Charter School Background What is a charter school Charter Schools are independent and autonomous public schools established under Article 56 of the Education Law Who oversees charter ID: 670475
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Slide1
Special Education in Charter SchoolsSlide2
Charter School Background
What is a charter
school?
Charter
Schools are independent and autonomous public schools established under Article 56 of the Education
Law.
Who oversees charter
schools?
The
charter entity (“authorizer”) that approved the charter school provides
primary oversight
throughout the term of the charter.
However, the Board
of
Regents also has oversight authority over every charter school. See Education Law §2853(2).
The Board of Regents, SUNY Trustees, the NYC Department of Education, and the Buffalo Board of Education are all charter authorizers in NYS.Slide3
How Many Charter Schools Exist?
Cha
r
ter
A
utho
r
izer
Cha
r
te
r
s Open
w
ith students
in 2
0
1
5
-16
Cha
r
te
r
s
S
chedul
e
d
to open
in
2
0
1
6- 17 or later
Cha
r
te
r
s Clos
e
d
to Date
*
T
otal Cha
r
te
r
s
A
pp
r
o
v
ed
T
o
Date
*
*
Boa
r
d
of
Regents
67
7
7
84
S
UN
Y
132
24
15
171
N
Y
CDOE
55
0
7
62
B
u
ff
a
l
o
B
O
E
2
0
0
2
To
t
al
256
34
29
319Slide4
How Many Charter Schools Can Exist?
Cha
r
ter
A
utho
r
izer
Cha
r
te
r
s
P
e
r
mitted
P
er
2
0
1
5 Legi
s
l
a
tion
S
tate
w
ide
Cha
r
te
r
s
A
pp
r
o
v
ed
by
A
utho
r
izer
U
nder
2
0
1
5 Legi
s
l
a
tion
Cha
r
te
r
s
Rema
i
ning
2
0
1
5 Legi
s
l
a
tion
S
tate
w
ide*
N
Y
C
S
tate
w
ide
N
Y
C
Boa
r
d
of
Regents
181
50
(
of
181)
7
172
43
(
of
172)
S
UN
Y
2
To
t
al
9Slide5
Why Do Charter Schools Exist?
What is the purpose of a charter school?
There are six statutory charter school purposes set forth in Education Law §2850
.
How
is a charter school different than a traditional public school?
Charter schools are publicly funded, and privately
operated.
Charter Schools are held to a performance contract.Slide6
Applicable Laws
Are
charter schools subject to the same laws and regulations that apply to other public
schools?
Yes
and
no. See Education Law §2854(1
)(a) and (b
).
What laws apply to charter schools?
Relevant
to today’s discussion, the following laws
apply:
Charter School
Act – Article 56 of the Education Law, specifically (2851(2)(h))
IDEA, including Child
F
ind
DASA –
8 NYCRR §119.6
,
Education Law §10-18
CDOS Regulations
Section 504 of the Rehabilitation Act of 1973
Some provisions of
Education Law §3214 (see IDEA)Slide7
Does NYS Law mandate that charter
school teachers be certified and/or
highly qualified?
Yes and No. See Education Law §2854(3)(a-1).
Does
Federal Law
mandate that charter school teachers be certified and/or highly qualified?
No. Federal
law
does
not
require charter school teachers to be highly qualified or certified. Are there any requirements for charter school teachers? Yes. See, Education Law 2854(3)(a-1) and Board of Regents Policy.
Teacher CertificationSlide8
Are
charter schools required to enroll children with special
needs?
Yes
.
See Education Law §2854(2)(a).
What
are enrollment and retention targets?
In
accordance with the 2010 revisions to the Charter Schools Act, the Board of Regents and the State University of New York have worked collaboratively to establish targets for the enrollment and retention of students with disabilities, English language learners and students who are eligible for the free and reduced price lunch program. The targets are comparable to the figures for these categories of students within the public school district of location
.
How are services provided to charter school students?
Pursuant to Education Law §2853(4)(a) sets forth three ways services can be provided to charter school students.
Enrollment and ServicesSlide9
Developing the IEP
Who Develops the IEP?
The CSE of the Student’s District of Residence.
When
developing the IEP of a student with a disability enrolled in a charter school, is the CSE limited to only recommending special education programs and services currently offered by the charter
school?
No
. Pursuant to Education law §
2853(4
)
(a
), charter schools must comply with the student’s IEP
.Must the CSE ensure the participation of a representative of the charter school in the development and review of the student’s IEP? Yes.
Does the CSE place a student with a disability in a charter school?
No. All charter school students are admitted by application or lottery.Slide10
Developing the IEP
What
procedures must be followed when the IEP of a student enrolled in a charter school requires full-time placement outside of the charter school program (e.g., in an approved private residential school, State-operated or State-supported school
)?
The
charter school must discharge the student to the school district of residence and may not continue to enroll the student once the new IEP is implemented
.Slide11
IEP Implementation
How
soon after the enrollment of a student with a disability or after a new or revised IEP is developed must a charter school implement the
IEP?
As
soon as possible
.
What happens if the IEP is not implemented by the School in a timely manner?
The school may be placed on corrective action, probation, and other disciplinary measures.Slide12
Payment for Services
How
is charter school tuition calculated?
Pursuant
Education Law
§
2856 charter school basic tuition is the sum of:
1. Charter School Basic Tuition
PLUS
2. Supplemental Basic
Tuition
See https://stateaid.nysed.gov/charter/ How are support services paid?
The
school district must pay the charter school federal or state aid received for a student with disability attending the charter school, in proportion to the level of services that the school provides directly or indirectly to the student, see Education Law §
2856(1).
Who provides health services?
Education Law
§912 provides that the district of residence pays for health services.
Slide13
Transportation
Who provides transportation for students with disabilities enrolled in a charter
school?
In many cases, the district of residence. Slide14
Graduation Requirements
Is the charter school responsible for administering State
examinations?
Yes
, according to Education law
§2854(d).
Can the charter school issue a
diploma or certification?
Yes.
Who administers testing accommodations for students with disabilities attending a charter
school?
Whoever
is administering the State, local, or classroom examination implements the testing accommodations.Do students who attend the charter school receive the safety net provisions under Part 100 of the Regulations? YesSlide15
Discipline of Students with Disabilities
What kind of discipline plan do charter schools have to have?
Charter
schools may establish their own standards for student behavior within the school.
What
due process procedures must be followed for students with disabilities pertaining to
discipline?
Charter
schools are required to have student discipline procedures that are consistent with due process and the discipline procedures contained in the IDEA and Federal regulations (34 C.F.R. §§ 300.519-300.529).
To
what extent should charter school discipline procedures for students with disabilities be coordinated with the CSE of the student's school district of
residence? When disciplining students with disabilities, charter schools must ensure that the student continues to receive all services specified in the IEP. This will require extensive coordination between the charter school and the CSE. Similarly, because
the CSE of the school district of residence carries out all CSE functions relating to disciplinary actions taken against charter school students, charter schools and school district CSEs must develop procedures to assure that both entities are able to meet their respective obligations to charter school students under the IDEA discipline procedures. Slide16
What
do we look for when we examine charter school discipline policies?
States
infraction, gives an example of a specific behavior, describes intervention and or consequence, describes possible disciplinary action. Specific conduct provisions with corresponding consequences and appropriate correlation between act and
consequence
Language in compliance with the
Dignity For All Students
Act. See Article 2 of the Education Law
Suspensions—Short
and long term and Expulsions—Clearly outlines the process step by step. Also includes information for families such as written notifications, hearings, parental rights, Due Process, and an appeals process. The hearing process should include a timeline and the school’s obligation to prove the charge at the
hearing.
Charter School Discipline PoliciesSlide17
Alternative Instruction—Must be aligned with all applicable NYS laws, regulations and the Individuals with Disabilities Education Act. Information includes the time frame for actual instruction, location and a description of who will provide the instruction. It should be substantially equivalent to the instruction they would receive prior to the suspension. IEPs and 504 plans are to be implemented. Outlines additional information for families such as written notifications, hearings and an appeals process
.
Special populations—Describes the school’s procedures step by step, outlines the Manifestation Determination Review, and describes special circumstances for implementing an Interim Alternative Educational Setting
.
Complaint/Appeals
Process—Describes step by step procedures including contact information for the Board of Trustees of the charter school, and the Board of Regents.
Charter School Discipline Policies Cont.…Slide18
Charter School ComplaintsHow are charter school complaints handled?
Education Law §2855(4) contains a complaint process for all charter schools. Generally, the process requires three steps:
Send a complaint to the school’s board of trustees
Send a complaint to the charter entity
Send a complaint to the Board of Regents (if the Board of Regents is not the charter entity).Slide19
Charter School Office Resources
NYSED Charter School Office Website
http://www.p12.nysed.gov/psc/
NYSED Charter School Office Contact Info
(
518) 474-1762
CharterSchools@NYSED.gov
David Frank – Executive Director
Susan Megna - Performance Oversight Coordinator
Vickie Smith – New Schools Coordinator
Susan DuFour – Fiscal Oversight Coordinator
Karonne Jarrett Watson, Esq. - CounselSlide20
Questions?