Table of Contents. See also Summary of Contents beginning on page.

Transcription

1 Table of Contents See also Summary of Contents beginning on page. Chapter One School Funding: Adequacy & Equity in Pennsylvania...1 Deborah G. Klehr, Esq., Michael Churchill, Esq., Maura McInerney, Esq. Section 1 Fundamentals of Public Education Funding in Pennsylvania - Slides... 3 Michael Churchill I. The Problem... 5 A. Pennsylvania is The Most Disparate State... 6 B. Pennsylvania s Tax Disparity... 6 C. Tax Disparity in Delaware County... 7 D. Basics of Education Funding... 7 E. Local Effort is Not the Problem: Tredyffrin vs. Reading... 8 F. Which Districts Needs More? Needs More?... 8 G. Costing Out Study... 9 H. Massive State Cuts... 9 I Cuts Hit Poorer Districts Hardest J. Effects of Massive State Cuts K. Formula Abandoned L. Basic Education Funding Commission Formula M. Effect of New Formula II. Continuing Problem: Charter Tuition Calculations Section 2 History of Public School Funding Litigation in Pennsylvania A. Pennsylvania s Constitution - Article III, Section B. Litigation Teachers Tenure Act Cases (1938) Danson v. Casey (1978) Bensalem Township School District v. Commonwealth (1987) School District of Wilkinsburg v. Wilkinsburg Education Association (1995) Pennsylvania Association of Rural and Small Schools v. Ridge (PARSS) (1999) Marrero v. Commonwealth (1999) C. Current Litigation...25 ix

2 Section 3 William Penn SD et. al. v. Pa. Dept. of Education et. al. (Pa. Commw. Crt., 2014) I. Summary of Petition for Review II. William Penn School District, et al., v. Pennsylvania Department of Education, et al., No. 587 (M.D.2014) - Opinion Section 4 Racial Bias in Pennsylvania s Funding of Public Schools David Mosenkis Section 5 Lifting All Students: Why Pennsylvania Must Act Now to Fairly Fund Public Education and Secure Our Future The Campaign for Fair Education Funding I. The Way Pennsylvania Funds Public Schools Isn't Working II. What's At Stake? A. The Widest Funding Gap in the Country B. Money Matters when it comes to Student Performance III. IV. When the State Fails to Invest in Education, Achievement Gaps Widen, Creating a Ripple Effect in Our Economy...59 The First Step to Fixing Pennsylvania s Unfair and Underfunded Education System: $410 Million + A New Funding Formula V. What These Two Funding Proposals Mean for Representative School Districts Across the State A. Allentown City School District Lehigh County B. Connellsville Area School District - Fayette County C. Mifflin County School District - Mifflin County D. Otto-Eldred School District - McKean County E. Pocono Mountain School District Monroe County F. William Penn School District - Delaware County VI. VII. The Numbers Don't Lie, Yet Legislators Are Still Deadlocked on a State Budget A. Our Economy Requires It B. The People of Pennsylvania Demand it The Governor and State Legislature Need to Come Together Now for Public Schools Appendix - How Budget Proposals Would Affect Pennsylvania School Districts...65 Section 6 Basic Education Funding Commission Report and Recommendations The Basic Funding Commission I. Current Basic Education Funding Commission Members II. Executive Summary III. Factors For a New Basic Education Funding Formula IV. Weighted Basic Education Student Headcount Equation x

3 V. Funding Distribution Number Equation VI. Final School District Distribution Equation VII. Recommendations...95 Chapter Two The Ins and Outs of Charter Schools Section 1 Overview and Outline of Charter School Topics Kevin M. Mckenna, Esq. I. What is a Charter School? II. What is a Cyber Charter School? III. Background on Charter Schools Section 2 Charter Schools In Pennsylvania - Frequently Asked Questions David B. Lapp, Esq. I. What is a charter school? II. What is a cyber charter school? III. Who can enroll in a charter school? IV. Can a charter school have different rules for enrollment than a school district? V. Can a brick and mortar charter school be full? VI. Can a cyber-charter school be full? VII. Can charter schools charge tuition? VIII. Once a student is enrolled in a charter school, must the parent re-apply each year for admission? IX. Can a parent withdraw a child from a charter school at any time? X. Who can teach children within a charter school? XI. Do charter schools have to participate in statewide assessments? XII. Do charter schools have to operate on the same school calendar as other public schools? XIII. Who is responsible for transporting children to and from charter schools? XIV. Can students enrolled in a charter school participate in extra-curricular activities (e.g. athletic teams, band, chorus, etc.) in their local school district? XV. Do charter schools have to comply with special education laws? XVI. Can a charter school suspend or expel a student? XVII. How are charter schools monitored? XVIII. When parents feel that charter schools are violating a child's rights, where do the parents complain? xi

4 Section 3 Charter School Cases David B. Lapp, Esq. I. Pennsylvania Richard Allen Preparatory Charter Sch. v. Sch. Dist. of Phila., 2015 Pa. Commw. LEXIS 373 (Pa. Commw. Ct. Aug. 27, 2015) II. Pennsylvania West Philadelphia Achievement Elementary Charter School v. The School District of Philadelphia and School Reform Commission, No. 31 EM 2014, (Pa. 2014) III. Pennsylvania Discovery Charter Sch. v. Sch. Dist. of Phila., 111 A.3d 248 (Pa. Commw. Ct. 2015) IV. Pennsylvania Sch. Dist. of Phila. v. Dep t of Educ., 625 Pa. 418 (Pa. 2014) V. Pennsylvania Appointment of a Receiver for the Chester Upland School District, Delaware County Court of Common Pleas No Chapter Three School Discipline: New Strategies in Stemming the School-to-Prison- Pipeline Section 1 Notice of Language Assistance Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline U.S. Department of Education Section 2 Dear Colleague Letter from Assistant Secretary for Civil Rights, U.S. Department of Education Charter Schools U.S. Department of Education Section 3 Discipline Disparities: Myths and Facts The Equity Project, Center for Evaluation and Education Policy, Indiana University Section 4 Criminalizing kids - Virginia tops nation in sending students to cops, courts: Where does your state rank? The Center for Public Integrity Section 5 Fairness in School Discipline in Pennsylvania: A Guide for Attorneys And Advocates Who Represent Students Education Law Center Section 6 Beyond Zero Tolerance: Discipline and Policing in Pennsylvania Public Schools American Civil Liberties Union of Pennsylvania xii

5 Section 7 Guiding Principles - A Resource Guide for Improving School Climate and Discipline U.S. Department of Education Section 8 Racial Disproportionality in School Discipline Implicit Bias is Heavily Implicated Tom Rudd Additional Resources Chapter Four Special Education & At-Risk Student Populations Section 1 Educational Decision Makers and Surrogate Parents in Pennsylvania: How to Ensure that Every Child in the Dependency and Delinquency Systems Has an Active, Involved Adult to Make Education Decisions Juvenile Law Center I. The Role of Courts A. What Must the Juvenile Court Judge Do? B. What Should an EDM Do? C. Who Can be an EDM? II. The Role of School Districts A. What Must the Child s School District Do? B. How Can You Determine which Potential IDEA Parent Can Act for the Child? C. When Must a School District or EI Agency Appoint a Surrogate Parent? D. What Should a Surrogate Parent Do? E. Who Can Be a Surrogate Parent? III. The Role of Child Welfare and Juvenile Probation Agencies A. How Can Courts, Child Welfare Agencies, Juvenile Probation Officers, Schools (or Early Intervention Agencies) Work Together to Address This Issue? IV. Practice Tips For School Districts, Early Intervention Agencies, Child Welfare Staff, Juvenile Probation Officers, Judges, and Attorneys V. Comparison of EDMS and Surrogate Parents Section 2 United States Department of Education Office of Special Education And Rehabilitative Services Memo I. Background II. III. Issue #1: Highly mobile children should have timely and expedited evaluations and eligibility determinations A. Requirements B. Analysis Issue #2: Comparable services include services during the summer, such as Extended School Year (ESY) services xiii

6 A. Requirements B. Analysis IV. Resources A. Federal Resources B. Other Helpful Resources Section 3 Addressing the Unique Needs of Children with Disabilities in Foster Care I. Additional Resources Section 4 Orphanages, Training Schools, Reform Schools and Now This? I. Recommendations to Prevent the Disproportionate Placement and Inadequate Treatment of Children with Disabilities in the Juvenile Justice System Section 5 Excerpt From Transition Planning For Youth with Disabilities from the Child Welfare System to Adulthood: A Guide for Professionals in Pennsylvania (pgs ) Juvenile Law Center Introduction Table of Contents E. Meeting Education Needs in Preparation for a Successful Transition What school should youth with disabilities in the child welfare system attend? Can a youth be required to attend an on-grounds school when they are placed in a group home or residential treatment center? Who gets to make educational decisions for a youth in foster care? Does the education decision maker need to enroll the youth in school? Who can act as a general education decision maker for a child in the child welfare system? Who can act as an educational decision maker for a child for special education purposes when he or she is in the child welfare system? What if there is no IDEA parent Identified? What is the process for getting an EDM or Surrogate Parent appointed? Who can serve as an EDM or Surrogate Parent? What if the youth needs an evaluation to see if he or she is eligible for special education and a "parent" or Surrogate Parent has not yet been identified? Do all youth in group homes or institutional care need a surrogate parent? What does a Surrogate Parent do? If the Surrogate Parent has also been appointed the general EDM, what activities should he/she perform in addition to meeting the youth's special education needs? Until what age does a youth need a parent or Surrogate Parent to make regular and special education decisions? xiv

7 15. Are all youth with disabilities in foster care eligible for special education services? What is a 504 Accommodations Plan and why would youth need one when they are still in middle or high school? What are the transition planning requirements in the IEP? What areas must be included in the transition plan in the IEP? How do you know if the transition plan is adequate? What is a transition assessment? What is an example of acceptable transition planning goals in the education and training domain? What are examples of discrete IEP goals to include in the transition plan to meet the overall education goal, and the services to achieve those goals? What is an example of an acceptable transition planning goal in the independent/community living domain? What are examples of discrete IEP goals to include in the transition plan to meet that independent/community living goal and the services to achieve those goals? What resources exist in Pennsylvania and nationwide for developing and reviewing a youth's transition plan? What action can be taken if the transition plan is not acceptable under the IDEA? What agencies can provide assistance if the youth is not getting all he or she is entitled to under the federal and state special education laws? What is the Office of Vocational Rehabilitation (OVR)? How and when can a youth access OVR services? Do all eligible individuals receive OVR services automatically? Are there resources that can help an individual who is having trouble getting services or the right services from OVR? What are examples of services that OVR can provide for a young adult? Are youth with disabilities entitled to graduate with a regular high school diploma? Do youth with disabilities have to participate in state standardized assessment tests, such as the Pennsylvania s System of School Assessment (PSSA)? How long can a youth with disabilities remain in school? What are the benefits to a youth of remaining in school until age 21? Must a youth with a disability be permitted to participate in a graduation ceremony with his or her class if he or she is not going to receive his or her diploma that year? Must the school district take steps to ensure that a youth with a disability can participate fully in his or her graduation ceremony? What services can help youth in foster care prepare for postsecondary education and training? Can youth with disabilities receive special education services after they graduate high school? Can youth request 504 Accommodation Plans when they go to college or attend a postsecondary training program? xv

8 42. How can you get a 504 Plan for a student in college or a training program? What additional services and supports can a youth access when they are attending postsecondary education and training? Appendices Appendix A: Special Education Laws - Slides Appendix B: Who is a Parent? - Rules Appendix C: T.R., Barbara Galarza, A.G. and Margarita Peralta, v. The School District of Philadelphia, 2:2015cv04782 (E.D. Pa. August 21, 2015) Complaint Appendix D: Worksheet #1: Employment Appendix E: Worksheet #2: Postsecondary Education & Training Appendix F: Worksheet #3: Independent Living xvi

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