The Next Decade: Special Education and Oregon Charter Schools COSA Fall Conference October 2009

ORS 338 – Public Charter Schools It is the intent of this chapter that new types of schools, called public charter schools, be created as a legitimate avenue for parents educators and community members to take responsible risks to create new, innovative and more flexible ways of educating children within the public school system. It is the intent of this chapter that new types of schools, called public charter schools, be created as a legitimate avenue for parents educators and community members to take responsible risks to create new, innovative and more flexible ways of educating children within the public school system. ORS Legislative Intent - Enacted 1999

Oregon Charter Schools ALL Oregon charter schools are public schools. ALL Oregon charter schools are public schools. ALL Oregon charter schools, including virtual or online charter schools, are public schools. ALL Oregon charter schools, including virtual or online charter schools, are public schools.

To Open a Charter School…. Before a charter school may open, it must be Approved by the sponsor district; Established as a nonprofit under Or. laws; Have applied to qualify as exempt organization under section 501(c)(3) of the Internal Revenue Code. These requirements do not apply to specified rural and small school districts.

Charter School Governance and District Oversight  Charter school board is responsible for the operation of the charter school and for meeting the terms of the charter agreement or contract with its sponsor.  Sponsoring district is responsible for holding the charter school accountable - including accountability for compliance with IDEA (federal law).

Charter School Governance and District Oversight  Sponsoring District assures ODE annually that all schools, including charter schools, comply with IDEA. All charter schools must abide by federal law, to include content of Policies and Procedures for Special Education See Policy & Procedures for Special Education

Charter Schools in IDEA IDEA specifies* different responsibilities for charter schools depending on their status as: IDEA specifies* different responsibilities for charter schools depending on their status as: –Local Education Agencies OR –Schools of the LEA (District) For purposes of IDEA, Oregon charter schools are “schools of the LEA (District)” For purposes of IDEA, Oregon charter schools are “schools of the LEA (District)” *34 CFR Treatment of charter schools and their students.

Who Chooses the School? Parents/guardians – even when the charter school is not located in their resident district. Parents/guardians – even when the charter school is not located in their resident district. Charter school is then considered the school student would attend if not disabled - the “home or neighborhood school.” Reminder: A central point of the LRE requirements is the preference (not mandate) that child is educated in school he or she would attend if not disabled.) 34 CFR (c) Charter school is then considered the school student would attend if not disabled - the “home or neighborhood school.” Reminder: A central point of the LRE requirements is the preference (not mandate) that child is educated in school he or she would attend if not disabled.) 34 CFR (c)

Who Does Not Choose the School? IEP teams do not place students in charter schools or “release” students to enroll in a charter school. IEP teams do not place students in charter schools or “release” students to enroll in a charter school. Inter-district transfer agreements do not apply to charter school – because this would be district and not parent choice. Inter-district transfer agreements do not apply to charter school – because this would be district and not parent choice. State Board of Education requires permission of district for enrollment in Oregon Virtual Academy for all students. State Board of Education requires permission of district for enrollment in Oregon Virtual Academy for all students.

When Student Seeks Enrollment... When Student Seeks Enrollment... Charter– immediately notifies parental resident district and requests records. Charter– immediately notifies parental resident district and requests records. If student is on an IEP, resident district must convene* the IEP team - but not to decide if student is allowed to enroll. If student is on an IEP, resident district must convene* the IEP team - but not to decide if student is allowed to enroll. * Using all required notices and the Oregon Standard IEP form or ODE-approved alternate.

AFTER Student Enrolls... Resident District Resident District –Provides the IEP team meeting notice –Provides the district representative –Facilitates the IEP team meeting to review and revise the existing IEP as needed with parent and other IDEA-required IEP team members –Needs to include charter school staff – for regular education participation purposes

IEP Development IEP team reviews and revises the existing IEP needed for the student to learn in the charter school. IEP team reviews and revises the existing IEP needed for the student to learn in the charter school. IEP must address all content, including statewide assessment participation IEP must address all content, including statewide assessment participation –Charter school is responsible for assessment administration 34 CFR § Development of IEP

About Placement Base decisions on the IEP revised for the student’s charter school attendance - not whether the previous IEP can be implemented at the charter school. Base decisions on the IEP revised for the student’s charter school attendance - not whether the previous IEP can be implemented at the charter school. Team may place a student in a more restrictive environment than the charter school – but must justify removal according to LRE requirements. Team may place a student in a more restrictive environment than the charter school – but must justify removal according to LRE requirements.

Special Education Who Is Responsible? District in which the parent resides* is responsible for service provision without regard to: District in which the parent resides* is responsible for service provision without regard to: –where the charter school is located; or –the type charter school is a virtual school or a typical school. *Resident District - ORS 339

Special Education Who Is Responsible? IEP must be accessible to all staff (resident district, ESD, charter school, contract) who will be responsible for implementing the IEP. IEP must be accessible to all staff (resident district, ESD, charter school, contract) who will be responsible for implementing the IEP. Each provider must be informed of his/her specific responsibilities for implementingEach provider must be informed of his/her specific responsibilities for implementingAND Specific accommodations, modifications and supports that MUST BE PROVIDED.Specific accommodations, modifications and supports that MUST BE PROVIDED. –where the charter school is located; or –the type charter school is a virtual school or a typical school. *Resident District - ORS 339

Child Find & Referrals for Evaluation Resident District is responsible for- Resident District is responsible for- –Child Find activities; –Evaluation, re-evaluation and eligibility of students in district schools (including district-sponsored charter schools); –Following up on referrals for re- evaluation and eligibility determination for students in out-of-district charter schools.

Students Attending Out-of- District Charter Schools Students with disabilities under IDEA – Students with disabilities under IDEA – considered residents of district in which their parents reside. Students without disabilities under IDEA – considered residents of district which sponsors the charter school. Students without disabilities under IDEA – considered residents of district which sponsors the charter school.

Which District Has Responsibility? Child Find-Evaluation-Eligibility Resident district – Resident district – –Students with disabilities attending a charter school are residents of the district in which the parents reside. –Students without disabilities attending a charter school are considered residents of the district in which the charter school is located.

Providing Special Education & Related Services  Responsibility of the resident district without regard to the charter school’s: –Location (in or out of the district) –Sponsorship (District or State Board) District may use own staff, ESD staff, or contract with any qualified personnel to provide services needed according to IEP. District may use own staff, ESD staff, or contract with any qualified personnel to provide services needed according to IEP.

Providing Special Education & Related Services For in-district charter schools, resident district provides in the same manner, including onsite, as for any other district school. (OAR ) For in-district charter schools, resident district provides in the same manner, including onsite, as for any other district school. (OAR ) For out-of-district charter schools: resident school district is responsible for providing special education services For out-of-district charter schools: resident school district is responsible for providing special education services

Providing Special Education & Related Services Charter school may not –Require or force a resident school district to contract with the charter school to provide special education services; –May not prohibit a resident district from using resident district staff to provide services. –Must facilitate the provision of services within its school day and calendar.

Charter School Involvement - IEP Charter school staff must Charter school staff must –Have access to the IEP; –Be informed of any particular responsibility they have for implementing the IEP provisions in the same way any regular classroom teacher is informed of implementation requirements. –Ensure statewide assessments are administered according to IEP –Implement the IEP accommodations, modifications

“Stand Ready” Does Not Apply “Stand Ready” Does Not Apply A child enrolled in a charter school is attending a public school and the resident district is responsible for services or for ending eligibility, if appropriate. A child enrolled in a charter school is attending a public school and the resident district is responsible for services or for ending eligibility, if appropriate. Districts may not release or drop students from services by sending a notice that the District “stands ready to provide FAPE when the student re-enrolls in the district.” Districts may not release or drop students from services by sending a notice that the District “stands ready to provide FAPE when the student re-enrolls in the district.”

Revocation of Consent IDEA regulations, effective December 31, 2008, permit parents to revoke consent for special education services. IDEA regulations, effective December 31, 2008, permit parents to revoke consent for special education services. –Revocation must be written. –District responsible for FAPE must provide prior written notice before ending services. After revocation, student is considered to be a regular education student. After revocation, student is considered to be a regular education student.

Revocation of Consent Effect on Residency  Students without disabilities attending out- of-district charter schools are considered residents of the district in which the charter is located.  After revocation, which district is responsible for the student?

$$$$$  State School Funds (SSF) are calculated according to ORS  For a child with a disability under IDEA: SSF - all weights – flow from the State to the RESIDENT DISTRICT first!  Districts may not redirect this distribution or agree to misreport enrollment to redirect this distribution.** ** Timely and accurate data reporting – including special education child count (SECC) is part of annual determination of district special education compliance. Noncompliance leads to sanctions of District under IDEA.

Special Education Policies & Procedures IDEA 2004 is foundation of everything in special education; IDEA 2004 is foundation of everything in special education; SEA (ODE) must ensure statewide implementation; SEA (ODE) must ensure statewide implementation; Federal and State laws, regulations, rules, & local district policies & procedures are effort to ensure implementation of law. Federal and State laws, regulations, rules, & local district policies & procedures are effort to ensure implementation of law.

Policies & Procedures Special Education P&Ps contribute to this effort –by simplifying language –by clarifying districts’ IDEA obligations—not everything in IDEA appears in P&Ps –P & Ps are available as handout and for use by charter schools. Sponsor district’s assurance to ODE of compliance with required policy and procedure content includes charter schools. Sponsor district’s assurance to ODE of compliance with required policy and procedure content includes charter schools.