Justices’ Ruling on Phila. Schools Creates Pressing Questions

Feb. 19 – The Legal Intelligencer – by Ben Seal

In striking down as unconstitutional a section of the Public School Code that granted broad powers to the School Reform Commission, which oversees the Philadelphia School District, the Pennsylvania Supreme Court this week ignited a series of questions about how the district will adapt and what might happen at other distressed schools. Continue reading

Educators more concerned about this year’s budget than new proposals

Gov. Tom Wolf’s proposal for significant budget increases to public education drew a uniform response from school officials, teacher union leaders and education advocacy groups: The promise of more money next year is meaningless without a working budget this year.

“It’s hard to get happy with numbers if the numbers don’t mean anything,” said David Seropian, business manager for the McKeesport Area School District. “If the numbers come to fruition then we would be pleased.”

Sto-Rox Superintendent Terry DeCarbo said he was “optimistic but skeptical” of the governor’s 2016-17 proposed spending plan.

And North Hills School District Director of Finance and Operations David Hall said he paid no attention to the governor’s proposal on Tuesday because “right now it’s just pie in the sky.”

Mr. Wolf’s education funding proposals are based on the assumption that the framework budget he reached with Senate Republicans in December will be made into law.

That means his proposal assumes the state adds $377 million in the current year to the main funding line for K-12 education. The 2016-17 budget proposal would add another $200 million in the new budget year.

In addition, the governor would add $60 million next year for early childhood education on top of a $60 million increase he hopes for this year and proposes an additional $50 million for special education on top of $50 million he hopes will be enacted in this year’s budget.

The money would be distributed using the fair funding formula created and adopted by the bipartisan Basic Education Funding Commission in June 2015.

Statements from the Education Law Center, Pennsylvania School Boards Association and the Pennsylvania State Education Association applauded the governor’s proposed funding increases, but urged legislators to work with administration to approve a budget and get funds flowing to the schools.

“This is just unacceptable. It’s nothing short of a crisis and it must be fixed,” said PSEA president Jerry Oleksiak said.

Both McKeesport and Sto-rox have borrowed money to get through this school year as a result of frozen state subsides.

McKeesport borrowed $5 million last fall to meet expenses, a debt that was repaid when districts received about 45 percent of their state funding last month. But the McKeesport board is preparing to take another $3.6 million line of credit next month if a state budget is not approved and the remaining subsidies released.

Sto-Rox is functioning by paying bills from a $7.3 million line of credit it arranged last summer.

“We are $2 million into it and that $2 million is all for the safety of the staff and students, the day-to-day operations, just keeping the lights on. We are standing in place on initiatives and rollouts because we can’t fund it. We are just maintaining,” Mr. DeCarbo said.

Linda Hippert, executive director of the Allegheny Intermediate Unit, said the lack of adequate state funding is becoming evident in the gap between districts that have financial resources and those that do not.

“We are applauding the governor for sticking to his vision,” Mrs. Hippert said. “But at the same time we as a commonwealth, with the legislators, have to have and share a vision for education and determine what it takes to meet that at some level because we are moving in the wrong direction.”

Pittsburgh Public Schools Superintendent Linda Lane said “we totally appreciate [the governor’s] unwavering resolve to address funding issues in the schools across the Commonwealth” and urged legislators to “resolve this in a way that we can all move ahead.”

“At the end of the day, the kids are still going to school every day. None of us can ever forget that,” Mrs. Hippert said.

Molly Born contributed. Mary Niederberger: [email protected], 412-263-1590. On Twitter @MaryNied.

Continued investment needed to adequately meet the needs of PA’s children

February 9, 2016

 

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement regarding Governor Wolf’s Budget Address:

“We applaud Governor Wolf’s continued attempts to provide desperately needed resources to Pennsylvania’s schoolchildren. Years of state cuts to education spending and one-time fixes have disproportionately negatively impacted students in our poorest communities.

“Governor Wolf’s proposal to increase basic education funding levels by $200 million for the next fiscal year, in addition to his continued work toward a $377 million basic education funding increase this year, would allow schools across Pennsylvania to begin restoring critical programs and supports to classrooms. His proposal to increase early childhood and special education funding further reflects the need to invest in the Commonwealth’s most vulnerable children.

“Furthermore, we appreciate the governor’s continued commitment to a bipartisan formula that directs state education funding to the students and districts that need it most. Pennsylvania’s school funding system is the most inequitable in the country. Years of inadequate and inequitable funding have forced many school districts to eliminate programs, lay off teachers, and reduce academic support for students. The new funding formula is an important first step to ensuring that all students have access to meaningful educational opportunities.

“But even as the governor is proposing new education funding for the upcoming fiscal year, negotiations to ensure increased education funding in this year’s budget have dragged on for an unconscionably long period of time. The governor and legislative leaders must finally end our state’s budget crisis by approving a long-term solution to give Pennsylvania’s children the tools they need to succeed.

“Yet even if the governor’s proposal is approved by the General Assembly, it is only a down payment toward providing Pennsylvania’s children with the thorough and efficient education system they are guaranteed by our state Constitution. Two years of increased education funding will not be enough to correct the vast disparities between our poorest and wealthiest districts. We need a sustainable, equitable, and predictable school funding system to give all children the education they need, regardless of ZIP code, income, or race.”

# # #

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, and children experiencing homelessness.

www.elc-pa.org | www.facebook.com/educationlawcenter | www.twitter.com/edlawcenterpa

PHILADELPHIA: 1315 Walnut Street, 4th Floor | Philadelphia, PA 19107 | 215-238-6970

PITTSBURGH: 429 Fourth Avenue Suite, 702 | Pittsburgh, PA 15219 | 412-258-2120

Is Your Child With Disabilities Experiencing Transportation Problems in Philadelphia?

As a member of the Philadelphia Coalition of Special Education Advocates, the Education Law Center and other advocates filed an administrative complaint with the Pennsylvania Department of Education to challenge the failure of students with disabilities to receive transportation services to which they are legally entitled under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. The Complaint resulted in an investigation by the State and corrective action undertaken by the District.

Below are resources for families and advocates to help with transportation issues, including truancy issues, that may arise. You may also contact the Education Law Center directly by following instructions available here. You can learn more about ELC’s mission here.

Parent Resources

The School District now has a Transportation Line (400-4350) and email address ([email protected]) to report issues regarding transportation.

In addition, here is some information from the District regarding how to obtain compensatory education services for instruction hours that your child missed due to transportation problems:

State Complaint and Complaint Investigation Report Issued by PDE

Media Coverage

Education Law Center-PA Statement on Wolf announcement of proposed Basic Education Funding increase

FOR IMMEDIATE RELEASE

February 2, 2016

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement regarding Governor Wolf’s announcement of his proposed basic education funding levels for 2016-2017:

“We welcome Governor Wolf’s proposal to finally bring an end to Pennsylvania’s months-long budget stalemate. Additional resources are desperately needed for school districts across our commonwealth that are relying on emergency funding just to maintain the inadequate status quo.

The $377 million in additional basic education funding for this fiscal year and the $200 million in funding for the next fiscal year proposed by the Governor would allow school districts to begin to restore critical programs and supports – including addressing curriculum deficiencies, providing remedial help, updated textbooks, and school counselors. We are pleased that the governor is pressing for the adoption of a bipartisan education funding formula for the upcoming fiscal year – though a formula is only as good as the dollars sent through it.

The Governor’s proposal would be only a down payment on the resources that are required to ensure that every child in Pennsylvania receives the thorough and efficient public education guaranteed by our Constitution. Substantially more resources are needed to close longstanding adequacy gaps which keep our children from meeting state standards.

Education shouldn’t be a partisan issue. It is the most important investment we can make in our future, and we call on the Governor and legislative leaders to immediately return to the negotiating table to find a long-term, sustainable solution that prepares children to succeed and to compete in the global economy.”

# # #

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, and children experiencing homelessness.

www.elc-pa.org | www.facebook.com/educationlawcenter | www.twitter.com/edlawcenterpa

PHILADELPHIA: 1315 Walnut Street, 4th Floor | Philadelphia, PA 19107 | 215-238-6970

PITTSBURGH: 429 Fourth Avenue Suite, 702 | Pittsburgh, PA 15219 | 412-258-2120

Opinion: Fully and fairly fund our schools

Jan. 17, 2016 – The Pittsburgh Post-Gazette – By Nancy A. Hubley and Patrick Dowd

Pennsylvania’s leaders have signed off on school funding reform. It’s long past time they got it done.

This month Pennsylvania began 2016 without a full budget, leaving the short- and long-term needs of every school — and every student — up in the air.

In the short term, the partial spending plan recently signed by Gov. Tom Wolf will provide desperately needed emergency cash for schools and human services, but only enough to push off closures and further cuts for a few more months.

In the long term, the budget gridlock means that one of the fundamental issues facing Pennsylvania — the need to repair our broken public school funding system — remains unresolved.

Not having sufficient resources is unfortunately nothing new for Pennsylvania students. Years of inadequate and inequitable funding have forced many school districts to eliminate programs, lay off teachers and reduce academic support for students. These cuts particularly harm at-risk learners who lag behind their peers and will continue to do so unless they are provided with resources and supports that address their needs.

The reality is that the state’s current system of funding education simply does not work. On that, virtually everyone agrees: Republicans, Democrats and educators in rural, urban, suburban and charter schools. The system does not provide sufficient resources to educate every student to academic standards, nor does it distribute dollars in a fair and predictable way.

The budget gridlock has only made things worse: Scores of school districts across the state have been forced to borrow emergency funds just to keep their already-underfunded doors open.

The result, repeated again and again since long before today’s ongoing budget impasse, is that Pennsylvania has the widest funding gap between wealthy and poor school districts of any state in the country. That means that the amount of money available to educate a child varies widely, depending solely on where each child happens to live. The lack of predictability in the distribution of funds also means that school districts cannot effectively plan for the future.

Pennsylvania’s inadequate school funding system has compelled our organizations to help create and lead the Campaign for Fair Education Funding, a coalition of more than 50 diverse organizations dedicated to advancing a funding system that allocates state education dollars in a fair way so that all children have a chance to succeed no matter where they live.

Last June, the bipartisan state Basic Education Funding Commission, made up of representatives from the governor’s office, the Department of Education and members of both parties in the state House and Senate, responded to this call for action and unanimously approved recommendations for a new school funding formula. After months of hearings, analysis and negotiations, the commission developed a formula that would address the concerns of schools and remove politics from decisions as to whether students have the resources they need to succeed.

This balanced formula would direct money to school districts based on objective factors, such as student enrollment, the needs of the student population and school district wealth and capacity to raise local revenue. It was widely praised by legislators, local school officials and other experts and editorial boards across Pennsylvania as a critical first step towards equity and adequacy in Pennsylvania’s school funding.

In a year of political gridlock and increasing polarization, it is notable that all sides came together to find a solution to benefit students. The formula’s adoption, however, is still in question.

It was included in the budget framework that the governor and legislative leaders agreed to back in November, when a consensus was reached to direct some new dollars to restore past funding cuts while distributing the remaining dollars through the new funding formula. In future years, the new, fairer formula would be used to distribute all funding.

If the governor and legislators want to move toward sustained, meaningful investment in our schools, they should pass a full budget that contains at least an additional $350 million for basic education to help restore previous school funding cuts and begin implementing the new funding formula. This significant increase in basic funding would be only a down payment on the long-term investment required to reach equitable and adequate funding, but it is a necessary first step.

It is time for lawmakers to cast aside their differences for what should be their top priority: an equitable basic education funding system that provides a strong foundation for the long-term investment that is needed in our public schools.

Pennsylvania’s students, who are shortchanged every day by our broken system, cannot afford to wait any longer.

Nancy A. Hubley is Pittsburgh director of the Education Law Center. Patrick Dowd is executive director of Allies for Children.

The Comeback of Charters

Jan. 26, 2016 – The Philadelphia Citizen – by Roxanne Patel Shepelavy

Twenty years in, good charter schools are self-policing and calling for the closing of bad ones. Is it enough to get the movement’s mojo back?

The thing about the soap opera at last week’s School Reform Commission meeting—at which the commissioners made an 11th-hour decision to turn Wister Elementary into a Renaissance school run by Mastery Charters—is that underneath it all, it was a dramatic retelling of the same old story.

On the one side were desperate parents and pro-charter supporters who believe Mastery can turn around the school quicker and better than the District—something they say the charter organization has proven time and again. On the other side were a different set of parents and charter opponents who believe what Wister needs is more and better support from the District to continue the modest performance gains it made last year—not giving it over to a charter.

Commissioner Sylvia Simms, after speaking with pro-Mastery parents, proposed a resolution overturning Superintendent William Hite’s decision to keep Wister a traditional public school. She spoke movingly of parents like her: From low-income neighborhoods, where schools have long struggled to provide a good education, whose children make up the thousands on charter waiting lists. Three commissioners supported her. And immediately, the decision was slammed by public school advocates like new Councilwoman-at-large Helen Gym, Philadelphia Federation of Teachers president Jerry Jordan, and Mayor Jim Kenney.

So much shouting into the wind, so little change in the conversation. It’s no wonder so many of us feel like nothing is ever going to change.

Or is it? This year could mark a new era for charter schools in Philadelphia. For the first time publicly, high-performing charters have started to acknowledge what critics of the whole movement have been saying for years: that many charter schools do a worse job of educating students than traditional public schools; that they should not be allowed to continue; and that the city and state have made it too hard to shut down a school, even when it has had poor results for years.

In September, the group of about 50 charters calling itself Philadelphia Charters for Excellence (PCE), along with the advocacy arm of charter-friendly Philadelphia School Partnership, issued a position paper that called for the closing of poor-performing charter schools.

“When charter schools are effective, they should be encouraged to grow,” the paper, “Better Isn’t Good Enough,” says. “But when they are ineffective, they should be closed or transformed, especially since the priority is to give as many students as possible access to high quality schools.”

It was the first stroke in what will be a line in the sand starting this year: On one side will be charters that serve Philly students well, as judged by a particular set of standards; on the other, will be those that don’t. It’s a distinction that could allow charters to take back a piece of the school reform narrative that has turned away from them in the last few years. And, if all goes as planned, it could benefit the school system as a whole.

“For the good of the charter movement, for the good of schools, for the good of the District, we will be setting clear standards about what is success,” says Amy Ruck Kagan, who was hired by PCE’s board in June to transform the organization. “There is support in Philadelphia to change the charter movement here, to finally say, it’s not about growing for growth’s sake, but to be a part of the conversation about the future of schools.”

Kagan, formerly head of New Jersey’s charter school office, started in the middle of what was, by many accounts, a tough year for the perception and politics around charters. (“I never thought anything could be more politicized than New Jersey,” Kagan says. “This is, or at least as much.”) In February, the SRC approved only five of 39 applications for new schools—a number on par with the national trend but still a disappointment to many advocates. (Another school was added later.) Still, even that concession led (then new) Gov. Tom Wolf to replace SRC Chairman Bill Green with Marjorie Neff, the only commissioner who voted against any new charters at all.

A few months later, decidedly pro-charter Anthony Williams was decidedly defeated in the city’s Mayoral primary, for an election which several months later saw public school advocate Helen Gym garner the most votes for her new Council-at-large seat. Even Hillary Clinton got in on the act nationally, chiding charters for not accepting or keeping enough hard-to-teach students.

This year started with Gov. Wolf sending money to school districts that charters contend was owed to them—and with an ongoing debate over a provision to the state school code that would weaken the District’s authority over charters. Where it will end is still not known.

“This is a less welcoming environment for charters in the state than we’ve seen in a long time,” says Kagan. “Everything politically is pointing to the need to make a change. It’s vital that we do this now.”

This month, Kagan unveiled a three-tiered membership system that demands PCE members perform to certain standards in academics, governance, finances and admissions/enrollment policies. (Citizen chairman and columnist Jeremy Nowak was a consultant to PCE in developing the standards.) Each tier comes with academic expectations—from a School Performance Profile index of 50 for Tier 1 to an SPP of 75 for Tier 3—and increasingly stringent requirements for financial solvency and board transparency.

All members will also be required to take an “equity pledge,” promising to maintain and take students off a waiting list, and have a one page admissions application, in multiple languages, with someone available to walk parents through it—as close as possible to the ease of registering for a neighborhood school. To check, Kagan says PCE will initiate a “mystery shopper” program, posing as parents to randomly call charters to confirm their admissions policies—something charter authorizers in other cities have started to do.

For those that qualify, PCE membership will mean the school has passed a series of tests, set up by charters for charters, to achieve something like a Good Housekeeping Seal of Approval. The tiers will give parents and school officials a way to compare charters that has been lacking so far. And Kagan says PCE plans to convene disparate PCE members for more directed professional development, discussion of best practices and collaboration.

As a group, PCE membership may give charters more leverage to advocate locally and statewide, especially since PCE and school reform group PennCAN are also working with Pittsburgh schools to sign on to a similar program. Eventually, Kagan hopes a PCE score will signal to the School District, the SRC, the state and parents which schools should be allowed to grow—and which should be made to close.

“We’re battling in Harrisburg, and locally, and the argument keeps coming back to: But so many charters are doing badly,” Kagan says. “We’re changing the conversation by asking you to stand behind the ones that offer access to all, are academically strong, and are ready and poised to take on new kids.”

The move is the boldest acknowledgement on the part of charters that the tides have shifted nearly two decades after the movement started. Which begs the question: What took them so long? For the first several years, the charter school movement meant innovation—it was educators opening schools, hoping to find a way out of the morass of public education that had long been failing many students. The District allowed for rapid charter growth before anyone could gauge success or failure. By then, the state charter law had made it expensive and cumbersome to shut down a school, and had allowed them to grow their populations. Some 28 percent of Philly students now attend a charter school.

In the last few years, what had started as an alternative for every Philadelphian became a symbol in the class struggle epitomized by Occupy Wall Street. Suddenly, charters were stand-ins for the haves taking from the have nots—never mind that most Philadelphia charter school students are still among the poorest kids in the country—a perception not helped by, well, charters. Like this gem from 2013: A closed-door meeting of private donors who give $50,000 in charitable donations yearly, meeting at The Union League, to discuss the future of public education. (Full disclosure: Citizen chairman and columnist Nowak was among the program’s speakers.) Are Bill Gates and Michael Dell, whose nonprofit foundations attended the event, getting rich off of charter schools? Doubtful. But the event fed the notion that charter schools were for and about something distasteful to regular folks.

Meanwhile, as middle class families have expanded beyond Center City, they have embraced their local public schools, a civic-minded pursuit that has also become an anti-charter movement. With the political winds shifting, the charter school sector often acted like a monolith, loathe to point fingers at each other, even when it became clear that some charters have unfairly culled their population, or failed to educate their students, or operated in a way that is not transparent or above board. They lobbied the state—successfully—to make Philly consider opening more charter schools, even while the city struggled to close those that were not successful.

Add into the political stew the fact that budget woes over the last several years have led traditional public schools to close, consolidate, cut staff and grow their class sizes. An already fractious debate over charters has now become one about survival, on both sides.

“Scarcity makes people dig in their heels and protect their territory more than before,” says David Lapp, a lawyer at Education Law Center, who is a critic of many charter school policies. “It’s inevitable that as we got to this percentage of students in charters, people would start looking at what this sector is doing, and whether or not it’s a good thing to have it expanding.”

It’s a delicate moment for PCE and Kagan: Hired by PCE’s board, made up of charter school officials, she is now telling those officials what they must do to remain in PCE. As she has unveiled her group’s plans, she says her standing members have reacted in three ways: Confusion over what it means; disagreement over the academic standards, particularly using the state’s assessment system, which relies heavily on standardized tests; and a worry that the bar for inclusion is still not high enough.

Kagan says schools have until September to align themselves with PCE standards. Academics alone will mean some current members—like some Universal charter schools—will not make the cut. (Because of changes to state assessments last school year, the education department last issued SPP scores in the 2013-2014 school year; those are the figures PCE will look at.)
For other pieces of the membership process, Kagan says PCE plans a series of group trainings, as well as individual sessions, to help schools that need a little extra guidance. “We want to help them get there,” Kagan says. “Still, we’re not winning a lot of friends in our own movement, necessarily.”

But she has no other choice if she wants to win over an even more difficult contingent: those outside the organization. Lapp says the success of PCE’s new initiative will depend on many factors: How transparent it is with its standards, what they consider “success” in academics, and how far they plan to go to ensure low performing schools are actually closed. Kagan, who has conferred with both friends and foes of charters, says PCE has and will lobby for legislation to ease the shuttering of schools.

That remains to be seen, but even charter critic Lapp concedes that there’s cause for some hope. “I think it’s awesome that PCE is owning its name and defining excellence in a different way,” he says.

Op-Ed: Proposed changes to Pa. law would squander higher school funding

Jan. 20, 2016 – the Philadelphia Public School Notebook – by Michael Churchill, Deborah Gordon Klehr, Susan Spicka

Earlier this month, Gov. Wolf approved emergency funding to allow schools to remain open despite the ongoing budget impasse in Harrisburg. We are pleased that the governor is holding out for an agreement with legislative leaders that would result in a historic $350 million increase in basic education funding, which would include a $100 million restoration of funding to Philadelphia schools. This money would provide immediate relief to a cash-strapped district and would allow it to begin restoring cuts to nurses, counselors, and other vital services after years of bare-bones budgeting.

Yet those gains could be fleeting.

We are deeply troubled by language that has been inserted into the proposed Pennsylvania School Code that would enact sweeping changes to our state charter school policy. The changes would weaken the important role of school districts as charter authorizers to both manage responsible charter school growth and ensure that charter schools are providing a high-quality education to all kinds of students.

To be responsible stewards of taxpayer dollars, fiscally distressed school districts must balance requests for charter expansion with the fact that every new charter school costs districts money and siphons resources away from children who remain in traditional public schools. Indeed, the School District of Philadelphia would have to set aside $35 million of the $100 million in additional funding it would receive under the previously agreed-upon budget framework simply to cover additional payments to charter schools.

The proposed school code language contains provisions – in effect directed only at Philadelphia — requiring five schools a year to be designated for takeover by the Pennsylvania Department of Education. At least two, and possibly all five, would be converted to charter schools.

The irony, of course, is that Philadelphia’s schools are already controlled by the state. There’s no evidence that this move will improve results – but it is sure to worsen the District’s structural deficit.

Additional language applicable to every school district in the state would weaken local districts’ ability to provide effective oversight of charter school operators to ensure that charter expansion occurs in sustainable ways and that charter operators deliver quality education to their students. It would enable charter schools across the state to amend the terms of their charters, create cross-district charter school networks, open new buildings, add new grades, and expand enrollment – all without the authorization of local school boards. It would also reduce accountability by allowing charter schools to go a full decade before having to renew their charters.

Taken together, the school code as written is a Trojan horse, destroying what it purports to save.

Our calculations show that these provisions could increase costs to districts so much that even with increased revenues, this budget deal could result in a net loss for the School District of Philadelphia in as little as 36 months.

Thus even as lawmakers in Harrisburg continue to complain that Philadelphia schools need to live within their means, they are pushing legislative language that would continue to burden the district with costly new mandates that only dig the District into a deeper financial hole.

At the same time, they fail to recognize that Philadelphia schools educate far more students in poverty, English language learners, and vulnerable students than almost all districts in the state. Roughly 85 percent of Philadelphia schoolchildren come from poor families – compared with a statewide average of 43 percent.

Even worse, there are rumblings in Harrisburg that lawmakers, skittish about raising taxes to support increased investment in our schoolchildren in an election year, may attempt to abandon substantial education funding increases while continuing to pursue this aggressive pro-charter language. This would leave Philadelphia with greater expenses and more cuts in services for its students.

The governor should make it clear that this would be unacceptable.

The important question about the role that charter schools should play in our educational system deserves its own broad and wide-ranging debate and should not be swept into the budget negotiations as a price that Philadelphia pays to get past funding cuts restored. The Philadelphia delegation should carefully review the costs of additional funding in deciding what to support.

There’s still time to make things right. As lawmakers return to Harrisburg to resume negotiations on a budget solution, these destructive proposed provisions should be eliminated from the school code.

Our lawmakers must instead refocus on passing a budget that contains at least $350 million in new basic education money to help restore school funding cuts and that begins to implement a new funding formula that rationally and fairly distributes education dollars. Only then can we embark on a long-term, sustainable solution that begins to right the School District’s finances and reflects our commonwealth’s values by beginning to provide every child with the resources needed to succeed.

Michael Churchill is an attorney at the Public Interest Law Center.

Deborah Gordon Klehr is executive director of the Education Law Center of Pennsylvania.

Susan Spicka is an advocacy coordinator for Education Voters PA.

Concerns raised about law replacing No Child Left Behind

One month after Congress approved legislation shifting oversight of student accountability standards from federal to state control, state officials, including those in Pennsylvania, are planning how to establish and measure those new standards.

The end of No Child Left Behind, passed by Congress in 2001 and put into effect in 2002, was welcomed by many who objected to its focus on testing and to the complex reporting requirements. The program also did not come close to its goal for 100 percent proficiency by 2014.

But some civil rights and education advocacy groups are concerned that the Every Student Succeeds Act, which replaces the former federal statute known as No Child Left Behind, will create an environment that will not require some under-achieving schools to improve.

“We are concerned that without federal oversight that the schools in Pennsylvania can overlook the needs of educationally vulnerable students,” said Cheryl Kleiman, staff attorney in the Pittsburgh office of the Education Law Center.

The D.C.-based civil rights organization Advancement Project cited the case of Brown v. Board of Education in which the U.S. Supreme Court in 1954 unanimously declared state-sponsored segregation in public schools unconstitutional.

“History tells us the federal government is a necessary party in ensuring equity in education,” the organization said in a release shortly after passage of the ESSA. “Without federal interventions segregated schools would have persisted.”

While, the ESSA was approved by Congress and signed into law by President Barack Obama in December, its exact details won’t be known to states until the voluminous legislation is translated into regulations by the U.S. Department of Education. It takes effect in the 2017-18 school year.

Nicole Reigelman, spokeswoman for the Pennsylvania Department of Education, said the department “is encouraged by the changes brought about by the ESSA,” and plans to work with stakeholders in the development of Pennsylvania’s assessment plan.  The department is working on a timeline for the plan’s completion.

The NCLB required the reporting of student achievement data that was broken down by subgroups such as minorities, English Language Learners, special education and economically disadvantaged students.

Signed into law in 2002, the NCLB created the measure of Adequate Yearly Progress, or AYP, and required all students to hit proficiency targets that increased each year. Schools with grade levels and student groups that did not hit the annual targets were labeled and required to devise improvement plans. Though it was never acted upon, the threat of the loss of federal funds hung over the heads of states and districts if appropriate actions weren’t taken

The ultimate goal was 100 percent proficiency by 2014. According to the National Assessment of Educational Progress, the “Nation’s Report Card,” “proficiency” rates in 2014 were below 50 percent for every racial and ethnic group, in both reading and math, in both fourth and eighth grade. There were two exceptions: Asian students in all subjects scored 51-64 percent and white students in fourth-grade math scored at 54 percent.

Critics of the NCLB said that it set an unattainable goal, created an excessive focus on annual testing and did not take into account other measures of progress. In order to address those issues, ESSA will require states to take a more comprehensive look at student achievement with less emphasis on testing.

Under the ESSA, states are mandated to create academic plans that will produce students who are college or career ready, without remediation. However, they also are required to intervene only in the lowest-performing 5 percent of schools, high schools where a third or more of the students fail to graduate and schools with persistent achievement gaps.

Carey Harris, executive director for educational advocacy group A+ Schools said the legislation leaves room for chronically underachieving schools that don’t fall within the bottom 5 percent to “fall through the cracks.”

“Five percent is a very low bar,” she said. “None of the city public schools would even meet that target, yet you have some that have struggled academically for years. I would hope this legislation would get very serious about addressing that, so we’re not looking at Westinghouse, looking at Carrick, looking at [University Prep] in 10 years and saying they’re still no better off.”

Chad Aldeman, an associate partner at the education consulting and research group Bellwether Education Partners and former adviser in the policy office of the U.S. Department of Education, estimates that about 17,000 schools in the nation that would have been required to come up with meaningful improvement plans under NCLB will now be “off the hook.”

Ms. Reigelman said Gov. Tom Wolf is dedicated to making sure that every Pennsylvania student is college or career ready when they graduate and that he has lobbied for “historic” funding increases to Pennsylvania to work toward that goal.

A holdover from the NCLB included in the ESSA is that student achievement data will still be reported by subgroups. But critics question its value if there is no federal mandate for improvement beyond the bottom 5 percent. However, states can set their own target percentage for improvement, but would receive no federal funding about the bottom 5 percent.

“A lot of that data is available to the public now, although some states and districts are better than others about publicizing it,” said Dwanna Nicole, senior policy advocate for Advancement Project. “Even with all that data, if the school district and state aren’t going to use it to ensure equitable education for young people, then it doesn’t matter.”

Civil rights and educational advocacy leaders say it’s their hope that their organizations can fill the void of federal oversight by holding schools and districts accountable and working with states as those plans are formulated.

That collaboration “should begin now,” Ms. Nicole said.

The groups want to see testing become less of a focus in the measurement formulas. In its place, they want to have other factors incorporated, including the annual academic growth of student groups, school climate, and how students are disciplined. In Pennsylvania, Ms. Reigelman said the governor and Education Secretary Pedro Rivera have had “ongoing meetings with stakeholders to explore alternatives and develop new measures” to make the state’s School Performance Profiles a more effective evaluation tool.

Ron Cowell, executive director of the Education Policy Leadership Center, said the new federal law has been applauded because it gives states far more flexibility than the NCLB, but with that flexibility comes responsibility.

“They need to respond in a way that we don’t lose a sense of responsibility and accountability for how schools are serving particularly kids who are most dependent on public education and historically were not well-served,” Mr. Cowell said.

Like Ms. Reigelman, Mr. Cowell raised funding as an obstacle for those putting together Pennsylvania’s plans. He said to overcome the lack of federal oversight, the state needs an aggressive accountability plan, but that requires adequate and stable funding from federal and state sources.

Mr. Cowell said it will be difficult for the state education department to determine the amount of financial resources it will have in the future, given that the state budget still is not settled and that the parties are in disagreement about the extent of education funding. This is compounded by the fact that education in Pennsylvania is still recovering from the nearly $1 billion reduction in funding in 2011.

In addition, he said, the department, similar to state education departments across the country, has been downsized in staff considerably in the past decade, leaving a smaller staff to carry out the federal mandates.

“When you start out with inadequate resources and no predictability about what available resources will look like year to year in the future, it’s pretty hard to engage in serious planning,” Mr. Cowell said.

 

http://www.post-gazette.com/news/education/2016/01/10/Education-advocates-worry-about-lack-of-federal-oversight-for-schools/stories/201601060194

 

The wheels on the bus are late

January 6, 2015 – Philadelphia Daily News – by Ronnie Polaneczky

IN PHILLY, if your child is late to school often enough, you may be hauled into Truancy Court to explain why your kid isn’t in class when he should be.

If only the absences were taken as seriously when the lateness is caused by the Philadelphia School District.

Since September, Monica Klimas’ son Danny Gallagher has been late to Gen. Philip Kearny School countless times. That’s because the bus that picks him up at home in Bridesburg can’t reliably get him to Kearny, in Northern Liberties, in time for the morning bell.

“Look at this,” Klimas says, opening the log she has kept of Danny’s tardy pickups. Except for October, when the bus miraculously arrived within minutes of its scheduled time, Danny’s transportation has been as unreliable as a Comcast service call.

On two back-to-back days in December, the bus never came at all.

Some days, sixth-grader Danny, 11, has been as late getting home. One time, he didn’t walk through the door until 5:30 p.m. He was famished and rattled from the two-hour bus ride.

“His day was longer than mine,” says Klimas, an optician who works in East Falls. She doesn’t drive, so if the bus is running really late, it costs her $30 in cab fare to get Danny to school.

She has endlessly e-mailed the district and left unanswered voice mails. She’s also routinely hung up in frustration when the voice-mail box was full.

Klimas worries that Danny, who has Down syndrome and is enrolled with six other intellectually disabled kids in Kearny’s terrific new life-skills program, has missed out on critical class time.

Despite continual reporting of her transit problems to the district, including calls and emails on her behalf made by Kearny principal Daniel Kurtz and his staff, the unpredictability has persisted, Klimas says.

As I listen to this very good mom’s tale of torment, I think, “Man, someone really needs to talk to the Pennsylvania Department of Education about this kind of stupidity.”

Except someone already did.

Last year, the local Coalition of Special Education Advocates filed a formal complaint with the department on behalf of special-ed students whose education plans call for district transportation to and from school.

For years, parents had complained that buses were frequently late. Routes were changed with little warning. Drivers and bus aides were poorly trained to deal with special-needs kids. And parents couldn’t get through to the district for help.

So the state investigated, sending surveys to 254 schools to inquire about transportation services to special-ed students in the 2014-15 school year.

Among the 93 schools that responded, 26 had no issues. The remaining 67 reported that buses had failed 10 times to pick up a student and had been late to school 392 times.

Yep, those are real numbers.

The state has since expanded its survey to monitor transportation services to any school that provides instruction to any district special-ed student.

Meanwhile, the state has concluded that special-ed students who miss instruction or therapies because of transportation problems are entitled to “compensatory education services” to make up for the times they were denied a “free and appropriate public education” as required by law.

Last month, a letter was to have been sent to parents of all special-ed students to tell them that.

District spokesman Fernando Gallard was not aware of the state’s action, but conceded that the district’s goal is always to get kids to school on schedule.

“We’re definitely not meeting that [obligation] all the time,” he says. “The expectation is on us to get it right.”

Still, he says, “we’re dealing with a very large urban transportation system, almost like SEPTA, with 1,600 routes. There are going to be problems with traffic and bus breakdowns that cause late arrivals for students.”

Of the district’s 280 buses, 160 have GPS systems that track in real time a vehicle’s whereabouts, he says; buses provided by private transportation companies to the district are already equipped with the devices.

They don’t appear to have helped special-ed student Terrell Ward, an eighth-grader at Morris E. Leeds Middle School in Mount Airy. His bus service was so erratic that his mom, Tamika Ward-Andrew, was summoned to Truancy Court last fall for his alleged massive absences.

In truth, she says, he was routinely dropped off at school after roll was taken.

“One time,” says Ward-Andrew, “the bus didn’t show up for two weeks in a row; the third week, it was late every day.”

She contacted the Education Law Center for help, and senior staff attorney Maura McInerney was able to get the truancy case dismissed. But Terrell’s record still shows 88 late days and 25 absences – most of them filed in error.

“Our next step is to get the record corrected,” says McInerney.

Hearing these tales, I am floored.

Children thrive on routine and structure. And parents – especially those working outside the home – need a degree of reliability to keep family life from flying off the rails.

And for special-needs kids, says McInerney, the need for predictability is even greater.

“When a child’s class day is disrupted, they can miss more than instruction,” says McInerney. “For children with emotional-support needs, predictability is a critical issue.”

Lateness throws them a curve ball they can’t handle.

Monica Klimas and Tamika Ward-Andrew say their sons love school. And both moms are impressed by the quality and commitment of the special-ed teachers at their kids’ schools.

If only they could say the same about the bus service they rely upon to get them there.

Parents having problems with district-provided transportation can call 215-400-4350, a hotline established as a result of the state investigation. For help securing compensatory services for a child’s missed instruction, contact the Education Law Center at 215-238-6970 or go to https://elc-pa.org.

http://mobile.philly.com/beta?wss=/philly/news&id=364329951

Opinion: Unless we’re careful, the new ‘No Child’ may still leave some behind

PennLive Op-Ed – Dec. 24, 2015 – By Deborah Gordon Klehr and Jackie Perlow:

Earlier this month President Barack Obama signed into law a comprehensive overhaul of the Elementary and Secondary Education Act (ESEA), previously known as No Child Left Behind.

First passed by Lyndon Johnson in 1965, the mission of this federal law is “to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education.”

While past iterations of ESEA have failed to fulfill this promise, this month’s reauthorization offers states like Pennsylvania an opportunity to reaffirm ESEA’s central mission to advance educational equity and protect the civil rights of vulnerable students.

In several ways this reauthorization, known as the Every Student Succeeds Act (ESSA), represents an improvement over existing legislation.

It will provide targeted support to struggling schools, including schools where traditionally overlooked student groups consistently underperform.

The new ESSA does more to hold schools responsible for the achievement of English language learners, including those with disabilities, and provides significant educational protections for children in foster care and those experiencing homelessness.

The law also expands educational opportunities for youth in the juvenile justice system and supports their smooth transition both into and out of juvenile justice school placements.

In addition, we know that many vulnerable students experience trauma, and ESSA also takes positive steps to support schools to recognize and address trauma. We applaud these important new provisions.

However, the Education Law Center remains concerned about whether the new law has the teeth to guarantee a quality public education to our state’s most vulnerable students.

On its face, the changes in ESSA will do little to improve resource inequities, discipline disparities, or the lack of opportunities for educationally at-risk students in Pennsylvania.

Most worrisome, however, is the law’s lack of federal oversight and accountability.

Under ESSA, much of the responsibility for ensuring educational opportunities for vulnerable students has been shifted to the states.

Both current research and our experience in Pennsylvania show that when states are given unfettered control over education, the civil rights of the most educationally vulnerable students often go unprotected and their academic outcomes suffer.

We are concerned that without federal oversight, schools in Pennsylvania may ignore the needs of the educationally vulnerable students they serve.

In no area is this concern more pressing than when it comes to school discipline. Under No Child Left Behind, schools faced harsh consequences if students failed to achieve on high-stakes testing.

This focus on standardized test scores incentivized schools to push out the students who posed the greatest challenges.

At the same time, states largely turned a blind eye to the resulting discipline practices that disproportionately excluded students of color and students with disabilities.

While data shows that students of all races violate school rules at the same rate, black students are three times more likely to be suspended or expelled than white students.

The consequences of punitive discipline reach far beyond missing a day or two of class.

Students who are suspended even once in ninth grade are more than twice as likely to drop out of high school.

We know that unless the state actively holds itself accountable for eliminating existing discipline disparities, discriminatory and overly punitive discipline practices will continue to act as barriers for our most vulnerable students.

While ESSA will not require Pennsylvania to address these disparities, it does offer an opportunity to do so.

Under ESSA, each state is charged with developing an accountability plan. This plan must include three academic factors and one non-academic factor.

The law permits states to choose “school climate” – a broad term that encompasses suspensions, expulsions, and removal to alternative education settings – as the non-academic factor in their accountability plan.

The Education Law Center urges Pennsylvania to take advantage of this opportunity and identify school climate as the fourth factor in its accountability plan.

We also caution Pennsylvania not to replicate the incentives in No Child Left Behind that drove schools to adopt exclusionary discipline practices in a failed attempt to improve school performance.

Rather, the state’s renewed attention to an accountability framework should address improving academic performance in tandem with addressing school discipline.

This opportunity is timely because the Wolf administration and the Pennsylvania Department of Education have recently announced plans to revamp the state’s current and flawed School Performance Profile metric, which often penalizes schools impacted by poverty rather than rewarding progress.

However, including this factor is only the first step. As the state begins the process of developing and implementing its accountability plan, it is vital that Pennsylvania engage parents, students, advocates, and educators in these decisions.

We urge the state to seek out communities and leaders with diverse perspectives and include their voices at every step in the accountability plan process.

Only by holding ourselves accountable for eliminating the barriers that harm vulnerable students and providing schools with the resources they need to support them will Pennsylvania be able to avoid the shortcomings of the ESSA and ensure that all students in the state receive the quality education they deserve.

Deborah Gordon Klehr is the Executive Director of the Education Law Center. Jackie Perlow, Esq. is the Kaufman Legal Fellow at the Education Law Center.

http://www.pennlive.com/opinion/2015/12/unless_were_careful_the_new_no.html

Education Law Center calls on policymakers to resume negotiations on budget that invests in our children

December 29, 2015

FOR IMMEDIATE RELEASE

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement following the Governor’s Budget Address:

“We are pleased that the Governor exercised his line-item veto powers this morning to force all parties back to the negotiating table. We agree that the release of emergency funding is necessary to ensure that schools remain open during this impasse, but let’s be clear: Emergency funding is not sufficient and certainly not a long-term solution. All parties must immediately resume negotiations on a final budget package that makes needed investments in our children.

“The compromise budget that legislative leaders and the Governor agreed to several weeks ago is not perfect – but it is an important step in the right direction. Pennsylvania has the largest funding gap in the nation between rich and poor school districts, and its state share of public education funding is among the lowest in the country. The proposed compromise budget would begin to fund a bipartisan funding formula designed to address these historic inequities and entrenched funding inadequacies. It would also begin to provide schools with much-needed resources and help ensure that all children have access to a quality education no matter where they live.

“We urge our state policymakers to come back to the table and pass an adequate budget to support our schools. We must ensure that every child in Pennsylvania has the tools necessary to succeed, and that can only happen with a budget that reflects Pennsylvanians’ priorities and puts children first.”

# # #

The Education Law Center is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality education. Through litigation, information, and advocacy, we advance the rights of vulnerable children of color, in poverty, in foster care, homeless or with disabilities, and English language learners. We are leaders in the statewide Fight for Fair Funding for all schools, Ensuring Equal Access to education for all children, and Dismantling the School-to-Prison Pipeline that pushes young people out of school and into the criminal justice system.

Learn more: www.elc-pa.org | @edlawcenterpa | facebook 

Education Law Center Issues Statement on Budget Impasse

Education Law Center Issues Statement on Budget Impasse

FOR IMMEDIATE RELEASE

December 23, 2015

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement concerning the current budget impasse:

“The children of Pennsylvania deserve a budget that invests in them and their future. We are disappointed that the Pennsylvania House deserted the previously agreed to budget framework that would have invested critical new dollars in schools across Pennsylvania. The inadequate budget just passed by the Pennsylvania Senate walks away from our moral and legal obligations to our children and doesn’t reflect our state’s values. It reinforces unacceptable inequities in our schools and continues to shortchange children. The Governor should veto it. Every student deserves access to a nurse, a librarian, updated textbooks, and school counselors. This budget doesn’t provide hundreds of thousands of children with even these basics. We call on the House and Senate to return immediately to Harrisburg and pass a budget that restores cuts to our schools and provides every child with the opportunity to learn and reach their full potential. Children across our Commonwealth are waiting for real solutions and must no longer be held hostage by gridlock in Harrisburg.”

# # #

The Education Law Center – PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. ELC works to ensure that all children in Pennsylvania have access to a quality public education, including poor children, children of color, children with disabilities, children in the foster care and juvenile justice systems, English language learners, and other vulnerable children.

Learn more: www.elc-pa.org | @edlawcenterpa | facebook

Support Proposed Higher Ed Act: Open Doors for Youth in Foster Care and Those Experiencing Homelessness

ELC advocates for older youth in foster care and those experiencing homelessness who face significant hurdles to accessing higher education and staying in college. As a result of these barriers, less than 3% of foster youth earn a college degree. But a new proposed law would make a huge difference to support these vulnerable youth. Learn about how the legislation will help foster and homeless youth access higher education by downloading this whitepaper.

ELC urges you to support the Higher Education Access and Success for Homeless and Foster Youth Act of 2015 (S. 2267/H.R. 4043). This law would help improve access to higher education for foster and homeless youth by ensuring that they have the support and financial aid they desperately need to help them graduate from college. Notably, the law includes a provision that would require colleges and universities to develop a plan to help homeless and foster youth access housing between semesters – which is a huge issue for these youth.

The law would also remove barriers and make college more affordable for homeless and foster youth by:

  • Clarifying which homeless young adults can be considered independent students to get the full financial aid they need;
  • Streamlining the FAFSA questions for homeless and foster youth;
  • Easing the verification and determination process for homeless youth; and 
  • Providing homeless and foster youth with in-state tuition rates to minimize the impact of their mobility and reduce barriers to college attendance

The law also supports homeless and foster youth with college retention, success, and completion by:

  • Designating single points of contact at institutions of higher education to assist homeless and foster youth to access and complete higher education, and other resources; and
  • Ensuring college access programs collaborate with child welfare agencies, homeless service providers, and school districts to identify, conduct outreach to, and recruit homeless and foster youth to tell them about opportunities for higher education and training.

What can you do to help? Call your Representative and Senators and urge them to co-sponsor or support the bill. You can look up your Represenentative and Senators here.

 

 

What parents of special ed and ELL students should know about testing (Interview)

An interview with Maura McInerney of the Education Law Center

Dec. 15, 2015 – Philadelphia Public School Notebook – by Brianna Spause

The Notebook interviewed Maura McInerney, senior staff attorney for the Education Law Center, in November about what parents need to know regarding testing of special education students and English Language Learners. A shorter version of this interview appears in our Dec. 2015-Jan. 2016 print edition.

 

Notebook: What do parents of English Language Learners and Special Education students need to know regarding standardized testing?

Maura McInerney: For both sets of parents, it’s important for them to know what their rights are. Students with disabilities and English language learners [ELLs] are entitled to accommodations on standardized tests. It’s important to discuss these issues with their schools well in advance of when the testing is taking place.

For students with disabilities, the decision of what accommodations will be provided is made by the [Individualized Education Program] IEP team. That includes whether the child will take the test or not, and what type of test the child will take. For example, there’s a PSSA, but there’s also something called the PASA, which is available for students with disabilities.

In the context of the IEP plan, there is a set of decisions about accommodations in respect to the testing itself and what will the environment look like for that student. There are many different types of accommodations.

Many students with disabilities get minimal accommodations. The most popular one is probably extended time – when in fact, they have a right to many more. They can have the test read to them. Instead of writing answers, it can be audio- or videotaped. Those issues need to be discussed with families.

With students who are ELL, many times the issue of accommodating standardized tests doesn’t even arise. You don’t have that meeting as you would with an IEP team to discuss it. Those issues need to be raised with the student’s teacher – particularly with the English as a Second Language teacher, who often knows the children very well.

For ELLs, allowable accommodations, for example, are qualified interpreters and sight translators for the Math PSSA and the Keystone Algebra I and the science tests – both the PSSA and the Biology.

Unfortunately, due to budget cuts in the School District, accommodations are rarely available. Often, it doesn’t come up.

All of these accommodations are voluntary, none of them are mandatory for ELL.  In other words, while providing accommodations for ELLs is mandatory, the specific type of modification to be provided is left to the discretion of schools.  It’s a significant issue that needs to be raised with families.

For children who have chronic conditions like diabetes or asthma, they are also entitled to accommodations in testing.

 

Notebook: What are some of the challenges ELL and special ed students face when taking these tests?

McInerney: I think that the most common challenge that I hear is the anxiety that it causes for children with emotional support needs or children who are ELL. I know that some ESOL [English as a Second Language] teachers have said that it can sometimes erode the child’s trust to be given this exam. They may not be able to do it [or] feel like a failure. It sometimes can undermine their trust in the system and their trust in the teacher, which is obviously something we want to sure up.

Some challenges [with special ed students] can be addressed by ensuring that IEP teams are discussing the options that are available and in place. I think it’s a matter of expanding the accommodations for children who are ELL, and quite honestly, I would consider different testing for them and to have the input of teachers in developing those tests.

ELL students are tested in their 7th-or 8th-grade class. These children, especially if this is their first year of ESOL instruction, are used to being with their ESOL teachers. They have more of a trust relationship with that person. One of the things that would be helpful [is] if they could be tested in that environment. If they have a teacher there that can assist them that might be a less anxiety producing experience for them.

It’s also the fact that we test kids who may have just come into this country. If they come after April 11, they will be tested in reading,  math, science, with absolutely no English language at all; no proficiency level.

 

Notebook: How well are these students performing on standardized exams?

McInerney: We know that almost 65 percent of ELL in Philadelphia scored below basic on the PSSA. Actually 69.12 percent of students who receive special education services score below basic. A lot of instructors have said that it doesn’t really make sense for them to take some of these tests because they also have to take the ACCESS tests which measure proficiency in language. The ACCESS tests cover four content areas of social studies, science, math and English. They look at listening, speaking, reading and writing proficiency across those domains and content areas.There’s a lot of problems with the ACCESS test but those are the proficiency tests that they take.

In addition, they are also taking the PSSAs and the Keystones. There are certainly benefits to having at-risk student populations take standardized tests because we want to ensure accountability. We want to ensure that schools are paying attention to these populations, knowing what their reading and math level is. I know from participating in IEP meetings that I certainly use that gauge to say, are they making progress towards their goals?

The important thing is to provide effective and individualized accommodations for many of these students. For example, if you have an ELL who has just come to this country, is at the beginning level, this child is asked to take a test in a language that they don’t know at all. Although they are allowed to essentially wait a year to take the reading test they are required to take the science [and] mathematics tests. In those instances, that child is sitting in a classroom that is providing instruction in English, and they are just learning the language. The idea that they would be able to do well on these tests is really quite astounding.

I think that we need to take a look at who is being tested [and] at what level does it make sense, especially with respect to the beginners and those who are just entering. And then, are those children getting the accommodations they need in order to get an accurate sense of whether they’re learning the material.

 

Notebook: What challenges does using the Keystone exams as a graduation requirement present to ELL and special ed students?

McInerney: It’s a huge obstacle [because] once we impose it as a high-stakes test, every child has to pass it. There are varied options to the Keystones. There is a project-based option, but that is also a standardized test. It is not that different than the Keystone exam. We believe in accountability and we think it is very important to ensure that students who are graduating from high school have learned what they need to go on to higher ed and to participate in the work force. Those are very important goals that we want to highlight. However, if we are going to impose these Keystone exams, we need to provide sufficient resources for our students to pass them.

If we are imposing high stakes tests, we need to ensure that there are interpreters and translators, that there is sufficient instruction time to ESOL students, which is a huge issue in the School District right now. We now have the bare-bones schools in many instances that are not able to provide the resources to bring these very at-risk students up to where they need to be. I think to test them in a system where you haven’t provided adequate resources to enable them to graduate is a huge problem.

 

Notebook: Do you think that using standardized tests is an effective way to measure the academic progress of these students?

McInerney: I think that with respect to some students, it can be a good, accurate, objective measure, but for students who really don’t receive the accommodations they need, who don’t have an individualized plan for how they’re going to take these tests, I think that is sometimes is not an accurate measure.

I have difficulty saying that for all children with disabilities, it’s not accurate. I think for some students it is and for other students, it’s not. I think it depends on how the test is administered. There are cohorts of students for whom particular standardized tests are not appropriate. For certain students who may have disabilities there may be certain tests that do not make sense for them to take the test. That’s a decision that needs to be made by the IEP team.

We certainly encourage as much information as we can gather about at-risk populations because we know that having that objective measure is important to make sure we’re not being left behind. There are different ways to look at that issue and to ensure that we have some objective measure of how they’re doing. We want to ensure accountability, but we really need to take a step back and look at the way that we’re doing it. At the current time, we have a one-size-fits-all universal approach that I don’t think is valid for all students.

 

Notebook: What measures do you think the the state could take to make sure that the testing is fair to ELL and Special Ed students?

McInerney: In both instances, and with respect to ELL, there are no mandatory accommodations at all for these students. I think that is something we need to look at. In addition, I think that we need to look at whether this test makes sense for all ELL students. I think we need to take a step back and critically analyze whether it makes sense to give it to all students in the same way. I think that for some students it does not make sense. Right now we have very vague accommodations that are available to ELLs. Everywhere you look it says all of this is voluntary, none of this is mandatory. I think we’re putting all ELL students at a distinct disadvantage.

In addition, we have a deeper problem that we have very little state standards embedded in law with respects to what ELL students are entitled to. We don’t state the minimum level of ESOL instruction that should be provided, where other states do. We shouldn’t just be looking at standardized testing in a vacuum, we should look at it in the broader view of what kind of education are we providing to our students. I think that certainly the state needs to look very  critically at whether they are providing the right test to the right students with adequate and individualized accommodations available to all.

It’s a matter of funding sometimes. In a high wealth school district, they may have accommodations that are simply not available to students in the School District of Philadelphia for whom that standardized test may have a more dire consequence. I think with children with disabilities it’s similar. There needs to be more guidance with respect to what accommodations should be made to certain students.

 

Brianna Spause is an intern at the Notebook.

President Obama Reauthorizes ESEA, Affording Groundbreaking Provisions for Children in the Foster Care and Juvenile Justice Systems

The following is a joint press release for immediate release by Juvenile Law Center, National Center for Youth Law, Education Law Center of Pennsylvania, and American Bar Association.

Contact:
Katherine Burdick, Juvenile Law Center   215-625-0551
Jesse Hahnel, National Center for Youth Law   510-835-8098 x 3003
Maura McInerney, Education Law Center of PA   215-238-6970  x 316
Priscilla Totten, American Bar Association   202-662-1094

Washington, DC (December 10, 2015)President Obama today signed into law the Every Student Succeeds Act (ESSA), which is the reauthorization of the Elementary and Secondary Education Act (ESEA), a key federal law governing education, originally signed into law in 1965 and last reauthorized as No Child Left Behind in 2002. The ESSA is the first major overhaul of federal education law in over a decade. Among many new provisions, the law now requires states to ensure certain protections for vulnerable youth in the foster care and juvenile justice systems.

“Children in foster care are often forced to change schools multiple times, disrupting important relationships and derailing children’s educations. The new provisions in ESSA are an important advance in ensuring school stability and academic success for students in foster care, and we look forward to supporting schools and child welfare agencies to ensure smooth implementation,” said Kathleen McNaught of the ABA Center on Children and the Law, who leads the Legal Center for Foster Care and Education.

The Legal Center, a collaborative project between the ABA, Juvenile Law Center and Education Law Center of Pennsylvania, along with the National Center for Youth Law and other members of the National Working Group on Foster Care and Education, have worked for years to educate members of Congress on the unique challenges faced by children in the foster care system.

“Eliminating enrollment delays and ensuring school stability make profound differences for students in foster care. Research shows that even one fewer placement change doubles the likelihood that students in foster care will graduate high school,” said Senior Staff Attorney Maura McInerney at Education Law Center of Pennsylvania.

Although states and districts will be grappling with implementation of ESSA’s many new provisions, the protections for youth in foster care hold great promise. The newly enacted ESSA is expected to reduce disruptions in education for youth in foster care and provide them with greater school stability, continuity and success through a number of provisions, including:

  • Allowing youth in foster care to remain in the same school even when their foster home placements are changed
  • Requiring schools to immediately enroll children in foster care after a school move
  • Requiring points of contact in every state education agency as well as many school districts
  • Requiring planning for school transportation for youth in care
  • Tracking achievement data for youth in care

“Numerous studies have found the educational outcomes of students in foster care to be tragically poor,” said Jesse Hahnel, Executive Director of the National Center for Youth Law. “Disaggregating foster student data will allow the public and policymakers to understand and respond to the student achievement needs of foster youth in a systemic way.”

By requiring the disaggregation of achievement data for various sub-groups including foster youth, African-Americans, English Learners and Special Needs students, school districts and states will be able to see important trends in achievement and use limited resources where they are needed most. Including foster youth as a subgroup will document and make public, for the first time, the extent of the achievement gap for youth in foster care.

The law also affords significant protections for youth in the juvenile justice system. “Youth involved with the juvenile justice system are also at a high risk for academic failure,” said Katherine Burdick, Staff Attorney at Juvenile Law Center. “These students are often struggling with family issues, mental health issues, substance abuse, or abuse and neglect. If we really want these students to succeed, we need to remove the barriers to academic success, not make it more difficult for them.”

New ESSA provisions will improve the rates of success for youth being rehabilitated in the juvenile justice system. Under the new ESSA, states receiving Title 1 Part D funding (funding for prevention and intervention programs for children and youth who are neglected, delinquent or at risk) must provide protections, including:

  • Providing better planning and coordination of education between facilities and local districts
  • Supporting reentry to the community for youth returning from juvenile justice placements, including timely re-enrollment in appropriate educational placements
  • Creating opportunities to earn credits in secondary, postsecondary, or career/technical programming
  • Requiring transfer of secondary credits to the home school district upon reentry
  • Prioritizing attainment of a regular high school diploma

The National Center for Youth Law and the Legal Center for Foster Care and Education (a collaboration of the American Bar Association Center on Children and the Law, Juvenile Law Center, and Education Law Center of Pennsylvania) look forward to working with states to implement these new provisions.

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The National Center for Youth Law (NCYL) is a national non-profit organization that has been working for more than four decades to improve the lives of poor children. For more information visit youthlaw.org or follow on Twitter@NCYLNews.

The Legal Center for Foster Care and Education is a national collaboration between the American Bar Association Center on Children and the Law, Education Law Center and Juvenile Law Center designed to provide a strong national voice for the education of children in foster care and a national clearinghouse for information on foster care and education.  For more information visit fostercareandeducation.org or follow on Twitter @FosterEdSuccess.

Juvenile Law Center is the world’s oldest non-profit, public interest law firm for children, working to advance the rights and well-being of youth in the justice and foster care systems. For more information visit jlc.org or follow on Twitter @JuvLaw1975.

Education Law Center of Pennsylvania works to ensure that all children have access to a quality public education, including poor children, children of color, children with disabilities, children in the foster care and juvenile justice systems, English language learners, and other vulnerable children. For more information visit elc-pa.org or follow on Twitter @edlawcenterpa.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

Zero Tolerance for Zero Tolerance

Zero Tolerance For Zero Tolerance

Education Law Center Statement on the Every Student Succeeds Act

FOR IMMEDIATE RELEASE

December 4, 2015

Contact: Ian Gavigan, Education Law Center-PA, 267-825-7713, [email protected]

Education Law Center Statement on the Every Student Succeeds Act

“Since its passage in 1965, the Elementary and Secondary Education Act (ESEA) has been a critically important federal law for ensuring educational equity and protecting the civil rights of the most at-risk students. In several ways the proposed reauthorization, the Every Student Succeeds Act (ESSA), represents an improvement over existing legislation and reaffirms the ESEA’s crucial mission ‘to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education.’ However, the current bill could do much more to protect the rights of the country’s most vulnerable students,” said Deborah Gordon Klehr, executive director of the Education Law Center. Continue reading

Parents, school districts urge courts to intervene in school funding crisis

December 1, 2015

Parents, school districts urge courts to intervene in school funding crisis

Harrisburg, Pa. –Parents and school districts challenging Pennsylvania’s school funding system told the state Supreme Court Monday that it should decide the case on the merits and reject the state’s plea to toss the case because of its complexity and difficulty. In a reply brief filed Monday the petitioners defended their position that the courts can and must examine claims that the state is failing its constitutional obligations to adequately fund “a thorough and efficient system of public education” in a manner which does not discriminate against low-wealth districts. Continue reading