16 Very Tough Questions With Capital School District About In-School Alternative Placements

A month ago, I posted an article about an In-School Alternative Program the Capital School District Board of Education would be voting on at upcoming board meeting. When I read the contract and heard the board audio recording, I had several questions about the program.  I do understand the Christina School District runs the same program but I had some concerns for it in Capital’s middle schools and high school.  Continue reading

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From “Jon’s Loving Father” To Absolute Insanity: The Exceptional Delaware Story

As I delve into year five on this blog, sometimes it is healthy to take a look back at my humble beginnings.  From the crazy legislation I proposed in 2014 to my modern-day attempt to get a Secretary of Education removed from power, it has been a crazy four plus years!  It started out with a plan and turned into so much more! Continue reading

Campus Community Loses Appeal In Federal Court Over Special Education Lawsuit

McAndrews Law Firm, a special education law firm with offices in Delaware, recently won a special education lawsuit that went all the way up to federal court.  I imagine the price tag, once calculated, will be very steep for Campus Community School, a charter school in Dover. Continue reading

The Ghost Students Of Delaware Academy Public Safety & Security

I always wondered why the Delaware Department of Education went into Delaware Academy of Public Safety & Security last December to do an emergency student count.  It turns out the DOE found out they were fooled and were not happy about it.  You see, DAPSS didn’t lose a lot of students.  They were counting ones they never had. Continue reading

Capital School District Board To Vote On Contract For In-School Alternative Program

The Capital School District Board of Education will be holding a special board meeting on August 8th.  Among the few items for consideration is a contract with Pathways of Delaware to run an in-school alternative program in some of Capital’s schools.  The program is meant to prevent expulsions where students are sent to alternative schools.

Whenever I see outside contracts like this, my very first thought concerns students who have special education.  Any contractor would have to follow the student’s IEP just as any district employee would.  This program is not for every student.  It is for students who are simply unable to function within a school for very serious behavior issues.  Alternative placement is very expensive for any district or charter school.

What are your thoughts on this proposal?  In reading the proposal from Pathways of Delaware, they included endorsements from the Christina School District.  Do other districts have this program?

Why Did Delaware Get “Needs Assistance” From The U.S. DOE For Special Education?

Last week, the Office of Special Education and Rehabilitative Services at the United States Department of Education officially released the state determination letters for implementation of the Individuals with Disabilities Education Act (IDEA).  As I reported earlier this month, Delaware received a rating of “needs assistance”.  In June, I reported the special education ratings for each school district and charter school.  Both articles contain my thoughts on these ratings and how they don’t capture what it needs to.

The US DOE lags two years behind so these findings are based on the 2015-2016 school year in Delaware.  This was the second year of the Smarter Balanced Assessment.

As part of their release, the US DOE included documents for each state on how they reached their determination.  Below is the Delaware documents.  Also included are the letters sent for IDEA Part B and IDEA Part C.

U.S. DOE Sued By Special Education Advocacy Group Over Failure To Implement Regulation

According to Disability Scoop, the United States Department of Education is being sued by an organization called the Council of Parents Attorneys and Advocates for delaying a final rule regarding significant disproportionality.

In a federal lawsuit filed Thursday, the Council of Parent Attorneys and Advocates, or COPAA, alleges that the agency is skirting its obligation under the Individuals with Disabilities Education Act to ensure that students with disabilities receive appropriate services no matter their racial background.

The ruling was supposed to go into effect this year but the U.S. DOE delayed it for another two years.  However, this is a part of each school’s matrix for annual determinations for how they are implementing special education.

Despite the delay, states are allowed to implement the new standard if they wish to, the Education Department said, and they are still obligated under IDEA to assess school districts for significant disproportionality.

U.S. Secretary of Education Betsy DeVos is named in the lawsuit:

The lawsuit filed in U.S. District Court for the District of Columbia names DeVos and Assistant Secretary for Special Education and Rehabilitative Services Johnny Collett in addition to the department itself. It seeks to have a judge invalidate the Department of Education’s delay and reinstate the July 1 start date for the rule.

I seriously wonder why the U.S. DOE would put a delay on a ruling that makes absolute sense.

The Discussion About Racism Is Important But So Is The Tone. Tales From A Red Clay Board Meeting.

Last week, at the Red Clay Board of Education meeting, a huge and heated conversation took place about the lack of diversity at Cab Calloway School of the Arts.  It turned into something ugly and what I would not expect from a sitting board member. Continue reading

Capital Parents Of Students With Disabilities: Are You Aware Of Parent Councils Mandated By State Law? We Need To Unify Now!!!!

Three years ago today, Delaware Governor Jack Markell signed Senate Bill #33 into law.  Among the many changes to Delaware special education, one of the key facets of this legislation was the following:

  • 3125. Parent Councils.

Each school district and charter school enrolling any child with disabilities shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a parent council for the parents of students with disabilities. Parent councils will advocate generally for students with disabilities and provide person-to- person support for individual parents and children. The charter schools and school districts shall collaborate and coordinate with existing parent groups and other information and support groups to facilitate creation, maintenance, and effectiveness of the Parent Councils.

While my own son was not in Capital School District when districts and charter schools were required to create the Parent Councils, he was for the 2017-2018 school year.  I contacted the Special Services Office at Capital this morning and was told letters went out to parents about the Parent Councils.  I advised them I never received such a letter.  Apparently there were three meetings during this school year.  The maximum attendance at any of these meetings was eight parents, at the first meeting.  There is absolutely no mention of the Parent Councils anywhere on the district website.  None of their school websites have this information on them either.

I don’t feel we, as parents, should have to wait around for the district to comply to state law.  To that end, I am creating a Capital School District Parent Group and I invite all to attend.  Please email me at kjohlandt70@gmail.com if you interested in joining this group.  Even though it is the summer and our kids are out of school, I believe we should meet and hold discussions on what the district is doing in terms of special education for our children.  Three meetings over one school year is not enough.  I believe we should meet monthly and if warranted to get things going, every other week.  It is also my intention that we should pick a spokesperson for the group to present our findings at each Capital Board of Education meeting each month.  They generally meet on the third Wednesday of each month.  Even if you believe the district is doing everything right, we want to hear from you.  I will also create a Facebook group which will be private so we can discuss things in a private forum.  If you would like to join this Facebook group, please message me on my own personal Facebook profile, under Kevin Ohlandt.

I find it very discouraging that a school district that continually stresses a need for parental involvement can’t proactively advertise for something that is required by state law.  Sending one letter out to parents (which I didn’t even get) for an entire school year is doing the bare minimum.  The United States Supreme Court ruled on a special education case dictating schools must do more than the bare minimum with special education services for students with disabilities.  While that case does not provide a case against Capital not advertising Parent Councils, it does show a consistent pattern in terms of special education.  As a Capital parent, I received robo-calls throughout the year.  Not one robo-call talked about Parent Councils.  My son had many IEP meetings this year.  As well, I was in constant contact with his Principal.  Never once were the Parent Councils mentioned.

I hope to hear from many of you as soon as possible.  For a school district that has 18.3% of their student population designated as Special Education (which means having an IEP) and probably higher due to 504 plans not being listed in that percentage, we need to band together now more than ever.  The district, based on their 2017-2018 student unit count has 1,188 students on IEPs.  8 parents out of 1,188 attended the district’s Parent Council meetings this year.  That is unacceptable and I would hazard a guess most of you did not even know this was an option.

Please share with as many parents of students with disabilities in the Capital School District as you can.  For parents of these students in other school districts or charter schools, please make sure your school or district is following Delaware state law under Title 14 in this area.  Thank you.

Delaware House Passed Very Important Autism Bill

On Tuesday, the Delaware House of Representatives unanimously passed an Autism bill that will delight many parents and advocates in The First State.

State Representative Earl Jaques released the following statement on the House vote:

The House has unanimously passed my bill to enhance services for children with Autism Spectrum Disorder. HB 292 would focus on implementing parent and family input through the enactment of the Parent Advisory Committee, along with additional review boards.

We want to help all students have a quality, inclusive education experience, and this bill will help accomplish that. The hope is to better help children get the Autism services they need in their local communities. The legislation also has the net benefit of creating more educational autism specialist jobs.

This is the synopsis for HB #292:

This Act implements the recommendations of the March 2015 Autism Educational Task Force report regarding § 1332 of Title 14, the Program for Children with Autism and its Special Staff. Enacted nearly three decades ago, this law established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. However, the current model does not reflect current practices in special education, especially regarding inclusive education, and parents’ desire to have their children educated in their local communities. In addition, the increase in students with an educational classification of autism spectrum disorder (“ASD”) has made it difficult for the Statewide Director to provide the level of services and support that once was offered. This Act establishes the qualifications and duties of the Statewide Director and enhances the current mandatory committee structure to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review Board, to increase family input, monitoring, and protections. This Act creates a 3 year pilot program that revises the concept of DAP toward a system in which the statewide Director will work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. It allows for and provides adequate resources for all students with ASD in Delaware by eliminating the distinction between DAP-approved programs and other in-district options and by providing in-state experts at a lower cost than out-of-state residential treatment and consultants. The pilot program created under this Act makes changes that recognize and support the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students who attend them. The pilot program created under this Act establishes a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions). The fiscal mechanism to support the pilot program will be accomplished through mandated district participation that is consistent with the current needs-based funding system in Delaware and by redirecting state spending towards lower cost, community-based supports from out-of-state residential placements. The number of training specialists will be phased in over several years or until the pilot program ends. Finally, this Act is known as “The Alex Eldreth Autism Education Law” in memory Alex Eldreth, who passed away unexpectedly on November 24, 2017, and his dedication to this work.                    

Congrats!  The bill was also released from the Senate Education Committee yesterday.  It has not appeared on the Senate agenda but I anticipate final passage of this bill by June 30th.

Video Of Diploma Bill Signing

A big huge thank you to John Young for filming this and getting it up on Youtube!

Diploma Bill Clears Senate, Goes To Governor Carney For Signature

HS1 for House Bill #287 unanimously passed in the Delaware Senate today after some rough waters when it was on the House side.  Thank you to all the Delaware Senators and House Reps who passed this bill and recognized it’s importance.  A huge thank you to State Rep. Kim Williams and Senator Nicole Poore for getting this out to begin with.  And then thank you to the Special Education Strategic Plan Committee for making this a huge priority to begin with.

This is a landmark bill for students with the most severe disabilities in our schools.  Provided Governor Carney signs it, we will no longer have these students get a certificate but an actual diploma.  It was an archaic and outdated thing in our public education system.  Students with disabilities are just as important as their peers and the bulk of our General Assembly gets it.  And it looks like the Delaware business community began to recognize why this is important as well.

The Dream Becomes A Reality: Exceptional Advocacy for Delaware Students

It all starts with an idea.  But ideas that roll around in your mind will always be just that.  It is now time for action!  Therefore, this is the birth of Exceptional Advocacy for Delaware Students.

For almost four years I’ve been writing about education in good old Delaware.  It’s taken me from the bottom of Sussex all the way to the tip-top parts of the state.  I’ve been to Legislative Hall and the Delaware DOE building more times than I can count.  And nothing has changed.  In fact, I’m going to say it is getting worse.  Especially with special education.  But it isn’t just that.  It is also issues dealing with school discipline, race, gender, bullying, classroom management, class sizes, safety, and trauma coming into our schools in ways our educators are just now starting to fathom and understand.

To that end, I am taking my email/Facebook/social media/cell phone advocacy out of the digital world and into the schools.  This will be a huge task and I need your help!

These are the issues I am willing to advocate for students:

Special Education: whether it is IEPs or 504 plans, it is important to know your child’s rights, the parental rights, and the rights of the school.  Many parents feel overwhelmed in IEP meetings.  Trying to learn about federal IDEA law, Delaware State Code, and all the pending special education legislation is a task in itself.  Do you have a child with a unique disability that may warrant very specific goals or accommodations in their IEP?

School Discipline: does the punishment fit the crime?  Does the punishment meet the criteria of the school student code of conduct?  Does it follow state law?  If a student has an IEP or 504 plan was it a manifestation of their disability or just poor choices?  What are the rights of students when there are School Resource Officers, constables, or armed security?  When is physical restraint warranted?  How does it work with transportation and busing when a discipline issue comes up?

Trauma: Is your child going through a Post Traumatic Stress Disorder based on violence in their neighborhood?  Or in their own home?  Are their grades falling behind as a result of this?  Are they acting out?  These are students that may not be special education but need an advocate to help schools and teachers sift through these issues so they can give your child the best education possible.

Bullying: Is your child being bullied?  Are you finding the school isn’t doing everything they can to put a stop to it?  What steps can you take to make sure they do?

These are my goals:

To serve any of the above needs or potential conflict a parent may have with a school.

To guide parents on the appropriate ways to deal with the folks in the schools.  This isn’t as simple as it looks, and when things escalate, there is a proper chain of steps to go through.

To work with every school district and charter school in the state to make sure Parent Council Groups for special education are up and running.

To advocate meaningful dialogue between parents and schools.  This is crucial.  But it is also important to make sure there is one adult in the room who can be unbiased and impartial.  Screaming heads don’t get you far.  It might feel good in the short-term, but it is not conducive to the best interests of the one person who matters the most- your child!

To inform parents of their child’s rights and how that applies to the school setting.  To inform parents of the differences between legislation and regulation and what is enforceable and what is not.

To make sure due process rights are followed to the letter of the law in discipline situations.

I am not an attorney nor do I pretend to be.  I am just a parent with my own special needs child who has run the gauntlet with Delaware schools.  If your child’s school building doesn’t know me directly, they know of me.  All the district and charter leaders know me as well as the legislators.  I have contacts all over the place and know exactly who to go to when things need to happen.  I’ve helped parents out for years but it is time to take it to the next level.

I will be doing this work at no cost.  But any organization or business (whatever this turns out to be based on demand) needs funding.  Pure and simple.  So I am asking for donations from folks in Delaware who see this growing need in our state.  Whether it is a dollar or more, every bit counts.  I am willing to go up and down our state to help our kids.  I am centrally located in Dover so my door is open for all!

If you are of mind to help get this going and help sustain this, any contributions are certainly welcome!  Please go to the Exceptional Advocacy for Delaware Students page here: https://www.gofundme.com/exceptional-advocacy-for-delaware

If you are a parent who needs help in dealing with a situation involving your child at a Delaware school, please contact me as soon as possible.  My email is kjohlandt70@gmail.com and we can exchange phone numbers from there.

Breaking News: Delaware House Passes The Diploma Bill!

The Delaware House of Representatives just passed HS1 for House Bill #287 which would allow for a small portion of special education students who would otherwise be given a certificate of performance to be given a diploma with modified standards.  The vote count was 34 yes, 4 no, 2 not voting, and one absent.

The representatives who voted no were Stephanie Bolden, Rich Collins, Deb Heffernan, and J.J. Johnson.  Those who refused to vote were Gerald Brady and Charles Potter.  Only one Republican voted no and the rest were Democrats.

The next stop for the bill will be the Senate Education Committee.  If it is released from there, it would go up for a full Senate Vote.  Should it pass in the Senate, it would go to Governor Carney for signature.  Upon signature, it would go into effect for the 2018-2019 school year.  A great day for this segment of our special education students!

Diploma Bill Released From House Education Committee

The first battle for HS1 for House Bill #287 was won today as the Delaware House Education Committee released it from committee.  This puts the special education legislation on the Ready list for a full House vote.

All were in favor of the release except for State Rep. Deb Heffernan who voted no and State Rep. Stephanie Bolden who abstained.  There was a great deal of discussion about the bill and who exactly it represents among Delaware special education students.  Mary Ann Mieczkowski, the Director of the Exceptional Children Resources Group at the Delaware Department of Education, attempted to answer these questions to committee members.  The diploma with modified standards would apply to a very small population of Delaware students, approximately 1% of them.  These are students with severe disabilities that affect their ability to perform relative to their peers.

Currently, these students receive a “certificate of performance”.  Which means they are not allowed to check up the Diploma box on job applications.  They are unable to have the opportunity to apply for many jobs.  For parents of these children, as so aptly put by parent John Young, it is a resignation for their children that is very difficult to accept.

Much of the conversation was about the gap group of special education students between those this would apply to and those who receive a high school diploma.  To qualify for this bill, you have to be approved by your IEP team to take the alternative state assessment.  But that is only a little over 1% of Delaware students.  Our special education numbers hover around 15-16%.  Some of those students who do qualify for the Smarter Balanced Assessment have a difficult time passing rigorous high school courses and are unable to graduate.  Many legislators wanted to see numbers from the Delaware DOE on this.

One public comment, given by Robert Overmiller, said this bill would be lying to these students.  The Governor’s Advisory Council for Exceptional Citizens, of which Overmiller is a member, had public comment from member Kathie Cherry.  She felt it was important to note that Overmiller’s views on the bill did not reflect the overwhelming majority of the council who are in support of the bill.  While I do agree with Overmiller on many education issues, I felt his opposition to this bill was unfair but he is certainly entitled to his opinion.

Delaware Secretary of Education Dr. Susan Bunting gave the DOE’s approval of the bill, as did Delaware Autism, the Delaware Association of School Administrators, the Delaware School Boards Association, and parents.

This is an important victory for this bill.  It still has a long way to go but I like the track it is going in.

Diploma Bill Takes Center Stage In House Education Committee Meeting Today

The diploma bill for students with severe disabilities is on the agenda for the Delaware House Education Committee today.  The bill caused a ruckus of sorts with State Rep. Earl Jaques, State Board of Education member Pat Heffernan, Robert Overmiller, and the Delaware Chamber of Commerce.

House Bill #287 is now HS1 for House Bill #287.  The new changes are as follows:

This Substitute Bill makes the following changes to House Bill No. 287: 1. It changes the name of the new diploma to a “Diploma of Alternate Achievement Standards” instead of a “Diploma of Modified Performance Standards.” 2. It adds a requirement that a student must be eligible to take a statewide alternate assessment to receive the new diploma. 3. The Act takes effect in the academic year after enactment.

But the spirit of the original bill is the same.

…provides the opportunity for schools to award students who meet the requirements of their Individualized Education Plans (“IEP”) a high school diploma which recognizes the accomplishment of having attained a level of performance that is modified from the State graduation requirements but aligned with their established goals and performance outcomes.

As much as those who oppose the bill talk about why they hate the bill, I still fail to understand their rationale.  This isn’t a business bill, this is a student bill.  I think it is very arrogant for big business to dare to intrude on legislation like this.  In my opinion, they have done enough “intruding” in public education to the detriment of students, teachers, and schools.  Most of our schools, teachers, and parents want this bill to pass.  To me, they are your key stakeholders, not the business community.

For Jaques, Heffernan, and Overmiller: two of you have family members with disabilities and one of you serves on the Governor’s Advisory Council for Exceptional Citizens (GACEC).  I am unable to fathom your opposition to this bill.  You are certainly entitled to your opinion.  But, to me, it is not a coincidence that you all opposed opt out of the Smarter Balanced Assessment.  Which is a grueling task and a flawed test for any student, but especially for students with disabilities.  The majority of the GACEC supports the bill.

I anticipate a large crowd for this House Education Committee meeting.  It is being held in the Joint Finance Committee room, not the House Chamber.  It begins at 3:00pm.  If you support this bill, please come out and give public comment.

Other bills on the docket are House Bill #292, relating to services for students with Autism, and House Bill #282, which would allow extra funding for field trips in schools with high concentrations of students with poverty

DAPSS Faces CSAC In Final Meeting Today As Queen Margie Reigns Supreme & King Herb Is Making Big Money

I’ve seen some arrogant stuff from charter schools in my day but this one takes the cake!  Separating herself from the rest of the Board of Directors, Margie Lopez-Waite must be thinking her name adds extra oomph to the struggling Delaware Academy of Public Safety & Security.  Yes, being a Chairperson or President of any school board does give you a certain amount of power and responsibilities, but to distance yourself from the other equal board members is not a good idea.  It makes the rest of the Board look weak in comparison.  I’ve seen many charters where the head of the Board calls the shots.  The rest of the Board winds up becoming a rubber stamp.

For Queen Margie, she has gained absolute control at the school.  Obviously they need something since they are on formal review but I would prefer like-minded people working together as opposed to this self-created hierarchy.

Delaware Academy of Public Safety and Security came out with their response to the initial Charter School Accountability Committee meeting.  We learned Secretary of Education Dr. Susan Bunting turned down the school’s request to submit a major modification to reduce their numbers.  That makes sense since you can’t do that when you are on formal review.  The school also made an attempt to compare their test scores to area high schools and show they really aren’t that bad when you compare them like this.

Since their modification won’t happen, that means they can’t switch their location for this school year or even next school year if they remain open by that time.  That means they have to renew their lease with Fatima, the church that holds the lease on their building.  Given that the school is at least $184,000 in the hole, this spells trouble.  My sense is they are deeper in the hole than suggested but they found a way to hide it.  Even though THIS WAS DISCUSSED AT THEIR FIRST MEETING WITH CSAC.

We also learned their teaching staff has some glaring holes in it.  Out of their eight core teachers, three are on emergency certificates, two are vacant positions, and one has an initial license.  What does that mean?  This school’s teaching population is not up to snuff.  75% of them are not fully certified teachers.

Does Herb Sheldon make $185,000 as Principal of this school?  According to their proposed budget for the 2018-2019 school year, that’s what it looks like.  I hardly think a school of 200 students needs a Principal making THAT much money.  Especially since he has NO academic background aside from human resources at another charter school.

What disturbed me the most about this school was their attrition rate with special education students.  If you look at the below graph, you can see the number of students with disabilities dropping considerably each year as they go on to their next grade.  What happens to these students?  Are they counseled out?  Expelled?  Or do parents just say enough is enough and pull them out?  Where are these students going when they leave DAPSS?  To other charters or back to their regular feeder pattern?  For their Grade 9 that started last year, they were at 32.9% special education.  This year, those students in 10th grade are at 0% special education.  What happened to those 25 students on an IEP?  Same with the 9th graders that started in 2014-2015.  In two years, they went from 27 IEPs to 16 to none.  For a school that boasts about being able to handle high-needs students, I’m not seeing it!  To begin training on special education law at a state and federal level before the 2018-2019 school year does NOT show a commitment to these students.  That training should be going on NOW!

I love how the school talks about all the programs brought about by their former Curriculum Director, Erica Thomas, who is no longer with the school.  Way to take someone else’s work and make it your own!

To read the pitiful response from the school, please see below.  To read the appendices mentioned in the report, please go here.

 

Christina Missing A Special Education Director

When John Dewey retired from the Christina School District two months ago, it put the second largest school district in the state without a Special Services Senior Director.  This is the title for the person overseeing special education in the district.  So who is running special education in Christina School District?  With the number of complaints I receive about special education in Christina you would think they would make sure this key vacancy in their district is filled.  But nope, here we are two months later and nothing.  How long are they going to keep this key position vacant?

Hey Delaware DOE, You May Want To Make Sure Mitch & Our Schools Know This Stuff!

It would be my hope that all Delaware schools, be they district or charter, have seen this.  I would also hope the Exceptional Children Resources Group, the special education area of the Delaware Department of Education, led by Mary Ann Mieczkowski, circulated this to all our schools.  If not, I’ll make sure they get this.  And I won’t even charge them!  But just in case they haven’t seen this, they may want to read this from top to bottom.  Special education is NOT a choice.  And you are expected to implement it with fidelity and as per federal law under IDEA.  The below document, released by the Office of Special Education and Rehabilitative Services at the United States Department of Education issued guidance about the landmark U.S. Supreme Court decision on Endrew F v. Douglas County School District.

McAndrews Slams Delaware DOE In Federal Court Special Education Case

McAndrews Law Firm, the premier special education law firm in Delaware, just won a BIG case against the Delaware Department of Education.  The basis of their claim was that if a charter school goes under, the DOE is obligated to provide those services.  The DOE objected with twelve different claims, all of which were shot down by federal district court!  Way to go McAndrews!  From their press release:

Last week, we were gratified to report that McAndrews Law Offices had prevailed in an important federal court matter on behalf of children with disabilities who attended charter schools that go out of business. Just two days after prevailing in that important matter, MLO obtained another crucial federal court decision, this time in the state of Delaware, holding that states are responsible to ensure the rights of children and their families are protected when charter schools become defunct.

In MK v. Delaware Department of Education, McAndrews Law Offices negotiated a $30,000 compensatory education fund with a Delaware private charter school as part of a settlement agreement, but the charter school then failed to pay for the compensatory education services and went out of business. On behalf of the family, MLO brought an action against the Delaware Department of Education, asserting that under federal special-education law, the state must step into the shoes of the defunct charter school and provide the child and family their educational rights under federal law. The Delaware Department of Education asserted, in shotgun fashion through a motion to dismiss the case, nearly a dozen claims as to why the state had no responsibility for ensuring that the child received the protections of federal law. These claims were universally rejected by the federal district court, which held that “Congress considered the establishment of a single agency on which to focus responsibility for assuring the right to education of all disabled children to be of paramount importance.” With this motion to dismiss having been denied and the fundamental arguments of the state to avoid liability having been dismissed, a major procedural victory has been obtained on behalf of our Delaware clients.

I wonder which charter school this was? Delaware MET? Prestige Academy?  That’s just like the DOE, ducking their responsibility.  Do they really not get IDEA?  The fact that Delaware does not provide basic special education funding for students in Kindergarten to 3rd grade shows how out of touch they are with special education reality.  By relying on Response to Intervention as a “childfind” measure, which is not the identifying criteria for special education under IDEA, the Delaware DOE and our legislators continue to disregard federal law.  This is all going to come to a head very soon and Delaware taxpayers will be the ones holding the bag when we have to bail out the state for their horrible special education policies and funding mechanisms.  The Delaware ACLU lawsuit over education funding in general will be a drop in the bucket compared to what is coming.  DOE needs to get their heads out of their imaginary clouds and start following federal law!!!!!