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.

food fight

As government shutdown drags on, New York City vows to protect school food program

PHOTO: Christina Veiga/Chalkbeat
Schools Chancellor Richard Carranza and Manhattan Borough President Gale Brewer served lunch at P.S./I.S. 180 in Harlem on the first day of the 2018-2019 school year. Mayor Bill de Blasio has warned that federal funding for school food could end in April if the government shutdown drags on.

The historic partial government shutdown could soon threaten New York City’s school food program, which serves about a million students breakfast and lunch.

Mayor Bill de Blasio said the city is drafting plans to keep school cafeterias open if the shutdown drags on, calling food for children “the number one thing we’re going to try to address.”

“In terms of drawing on some of our reserves, that would be a priority,” he said Thursday at a press conference to discuss the impact of the longest-ever shutdown.

The federal government provides about $43 million a month to pay for school meals in New York City, and right now the city has money on hand that would last until April.

School food is lifeline for many families. About 75 percent of New York City students qualify for free or reduced price lunch — to meet that threshold, a family of three would earn about $33,000 a year, said Liz Accles, executive director of Community Food Advocates, an organization that fought to make school lunch free for all city students.

“The real threat of [the meal programs] not being available lays bare some very real suffering,” Accles said. “The impact is pretty scary to think about.”

Other school districts are already beginning to feel the effects. One North Carolina school district recently announced it would scale-down its school lunches, cutting back on fresh produce and ice cream. Meanwhile, in Tennessee, one school district is hoping to recruit furloughed workers to fill in as substitute teachers.

The shutdown has dragged into its fourth week with no resolution in sight. President Trump and Congress are at an impasse over the president’s request for $5 billion to build a wall along the U.S.-Mexico border.

De Blasio’s media availability about the shutdown’s impact comes as he appears to be trying to bolster his national reputation. His State of the City speech last week focused on larger issues of income inequality and was followed up by appearances on CNN and “The View.”

De Blasio said it’s unclear whether the city would be eligible for reimbursement if it taps its own money to fund school food programs. And he warned that it would be impossible for the city to make up for all of the federal spending on programs that help poor families, which totals about $500 million a month.

“It is a dire situation, there is no other way to say it,” de Blasio said. “It will overwhelm us quickly.”

There are other ways the shutdown could be felt by students in the country’s largest school system, with funding for rental assistance and food benefits also in the balance. New York City is already struggling with a crisis in student homelessness: More than 100,000 lack permanent housing. Payments for food assistance are expected to stop in March, de Blasio said. An estimated 535,000 children under 18 years old benefit from that program.

Such out-of-school factors can have profound effects on student achievement. Cash benefits and food stamps have been linked to boosts in learning and students’ likelihood to stay in school. In New York City, the average family receives $230 in food assistance a month, according to city figures.

“The stress that the families are under, worrying about work and when they’re going to get paid, the children sense it. They hear it. They feel it,” said Mark Cannizzaro, president of the union that represents school administrators. “We see the impacts of that.”

universal choice

Denver’s window for choosing schools opens Tuesday

PHOTO: Photo by AAron Ontiveroz/The Denver Post
Sophia Camacena sits with classmates in kindergarten on the first day of school at McGlone Academy in Denver on Aug. 15, 2018.

The one-month window for Denver families to list their top school choices for next school year starts Tuesday and runs through Feb. 15.

Denver Public Schools expects to inform families of their school placement results in late March.

Denver Public Schools has a universal school choice system that allows families to use a single online form to request to attend any district-run or charter school in the city. Charter schools are publicly funded but independently run. This year, 60 of Denver’s 213 schools are charters.

While many school districts nationwide have a contentious relationship with charter schools, Denver is known for its collaboration with them, which includes the universal enrollment system. That collaboration has been the subject of criticism from parents, teachers, and community members who see the independent schools as siphoning students and resources from district-run schools.

The 93,000-student school district especially encourages families with children going into the so-called transition grades of kindergarten, sixth, and ninth grade to fill out a choice form. Families list their top five school choices, and the district uses a lottery system to assign students.

Schools can set their own enrollment priorities. Many district-run schools give high priority to students who live within their boundary and to siblings of current students, for example.

The district also has 15 “enrollment zones,” which are expanded boundaries with several schools in them. Students who live in zones are guaranteed a spot at one of the schools in the zone but not necessarily the school closest to them.

Denver has used zones as a way to increase school integration. Many neighborhoods in Denver are segregated by race and income, and the district’s reasoning is that widening boundaries provides the opportunity for a more diverse school population.

But a 2016 district analysis found that enlarging middle school boundaries had not decreased school segregation as much as district officials hoped it would.

The district also has a school integration pilot program that gives students from low-income families priority to enroll at schools that serve mostly students from affluent families. The results have been modest, and district officials are exploring ways to expand the impact.