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.

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Sayonara, SESIS: New York City to scrap its beleaguered special education data system

PHOTO: Patrick Wall/Chalkbeat

New York City is scrapping a special education data system that has frustrated educators since it launched nearly a decade ago.

The troubles of SESIS, as the city’s Special Education Student Information System is called, are well known. Since its launch in 2011, the system — which required over $130 million to build — cost the city tens of millions of dollars in settlements, at times malfunctioned more than 800,000 times a day, and made it difficult to track whether students with disabilities are getting the services they need.

Education department officials said they have been able to “stabilize” the system in recent years. But they also have concluded that an entirely different system is needed. On Friday, they announced that they would phase SESIS out and replace it with something new — at a cost and on a timeline that is not yet clear.

The announcement comes on the eve of a City Council hearing set for Monday where council members say they will press for more transparency about special education.

“It was originally designed as a document management system,” Lauren Siciliano, the education department’s Deputy Chief Operating Officer, said about SESIS. “Think more of a filing cabinet right now as opposed to being able to follow a student through the process.”

Special education teachers often spent hours navigating a maze of drop-down menus — inputting data such as whether they met with a student and for how long — only to experience error messages that erased their answers.

Megan Moskop, a former special education teacher at M.S. 324 in Washington Heights, said she once encountered 41 error messages in two hours. What’s more, she said, the system didn’t reflect the experiences she had with her students.

“At the end of the day, I would be expected to go in, mark that they are present, mark whether they made progress toward a goal,” Moskop said. “It’s very standardized.”

It is not yet clear how quickly the education department will phase SESIS out. Officials said the city would begin a multistage process of identifying a vendor to create a new system by the end of March, then would ask for more detailed plans by the end of 2019. An official purchasing process would happen after that, Siciliano said, meaning that construction of  a new system will not begin for well over a year. Families and educators would be consulted throughout, officials said.

Linda Chen, the department’s chief academic officer, said a new system would lead to tangible improvements for students with disabilities.

“I do think that if we have clear and reliable visibility into the data it would absolutely allow us to better serve our students,” Chen said.

Flaws with SESIS have made it difficult to know how well the city is serving students with disabilities. Because the system was not set up to communicate with other city databases, city officials have had to manually tabulate data across systems. And the annual reports that show whether students are receiving required services may not be accurate because of the system’s flaws, officials have warned.

The system’s glitches also made the user experience so cumbersome that teachers had to spend time on nights and weekends entering data. An arbitrator eventually ordered the city to pay over $38 million in teacher overtime.

Additionally, the system has sparked legal action. Former Public Advocate Letitia James filed a lawsuit claiming that SESIS was to blame for some children not receiving services as well as lost Medicaid payments. Between 2012 and 2015, according to the IBO, the city collected $373 million less in Medicaid reimbursements than officials projected.

Some advocates said that given SESIS’s troubled history, it makes sense to find alternatives.

“There has to be a strong data system in place,” said Maggie Moroff, a disability policy expert at Advocates for Children, a nonprofit advocacy organization. “We are eager to see a better system to be put in place, but are really worried about that transition period.”

Advocates have also pushed the city to make the data SESIS tracks directly available to parents.

“We will absolutely be looking at that,” Siciliano said.

next steps

Charter schools racing to find new buildings as district ends their leases

PHOTO: Koby Levin
Escuela Avancemos will move to a new building.

At least two Detroit charter schools are racing against the clock to find new buildings for more than 500 students next fall after the city district decided not to renew their leases.

It’s the latest move in an ongoing effort by the Detroit Public Schools Community District to get out of the charter business, and it means another bout of uncertainty for schools that enroll hundreds of children in Detroit.

Leaders of GEE-Edmonson Academy and GEE-White Academy face the daunting challenge of finding new buildings before the start of the next school year. Another school, Escuela Avancemos, already found a new building. More schools, including Rutherford Winans Academy, have leases that expire this year, but their representatives did not return requests for comment on whether their lease was renewed.

Most students at the two schools run by Global Educational Excellence (GEE) walk every day, Superintendent Michael Conran said. If a new building can’t be found in those neighborhoods, the school’s would face new transportation challenges, casting doubt on their ability to maintain their enrollment.

“We were clearly not anticipating that the leases would not be renewed,” Conran said. “That news came pretty late, I believe it was after the New Year. That’s quite a notification to the boards in such a short period of time.”

The challenges for these schools don’t end there. The district could also decline to renew their charters for the GEE schools when they expire in June, potentially forcing them to find new backers as well as new buildings.

More than one charter school has already jumped ship. Escuela Avancemos, a small school in southwest Detroit, will begin the coming year in a new building and with a new authorizer, Central Michigan University. Officials had begun searching for a new building even before they were notified last month that their lease would not be renewed.

“For the protection of our school, we’ve had to take matters into our own hands to guarantee our future,” said Sean Townsin, principal at Escuela Avancemos.

Superintendent Nikolai Vitti made clear soon after he took the helm of the district in 2017 that he believed the district’s resources should be channeled toward its own students, not toward charter schools.

He reiterated that position last year when the district severed its ties with a three-school network of charter schools, forcing it to scramble to find new buildings and a new charter. Parents were forced to choose between an extraordinarily long commute to the new site and making an unwanted switch to another school. Enrollment was cut in half.

Supporters of the move pointed out at the time that those schools had been district schools until they were spun off by state-appointed emergency managers. In a city with lots of school options and few quality schools, they argued, some consolidation is necessary.

Most charters in Detroit are overseen by Michigan’s public universities, but 10 schools are supervised by the Detroit district.

A handful of those schools also rent their school buildings from the district, putting them in a particularly vulnerable position should the district decide that it would rather not support charter schools — its chief competitors for students and state funding.

In a statement about those schools, Chrystal Wilson, a spokeswoman for the district, said the the charter schools could eventually be replaced with district schools.

“Now that we have the leadership to rebuild the district, we need to review and maximize our property assets. This means possibly re-using currently leased schools for new DPSCD schools, replacing older buildings with high repair costs, or adding a school in an area where facility usage and class sizes are high where another traditional public school does not exist. We understand and accept if district charters are leaving for other authorizers.”

No matter the district’s plans, Conran said the Global Educational Excellence schools would continue trying to serve students.

But he asked for transparency from the district and time to plan.

“I’m just simply waiting to hear from DPS any decisions they anticipate making in as timely a manner as we need to make sure we can continue to support these students and their families,” he said.