asks for a new evaluation.
Step 10. Child is reevaluated.
At least every three years the child must be reevaluated, unless the parents and school agree that a reevaluation is unnecessary. This evaluation is often called a “triennial.” Its purpose is to find out if the child continues to be a “child with a disability,” as defined by IDEA, and what the child’s educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child’s parent or teacher asks for a new evaluation.

22. Special Education is a service, not a place

23. Questions

24. Contact Information
Beckie Davis