SCOTUS on IDEA

U.S. Supreme Court, in landmark decision, strengthens rights for students with disabilities

In a landmark decision, the U.S. Supreme Court on Wednesday better defined the federal standard public schools must meet for its special education students.

Students with learning disabilities are due “appropriately ambitious” education plans that ensure they will advance through public schools similarly to other students, a unanimous court said.

The court’s decision stems from a lawsuit filed by a suburban Denver family who enrolled their son, known as Endrew F. in court documents, in a private school after they felt the Douglas County School District failed their son, who was diagnosed with autism and attention deficit/hyperactive disorder.

The family sued the district seeking reimbursement for the private school’s tuition, arguing their son was due a “free appropriate public education” as required by the 1975 Individuals with Disabilities Education Act.

The school district argued it met the minimum standard in the federal law that defines the rights of special education students.

While the state education department and lower courts agreed with the school district, Chief Justice John Roberts, who wrote the court’s opinion, did not.

“When all is said and done, a student offered an educational program providing merely more than ‘de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts wrote.

Federal law, he continued, “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The decision stops short of defining what progress should look like. Instead, that should depend on each student, the court said.

In a statement, the Douglas County School District said it was confident the district was already meeting the higher standard and would prove so when a lower court takes up the Endrew F. case again.

“The Court did not hold that Douglas County School District failed to meet the new standard, or say that DCSD can’t proceed to prove that it met that standard,” said Douglas County School District Legal Counsel William Trachman in a statement. “Indeed, in this case, the Douglas County School District offered an appropriate Individualized Education Plan and we look forward to proving to the lower courts that the IEP meets the new, higher standard.”

The Colorado Department of Education also released a statement:

“The Colorado Department of Education is firmly committed to providing quality educational opportunities to students with disabilities.  We are pleased to see the that the Supreme Court’s decision seems to give greater clarity by saying an Individualized Education Program  must be ‘reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.’  We also appreciate the Court’s reminder that courts must defer to the expertise and judgment of school officials.”

The department will not take a position when the Tenth Circuit Court retries the case in light of the Supreme Court’s clarification of the legal standard.

Poverty in America

Woman’s tragic death prompts reflection. Could vacant Memphis schools help in the fight against homelessness?

PHOTO: Laura Faith Kebede
Graves Elementary School in South Memphis has been boarded up since its closure in 2014. It's one of 10 vacant school buildings in the city.

The death of a Memphis woman sleeping on a bench across from City Hall in frigid temperatures unleashed a furor of frustration this week across social media.

As Memphians speculated how someone could freeze to death in such a public place, some pointed to limited public transportation, one of the nation’s highest poverty rates, and entry fees to homeless shelters. The discussion yielded one intriguing suggestion:

About 860 Memphis students were considered homeless in 2016, meaning their families either were on the streets, living in cars or motels, or doubling up with friends and relatives.

At the same time, Shelby County Schools has an adequate supply of buildings. The district had 10 vacant structures last fall after shuttering more than 20 schools since 2012, with more closures expected in the next few years.

But what would need to happen for schools to become a tool against homelessness? Some cities already have already begun to tap that inventory.

Shelby County Schools has been eager to get out of the real estate business, though it’s not exactly giving away its aging buildings. In 2016, Superintendent Dorsey Hopson said the school system should “repurpose some of these buildings and … anchor some of these communities and rebuild and refurbish these communities instead of tearing stuff down.” The conversation was part of Memphis 3.0, the city’s first strategic plan since 1981 to guide growth for years to come.

District policy allows for “adaptive reuse” to lease vacant buildings for community development including affordable housing, community centers, libraries, community gardens, or businesses. A change requires a community needs assessment and input from neighborhood leaders and organizations before the school board can vote on a recommendation.

But proposals to transform schools into housing haven’t emerged in Memphis.

The Memphis Housing Authority, which oversees federal dollars for housing development, has a two-year exclusive right to purchase two former schools near downtown. But talk has focused on using that space for an early childhood center, not housing, according to High Ground News.

Under state law, districts must give charter schools, which are privately managed but publicly funded, serious consideration to take over a closed building.

That has happened for some Memphis schools, but high maintenance costs for the old buildings are a major deterrent. They also present a significant challenge for any entity looking to convert a structure into a homeless shelter or affordable housing.

Of the district’s 10 empty school buildings, most have a relatively low “facility condition index,” or FCI rate, which measures the maintenance and repair costs against the current replacement cost. The higher the number, the less cost-effective.


*as of October 2017

The idea to turn vacant school buildings into livable space is not new. Across the nation, some communities have found workable solutions to address the excess real estate.

In Philadelphia, a nonprofit organization transformed an empty four-story elementary school that was frequented by trespassers and drug users into housing for 37 homeless veterans and low-income seniors. The $14 million project, led by Help USA, took advantage of federal dollars set aside to house homeless veterans.

Last summer, leaders in Daytona Beach, Florida, pitched in $3.5 million in public funds to help a local nonprofit convert an elementary school into a homeless shelter. Despite pushback from neighborhood residents, the plan secured a unanimous vote from its county council.

In Denver, school officials proposed turning an elementary school into affordable housing for teachers to combat expensive living costs and rapid gentrification. That idea is still up in the air, with some residents lobbying to reopen the building as a school.

Detroit is riddled with empty school buildings. Developers there are buying up properties to repurpose for residential use as they wait to see what the market will bear. The city’s private Catholic schools have seen more success in transforming old buildings into apartments, luxury condominiums, or a boutique office building because they are smaller, easier to renovate, and don’t have the same deed restrictions as public schools.

The same appears to be true in Baltimore, where a nonprofit group converted a 25,000-square-foot Catholic school into housing for women and children. The $6 million project, completed last month, uses federal housing vouchers to subsidize rent.

In Memphis, the community is still assessing what resources need to be tapped in response to this week’s tragic death.

“Simply dismissing this as a tragedy will only allow us to continue to absolve ourselves from the apathy and selfishness that allow people to go unseen,” said the Rev. Lisa Anderson, a Cumberland Presbyterian pastor who is executive director of the city’s Room in the Inn ministry.

charter talks

Hopson weighs charters as school turnaround tool for Shelby County Schools

PHOTO: TN.gov
Superintendent Dorsey Hopson leads Shelby County Schools in Memphis, home to Tennessee's highest concentration of low-performing schools.

Shelby County Schools Superintendent Dorsey Hopson has opened a crack in the door to charter school partnerships that might help his district avoid losing more schools to Tennessee’s turnaround district.

Hopson emailed his principals this week to clarify his recent comments to the editorial board of The Commercial Appeal about possibly recruiting charter organizations for turnaround work. The report’s original headline read: “Hopson says he’s willing to hand schools over to charters, if they have a plan for improvement.”

The superintendent quickly turned to Twitter to label the headline “misleading and inaccurate” and, as he sought to regain control of dialogue on the thorny matter, dispatched an email to his school principals.

“It is my top priority to ensure all of our schools have the necessary resources to provide students with the high-quality education they deserve,” he wrote on Tuesday. “If the Tennessee Department of Education offers us the opportunity to select a charter operator that is willing to collaborate closely with District leaders to improve a school instead of losing it to the (Achievement School District), then I believe it is our responsibility to explore the option.”

Hopson’s comments hint at a potentially significant shift for a district that has battled openly with the charter sector over students being absorbed by the state’s 6-year-old turnaround initiative known as the ASD.

They also point to the tough spot that the superintendent is in.

On the one hand, the growth of the city’s charter turnaround sector has been a thorn in the side of local school leaders since 2012 when the state-run district began taking control of low-performing schools and assigning them to charter operators. Now with 29 Memphis schools, the ASD has siphoned off thousands of students and millions of dollars in an already under-enrolled and under-funded school environment — and made mostly anemic academic gains. (The local district also oversees about 50 charter schools that it’s authorized.)

On the other hand, Shelby County Schools has its hands full trying to improve a substantial number of struggling schools. It’s made some important headway through its Innovation Zone, which adds resources, extends the school day, and pays more to top principals and teachers who are willing to do some of the toughest education work in America. But the iZone is an expensive model, and few of its schools have exited the state’s priority school list.

In addition, some education reform advocates are lobbying to shift Memphis to a “portfolio model,” in which districts actively turn over schools to charter operators and manage them more like stocks in a portfolio. In other words, successful ones are expanded and failing ones are closed. Indianapolis has a robust portfolio model and, last fall, the philanthropic group known as the Memphis Education Fund took several Memphis school board members there for a tour. (The Memphis Education Fund receives support from several local philanthropies, including The Pyramid Peak Foundation and the Hyde Foundation. Chalkbeat also receives support from Hyde; read about our funding here.)

In his email to principals, Hopson said the school board ultimately would decide whether to authorize charter schools for the district’s turnaround work, and that he expects to discuss the matter with members in the coming weeks.

“All that said, I want to be very clear that my preference would always be to keep schools under the governance of (Shelby County Schools),” the superintendent added.

Hopson has been in discussions with the state Department of Education about several school improvement avenues available in Tennessee’s education plan under a new federal law. Among them is an option for Shelby County Schools to voluntarily convert priority schools to a charter, according to department spokeswoman Sara Gast.

One school board member told Chalkbeat he needs more information from the district and state before he would support any move forward. Chris Caldwell added that he thinks the board isn’t up to speed on options under the state’s new education plan.

“At this point, there’s so little information that I’ve been given,” Caldwell said. “I don’t want to conjecture what (a charter conversion) would actually will be like, but I have reservations with any kind of collaboration with the state.”

What would it take for such a shift to be successful?

One Memphis charter advocate says the ground rules are already in place because of a charter compact developed in recent years to address turf issues such as facilities, funding, and accountability.

“In order for a charter to manage a district school that’s underperforming and for it to be successful, that charter needs to have supports from the district to be successful,” said Luther Mercer, the Memphis advocacy director for the Tennessee Charter School Center.

The next school board work session is scheduled for Jan. 23.