Which districts and charters saw big jumps with student enrollment? Which went down? What is the state of special education in Delaware? What key demographic is rising at a fast rate which contributes significantly to the budget woes in our state? Which charter school, based on their current enrollment, should no longer be considered financially viable and should be shut down? What is the fastest-growing sub-groups in Delaware? And which cherry-picking charters continue to not serve certain populations? Continue reading “Enrollment Count Report for 2017-2018 & Demographic Information For Districts & Charters: The Rise, The Surge, & The Cherry-Picking!”
Yesterday morning, I read a Facebook post on a friend’s feed. She didn’t write it. It is one of those “copy and paste” things on Facebook. I usually tend to ignore them, but this one tugged at my heartstrings. I felt obligated to put it down here, on this blog. Because this teacher reminded anyone who read this what is truly special about special education.
I don’t remember the exact moment my life was changed by someone with a disability. The memories seem far away, blurry, as if they don’t belong to me. But this is what happens after you’ve been working with people with disabilities for years. You change.
They don’t tell you that when you’re filling out your application. Instead, they tell you about the hours, the health benefits, the 401(k) plan, the programs and the strategies. But they don’t tell you about the fact if you do it right, you’ll never be the same.
They don’t tell you it will be the most amazing job you’ve ever had. On other days, it can be the worst. They can’t describe on paper the emotional toll it will take on you. They can’t tell you there may come a time where you find you’re more comfortable surrounded by people with developmental disabilities than you are with the general population. They don’t tell you you’ll come to love them, and there will be days when you feel more at home when you’re at work than when you’re at home, sitting on your couch. But it happens.
They don’t tell you about the negative reactions you may face when you’re out in the community with someone with a disability. That there are people on this earth who still think it’s OK to say the R-word. That people stare. Adults will stare. You will want to say something, anything, to these people to make them see. But at the end of the day, your hands will be tied because some things, as you learn quickly, can’t be explained with something as simple as words. They can only be felt. And most of the time, until someone has had their own experience with someone with a developmental disability, they just won’t understand.
They train you in CPR and first aid, but they can’t tell you what it feels like to have to use it. They don’t tell you what it is like to learn someone is sick and nothing can be done. They can’t explain the way it feels when you work with someone for years and then one day they die.
They can’t explain the bond direct service personnel develop with the people they are supporting. I know what it’s like to have a conversation with someone who has been labeled non-verbal or low-functioning. After working with someone for awhile, you develop a bond so strong they can just give you a look and you know exactly what it means, what they want and what they’re feeling. And most of the time, all it boils down to is they want to be heard, listened to and included. Loved.
When you apply for this job, they do tell you you’ll be working to teach life skills. But what they don’t tell you is while you’re teaching someone, they’ll also be teaching you. They have taught me it’s OK to forgive myself when I have a bad day. There’s always tomorrow and a mess-up here and there doesn’t mean it’s the end of the world. They have taught me to slow down, to ponder, to take the time to just look around and take in this beautiful world and all of the simple joys we are blessed to encounter every day.
So when did I change? I realize now there wasn’t one pivotal moment. Instead, it was a million little moments, each important in their own way, that when added together changed me. And I’m grateful for each one.
I would love to know who the original author is. I would shake their hand in a heartbeat!
Tonight, Rob Petree with 105.9 wrote an article about a Seaford School District parent who is claiming a teacher took unnecessary physical measures against her child with Asperger’s Syndrome, which is on the Autism spectrum. The mother explained what happened. When the student was told he could not go to the office when he became upset over not finding his writing journal, the mother claims the teacher took things a bit too far:
“My son said the teacher went so far as to stand in front of the door and block the door and not let him out. The teacher told him to get back in his seat, and he said ‘no I want to go to the office,’ and the teacher told him ‘no get in your seat or I’m going to put you in your seat,’ and Landon once again said no he wanted to go to the office, so the teacher grabbed him by his arm, picked him up, carried him across the room and slammed him down in his chair. Landon said he then got back up out of his chair and tried to go out the door again and the teacher wouldn’t let him out of the door. So he went over and sat down in the chair at the round table near the door, and the teacher again was telling him to get up and go get back in his seat and Landon refused. The teacher went over to try to grab ahold of Landon and Landon got upset, jumped up out of the chair, and grabbed the back of the chair and slammed the chair into the floor, trying to get around the teacher to get out the door. He said at that point the teacher said ‘I’ve had enough of this,’ and grabbed him up by his arm and physically carried him out of the door of the classroom, banging his forehead into the metal door facing in the process, and Landon said at that point as soon as the teacher sat him down in the hallway he ran straight to the office, and that’s when he called me.”
Even more alarming is the Seaford Middle School Principal’s response to her when she asked to see the video of the incident:
Today, I had a meeting with the Middle School Principal and basically what they told me today was that the teacher said that he asked Landon to leave several times and Landon wouldn’t leave the room, and that Landon was throwing pens, pencils, chairs and desks, and that they seen this on video; however, no one was able to produce any video to me showing my son behaving the way they said he behaved. I honestly, truly believe my son, and I believe this teacher is doing nothing but trying to protect himself and the school the same way. I cleaned my son’s locker out today, and he’s not going back to that school as long as that teacher is there.
This is unacceptable. I found out today the same thing happened to the parents of the child who was assaulted last week at Caesar Rodney High School. The district refused to release surveillance footage that captured the incident (and I will have more to say on that whole thing that hasn’t been made public yet). I tagged tons of our state legislators on my Facebook page with a link to the 105.9 article asking for legislation that would demand schools release video to parents whenever their child is harmed in any possible way.
The district will not respond to any of this. They will shut up unless they have to fire the teacher. People ask me why I write so much about bad stuff happening in our schools instead of the good. Sorry, this kind of crap outrages me. You can have many great things happening in schools, but this is what folks remember and talk about. This is a travesty. Even if this teacher used proper restraint and seclusion practices as dictated by state law, the district should still release the video to the parent. Instead, they are covering their asses.
A former board member for a district did tell me that video like this is released to the police department. They will review it and eventually it would be shared with the parent(s). I explained that the video could help a parent understand what happened. It could be necessary for them to see it so the parent can seek sufficient medical or counseling treatment for their child.
I wrote an article last year on the Delaware Dept. of Education’s annual Restraint & Seclusion report. Seaford Middle School had 13 incidents of restraint in the 2015-2016 school year. Compared to Milford’s middle school which had 1. In Seaford, they had 38 incidents of restraint affecting 21 students. But if this situation played out anywhere close to what the mother is claiming, this was no ordinary restraint. If it went down how she said it did, this teacher should face criminal charges for assault. Dealing with special education students can be challenging for teachers and parents. But if you don’t have the proper training required to take action like this, you should do nothing and contact someone who can help. Sadly, for this student, it will be a day he will never forget.
I don’t care where a video is: cafeteria, classroom, bus, hallway or anywhere on school property. If a parent asks to see it, you show it to them, no questions asked. The act of withholding something like that immediately sends red flags up with parents. Or saying you have it but then you don’t. You reap what you sow with that kind of logic. In the case of the Family Educational Records Protection Act (FERPA), that applies to educational records. If a parent requests records on their child, the school is obligated to produce it. But is surveillance video considered an educational record? That will be the argument here. But I don’t care. If a kid gets hurt, you do the right thing and show the parent. Cause it could mean the difference between a parent deciding whether or not to sue the district.
This should NOT happen in our schools. Tonight, I am very pissed off. At this. At Caesar Rodney. At other districts where I am trying to help parents navigate through special education issues with schools. So much of what I help parents with are things every school should know by now. Districts and charters complain all the time about getting sued so much and the “predatory” law firms. Guess what? The very act of protecting yourself is usually what gets you sued. How does that work out for you?
Updated, 9:50pm: A big thank you to special education advocate Devon Hynson for providing a link to what FERPA says about surveillance videos-
Schools are increasingly using security cameras as a tool to monitor and improve student safety. Images of students captured on security videotapes that are maintained by the school’s law enforcement unit are not considered education records under FERPA. Accordingly, these videotapes may be shared with parents of students whose images are on the video and with outside law enforcement authorities, as appropriate. Schools that do not have a designated law enforcement unit might consider designating an employee to serve as the “law enforcement unit” in order to maintain the security camera and determine the appropriate circumstances in which the school would disclose recorded images.
In light of the recent video showing a student attacking another student in Caesar Rodney High School, many folks seem very confused about what the word disability means. Many think a disability has to be visual, such as a person in a wheelchair. That is hardly the case with the legal definition of the word. The Americans with Disabilities Act is very clear about what the word means:
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
In the case of special education, disability is just the umbrella word for any number of medical disabilities. A student could have ADHD, be blind, have Autism, or any number of different classifications. To qualify for special education, whether it is an IEP or a 504 plan, the school will want to see a medical diagnosis by a certified physician.
To be crystal clear, the child who was punched in the head in the video taken in the Caesar Rodney High School cafeteria, has a disability. Just because you can’t physically see that disability doesn’t mean he doesn’t have one. Some took offense to WDEL, this blog, and other media using the word disabled in the title. Some have gone so far to say this child is not disabled. He is.
Some have said words said caused the other student to attack him. No, what caused the other student to attack him was a choice. A choice to take it to the next level. A level he got arrested for. On social media, someone asked me what I would do if they verbally attacked me repeatedly at my job. I proudly said I would not physically attack him. I would report it and would even record him in areas where I could. It isn’t worth the consequence, no matter how upset I might be by words, to ruin my life. That is something most grown adults should understand. But for teenagers in a high school cafeteria, among their peers, it is a different world. Did the student who attacked the other student have the necessary ability to understand that if he followed through with the thought to resort to violence that there would be very real consequences? Is it defending yourself if you go from words to that level? I don’t believe it is. Because the next defense after that could very well take place in a court of law.
We can talk about the failure of adults all day long, but the heart of this issue is making choices. I’ve made choices in my life that have had consequences. We all have. It’s what makes us grow, learn, and hopefully, evolve. I choose not to let words said by others put me in a position where I have more to lose than gain. It’s that simple.
I would urge people not to toss the word disability around like it is a visual thing. Most disabilities are neurological. Those that come from the mind. They can’t be seen by others unless it manifests physically. We can’t see anger in someone’s heart. We can’t see depression. We can’t see an obsessive need to want something. These are very real afflictions affecting the disabled across the world. I advocate as much as I humanly can for the disabled because very often, they don’t have a voice of their own. Many parents of the disabled sacrifice so much of their lives advocating for their disabled child.
What has made this situation very controversial are issues of race. Some have alleged online that the other student used discriminatory words to the student that attacked him. The school, according to the student’s advocate Diane Eastburn, did not find that to be the case based on first-hand witnesses present before and during the attack. I’ve heard many parents say their child was in the cafeteria. If any of those words were said, I certainly don’t condone them. But I don’t believe they were. What we have here are circumstances that led to a very difficult week for Caesar Rodney School District. Parents wrestled with wanting their child to even attend the school. The district played damage control by only allowing comments of support on their Facebook page and deleting the rest. People across Delaware saw an employee arrested for sexting a student, a picture of the high school mascot holding a sign with the worst possible racial language, and then the video of this fight came out on WDEL.
What kind of message are we sending to our children that if someone uses words against you it is okay to physically attack them? Are we really preparing them for the day when we can’t protect them and they get thrown in jail? As parents or guardians, we want our children to be safe in our schools. We don’t want them to be bullied and we certainly don’t want them to be attacked. We expect the adults in the school to be able to take control of a situation as soon as possible because we put our trust in them to do the job when we can’t be there. We don’t care about official training that has to take place. We expect that training to happen before our kid is seen in a video getting punched repeatedly in the back of the head. We also expect that if our child goes to an adult about any type of bullying issue, that they aren’t made out to be a victim all over again with doubting words by the school investigator.
I’ve heard many in Delaware suggest that many of the climate problems in our schools actually come from the home, from what parents teach their children. Based on comments I’ve seen in the past couple of days, I am inclined to believe that. The ends do not justify the means. Once you make that choice to use violence, you become the aggressor. The crime (and yes, punching someone repeatedly in the back of the head is a crime) becomes worse than any words said and the consequences are much greater. This is something I tell my own son.
Sometimes I don’t know what to make of the world we live in these days. Everyone seems so polarized and wants to attack others if they don’t agree. I find myself in this position often. It is as if we have been conditioned, over time, to be like this. We defend certain actions, even if they are wrong, to be able to make a point. I can’t help but think we need to be better than this. Somewhere along the way, many have equated race issues with politics. The two don’t mix. I hate hearing anyone say something to the effect of “if it was a white person doing this it would be a hate crime”. How can we ever effectively deal with the issues that divide us if we are always at each others throats? How can we help our children one day lead us if we don’t know how to do it ourselves? These are the thoughts I’m wrestling with more than I would like in 2017. I meandered a bit from the original purpose of this article, and that’s okay.
We need to celebrate our differences, not use them as points in an argument. No matter what color we are, what disability we may or may not have, no matter what God we choose to believe in or not, no matter how we choose to love others. We are all in this together, this human race. We are more than Democrat. We are more than Republican. This is our world. We can get along. And we should all try to help those who can’t help themselves.
I’ve heard from several sources that the fight in the cafeteria where a disabled student was pummeled could have been prevented had district staff or administration intervened. These same sources revealed that district staff come over to the high school to eat in the very nice cafeteria. On Tuesday, district staff were present during the fight, including Superintendent Dr. Kevin Fitzgerald. The reason no one tries to break up a fight? Because they are not allowed to if they have not received restraint training.
It would be one thing if this were indeed a “rare” situation, as described by Fitzgerald in his announcement about the fight today. But I’m hearing there have been several fights. Another recent one had the same scenario- a girl gets beaten up, no one breaks it up, and the school calls the parent to tell them to pick their child up and she may need medical attention. I’m sorry, but if the school or district refuses to get the training needed to properly break up a fight, then they should incur the medical expenses for a student when they fail to prevent it or act once it starts.
In terms of the beating the disabled child took, some have gone online suggesting the disabled child used the “n” word against the other student. But Diane Eastburn, the child’s advocate, said there were allegations tossed around but the school found through their investigations those allegations were false. Those comments appeared on the WDEL article that broke this story. Many have asked why the student who beat the child wasn’t expelled. Any school expulsion has to go through a school board. A school may suspend a student until the school board convenes to vote on that action item, but the school cannot expel a student. The student was arrested as per Fitzgerald’s statement today.
I have serious concerns with Fitzgerald putting in words that “The District will continue to work hard to insure the safety of our students.” How is it working hard if staff and administration don’t have the means to break up a fight? That cafeteria was filled with adults according to several sources. But in the video not one of them came over to the scene in the 30 seconds the fight took place. The high school does have a School Resource Officer, but the school cannot and should not rely on one person to break up a fight. It is a logistical nightmare. What comfort does this give to the parents of the beaten child? If I were them, I would see that as a slap in the face. Because their child needed medical attention while the adults watched.
This district has been in the spotlight this week, and not in a good way. I’ve written about Caesar Rodney School District more this week than I have my entire time blogging. And I’ve done this for well over three years now. One source, who wished to remain anonymous for fear of retaliation, said “This isn’t anything new. It is just boiling to the surface now.” Once you let the genie out of the bottle…
Delaware’s legislators have to find a way to make discipline issues more uniform throughout the state. They have to make sure there are proper methods for interventions before events like this erupt all over the news. It was a year and a half ago that Amy Joyner Francis was brutally murdered in a high school bathroom. We don’t need a repeat of that again. Fights will happen but I can’t help but think this district and our state could be doing a hell of a lot more to prevent them or act when they do.
In a week where Caesar Rodney has been inundated with bad news, from the custodian at Charlton sending explicit texts to a minor, to the Rider Mascot racial slur, and this fight, it is clear this district needs to think very carefully about what kind of message they are sending to parents. Their Board of Education needs to take a very clear look at these situations and not just brush them off. They need to come up with strategies and policies to tackle this in the best interests of students.
Many parents are wondering what is happening to students. Fights are getting more vicious. Racial tensions are building up in our state. But we have far too many adults in charge who seem oblivious to the realities on the ground. People are very sensitive today and our schools and leaders have to recognize this. They must come up with better ways to help students deal with our world. We can no longer let local control dictate what happens with school climate. We must have uniform policies, training, and resources in every single public school in this state. Parents or guardians must also help their children understand and cope with these issues as well. For those who say “it was like this when I was a kid”, maybe it was, but we have more resources and knowledge on how to deal with these situations now. We can’t live in bubbles. If we want to live in this world, we have to share it. And that means accepting others differences and helping others. The hate has to stop before it becomes an uncontrollable beast.
Michael Connoly, Esq., of McAndrews Law Offices, P.C. just wrote an excellent article every parent of a child with an IEP or 504 plan should read. As we send our kids back to school, it is important to know everything is in place for the continuation of your child’s special education services. New teachers or possibly a new school can bring many changes. Most public schools in Delaware start next Monday, but some started today.
Believe it or not, it’s that time of year again. Commercials on television of gleeful parents purchasing school supplies abound as we are quickly approaching the end of the summer and beginning of a new school year. While every parent of a school-aged child is going through their own pre-school-year checklist of supplies and clothes and trying to get in those last few days of sun and fun, there is another entire set of considerations to think about as a parent of a child with a disability.
The most obvious consideration is to make sure that your child’s program for the new school year is set and ready to go on the first day of school. Is your child’s IEP or 504 Plan up to date and ready to be implemented? Hopefully, your child’ IEP was updated as necessary at the end of the last school year, but if you are aware of any issues or have any concerns you should be reaching out to your school district in these last weeks of summer for any needed changes. If your child participated in Extended School Year (“ESY”) services over the summer, consider whether his ESY performance revealed any new areas of need or concern that should be addressed by the IEP before school starts.
Make sure you, and more importantly, your child, are familiar with his or her schedule and curriculum, particularly if either is changing from the previous year. A new school year often brings a lot of change and can be stressful, and at times anxiety provoking, for any student and especially for a student with special needs. Ensuring your child is comfortable with his or her schedule and classes may go a long way in easing some of the stress and anxiety that can go along with the new school year. Similarly, if your child is moving to a new building (for example, going from elementary school to middle school) or an unfamiliar area of his or her current building, an opportunity to tour the school, follow his or her schedule, and meet new teachers before the first day of school can also help reduce any new school year anxiety.
One of the most common beginning-of-the-school-year glitch involves transportation. Not being picked up by the bus, being late to school, or being picked up by the wrong bus can be a particularly traumatic event for a student with special needs (and his or her parents). If your child requires special transportation or certain supports while on the bus, you want to confirm with your school district that the necessary arrangements have been made, and that the schools transportation department/service is aware of any accommodations that your child requires.
While it’s not possible to ensure that no beginning-of-the-school-year glitch occur for your child, going through your own child’s pre-school-year check list using the above considerations should hopefully help to keep those glitches to a minimum.
by Michael Connolly, Esq. of McAndrews Law Offices, P.C.
Last night, the Red Clay Consolidated School District Board of Education voted unanimously for the district to develop an Equity Plan through their long-standing Diversity Committee. The resolution, written by board member Adriana Bohm, would charge the committee to develop the Equity Plan, which will be presented to the board by April of 2018. Many community members came out to give public comment in support of plan.
Where this gets a bit sticky is the two charter schools Red Clay authorizes, Charter School of Wilmington and Delaware Military Academy. As their authorizing agent, Red Clay can conduct their charter renewal process along with formal reviews, modifications, and other such matters. But they cannot dictate district policy to those schools and make them follow it. Both schools have substantially lower populations of racial groups the Diversity Committee would talk about. Failure to address this huge gap between the districts and those charters would ignore the inherent and not-to-be ignored problems of race in the district. Based on enrollment preferences, those schools have the tendency to pick and choose who they want based on “specific interest”.
I definitely think Bohm’s resolution is a good one. Red Clay had mixed results with their Inclusion Plan over the past few years which has prompted significant changes in the way the district handles special education. Based on 2016-2017 data, Red Clay has more minorities than white students, with the largest of those minorities being Hispanic students at around 30%. But what I don’t want to see this committee doing is basing student success on Smarter Balanced Assessment scores. I do not believe these are a valid measurement of student success in any possible way. Many in the African-American community feel these are a valid measurement since they include all students, but when the test is flawed it is not a good measurement.
To read the entire plan, please see below.
In a shocking announcement, the Delaware American Civil Liberties Union wants to sue the State of Delaware over education funding. But the announcement was not made by the ACLU but rather a Capital School District Board of Education member at their meeting last evening. Continue reading “Delaware ACLU Planning To Sue State Over Education Funding”
The United States Department of Education released their annual state determinations for special education the other day and Delaware obtained a “Meets Requirements” for indicators under IDEA Part B. For IDEA Part C, they were designated as “Needs Assistance”. Part B is for children ages 3 and up to 21, with disabilities, and Part C ranges from birth to 2 years old. I wrote last year how so many of these special education indicators are based on the state assessment: their scores and participation rate play a very heavy roll. I have neither the time or the patience to get into the nitty gritty with these determinations at a granular level. The feds don’t get it and our state doesn’t get it. I have no doubt the Delaware Department of Education will celebrate this and say “look how far we’ve come”. But since so much of this is based on the Smarter Balanced Assessment, I give it about as much legitimacy as a Mona Lisa forgery.
House Concurrent Resolution passed the Delaware Senate a short time ago with amendment by Delaware Senator to take charter schools out of the district consolidation task force’s discussion. A prior amendment in the House from State Rep. Earl Jaques included charter schools in the task force discussion. Oddly enough, Senator Bonini’s amendment didn’t remove a representative from the Delaware Charter Schools Network from the task force.
Senator David Sokola said this bill did not have to be heard in committee but felt it was an important enough topic to have that voice.
Senator Bryan Townsend expressed hope that charters would be a part of the task force’s review. He said the intent of the legislation is a coordinated school system. He recognized Delaware’s unique education system and understood the ideological discussion of Senator Colin Bonini but still felt all Delaware public schools should be part of that system.
Senator Bonini’s amendment passed with 12 yes, 8 no, and 1 absent. For the concurrent resolution, it passed with 17 yes, 3 no, and 1 absent. I imagine it will come back to the House tonight.
Senator Townsend’s Senate Concurrent Resolution #39, requesting an advisory opinion from the Justices of the Delaware Supreme Court on the efficiency of Delaware’s public school system, was defeated in the Delaware Senate with 9 yes, 10 no, 1 not voting, and 1 absent. House Bill #142, dealing with training for School Resource Officers in situations dealing with students with disabilities, passed the Senate with 20 yes and 1 no. The Kim Williams sponsored bill goes to Governor Carney for signature.
House Concurrent Resolution #34, introduced today by State Rep. Kevin Hensley and Senator Nicole Poore would look at the costs of special education in Delaware. Another task force, with the usual representation. A bunch of people sitting around a table, half of which won’t have a clue what they have jumped into. The Delaware Way. But here is the catch with this one: most of the spending going on with special education is based on federal mandate based on IDEA.
I have a hunch what some of the impetus for this is. For years, districts have been complaining about McAndrews Law Firm. Most of these cases wind up in settlements and the districts are crying foul on this. But, if the districts and charters were doing the right thing to begin with, none of these cases would get to that point. McAndrews won’t even take a case unless it has merit. They won’t take a case based on a notice of meeting not going out once or twice.
Good luck with this task force trying to figure out WHY special education placements are increasing. It doesn’t really matter why. What matters is that they are and our General Assembly better find out how to wrap their arms around it instead of ducking the issues. I can say most of the kids who lived in my neighborhood that were home one summer day in 2006 were subjected to nasty fumes coming from an accident at the old Reichhold Chemical Plant in Cheswold. They all have disabilities of one sort or another. My son is one of them. We live in a polluted state. I highly doubt this task force would look at things like that.
Are all special education placements valid? I don’t know. I know Response to Intervention is horrible. Standardized testing should never be a measurement of whether a kid needs special education. Autism rates have been soaring for over a decade now. I just hope the Delaware DOE doesn’t put a gag order on district teachers and administrators like they did with the IEP Task Force. They told districts and charters NOT to have anyone give public comment at those meetings.
Still, not one peep about giving Basic Special Education costs for kids in Kindergarten to 3rd grade. We don’t need another task force to figure out that no-brainer. If they really want to care, how about they allow our Auditor of Accounts office to FULLY audit every single penny in special education along with ALL of education. We know the money isn’t always going where it needs to. But Delaware loves their task forces to give some crappy illusion of people wanting to do the right thing. How about just following the law to begin with?
Yesterday, Delaware’s House Bill #142 was heard in the Senate Education Committee. This bill deals with training for school resource officers in relation to students with disabilities. This is a great bill! It passed the House and is now on the Senate Ready List for a full Senate vote. Delaware State Rep. Kim Williams worked extensively with Milford parent Jennifer Cinelli-Miller to get this bill going. With Jennifer’s permission, I present her public comment to the Senate Education Committee:
Good afternoon Gentlemen,
Thank you for allowing me to be here today to speak on behalf of this piece of legislation. My concern with officers being placed in our schools began in 2013, when the Milford School District, in response to the horrific events at Sandy Hook, hired School Resource Officers (SROs) for our elementary schools, including Morris Early Childhood Center. When I began my research, many issues surrounding the use of uniformed, armed officers at the elementary level became apparent. Most of these issues concerned students with special needs.
The research also showed that SROs were not being provided with appropriate training in regards to behaviors, exhibited by children with special needs which are a manifestation of their disability. These behaviors can be viewed, by the untrained eye, as behaviors that reach a level that requires law enforcement intervention. My biggest fear was that my daughter, whose Autism causes her to have very serious meltdowns, would be mistaken as a public safety risk and arrested, placed in handcuffs or worse could end up dead.
I took my research to then Lt. Gov. Matt Denn and R.L. Hughes – who was at Homeland Security at the time and was working with the school districts to identify improvements to security measures in their buildings. None of the recommendations from the Department of Homeland Security included adding officers.
The very first year with SROs in the schools in Milford brought about an incident which was by all accounts the “Perfect Storm” and ended with a child being committed to Rockford Center; strictly because he has Autism. There is nothing in this situation that the officers did that was inappropriate. There was a major breakdown in communication on the school’s part which led the SROs to be called for assistance instead of educators.
I had the honor of meeting with Rep. Williams after this incident and we set out to try to ensure that, at least in Delaware, SROs would be trained with a basic knowledge and understanding of children with disabilities. The family impacted by this incident wanted to ensure that it would never happen to another child.
This legislation will provide SROs with training and a basic knowledge of how the behaviors they may see in the schools are a manifestation of children’s disabilities and should be addressed by the educators in the schools.
I want to thank the many of those statewide that have assisted with this process. It was an honor and a pleasure to meet and work with so many of our wonderful officers from the Delaware State Police (DSP) and it was a relief to hear that they had just as much concern about SROs being utilized in situations that were meant for educators. I would also like to thank Brian Moore from Red Clay’s Public Safety Department, the Delaware Department of Education (DOE), specifically the Exceptional Children Resources group. Wendy Strauss and Sybil White from the Governor’s Advisory Council for Exceptional Citizens as well as Dafne Carnright from Autism Delaware and Bill Doolittle, a parent advocate who has been an instrumental part every step of the way.
So, after all of our hard work, I am here today to ask for your vote on this bill which has the support of DSP, the DOE and so many parents of children with disabilities.
Jennifer Cinelli-Miller, Parent Advocate
The Delaware Department of Education came out with the special education ratings for all Delaware school districts and charter schools. The information the schools and districts were rated on were based on indicators by the federal Department of Education. This is information the Delaware DOE collects from on-site monitoring of schools as well as performance data, including participation rates from the Smarter Balanced Assessment. The ratings are based on information from the 2014-2015 school year. I don’t necessarily agree with these ratings, especially as it relates to parents opting their children out of the state assessment. I’ve always found that many schools who have higher populations of students with disabilities tend to get the rougher ratings. It is a sure sign we need more funding, staff, resources, and training for special education.
Academia Antonia Alonso
Academy of Dover
Charter School of Wilmington
Early College High School
First State Montessori Academy
MOT Charter School
Newark Charter School
Odyssey Charter School
Polytech School District
Sussex Tech School District
Caesar Rodney School District
Campus Community School
Cape Henlopen School District
Delaware Design-Lab High School
Delaware Military Academy
Delmar School District
East Side Charter School
Freire Charter School
Indian River School District
Las Americas Aspira Academy
Laurel School District
Milford School District
Positive Outcomes Charter School
Providence Creek Academy
Woodbridge School District
Appoquinimink School District
Brandywine School District
Capital School District
Charter School of New Castle (formerly Family Foundations Academy)
Christina School District
Colonial School District
Delaware Academy of Public Safety & Security
Gateway Lab School
Great Oaks Charter School
Kuumba Charter School
Lake Forest School District
New Castle County Vo-Tech
Prestige Academy (closing this year)
Red Clay Consolidated School District
Seaford School District
Smyrna School District
Thomas Edison Charter School
A University of Delaware class called Documentary Production produced a video called “The Deed: Fixing Education In The First State”. The cinematography of the video was good, but I feel it should have been renamed “Fixing Education In Wilmington” because that was pretty much what the video was about.
It gave a good history of segregation before 1954, but after that it focused solely on Wilmington. But I found the stereotypes to be a bit too much. The video primarily focuses on two Caucasian mothers. One is in what appears to be a classroom, and the other is out in the suburbs in a very nice home. When they do show African-Americans (aside from Tony Allen), it is primarily urban Wilmington. As if there are no African-Americans in the suburbs.
The TedX Wilmington videos shown in this are from Tony Allen, the Chair of the Wilmington Education Improvement Commission, and Dr. Paul Herdman, the CEO of the Rodel Foundation. Other folks shown in the video are Dan Rich from the University of Delaware and one of the main WEIC players, Atnre Alleyne from DelawareCAN and TeenSHARP, and Brandywine Superintendent Dr. Mark Holodick. There are cameos from Delaware Teacher of the Year Wendy Turner and the not-even sworn in yet Christina Board Member Meredith Griffin Jr.
Here is a newsflash. There are 19 school districts in Delaware. Up and down the state. I love Wilmington, but if you are going to make a video called Fixing Education In The First State, you have to focus on the whole state. This was one of the biggest mistakes WEIC made, focusing on Wilmington and expecting the rest of state to pick up the tab to fix Wilmington issues. Yes, Wilmington is the biggest city, but many issues with poverty and low-income exist all over Delaware.
Like most discussions about “fixing” education in Delaware, we go through the history and the present situation. Add some current events like the upcoming Colonial Referendum to make it current. Show some shots from a WEIC meeting a few months ago when Governor John Carney and Delaware Secretary of Education Dr. Susan Bunting attended for some extra oomph and importance.
I recognize segregation in Wilmington schools and what school choice has done to Northern New Castle County as major problems in Delaware. But there are other equally important issues, only one of which was briefly touched on in the video- education funding. We also have special education with a rapidly growing population of students with disabilities, standardized testing, a growing population of English Language Learners, a General Assembly that generally makes some very bad choices for our schools, bullying in our schools,the continued fall-out from the Race To The Top accountability era, a State Auditor who doesn’t audit school districts every year even though that office has to by state law, referenda, a new Governor that is putting a ton of cuts towards school districts (but not charters), the Rodel Foundation’s stranglehold on decisions made in education, data mining of personal student information, and the upcoming and very real threats of competency-based education, personalized learning, an eventual replacement of real teachers with glorified moderators instead in a digital technology wonderland, and the upcoming Blockchain technology which will institute a full-blown “digital badge” scenario, tracking children from cradle to grave and predetermined careers and what their societal worth will be. And yes, even Social-Emotional Learning is in the process of getting hijacked by the corporate education reformers (more on that soon).
Many of these things aren’t on the radar as much as they should be. We are still bickering over how to “fix” education but we are stumbling with talking about what is right in education. We are in a constant state of flux, in a state of constant improvement. This obsessive need for improvement is actually what is fracturing education the most in Delaware. The problem comes when we try to measure all these changes by one standardized test.
For an eleven minute video, it would be impossible to catch all the issues in Delaware education. But showing very old videos of Tony Allen and Paul Herdman don’t do much for me. Most Delawareans really don’t know who the two of them are. Just because they have a TedX stage doesn’t give them more importance than a teacher giving a lecture to a class or a parent giving public comment at a school board meeting. Those are actually the voices we need to hear more of in Delaware education, the everyday citizen. Not a CEO of a “non-profit” making over $344,000 a year or a well-meaning Bank of America executive. Don’t get me wrong, I think Tony Allen is a great guy, but it has become more than obvious that WEIC isn’t heading towards the destination it dreamed of and it is time to move on. As for Dr. Paul “Rodel” Herdman, I have never been shy about my dislike of his “visions” for Delaware schools that have its roots in corporate profit.
We need to focus on what is going right in Delaware education and build from that. It begins at the grass-roots level, in the classroom. For that, the student and teacher voice are the most important. And then the parent. We go from one reform or initiative to the next, and the cycle goes on and on.
Ask, and ye shall receive! Whenever I put up an article about Newark Charter School and what I view as their low sub-group population percentages compared to Christina School District, I am asked to do closer comparisons. That is absolutely fair and something I should have done a long time ago. So I plead guilty on that score. But sometimes wanting to know that information to shut me up isn’t always the best idea. Especially when the proof is in the pudding. Continue reading “Taking A Deep Dive At Newark Charter School & Christina School District: 5 Mile Radius, Greater Newark Area, & District (Including Wilmington)”
Earlier this afternoon, State Rep. Rich Collins led the Delaware House of Representatives in prayer and asked them, no matter what, to put children first in their mind when they are voting on legislation. Two and a half hours later, Collins along with 26 other state reps both Republican and Democrat, voted to keep Newark Charter School first.
House Substitute 1 for House Bill 85 passed the House today with 27 yes, 13 no, and 1 absent. The bill removes the 5 mile radius enrollment preference for Delaware charter schools with one exception. Since Christina School District has a portion of their district in Wilmington, that is not landlocked with the rest of the district, those Wilmington children will not be allowed to choice to Newark Charter School. Even though the Wilmington students from Red Clay and Colonial can choice to other charter schools, those Christina Wilmington students can’t choice to that one school. They can still choice to other charters within the district or even outside of the district, but not NCS.
The bill still has to go through the Senate. By primary sponsor State Rep. Kim Williams’ own admission, if the bill did not have that provision it wouldn’t have moved forward in the Senate. The Chair of the Senate Education Committee, Senator David Sokola, used to be on the board of Newark Charter School. It isn’t really a state secret that State Rep. Melanie Smith bought a house in that area so her child can go to Newark Charter School. Why does it always come back to Newark Charter School?
State Rep. John Kowalko put an amendment on the bill that would have removed that provision, but it failed to pass the House. 25 state reps voted no on the amendment.
I know State Rep. Kim Williams very well. I know her intent with this bill was to get a start on changing this process. It is better than what we had before. But it really isn’t. Yes, there will be a greater number of Christina School District students who will have the option of choicing into Newark Charter School. That is true, provided the bill passes and gets signed by Governor Carney. But it also sends a clear statement about Delaware as a state: we will allow de facto segregation. Any time we are disallowing students from having a free and appropriate public education, we are not moving forward as a state, we are moving horribly backwards.
State Reps Charles Potter, Stephanie Bolden, and J.J. Johnson, all African-American, voiced strong opposition to the bill for the same things I am writing. Bolden said it best. What does it say about Delaware as a state when legislation like this comes up? She couldn’t say this, so I will. It shows what a discriminatory state we are to the rest of the country. It says city kids aren’t good enough for a charter in the suburbs. It says we vote in legislators who would rather keep one charter school from opening up to ALL students than making Delaware, the first state to sign the U.S. Constitution, a fair and equitable state for all children.
Let’s be honest here, the only reason for this legislation in the first place is because of Newark Charter School. Taking what could be a good portion of their student population out of the picture in the coming years defeats the whole intent of the bill in the first place.
Which State Reps voted to keep de facto segregation going in Delaware today?
Bryon Short (D)
Paul Baumbach (D)
David Bentz (D)
Gerald Brady (D)
William Carson (D)
Rich Collins (R)
Danny Short (R)
Tim Dukes (R)
Ronald Gray (R)
Kevin Hensley (R)
Deb Hudson (R)
Earl Jaques (D)
Quinton Johnson (D)
Harvey Kenton (R)
Ed Osienski (D)
William Outten (R)
Trey Paradee (D)
Charles Postles (R)
Melanie Smith (D)
Joe Miro (R)
Mike Ramone (R)
Steven Smyk (R)
Jeff Spiegelman (R)
John Viola (D)
Kim Williams (D)
David Wilson (R)
Lyndon Yearick (R)
Only one Republican voted no on the bill, State Rep. Ruth Briggs-King. I find it ironic that many of the Dems who have part of their district in the 5 mile radius for Newark Charter School voted yes. A couple of the no votes surprised me, but I will take it. For those who aren’t familiar with what our state legislators look like, there are no black Republicans in the Delaware House or Senate. All of the above legislators are white.
No offense to Kim Williams, and I get her intent behind this bill, but I can’t support this bill. I vehemently oppose it. Any legislation that restricts a child from doing anything will never be a bill I can get behind. Any bill that gives Delaware an ugly stain on our perception is one I can not support. This is not progress. This is very sad.
We need elected officials in our state who won’t follow the whims of Newark Charter School. We need legislators who will look out for ALL students. We need lawmakers who won’t bow to the Delaware Charter Schools Network and do what is right. We need legislators who realize collaboration when it comes to education is NOT always a good thing. Today was no victory by any means. It was a horrible step backwards in Delaware. We might as well paint a sign on Newark Charter School that says Wilmington students not allowed. The original five mile radius for NCS was bad enough, but this… this is blatant discrimination by a public school that gets funding from taxpayers around the state.
Newark Charter School is one of the best schools in Delaware. It is because of laws like this that have allowed them to cherry-pick their students and take advantage of the law so they give a façade of excellence. If they truly let in any student, they would be no better or worse than the schools around them. But they would be equal. I would never let my child go to a school like that. What kind of lesson would that teach him? If he were picked in their lottery, I would tell him he won because so many kids could not. If I lived in Wilmington, would I really want my child going to a school that practiced discrimination and segregation for over 15 years?
I would tell you to voice your opposition to the Delaware Senate on this bill. But it really doesn’t matter. If it passes as is, it is the same story. If it fails, Newark Charter School still has their 5 mile radius and still keeps kids from the Christina School District out of their prestigious public school. Any attempt at amending the bill will fail. But the truest failure is how Delaware looks to the entire country with this one bill.
Updated, 6:52pm: I want to add one thing. My thoughts on this bill are not a knock on all Delaware charter schools. There are many charter schools in Wilmington who would be more than happy to take the students Newark Charter School doesn’t want. And they do. My main issues with charter schools in Delaware have been the very inequity I am writing about here.
The Delaware Department of Education released (finally) the Delaware Special Education Strategic Plan. It will be available for public comment until June 5th. I strongly encourage all parents of special needs children in Delaware to very carefully go through every single line of this plan. I will be doing the same on this blog from now until then and I will be putting my breakdown into public comment form for the plan as well. I do want to thank the very hard work of the Special Education Strategic Planning Group who spent many hours and days, volunteer I may add, to work on this plan. The group consisted of 24 Delawareans, a moderator, and various employees of the Delaware Dept. of Education. As well, former Secretary of Education Dr. Steven Godowsky as well as current Secretary, Dr. Susan Bunting, provided support for the plan. I would especially like to thank State Rep. Kim Williams and Dr. Michele Marinucci, the Special Education Coordinator for the Woodbridge School District, for getting this large group of people together during a time when it could have been completely different (and not to the benefit of students with disabilities).
At first glance, I see both positive and negative things in the plan. It isn’t going to please everyone. But it is a start and more than we had before. This isn’t a time to throw stones, but it is a time to let your thoughts be known. Public comment for this plan is as follows, as per the Delaware DOE:
House Substitute 1 for House Bill 85 was released from the Delaware House Education Committee today. There are very serious concerns due to a “compromise” brought forth by the Delaware Charter Schools Network. The bone of contention surrounds the Christina School District and Newark Charter School. Since a portion of Christina exists in Wilmington, those students would not be considered in the enrollment preference which includes all students in a choice school’s district. The line of thinking appears to be the district section of Wilmington is not connected to the rest of the district. However, those who oppose this section of the bill feel it is a barrier for Wilmington students who are part of the Christina School District.
Today, State Rep. John Kowalko is bringing forth an amendment but no one on the committee knew specifically what the amendment was. State Rep. Kim Williams, the primary sponsor of the bill, stated she assumes it would be to remove lines 7-9 of the bill which would give Newark Charter School their Wilmington exclusion. Williams said she would not support the amendment because she gave her word to Senator David Sokola. This, apparently, was an addition to the bill from Senator Sokola which caused the House Substitute bill from the original House Bill 85. State Rep. Joe Miro said he would not support the bill if the amendment passed.
State Rep. Sean Matthews said he is in support of the bill but does not feel the bill serves all students in the Christina School District. He felt the bill does not allow for Wilmington students to go to Newark Charter School and the exclusion for NCS was put in so it can pass the Delaware Senate.
If Newark Charter School is so good, they should take all students. -State Rep. Sean Matthews
State Rep. Deb Heffernan agreed with Matthews. The bill was released with 11 votes in favor of the bill.
Delaware Secretary of Education Dr. Susan Bunting said the Delaware Department of Education is taking a neutral stance on the bill. Donna Johnson, the Executive Director of the State Board of Education, said former State Board member R.L. Hughes was on the Enrollment Preferences Task Force and voted in favor of removing the 5-mile radius. Kristin Dwyer, the Delaware State Education Association Director of Legislation and Political Organizing, said she is happy the conversation is opened with this bill but DSEA does not feel the bill goes far enough. DSEA feels the 5-mile radius should be completely removed.
My concerns with this bill are the very nature of Newark Charter School to begin with. Even with their 5-mile radius, their student populations do not reflect that of the Greater Newark area. This is the public comment I gave to the committee and my idea for a potential amendment.
While I am very happy to see this bill, I have concerns around Newark Charter School. When the charter school had their major modification approved to build their high school, they were instructed with formulating a plan to allow for more diversity in their district. I have yet to see that materialize, even within their current 5 mile radius. While their special education numbers have increased, they are still woefully under what the state average is, much less the Christina School District. In the school profile for this school year, African-Americans represent 10.7% of their student population compared to 39.4% of Christina. While factoring in the African-American population of the Wilmington contingent of Christina student population, the greater Newark area has a much higher population of African-Americans compared to NCS. I would recommend an amendment be placed on this bill for a weighted lottery for charter schools, magnets, and any choice school where the demographics are disproportionately lower than that of the surrounding district to allow populations that do not seem to be getting access to certain charter school even footing and representation within those schools. Enrollment preferences are meant to allow the most disadvantaged students into choice schools, not to keep them out. Thank you.
The bill, if passed, would take place immediately. However, it would not be able to kick in until the 2018-2019 school year since the school choice calendar for the 2017-2018 school year closed in January. During the House Bill 90 Enrollment Preferences Task Force, the majority of the members voted in favor of removing the 5-mile radius as an enrollment preference for choice schools. Williams said she does not necessarily agree with the Newark Charter School exclusion, but felt compromise was necessary. If the bill didn’t move forward, she would not be able to help any students.
Once Kowalko’s amendment is public, I will add it to this article.
Day programs for children with big behavioral issues stemming from disabilities are shooting up rapidly. This is a good thing. Prior to this year, most of these special needs students were sent to residential treatment centers which can result in separation from family and a large financial burden to the state. This is the most promising Interagency Collaborative Team report I’ve seen since I began covering these three years ago.
The unique challenges these students face is very difficult for families and schools. At times, extra intervention beyond the capacity of the local education agency is needed. The choice of sending a student to a day program or a residential treatment center is still a difficult one for a parent. But a day program, in the same state, is a better option for the student and their primary caregivers. While a parent doesn’t pay for these programs when it goes through the ICT, it costs the state much more for residential treatment. In most cases, a local school district pays 30% of the cost while the state pays the remaining 70%.
Most of the children, teenagers, and young adults are male, at roughly 80%. Over half of these students are teenagers. Around 3/4 of the students in residential treatment centers go out of state to receive those services. The number of students in these unique services has hovered in the low 140s for the past three fiscal years.
This article originally appeared on the McAndrews Law website. Attorney Caitlin McAndrews wrote this and it is very important! It has pivotal information that parents of students with disabilities need to know about during the IEP process. Parents, even with the best of intentions, can make mistakes during this process. I agree with the author: give as much information as you possibly can to help your special needs child succeed!
Parents sometimes withhold information from School Districts, worried that the District will find a way to “use it against them.” This can include privately obtained evaluations, information from outside therapists or medical providers, or changes in medication. Though the instinct to protect your child’s privacy is understandable, withholding this type of information from the educators who work with your student typically does more harm than good.
In the example of an independent evaluation, providing the report to the District only gives them more information about how your child learns, which they should use to appropriately program for the student. Hopefully, the District will use the evaluation to help provide appropriate supports and services; but even if they do not, the family can at least say they provided all available information to the District. If parents have to go to a hearing, and they withheld a private evaluation, a hearing officer may hold that against the parent, and may question why the parent withheld outside information about the child that could have helped the District understand and program for the child.
Additionally, the private evaluation might contain information that would trigger the District’s Child Find obligation – that is, by putting the District on notice that the child has certain needs/diagnoses, and might require special education support. If the District never saw the outside evaluation, it may be harder to prove that the District knew of the child’s disabilities.
Similarly, Districts often request permission to speak to outside providers, such as private speech/language or occupational therapists, treating psychologists, or pediatricians. This information could help the District program for your child, and withholding it can make a parent appear uncooperative in front of a hearing officer.
In general, the instinct to hold back can be a very natural and protective one, but ultimately, parents should ask themselves, “What am I afraid will happen if I share this information?” and “What good could potentially come from sharing?” In the vast majority of cases, the potential good will outweigh the potential harm.
By Caitlin McAndrews, Esq., McAndrews Law Offices, P.C.