The Next Decade:The Next Decade:Special Education Special Education

and and Oregon Charter Oregon Charter SchoolsSchools

COSA Fall ConferenceCOSA Fall Conference

October 2009October 2009

ORS 338 – Public Charter ORS 338 – Public Charter SchoolsSchools

It is the intent of this chapter that new It is the intent of this chapter that new types of schools, called public charter types of schools, called public charter schools, be created as a legitimate schools, be created as a legitimate avenue for parents educators and avenue for parents educators and community members to take community members to take responsible risks to create new, responsible risks to create new, innovative and more flexible ways of innovative and more flexible ways of educating children within the public educating children within the public school system. school system.

ORS 338.015 Legislative Intent - Enacted 1999

Oregon Charter SchoolsOregon Charter Schools

ALL Oregon charter schools are ALL Oregon charter schools are public schools.public schools.

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

To Open a Charter School….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 Charter School Governance and District Oversightand 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 Charter School Governance and District Oversightand 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 www.ode.state.or.us/search/results/?

id=123

Charter Schools in IDEACharter Schools in IDEA

IDEA specifies* different responsibilities IDEA specifies* different responsibilities for charter schools depending on their for charter schools depending on their status as:status as:– Local Education Agencies Local Education Agencies OROR– Schools of the LEA (District)Schools of the LEA (District)

For purposes of IDEA, Oregon charter For purposes of IDEA, Oregon charter schools are “schools of the LEA (District)”schools are “schools of the LEA (District)”

**34 CFR 300.209 Treatment of charter schools and their students.34 CFR 300.209 Treatment of charter schools and their students.

Who Chooses the School?Who Chooses the School? Parents/guardians – even when the Parents/guardians – even when the

charter school is not located in their charter school is not located in their resident districtresident district..

Charter school is then considered the Charter school is then considered the school student would attend if not school student would attend if not disabled - the “home or neighborhood disabled - the “home or neighborhood school.” school.” Reminder: A central point of the LRE Reminder: A central point of the LRE requirements is the preference (not mandate) that child is requirements is the preference (not mandate) that child is educated in school he or she would attend if not disabled.) educated in school he or she would attend if not disabled.) 34 CFR 300.116 (c)34 CFR 300.116 (c)

Who Does Who Does NotNot Choose the Choose the School?School?

IEP teams do not place students in IEP teams do not place students in charter schools or “release” students to charter schools or “release” students to enroll in a charter school. enroll in a charter school.

Inter-district transfer agreements do not Inter-district transfer agreements do not apply to charter school – because this apply to charter school – because this would be district and not parent choice.would be district and not parent choice.

State Board of Education requires State Board of Education requires permission of district for enrollment in permission of district for enrollment in Oregon Virtual Academy for all Oregon Virtual Academy for all students.students.

When Student Seeks When Student Seeks Enrollment...Enrollment...

Charter– immediately notifies Charter– immediately notifies parentalparental resident district and requests records.resident district and requests records.

If student is on an IEP, resident district If student is on an IEP, resident district must convene* the IEP team - but must convene* the IEP team - but not not to decide if student is allowed to enroll.to decide if student is allowed to enroll.

**Using all required notices and the Oregon Standard Using all required notices and the Oregon Standard IEP form or ODE-approved alternate.IEP form or ODE-approved alternate.

AFTER Student Enrolls...AFTER Student Enrolls...

Resident DistrictResident District– Provides the IEP team meeting noticeProvides the IEP team meeting notice– Provides the district representativeProvides the district representative– Facilitates the IEP team meeting to Facilitates the IEP team meeting to

review and revise the existing IEP as review and revise the existing IEP as needed with parent and other IDEA-needed with parent and other IDEA-required IEP team members required IEP team members

– Needs to include charter school staff – for Needs to include charter school staff – for regular education participation purposesregular education participation purposes

IEP DevelopmentIEP Development

IEP team reviews and revises the IEP team reviews and revises the existing IEP needed for the student to existing IEP needed for the student to learn in the charter school. learn in the charter school.

IEP must address all content, including IEP must address all content, including statewide assessment participation statewide assessment participation – Charter school is responsible for Charter school is responsible for

assessment administrationassessment administration

34 CFR 34 CFR §§300.324 Development of IEP300.324 Development of IEP

About PlacementAbout Placement•Base decisions on the IEP revised for the Base decisions on the IEP revised for the student’s charter school attendance - not student’s charter school attendance - not whether the previous IEP can be whether the previous IEP can be implemented at the charter school. implemented at the charter school.

•Team may place a student in a more Team may place a student in a more restrictive environment than the charter restrictive environment than the charter school – but must justify removal school – but must justify removal according to LRE requirements. according to LRE requirements.

Special EducationSpecial EducationWho Is Responsible?Who Is Responsible?

District in which the parent resides* is District in which the parent resides* is responsible for service provision responsible for service provision without regard to:without regard to:

– where the charter school is located; where the charter school is located; oror

– the type charter school is a virtual the type charter school is a virtual school or a typical school. school or a typical school.

*Resident District - ORS 339*Resident District - ORS 339

Special EducationSpecial EducationWho Is Responsible?Who Is Responsible?

• IEP must be accessible to all staff (resident district, ESD, IEP must be accessible to all staff (resident district, ESD, charter school, contract) who will be responsible for charter school, contract) who will be responsible for implementing the IEP.implementing the IEP.• Each provider must be informed of his/her specific responsibilities for Each provider must be informed of his/her specific responsibilities for

implementing implementing ANDAND• Specific accommodations, modifications and supports that MUST BE Specific accommodations, modifications and supports that MUST BE

PROVIDED.PROVIDED.

– where the charter school is located; orwhere the charter school is located; or

– the type charter school is a virtual school or a typical school. the type charter school is a virtual school or a typical school.

*Resident District - ORS 339*Resident District - ORS 339

Child Find & Child Find & Referrals for EvaluationReferrals for Evaluation

Resident District is responsible for-Resident District is responsible for-– Child Find activities;Child Find activities;– Evaluation, re-evaluation and eligibility Evaluation, re-evaluation and eligibility

of students in district schools (including of students in district schools (including district-sponsored charter schools);district-sponsored charter schools);

– Following up on referrals for re-Following up on referrals for re-evaluation and eligibility determination evaluation and eligibility determination for students in out-of-district charter for students in out-of-district charter schools.schools.

Students Attending Out-of-Students Attending Out-of-District Charter Schools District Charter Schools

Students Students with disabilitieswith disabilities under IDEA – under IDEA – considered residents of district in which their parents reside.

Students Students without disabilitieswithout disabilities under under IDEA –IDEA – considered residents of district considered residents of district which sponsors the charter school. which sponsors the charter school.

Which District Has Which District Has Responsibility? Child Find-Responsibility? Child Find-

Evaluation-EligibilityEvaluation-Eligibility Resident district – Resident district –

– Students with disabilities attending a Students with disabilities attending a charter school are residents of the charter school are residents of the district in which the parents reside.district in which the parents reside.

– Students without disabilities Students without disabilities attending a charter school are attending a charter school are considered residents of the district in considered residents of the district in which the charter school is located.which the charter school is located.

Providing Providing Special Education & Related Special Education & Related

ServicesServices

Responsibility of the resident district Responsibility of the resident district without regard to the charter school’s:without regard to the charter school’s:– Location Location (in or out of the district)(in or out of the district)– Sponsorship Sponsorship (District or State Board)(District or State Board)

District may use own staff , ESD staff, District may use own staff , ESD staff, or contract with any qualified or contract with any qualified personnel to provide services needed personnel to provide services needed according to IEP. according to IEP.

ProvidingProvidingSpecial Education & Related Special Education & Related

ServicesServices For in-district charter schools, resident For in-district charter schools, resident

district provides district provides in the same in the same manner, including onsitemanner, including onsite, as for any , as for any other district school. (OAR 581-015-other district school. (OAR 581-015-2875) 2875)

For out-of-district charter schools: For out-of-district charter schools: resident school district is responsible resident school district is responsible for providing special education servicesfor providing special education services

ProvidingProvidingSpecial Education & Related Special Education & Related

ServicesServicesCharter school Charter school may not may not

– Require or forceRequire or force a resident school a resident school district to contract with the charter district to contract with the charter school to provide special education school to provide special education services;services;

– May not prohibit a resident district from May not prohibit a resident district from using resident district staff to provide using resident district staff to provide services.services.

– Must facilitate the provision of services Must facilitate the provision of services within its school day and calendar.within its school day and calendar.

Charter School Involvement - Charter School Involvement - IEPIEP

Charter school staff must Charter school staff must – Have access to the IEP;Have access to the IEP;– Be informed of any particular responsibility they Be informed of any particular responsibility they

have for implementing the IEP provisions in the have for implementing the IEP provisions in the same way any regular classroom teacher is same way any regular classroom teacher is informed of implementation requirements. informed of implementation requirements.

– Ensure statewide assessments are administered Ensure statewide assessments are administered according to IEPaccording to IEP

– Implement the IEP accommodations, modificationsImplement the IEP accommodations, modifications

““Stand Ready” Does Not Stand Ready” Does Not ApplyApply

A child enrolled in a charter school is A child enrolled in a charter school is attending a public school and the attending a public school and the resident district is responsible for resident district is responsible for services or for ending eligibility, if services or for ending eligibility, if appropriate.appropriate.

Districts may not release or drop Districts may not release or drop students from services by sending a students from services by sending a notice that the District “stands ready to notice that the District “stands ready to provide FAPE when the student re-provide FAPE when the student re-enrolls in the district.”enrolls in the district.”

Revocation of ConsentRevocation of Consent

IDEA regulations, effective December IDEA regulations, effective December 31, 2008, permit parents to revoke 31, 2008, permit parents to revoke consent for special education services.consent for special education services.– Revocation must be written.Revocation must be written.– District responsible for FAPE must provide District responsible for FAPE must provide

prior written notice before ending prior written notice before ending services.services.

After revocation, student is considered After revocation, student is considered to be a regular education student.to be a regular education student.

Revocation of ConsentRevocation of ConsentEffect on ResidencyEffect on Residency

Students without disabilities Students without disabilities attending out-of-district charter attending out-of-district charter schools are considered residents of schools are considered residents of the district in which the charter is the district in which the charter is located.located.

After revocationAfter revocation, which district is , which district is responsible for the student? responsible for the student?

$$$$$$$$$$State School Funds (SSF) are calculated State School Funds (SSF) are calculated according to ORS 327.013.according to ORS 327.013.

For a child with a disability under IDEA: For a child with a disability under IDEA: SSF - all weights – flow from the State to SSF - all weights – flow from the State to the RESIDENT DISTRICT first! the RESIDENT DISTRICT first!

Districts may not redirect this Districts may not redirect this distribution or agree to misreport distribution or agree to misreport enrollment to redirect this distribution.** enrollment to redirect this distribution.**

****Timely and accurate data reporting – including special education child Timely and accurate data reporting – including special education child count (SECC) is part of annual determination of district special education count (SECC) is part of annual determination of district special education compliance. Noncompliance leads to sanctions of District under IDEA. compliance. Noncompliance leads to sanctions of District under IDEA.

Special Education Special Education Policies & ProceduresPolicies & Procedures

IDEA 2004 is foundation of IDEA 2004 is foundation of everything in special education;everything in special education;

SEA (ODE) must ensure statewide SEA (ODE) must ensure statewide implementation;implementation;

Federal and State laws, regulations, Federal and State laws, regulations, rules, & local district policies & rules, & local district policies & procedures are effort to ensure procedures are effort to ensure implementation of law.implementation of law.

Policies & ProceduresPolicies & ProceduresSpecial EducationSpecial Education

P&Ps contribute to this effortP&Ps contribute to this effort– by simplifying languageby simplifying language– by clarifying districts’ IDEA obligations—by clarifying districts’ IDEA obligations—

not everything in IDEA appears in P&Psnot everything in IDEA appears in P&Ps– P & Ps are available as handout and for P & Ps are available as handout and for

use by charter schools. use by charter schools. Sponsor district’s assurance to ODE Sponsor district’s assurance to ODE

of compliance with required policy of compliance with required policy and procedure content includes and procedure content includes charter schools. charter schools.