Decision day

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

PHOTO: Photo via Flikr/Creative Commons

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.

More autonomy

These Denver schools want to join the district’s ‘innovation zone’ or form new zones

PHOTO: Melanie Asmar
McAuliffe Manual Middle School students at a press conference about test scores in August 2017. The school has signaled its intent to be part of a new innovation zone.

Thirteen Denver schools have signaled their desire to become more autonomous by joining the district’s first “innovation zone” or by banding together to form their own zones. The schools span all grade levels, and most of the thirteen are high-performing.

Innovation zones are often described as a “third way” to govern public schools. The four schools in Denver’s first zone, created in 2016, have more autonomy than traditional district-run schools but less than charter schools, which are publicly funded but independently run.

Denver Public Schools recently released applications for schools to join the first zone, called the Luminary Learning Network, or to form new zones. The school district, which at 92,600 students is Colorado’s largest, is nationally known for nurturing a “portfolio” of different school types and for encouraging entrepreneurship among its school principals.

The district is offering two options to schools that want to form new zones. One option is for schools to apply to form a zone that would be overseen not by the district but by a nonprofit organization. That’s how the Luminary Learning Network is set up.

Another, slightly less autonomous option is for schools to apply to form a zone that would be overseen by the district. “Some additional autonomies would be available to these schools, but many decisions would still be made by the district,” the district’s website says.

One tangible difference between the two: The principals of schools in zones overseen by the district would answer to district administrators, while the principals of schools in zones overseen by nonprofit organizations would be hired and fired by the nonprofits’ boards of directors.

Schools in both types of zones would have more control over their budgets. A key flexibility enjoyed by the four schools in the Luminary Learning Network has been the ability to opt out of certain district services and use that money to buy things that meet their students’ specific needs, such as a full-time psychologist or another special education teacher. The zone schools would like even more financial freedom, though, and are re-negotiating with the district.

The district has extended the same budgetary flexibility to the schools in Denver’s three “innovation management organizations,” or IMOs, which are networks of schools with “innovation status.”

Innovation status was created by a 2008 state law. It allows district-run schools to do things like set their own calendars and choose their own curriculum by waiving certain state and district rules. The same law allows innovation schools to join together to form innovation zones.

The difference between an innovation zone and an innovation management organization is that schools in innovation zones have the opportunity for even greater autonomy, with zones governed by nonprofit organizations poised to have the most flexibility.

The deadline for schools to file “letters of intent” to apply to join an innovation zone or form a new one was Feb. 15. Leaders of the three innovation management organizations applied to form zones of their own.

One of them – a network comprised of McAuliffe International and McAuliffe Manual middle schools – has signaled its intent to join forces with an elementary school and a high school in northeast Denver to form a new, four-school zone.

Three elementary schools – Valdez, High Tech, and Swigert – submitted multiple intent letters.

Amy Gile, principal of High Tech, said in an email that her school submitted a letter of intent to join the Luminary Learning Network and a separate letter to be part of a new zone “so that we are able to explore all options available in the initial application process. We plan to make a decision about what best meets the needs of our community prior to the application deadline.”

The application deadline is in April. There are actually two: Innovation management organizations that want to become innovation zones must file applications by April 4, and schools that want to form new zones have until April 20 to turn in their applications.

Here’s a list of the schools that filed letters of intent.

Schools that want to join the Luminary Learning Network:

Dr. Martin Luther King, Jr. Early College High School
Valdez Elementary School
High Tech Elementary School

Schools that want to form new innovation zones overseen by nonprofits:

McAuliffe International School
McAuliffe Manual Middle School
Northfield High School
Swigert International School
These four schools want to form a zone called the Northeast Denver Innovation Zone.

McGlone Academy
John Amesse Elementary School
These two schools want to form a zone called the Montbello Children’s Network.

Grant Beacon Middle School
Kepner Beacon Middle School
These two schools want to form a zone called the Beacon Network Schools IMO I-Zone.

Schools that want to form a new innovation zone overseen by the district:

High Tech Elementary School
Isabella Bird Community School
Valdez Elementary School
Swigert International School
DCIS at Ford
These five schools want to form a zone called the Empower Zone.

First Responder

Jeffco’s superintendent has some ideas about preventing school shootings — and none of them involve gun control or armed teachers

Jeffco superintendent Jason Glass at the Boys & Girls in Lakewood (Marissa Page, Chalkbeat).

Superintendent Jason Glass of the Jefferson County school district isn’t interested in talking about gun control in the wake of yet another deadly school shooting.

Home of Columbine High School, Jefferson County is no stranger to these tragedies or their aftermath, and Glass doesn’t think calls for restricting firearms will get any more traction this time than they have before. Nor is he interested in talking about arming teachers, a proposal he considers just as much of a political dead end.

“A solution is only a solution if we can actually enact it,” Glass wrote in a blog post published Monday. “We are not able to get either of these solutions passed into law so they have no impact.”

That doesn’t mean there’s nothing to talk about, he wrote. Glass lays out four ideas that he sees as more politically feasible and that might make a difference:

  • Put trained, armed law enforcement officials in every school
  • Increase funding and support for school mental health services
  • Create a federally funded center to study school safety and security
  • Change the layout of and access to school buildings to make them safer, much the way we’ve renovated airports, stadiums, and other public facilities

Glass describes these measures as “proactive, preventative, and reactive steps that would make a big impact in making our schools much safer than they are today.”

Some schools and districts already have an armed police presence on campus or offer mental health services, but Glass argues these efforts need more money, more support, and more cohesion.

“These solutions need to come from the federal level to create the scale and impact we really need,” he wrote. “Congress and the President need to act and now. … Flexibility and deference can be built into these solutions to accommodate differences across states and communities – but we have a national crisis on our hands and we have to start acting like it.”

Of course, even studying something, as Glass envisions this new center on school safety doing, can be political. Since 1996, the federal government, at the urging of the National Rifle Association, has placed tight restrictions on the ability of the Centers for Disease Control to study gun violence as a public health issue.

The blog post provoked a vigorous debate in the comments. Some called on Glass to join the national movement demanding more restrictions on firearms. This is not a time for “half measures,” one woman wrote.

Others said that turning schools into “fortresses” would work against their educational mission and questioned how well school resource officers could be trained to respond appropriately to students with special needs – or how fair the district-level threat assessment process is.

In the wake of another school shooting at Arapahoe High School in 2013, one largely forgotten outside the state, Colorado legislators passed a law that holds schools liable for missing warning signs in troubled students.

In an interview with Colorado Public Radio, Bill Woodward, a former police officer who trains schools in how to prevent violence, said more schools are doing threat assessments. But their success may require schools to take even more seriously the idea that their own students might be dangerous.

“I think the biggest barrier is the climate of the school, because I think sometimes schools are just thinking in terms of working with students, helping students out,” Woodward told CPR. “And sometimes when you’re looking at someone who’s made a threat, you have to change to the Secret Service model.”

Woodward said a more comprehensive solution may involve gun control. Schools can’t afford to wait, though.

“There is no silver bullet, speaking metaphorically, but I think gun law changes may well be needed,” he said. “I just think we have to do what we can do now, and we can do things now.”