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

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. 2011-12 Cuts Hit Poorer Districts Hardest... 10 J. Effects of Massive State Cuts... 10 K. Formula Abandoned... 11 L. Basic Education Funding Commission Formula... 12 M. Effect of New Formula... 12 II. Continuing Problem: Charter Tuition Calculations... 13 Section 2 History of Public School Funding Litigation in Pennsylvania... 15 A. Pennsylvania s Constitution - Article III, Section 14... 17 B. Litigation... 17 1. Teachers Tenure Act Cases (1938)... 17 2. Danson v. Casey (1978)... 18 3. Bensalem Township School District v. Commonwealth (1987)... 19 4. School District of Wilkinsburg v. Wilkinsburg Education Association (1995)... 20 5. Pennsylvania Association of Rural and Small Schools v. Ridge (PARSS) (1999)... 21 6. Marrero v. Commonwealth (1999)... 24 C. Current Litigation...25 ix

Section 3 William Penn SD et. al. v. Pa. Dept. of Education et. al. (Pa. Commw. Crt., 2014)... 27 I. Summary of Petition for Review... 29 II. William Penn School District, et al., v. Pennsylvania Department of Education, et al., No. 587 (M.D.2014) - Opinion... 31 Section 4 Racial Bias in Pennsylvania s Funding of Public Schools... 47 David Mosenkis Section 5 Lifting All Students: Why Pennsylvania Must Act Now to Fairly Fund Public Education and Secure Our Future... 53 The Campaign for Fair Education Funding I. The Way Pennsylvania Funds Public Schools Isn't Working... 57 II. What's At Stake?... 58 A. The Widest Funding Gap in the Country... 58 B. Money Matters when it comes to Student Performance... 58 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... 60 V. What These Two Funding Proposals Mean for Representative School Districts Across the State... 61 A. Allentown City School District Lehigh County... 61 B. Connellsville Area School District - Fayette County... 61 C. Mifflin County School District - Mifflin County... 61 D. Otto-Eldred School District - McKean County... 62 E. Pocono Mountain School District Monroe County... 62 F. William Penn School District - Delaware County... 62 VI. VII. The Numbers Don't Lie, Yet Legislators Are Still Deadlocked on a 2015-16 State Budget... 63 A. Our Economy Requires It... 63 B. The People of Pennsylvania Demand it... 63 The Governor and State Legislature Need to Come Together Now for Public Schools... 64 Appendix - How Budget Proposals Would Affect Pennsylvania School Districts...65 Section 6 Basic Education Funding Commission Report and Recommendations... 85 The Basic Funding Commission I. Current Basic Education Funding Commission Members... 87 II. Executive Summary... 89 III. Factors For a New Basic Education Funding Formula... 91 IV. Weighted Basic Education Student Headcount Equation... 93 x

V. Funding Distribution Number Equation... 93 VI. Final School District Distribution Equation... 93 VII. Recommendations...95 Chapter Two The Ins and Outs of Charter Schools... 99 Section 1 Overview and Outline of Charter School Topics... 101 Kevin M. Mckenna, Esq. I. What is a Charter School?... 103 II. What is a Cyber Charter School?... 103 III. Background on Charter Schools... 103 Section 2 Charter Schools In Pennsylvania - Frequently Asked Questions... 105 David B. Lapp, Esq. I. What is a charter school?... 107 II. What is a cyber charter school?... 107 III. Who can enroll in a charter school?... 107 IV. Can a charter school have different rules for enrollment than a school district?... 107 V. Can a brick and mortar charter school be full?...108 VI. Can a cyber-charter school be full?...108 VII. Can charter schools charge tuition?...108 VIII. Once a student is enrolled in a charter school, must the parent re-apply each year for admission?...108 IX. Can a parent withdraw a child from a charter school at any time?... 109 X. Who can teach children within a charter school?... 109 XI. Do charter schools have to participate in statewide assessments?... 109 XII. Do charter schools have to operate on the same school calendar as other public schools?... 109 XIII. Who is responsible for transporting children to and from charter schools?... 109 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?... 110 XV. Do charter schools have to comply with special education laws?... 110 XVI. Can a charter school suspend or expel a student?... 110 XVII. How are charter schools monitored?... 111 XVIII. When parents feel that charter schools are violating a child's rights, where do the parents complain?... 111 xi

Section 3 Charter School Cases... 113 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)... 115 II. Pennsylvania West Philadelphia Achievement Elementary Charter School v. The School District of Philadelphia and School Reform Commission, No. 31 EM 2014, (Pa. 2014)... 115 III. Pennsylvania Discovery Charter Sch. v. Sch. Dist. of Phila., 111 A.3d 248 (Pa. Commw. Ct. 2015)... 115 IV. Pennsylvania Sch. Dist. of Phila. v. Dep t of Educ., 625 Pa. 418 (Pa. 2014)... 116 V. Pennsylvania Appointment of a Receiver for the Chester Upland School District, Delaware County Court of Common Pleas No. 12-9781... 116 Chapter Three School Discipline: New Strategies in Stemming the School-to-Prison- Pipeline... 119 Section 1 Notice of Language Assistance Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline... 121 U.S. Department of Education Section 2 Dear Colleague Letter from Assistant Secretary for Civil Rights, U.S. Department of Education Charter Schools... 147 U.S. Department of Education Section 3 Discipline Disparities: Myths and Facts...157 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?... 161 The Center for Public Integrity Section 5 Fairness in School Discipline in Pennsylvania: A Guide for Attorneys And Advocates Who Represent Students... 173 Education Law Center Section 6 Beyond Zero Tolerance: Discipline and Policing in Pennsylvania Public Schools... 245 American Civil Liberties Union of Pennsylvania xii

Section 7 Guiding Principles - A Resource Guide for Improving School Climate and Discipline... 289 U.S. Department of Education Section 8 Racial Disproportionality in School Discipline Implicit Bias is Heavily Implicated... 329 Tom Rudd Additional Resources... 339 Chapter Four Special Education & At-Risk Student Populations... 341 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... 343 Juvenile Law Center I. The Role of Courts... 346 A. What Must the Juvenile Court Judge Do?... 346 B. What Should an EDM Do?... 346 C. Who Can be an EDM?... 347 II. The Role of School Districts... 347 A. What Must the Child s School District Do?... 347 B. How Can You Determine which Potential IDEA Parent Can Act for the Child?... 348 C. When Must a School District or EI Agency Appoint a Surrogate Parent?... 348 D. What Should a Surrogate Parent Do?... 349 E. Who Can Be a Surrogate Parent?... 350 III. The Role of Child Welfare and Juvenile Probation Agencies... 351 A. How Can Courts, Child Welfare Agencies, Juvenile Probation Officers, Schools (or Early Intervention Agencies) Work Together to Address This Issue?... 351 IV. Practice Tips For School Districts, Early Intervention Agencies, Child Welfare Staff, Juvenile Probation Officers, Judges, and Attorneys...352 V. Comparison of EDMS and Surrogate Parents...352 Section 2 United States Department of Education Office of Special Education And Rehabilitative Services Memo... 355 I. Background... 357 II. III. Issue #1: Highly mobile children should have timely and expedited evaluations and eligibility determinations... 358 A. Requirements... 358 B. Analysis... 359 Issue #2: Comparable services include services during the summer, such as Extended School Year (ESY) services... 359 xiii

A. Requirements... 359 B. Analysis... 360 IV. Resources... 363 A. Federal Resources... 363 B. Other Helpful Resources... 364 Section 3 Addressing the Unique Needs of Children with Disabilities in Foster Care... 365 I. Additional Resources... 367 Section 4 Orphanages, Training Schools, Reform Schools and Now This?... 369 I. Recommendations to Prevent the Disproportionate Placement and Inadequate Treatment of Children with Disabilities in the Juvenile Justice System... 371 Section 5 Excerpt From Transition Planning For Youth with Disabilities from the Child Welfare System to Adulthood: A Guide for Professionals in Pennsylvania (pgs. 42-59)... 373 Juvenile Law Center Introduction... 375 Table of Contents... 377 E. Meeting Education Needs in Preparation for a Successful Transition... 378 1. What school should youth with disabilities in the child welfare system attend?... 378 2. Can a youth be required to attend an on-grounds school when they are placed in a group home or residential treatment center?... 379 3. Who gets to make educational decisions for a youth in foster care?... 380 4. Does the education decision maker need to enroll the youth in school?. 380 5. Who can act as a general education decision maker for a child in the child welfare system?... 380 6. 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?... 380 7. What if there is no IDEA parent Identified?... 381 8. What is the process for getting an EDM or Surrogate Parent appointed?... 381 9. Who can serve as an EDM or Surrogate Parent?... 382 10. 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?... 382 11. Do all youth in group homes or institutional care need a surrogate parent?... 382 12. What does a Surrogate Parent do?... 383 13. 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?... 383 14. Until what age does a youth need a parent or Surrogate Parent to make regular and special education decisions?... 383 xiv

15. Are all youth with disabilities in foster care eligible for special education services?... 383 16. What is a 504 Accommodations Plan and why would youth need one when they are still in middle or high school?... 384 17. What are the transition planning requirements in the IEP?... 384 18. What areas must be included in the transition plan in the IEP?... 385 19. How do you know if the transition plan is adequate?... 386 20. What is a transition assessment?... 387 21. What is an example of acceptable transition planning goals in the education and training domain?109... 387 22. 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?... 388 23. What is an example of an acceptable transition planning goal in the independent/community living domain?... 388 24. 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?... 389 25. What resources exist in Pennsylvania and nationwide for developing and reviewing a youth's transition plan?... 389 26. What action can be taken if the transition plan is not acceptable under the IDEA?... 390 27. 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?... 390 28. What is the Office of Vocational Rehabilitation (OVR)?... 390 29. How and when can a youth access OVR services?... 391 30. Do all eligible individuals receive OVR services automatically?... 391 31. Are there resources that can help an individual who is having trouble getting services or the right services from OVR?... 391 32. What are examples of services that OVR can provide for a young adult?... 391 33. Are youth with disabilities entitled to graduate with a regular high school diploma?... 392 34. Do youth with disabilities have to participate in state standardized assessment tests, such as the Pennsylvania s System of School Assessment (PSSA)?... 392 35. How long can a youth with disabilities remain in school?... 392 36. What are the benefits to a youth of remaining in school until age 21?... 393 37. 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?... 393 38. Must the school district take steps to ensure that a youth with a disability can participate fully in his or her graduation ceremony?... 393 39. What services can help youth in foster care prepare for postsecondary education and training?... 393 40. Can youth with disabilities receive special education services after they graduate high school?... 394 41. Can youth request 504 Accommodation Plans when they go to college or attend a postsecondary training program?... 394 xv

42. How can you get a 504 Plan for a student in college or a training program?... 395 43. What additional services and supports can a youth access when they are attending postsecondary education and training?... 395 Appendices... 397 Appendix A: Special Education Laws - Slides... 399 Appendix B: Who is a Parent? - Rules... 407 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... 415 Appendix D: Worksheet #1: Employment... 451 Appendix E: Worksheet #2: Postsecondary Education & Training... 455 Appendix F: Worksheet #3: Independent Living... 459 xvi

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