Decision day

Judge: Douglas County schools must pay private school tuition for student at center of special education lawsuit

PHOTO: Creative Commons / supermac1961

A federal judge ruled Monday in favor of a Douglas County couple who’d sought reimbursement from the Douglas County School District for their son’s education at a private school for students with autism.

In the latest chapter of a landmark special education case, U.S. District Judge Lewis Babcock ordered the 68,000-student district to reimburse the student’s parents for the cost of his placement at the private school as well as attorney fees and litigation costs, according to the Denver Post.

The couple’s attorney estimated the amount the district owed was “in the seven figures,” according to the Post.

The couple said in an email Tuesday morning they were “very pleased” with the district court ruling,

“It is unfortunate this case ever got to this point, frankly,” they wrote. “Our attorney reached out many times over the past 8+ years in an attempt to speak and potentially settle this case out of court, but the school district time and again rejected our overtures to sit down and talk.”

Nearly a decade ago, the couple pulled their fourth-grade son, Endrew, out of his Douglas County elementary school after years with little educational progress. They placed him at a specialized school in Denver — Firefly Autism House — where they saw immediate improvements. Tuition at the school is more than $70,000 a year.

In 2011, they sued the school district in a case known as Endrew F. v. Douglas County School District. Three courts ruled against them before they took their case to the U.S. Supreme Court in 2017.

Monday’s decision comes almost a year after the high court ruled in favor of the couple, saying the Douglas County district had not provided Endrew with a free and appropriate education as mandated by federal law.

While the Supreme Court ruling was hailed as a momentous decision with enormous significance for millions of students with disabilities across the country, it kicked the question of whether the district should repay the family for years of private school back to the lower court. After seven years in the legal system, that question was answered Monday.

The Douglas County School District issued a two-sentence statement in response to the ruling, saying in part, “Earlier today, the District Court issued its ruling in the Endrew F. case. We are in the process of assessing the ruling, along with next steps.”

In their email Tuesday, Endrew’s parents — Joe and Jennifer — said, “Even after the strongly worded unanimous ruling from the U.S. Supreme Court in early 2017, (the district) still stood steadfast in their belief (and made the exact same argument again at the district court last week) that the education they provided – a ‘merely more than de minimis’ education (or barely more than nothing), was good enough.  It’s not good enough, nor has it ever been.”

They added, “Our attorney, Jack Robinson, summed it up perfectly in both our reply brief to the court, and again during the oral argument last week: ‘The school district still just does not get it.’ Hopefully now they do.”

Throughout the case, Jennifer and Joe asked that their last name not be used to protect their family’s privacy.

Read more about Joe and Jennifer’s long journey to the Supreme Court here and their frustration at being portrayed as a school choice success story by U.S. Secretary of Education Betsy Devos here.

words of advice

Here’s advice from a social worker on how schools can support transgender students right now

PHOTO: Getty Images
A flag for transgender and gender noncomforming people is held up at a rally for LGBTQ rights at Washington Square Park.

Soon after news broke that the Trump administration could further roll back civil rights protections for transgender students, one New York City teacher sent an email blast to her fellow educators.

She was searching for materials to use in biology class that reflect people of different gender identities, but couldn’t find anything.

Many city educators may similarly grapple with how to support transgender students after it was reported that the Trump administration is considering whether to narrowly define gender based on a person’s biology at birth — a move that could have implications for how sex discrimination complaints in schools are handled under federal Title IX.

Olin Winn-Ritzenberg — a social worker at the Lesbian, Gay, Bisexual and Transgender Community Center — has some tips for navigating the questions and emotions this latest proposal might surface. He runs a support group for transgender teens and their peers who want to be allies, and says the most important advice is to just be willing to talk and listen.

“I don’t think it’s the kind of thing that you want to wait until somebody is in crisis,” he said. “By bringing it up ourselves, we’re modeling support.”

Here’s what he had to say about recognizing transgender students, the protections that New York City and state offer, and some mistakes to avoid.

This interview has been edited for length and clarity.

What are your tips for how to explain the news to students and young people?

If it’s news like this, that’s hard to maybe pin down what it exactly means (this was a memo, and does it have teeth? What does it mean?) I would look to them for the feeling of it. That’s what’s really important and a lot of what’s going on is just fear mongering, and a denial of trans existence. And that is something our young people will be able to speak to, to no end, and that they’re not strangers to — especially under this administration.

I would want to help ground things and offer some reassurance that a memo doesn’t have teeth and that we can look to our local New York City and state protections — that we’re lucky to live in a place that has such strong protections, especially for students.

What kinds of protections should New York City students expect to have in schools?

A student in New York City could expect to use the facilities that align with their identity, and could expect to possibly see all-gender facilities in their schools — as there are more and more of those being converted. They can expect to be able to file or register a complaint of discrimination against other students or even staff, and can expect to have an LGBT liaison within the Department of Education. They can expect to have their name and pronoun respected and utilized, and come up with a plan with a staff member around, if they’re transitioning socially or in any form at school, how they would like to be supported and how that looks in each unique situation.

It doesn’t always happen. But the fact that we do have it in policy means that there’s a means to pursuing it and that the institution is on the side of the trans or gender non-conforming student and would help to rectify any situation that’s feeling unsafe or unsupportive.

How can teachers and adults show support for their transgender students right now?

I don’t think it’s the kind of thing that you want to wait until somebody is in crisis. It shouldn’t be necessarily on any student to bring it up. By bringing it up ourselves, we’re modeling support. Even though this is a memo and we’re all waiting to see what they’re going to try to do with it, we know the intentions behind it…

I think we can speak directly to that and not make the debate about, ‘Is there or isn’t there a trans experience?’ That’s maybe one of the most powerful things. Yes, we exist. And if you’re an ally: ‘I’m a witness. You exist. You’re valid and as valid as anybody else.’

What would that validation look like in a school setting, say, if you’re a math teacher?

I think that making things visible is powerful. So if there’s a public bulletin board in a hallway and it says, ‘We stand with our trans staff and students,’ and then people have an opportunity to sign it.

I really think it can be an individualized response by a school depending on that school’s culture and if there is leadership by students, say, ‘We would like to be vocal and explicit in our support. You come up with the idea.’ Or, not to put it on them but say, ‘We’d love to be guided or get input from you on how to do that,’ so it is, wherever possible youth and trans-led.

Say, ‘What do you need and what can we provide?’

What should teachers and adults avoid saying or doing at a time like this?

I think a common, misguided mistake — that’s not necessarily hateful, but is really harmful nonetheless — is propping up a debate that’s going to hinge on ‘Do trans people exist?’ Or, ‘Defend or argue against sex being a binary, scientific, biological basis to view narrowly.’  

If a teacher wanted to engage with this but the assignment were more like, ‘What are your thoughts,’ there is so much education that needs to be done first — and that can put a person’s very identity and being up for debate in a classroom setting.

Another really bad thing would be just to ignore it because people are maybe scared of going there or don’t know what to do.

award-winning

Top principal’s ambitious goal: 100 percent at grade level — and her school is close

PHOTO: Aisha Thomas
Aisha Thomas, principal of Zach Elementary School in Fort Collins, won a national school leadership award.

In late September, Aisha Thomas, principal of Zach Elementary School in Fort Collins, got a phone call from a student’s mother. The woman said her daughter had been telling everyone that she wanted to grow up to be a principal just like Thomas.

It was particularly heart-warming because the girl was multiethnic, just like Thomas.

“I have arrived,” Thomas recalled thinking at the time.

Perhaps it was a harbinger of things to come. In early October, Zach Elementary was one of five Colorado schools recognized as a National Blue Ribbon School, and on Tuesday, the U.S. Department of Education announced that Thomas had won a prestigious leadership award.

Thomas is among 11 principals nationwide — all leaders of Blue Ribbon schools — selected for the Terrel H. Bell Award for Outstanding School Leadership.

“I’m floored,” she said. “I just come to work and I do what I do, and I love kids and I love people.”

But there’s more to it than that.

Thomas, who’s in her sixth year at Zach and her 17th in the Poudre School District, steers the school using five-year plans, frequent classroom coaching visits, and an emphasis on teacher collaboration.

It’s critical to know “where you want to take your school and your staff,” Thomas said. And then to be patient.

“It does take five years of churning through the day-to-day and showing up for people,” she said. “It takes time.”

The school’s latest five-year plan includes a goal that 100 percent of students will meet grade-level academic and behavior expectations. The school, situated on the southeast side of Fort Collins, uses a curriculum based on the Core Knowledge sequence.

Close to 90 percent of Zach students already meet academic standards, Thomas said, but it’s not enough. Even if there’s only one child missing the mark, what if that one kid is yours, she asked.

Thomas said school leaders have always tracked serious behavior problems, but this year will begin monitoring smaller classroom disruptions and distractions that affect student learning. The school also recently hired a coordinator who runs student groups on social-emotional learning and coaches teachers on managing student behavior.

Before she came to Zach, Thomas was a middle school counselor and assistant principal in the district. Since then, she’s discovered she loves the elementary age group.

“I love how creative the kids are and they’re just sponges for new information,” she said. “They don’t take themselves too seriously and they’ll tell you if you’re having a bad hair day.”