Delaware DOE & Red Clay Respond To ACLU Complaint, What Happens Next, & My Demand From Delaware

In an article by the Hockessin Community News, both the Delaware Department of Education and the Red Clay Consolidated School District responded to the announcement yesterday of a complaint by the American Civil Liberties Union and Community Legal Aid, Inc. submitted to the Office of Civil Rights regarding charter school discrimination against minorities, low-income students and special needs children.

The Delaware DOE’s response:

“We are committed to providing access to great educational opportunities for every Delaware student, from birth through higher education, and we are proud of the academic progress our low-income students and children of color have made in recent years, including by closing the gap between minority and non-minority students,” said Alison May, press spokesperson for the Delaware DOE.

May said that the state’s efforts to expand access has doubled the number of low-income children in “high-quality” early childhood programs, and has helped 100 percent of the state’s college-ready students apply to college regardless of their income.

“We will continue to expand and accelerate our efforts to make great education a reality for all of our students,” she said.

Red Clay’s response:

Red Clay Public Information Officer Pati Nash said that the district is now and always has been committed to the principles of diversity and inclusion in their schools.

“We will continue to be guided by those principles,” Nash said. “And continue providing an excellent education to our students and the community we serve.”

Newcastle Councilman of the 10th District Jea Street said:

“This is not only a New Castle County problem – this is statewide,” Street said, now in his 41st year as a student advocate. He later added, “I support this and I appreciate this (complaint).”

The article went on to explain what will happen next. The complaint has been issued to the United States Office of Civil Rights and the US Department of Education. This is not something that will be handled out of the regional Office of Civil Rights out of Philadelphia. An investigation will be done to see if the complaint has merit, which the legal director of the Delaware ACLU, Richard Morse, believes will happen.

A declaration on the complaint was submitted by Eve Buckley. Buckley resides in Newark, DE and is a history professor at University of Delaware. In the declaration Buckley compared Newark Charter School’s enrollment preference to those of private schools, which are not beholden to many laws due to private funding and the fact they receive no state or federal funds for their operations. Charter schools do receive federal and state funds, so any laws applicable to the regular public school districts apply to charter schools as well.

On Facebook and other forums, many citizens of Delaware have gone back and forth on the issue. Some feel it is something that should have happened years ago while others want the status quo. Many others blame the whole situation with bussing around Wilmington as the chief contributor of the problem. Unfortunately, some comments have been racist and discriminatory.

I find the Delaware DOE’s response to be typical, but very weak. To cite examples of pre-school children and juniors and seniors in high school on how they promote equity is ignoring the main victims of this complaint, all the students in-between. Once again, the Delaware DOE takes an opportunity to proudly announce how the gap is being reduced between these sub-groups and “regular” students based on standardized testing scores. The Delaware DOE, in my opinion, has been blissfully ignorant of everything else happening in schools unless it is related to education reform policies. They have allowed this to happen by essentially doing nothing about it. There are many other factors contributing to this, but the DOE could have done something about it as the state agency for education.

What I find very surprising is how this is just a charter school issue. There are other schools that have some of these same practices. Polytech, in Kent County, is just one example. Some online have said the magnet schools and vocational schools in Delaware have used enrollment preference in their applications as well. Yes, the charters are the primary target in this complaint, but in my opinion, ANY school that uses any type of discriminatory practices to weed out any sub-group in the surrounding community is just as guilty.

I take grave offense to the treatment of the special needs children in this state. If they aren’t denied entrance to a charter school, many are denied the special education services that should be given to them under Federal law. I have brought up this topic at just about every IEP Task Force meeting to be a topic in the report to Governor Markell. I met with Mary Ann Mieczkowski, the director of the Exceptional Children’s Resources Group at the Delaware DOE last summer, and her response to why the Delaware DOE does not audit schools for denied IEPs is because the “due process system is more than fair.”

It wasn’t until last night at the IEP Task Force that a member actually brought it up. Bill Doolittle, representing the Governor’s Advisory Council of Exceptional Citizens, stated that if the task force is reviewing the entire IEP process, and evaluations are an integral part of the discovery phase of an IEP request, then an IEP denial should absolutely be included in the conversation. It is too late for this to go into Governor Markell’s report due January 1st, but if the IEP Task Force continues past January (which Lieutenant Governor/soon to be Attorney General Matt Denn said is “highly” likely), it may come up as a topic. If nothing is done about IEP denials being audited in the state of Delaware very soon, I will be submitting my own complaint to both the US Office of Civil Rights as well as the US Department of Education. Enough is enough. Far too many students and their families have suffered as a result of an IEP denial. Far too many students who did not receive services at a young age when they should have end up spending time in residential treatment centers because of this practice. How many tears have to be shed? How many families have to be torn apart before this DOE acts? If they don’t act, I will.

Read more: http://www.hockessincommunitynews.com/article/20141203/News/141209902#ixzz3Kz1CeiWP

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