My Son

My Son

Tuesday, November 26, 2013

Democrats call on Missouri education commissioner to resign UPDATED with DESE reaction - KansasCity.com

Democrats call on Missouri education commissioner to resign UPDATED with DESE reaction - KansasCity.com

Missouri Sen. Paul LeVota has called on Missouri Education commissioner Chris Nicastro to resign.

In a statement, also signed by St. Rep.Genise Montecillo, he said:
“Dr. Chris Nicastro has demonstrated a troubling tendency to abuse power. The recent revelations concerning her involvement in overruling Missouri Department of Elementary and Secondary Education staff to secure a more favorable cost estimate for a ballot measure being proposed by a special interest group is just the latest example...
“We believe the faith that Missourians once had in DESE has been shattered.”
LeVota and Montecillo are Democrats.
Nicastro has been accused of working with well-known conservative activistRex Sinquefield on a ballot measure related to education.
UPDATE:
This, from Peter Herschend, president of the Missouri State Board of Education:
“Commissioner Nicastro’s review of this petition was nothing out of the ordinary. Department staff performed routine consultation on this measure just as when staff consulted on charter school legislation with Rep. Montecillo during the 2013 session.”

Read more here: http://www.kansascity.com/2013/11/26/4651393/democrats-call-on-missouri-education.html#storylink=cp
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Can the School Expel My Son? - Wrightslaw

Can the School Expel My Son? - Wrightslaw

Question 
"Our son is almost 16 years old and is still in the 8th grade. He was diagnosed with ADHD when he was 5. Recently, he was evaluated by a psychologist who found that he has serious learning disabilities. He takes medication and sees a psychologist."

"The school is aware of his diagnosis but have never offered any help."

"Our son has been suspended several times this year - recently, he was suspended for 10 days. The school sent us a letter that they plan to expel him for the rest of the year."
"What did he do wrong? He did not fight or sell drugs. He went home after school with a friend in a car without getting permission first." 

"We have always supported the school but this isn't right. He is so far behind and feels so hopeless about school - if they expel him, I'm afraid he will drop out."

"
Can the school expel our son for this offense? Are they just trying to get rid of him? What should we do next?"

Answer
You say the school is aware that your son has ADHD and learning disabilities. He has long-standing academic problems. The school has retained him. Despite evidence that he has a disability that is adversely affecting his educational performance, the school has not offered to evaluate him nor have they provided any special education services. 

After suspending him several times, they decided to expel him. His "offense" is not related to weapons or drugs. He isn’t a danger to himself or others. You ask, “Can they do this?”

Yes, they can do this if you, the child's parents, don’t know his right and your rights or don’t know how to assert your rights. If the school has not evaluated your son or found him eligible for special education, it’s unlikely that you know these rights.

Here are some general suggestions about how to proceed. 

Get Your Emotions Under Control

Read our article, Emergency! Crisis! Help! In this article, you will learn what to do (and not do) when you are in the middle of a crisis, and how to make short-term and long-term plans.

Consult with an attorney who is knowledgeable about special education issues
.
An attorney can help you decide how to proceed, given the law in your state or jurisdiction.

How to Find an Educational Consultant, Advocate, Attorney offers strategies to find an advocate or attorney who represents children with disabilities.

For a list of parent attorneys, visit the Yellow Pages for Kids with Disabilities for your state and the Council of Parent Attorneys and Advocates website.

Talk to your son’s psychiatrist and psychologist.

To deal with the school, you need help from outside experts who know your son. Because the school retained your son and did not provide him with special education services, he has fallen far behind his peers. To master the necessary skills to succeed in life, he will need intensive educational help. What are his educational needs? How can these needs be met? 

Write a letter to the school advising them that you do not agree to the expulsion
.

Use the letter you sent to us as the basis for your letter. Describe the problem and your concerns about your son. In your letter, do not point fingers or blame the school overtly. More advice about letter writing and sample letters.
Learn about your son's and your parental rights and responsibilities.

Here is some general information to help you get started. 
* Read the discipline section of the Individuals with Disabilities Education Act. Discipline is in Section 1415(k).
 
Our book, Wrightslaw: Special Education Law, includes the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Family Educational Rights and Privacy Act, all implementing regulations, and decisions issued by the U. S. Supreme Court in special education cases.

* Read Frequently Asked Questions About Discipline from the Office of Special Education Programs (OSEP)
* Read the decision in Community School District No. 93 v. John F. - this case has similarities to your son's situation. Decision in PDF. Decision in MS Word. 
Learn how to be an effective advocate for your son.

Our Advocacy page includes dozens of articles that will help, including:
Advocating for Your Child - Getting Started. Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools.
From Emotions  to Advocacy - The Parents Journey - Strong emotions cause parents to react, often with damaging results. Don't shoot yourself in the foot. If you are having problems with the school, use your head. 

Discipline of Children with Special Needs by William B. Reichhardt, Esq. - Wrightslaw

Discipline of Children with Special Needs by William B. Reichhardt, Esq. - Wrightslaw

Note: Bill Reichhardt presented this program about discipline of students under IDEA or Section 504 at the 2013 Institute of Special Education Advocacy.
Our starting point is children who have been identified as having a disability under IDEA or Section 504.
Students who have not yet been determined eligible under IDEA prior to the misconduct may invoke the procedural and due process protections if it is later determined that they were eligible at the time of the misconduct.
The school is deemed to have knowledge of a child’s disability if:
  • The parent has expressed written concern that the child may need special education services.
  • The school notes pattern of behavior or performance that indicates a need for special education services.
  • The parent has requested an evaluation for eligibility for special education services.
Short and Long term Suspensions
  • Short term suspension – up to 10 consecutive school days or 10 cumulative school days in a year.
  • Long term suspension – more than 10 consecutive school days.
  • Expulsion: 365 days.
Ten Day Rule
  • A special education student can be removed to an appropriate interim alternative educational setting for not more than 10 consecutive dayswithout this removal being considered a change of placement.
  • Be aware of patterns of short-term removals that act as placement changes. May be called something different – a placement that is not his placement in the IEP.
Continuation of Services
This is an area of law that continues to cause confusion. Some schools believe they don’t need to provide any instruction while the child is suspended or expelled. Or schools believe that because he’s suspended, they can change placement.
School districts must continue to provide educational services for special education students who have been suspended for more than 10 days or have been expelled.
What is a Change of Placement?
A change of placement occurs when:
– child has been removed from more than 10 consecutive school days; or
– the child has been subjected to a series of removals that constitute a pattern -
  • Series of removals total more than 10 school days in the school year
  • The child’s behavior is substantially similar to previous incidents of removal
  • Consider total amount of time/proximity of removals
In-School Suspensions
In school suspension may not be considered a change of placement triggering due process if:
– The student is afforded opportunity to progress in the general curriculum
– the school continues to provide services under the IEP
– student continues to participate with nondisabled students to the same degree
Manifestation Determination Review (MDR)
  • If the child is faced with expulsion or long term suspension (over 10 days), the school must determine whether the behavior is a manifestation of the child’s disability.
  • If a manifestation, the disciplinary suspension must end and the behavior must be addressed through the IEP process
  • MDR must be done within 10 days from the date of the suspension/expulsion decision (removal of the child from the placement)
  • MDR is done by the IEP team
Special Circumstances when a MDR is not Required
The student may be removed to an interim alternative educational setting for not more than 45 school days without a MDR if:
– The student is in possession of a weapon at school, on school premises or at a school activity.
– The student knowingly possesses, uses, sells or distributes illegal drugs while at school or school functions.
– The student has inflicted serious bodily injury on another person at school or on school premises.
Criteria for the MDR
The behavior for which the child is being disciplined was caused by, or had a direct and substantial relationship to, the child’s disability, and /or
The behavior was the direct result of the schools failure to implement the IEP.
If the Behavior is a Manifestation of the Child’s Disability:
  • The school must either – conduct a functional behavioral assessment (FBA) and implement a behavior intervention plan (BIP) or
  • If a BIP has already been developed, review the plan and modify as needed.
If the Behavior is not a Manifestation of the Students Disability
If the behavior was not a manifestation of the students disability, the student is subject to the same discipline for misconduct as children without a disability – however, the student must continue to receive education services to allow the child to progress under the IEP.
Preparing for the MDR: Marshalling the Evidence
  • Quickly obtain the discipline packet from the school – incident report, student’s statement, witness statements, teacher summaries etc. (ask about video tape).
  • Review all current evaluation material for the student (school /private testing); prior FBAs, BIPs
  • Identify potential experts – therapists, physicians etc. – get releases
Basics of Defending the MDR
  • Have a thorough understanding of the nature and scope of the student’s disability.
  • See how the school has previously described the manifestation of the student’s disability- in the IEP, FBA, BIP.
  • Objectively assess the defense of the MDR. Do not stretch credibility.
Preparing Expert Input for the MDR
  • Experts such as a child’s therapist or physician should have a clear understanding of the criteria for the MDR.
  • Give experts a copy of the incident report and student statement(s).
  • In giving written or verbal input, expert should reference specific facts of the incident and link to the child’s disability using the MDR criteria.
MDR Tactics from the Trenches
1. If you need more time to gather existing relevant evidence, offer to do a written waiver of the 10 day rule.
2. If refused, offer the waiver in writing and cite the reason. This could help you on appeal.
3. If your experts are helpful, get releases for them to speak to the school about the MDR criteria, in addition to written submissions.
4. If you have a good defense,  turn the MDR into a collaborative problem solving effort. Focus on “ direct substantial relationship.”
5. Prepare your response to the “intentional misconduct” argument by school personnel who “don’t believe in special ed.”
Behavior Intervention Plans
Should be written and should describe specific positive behavioral interventions.
Are used to help a student with behavioral problems function in the least restrictive environment.
Should be made part of the student’s IEP (but not required).
Expedited Due Process Hearing
Parent may request if:
  • Contest “non causal” MDR finding
  • Disciplinary placement decision
School may request if child is dangerous in current setting.
Common Appeal Issues in Discipline Cases
  • Findings and Procedures in the Manifestation Determination Review (MDR).
  • Denial of FAPE by extended homebound exclusion without adequate services.
  • Failure to provide FAPE in an alternative learning environment.

School Learns Lessons After "Scream Room" Investigation | NBC Connecticut

School Learns Lessons After "Scream Room" Investigation | NBC Connecticut

A year and a half after a “scream” room investigation at Farm Hill Elementary School in Middletown, the Superintendent of Schools said the staff has been completely retrained, and school policies reevaluated.
Dr. Patricia Charles said educators at Farm Hill have been working with the State Department of Education to learn how to deescalate a child’s behavior before resorting to seclusion, a process in which children are placed in empty rooms and monitored by an adult until the child calms down.
“We do still have the rooms at Farm Hill School,” said Dr. Charles, who was hired after the allegations first came to light.
In 2012, Farm Hill School parents complained of children coming home and describing screaming students being dragged into seclusion rooms in the school. Investigations by the State Department of Education, Department of Children and Families, Office of Protection and Advocacy for Persons with Disabilities, and Office of the Child Advocate concluded that staff were not notifying parents regularly when a child was placed in the room.
The investigation found huge holes in state-mandated documentation of the use of the rooms. The investigations also revealed that of the 15 children placed in seclusion that school year, only four had individualized educational programs in which parents were aware of the use of that technique.
A federal investigation by the U.S. Department of Education’s Office for Civil Rights is ongoing.
“We wanted to make sure we were doing it correctly, the State wanted to make sure we were doing it correctly, and so together, through their guidance, we've been able to put together a good plan so we don't end up with those same issues again,” Dr. Charles said.

Monday, November 25, 2013

Embattled Ferguson-Florissant superintendent had spoken out on school choice : News

Embattled Ferguson-Florissant superintendent had spoken out on school choice : News

Art McCoy stood in front of legislators a few months ago in a small auditorium at St. Charles Community College, offering a controversial idea to help kids in failing schools — choice.
The superintendent of the Ferguson-Florissant School District was one of many educators and school district officials who spoke to members of the Missouri House that September afternoon. But some of his ideas about a student transfer law were in stark contrast to theirs.
McCoy, 36, offered this fix: With a combination of school choice, capped tuition and more comprehensive solutions for unaccredited schools, area school districts could handle more than 15,000 transfer students, he told them. That would be more than five times the amount of students transferring this year under the law upheld in June by the Missouri Supreme Court.
At that hearing and another that evening, three members of the Ferguson-Florissant School Board watched from the audience. So did area superintendents and teacher union groups.
“I remember thinking, I wonder if his board agrees with him,” said Don Senti, a former superintendent who directs Cooperating School Districts of Greater St. Louis. “Some of the things he said were pretty far out there.”
Members of the School Board won’t elaborate on the “differences in focus and philosophy” that were cited as their reasoning to suspend McCoy this month.
What’s known is that for more than a year, McCoy has been appearing at numerous public meetings and before state commissions taking stances on issues that are contrary to those of most of the state’s superintendents and school boards.
McCoy’s suspension comes as a broader fight is intensifying statewide over school choice and how to best help children in troubled schools.
Since the high court ruling, McCoy has worked to welcome transfer students to his district at a time when the academic performance of his school system is slipping. His actions have resulted in his district’s absorption of 430 students from the unaccredited Normandy and Riverview Gardens districts.
Some say McCoy’s toughness on teachers has created tensions with board members backed by the Missouri National Education Association. Others say his openness to school choice has contributed to his falling out with the Ferguson-Florissant board.
But Ferguson-Florissant board leaders Paul Morris and Chris Martinez dismissed any connection between McCoy’s suspension and his positions on school choice.
“Just because Dr. McCoy may have wanted to have some kind of conversation in the public or in the board room about what some might consider really different ideas ... it’s not at all about that,” Martinez said.
A NEW BOARD
McCoy was placed on administrative leave Nov. 6 by a 6-1 vote of the School Board. Almost immediately, a firestorm erupted in the 11,500-student district.
Parents began questioning the motives behind the board, made up of six white and one Hispanic member. McCoy is the first African-American superintendent of the district, which has majority black enrollment.
The St. Louis chapter of the NAACP is exploring whether racism played a role. A crowd of about 1,500 parents, students and district residents packed into a high school gymnasium on Nov. 13 to question the board’s decision.
Since the vote to suspend McCoy, explanations from the board have been limited, but have hinted at problems within the district.
Morris, the board president, has said “our concerns regarding compliance with board directives are significant enough to warrant action.” Initially, the board released a statement about the leave stating it was not an indication of wrongdoing.
McCoy assumed the role of superintendent at a time of turnover on the School Board. Most of the members who voted to hire him are no longer on the board.
Three current board members – Rob Chabot, Morris and Martinez – were elected with the backing of the teachers union in April 2011. At the time, McCoy had been hired as superintendent, but had not started in the position.
Some say McCoy’s difficulties with the board are at least partly centered on his relationship with Morris.
Morris is a former teacher who had resigned in 2010 from one of the district’s high schools, McCluer North, and was a longtime active member of the teachers’ union. He left teaching after Principal Shane Hopper confronted him about using district property and purchase orders for personal use, as well as ordering items without prior approval.
Morris admitted to minor violations in his resignation letter. But he contended that Hopper sought to get rid of him because he had questioned several of the principal’s decisions.
At the time, McCoy was an assistant superintendent overseeing high schools.
Former School Board member Chuck Henson believes Morris has a personal vendetta against McCoy. Henson said Morris asked him not to vote for McCoy.
“Paul did everything he could to try to figure out a way to get Dr. McCoy out,” Henson said.
Morris said the accusation of trying to oust McCoy for personal reasons is completely false. He reiterated the vote to place McCoy on paid administrative leave was 6-1.
“I couldn’t have orchestrated that,” Morris said.
WELCOMING TRANSFERS
McCoy’s future with the district remains uncertain.
The board has given no indication of whether it will ultimately fire him. McCoy has not spoken publicly about the details surrounding his suspension, or whether he will resign. He has been spending time with his family, said a supporter who’s been in touch with him.
On Friday, the Missouri Department of Elementary and Secondary Education reported it had found that someone had tampered with the district’s attendance figures reported to the state in 2012. That could result in a loss of $80,000 for the district. But the department did not indicate who was responsible.
In recent years, McCoy has been viewed by many as a rising star in the state’s education establishment. In 1997, when he was 19, he was thought to be the state’s youngest certified teacher.
He eventually became an administrator in the Rockwood School District, where he oversaw the program that allowed African-American students from St. Louis to transfer to suburban schools under the voluntary desegregation agreement.
At Ferguson-Florissant, he showed a willingness to accept transfer students even before the Missouri Supreme Court had upheld their legality.
In 2011, when other area superintendents were turning away students from unaccredited districts, Ferguson-Florissant officials became aware that several students from Riverview Gardens were attending their schools, said Les Lentz, on the board at the time. After the district confirmed their residency, McCoy and the board chose to look the other way and not send them back, Lentz said.
“If that kid was getting an education, that’s what counted,” Lentz said.
McCoy’s openness to transfers has continued this year. The district has spent $400,000 to add 15 teachers and teacher assistants to accommodate the transfers. It has done so even as most school districts have resisted spending tuition payments from Normandy and Riverview on additional staff or programs.
McCoy, in contrast, helped raise private funds to provide transfer students with bus transportation. The district also has used existing programs to help students who need food, or money to keep the utilities on at their home.
State Rep. Steve Cookson, R-Poplar Bluff, who chaired the interim House committee on education, said he specifically invited McCoy to speak at the September hearings.
“Sometimes it’s tough if you want to do what’s best for children and get outside the mainstream establishment of education,” Cookson said. “If you don’t walk just lockstep with them, that can be difficult. And dangerous.”
Jessica Bock covers K-12 education for the Post-Dispatch. Follow her on twitter @jessicabock

Saturday, November 23, 2013

St. Louis Public Schools to pay state for attendance fraud - St. Louis Business Journal

St. Louis Public Schools to pay state for attendance fraud - St. Louis Business Journal

St. Louis Public Schools will reimburse the Missouri Department of Elementary and Secondary Education $145,000 for funds it received due to attendance fraud.
An audit in 2011 found that the principal of Patrick Henry Downtown Academy had directed the school secretary to alter attendance records in 2008, 2009 and 2010., the St. Louis Post-Dispatch reports. The altered attendance numbers helped the school meet federal No Child Left Behind requirements and allowed the school to receive state funding.

Bloated attendance data could cost Ferguson-Florissant schools $80,000 : News

Bloated attendance data could cost Ferguson-Florissant schools $80,000 : News

Results released Friday from a state review of attendance data in Ferguson-Florissant show that someone in the school district made changes in August 2012 that increased the student attendance rate.
But what state and district officials haven’t said is who was responsible.
Student attendance is a factor in the formula that calculates how much money a school district receives from the state. Attendance rates also contribute to a district’s accreditation score.
The findings mean that state officials will now work with the district to make necessary data corrections and recalculate its state aid payment based on the updated attendance numbers. It is estimated the changes could mean a loss of $80,000 this year for the district. The district has an annual budget of about $141 million.
The inquiry followed the controversial suspension of the district’s superintendent, Art McCoy, who has been on paid administrative leave from the district since a Nov. 6 School Board vote. An initial statement from the board said it was not an indication of wrongdoing. On Monday, Ferguson-Florissant School Board President Paul Morris said that the board had received information “serious enough” to be required by law to notify the state education department.
Ron Lankford, a deputy commissioner in the state education department, sent a letter Friday to the district saying the department found information that verified the district’s report of significant alterations to student attendance data on Aug. 6, 2012.
The state review showed that on that date, someone in the district increased the attendance data in files for 3,357 students. The change resulted in about 20,569 more attendance hours than had been previously reported, and an increase in average daily attendance to 10,336 from 10,317.
State education officials plan to work with district staff to make the necessary data corrections. The financial impact will be determined once the adjustments to student attendance data are made. After that, the state department’s role in resolving the issue will be complete, according to a statement released today by the Missouri Department of Elementary and Secondary Education.
For its part, the Ferguson-Florissant School Board plans to continue its investigation into the matter. The board met in closed session Friday morning, but no decisions have been made as a result of the letter, district spokeswoman Jana Shortt said. No other district employees have been placed on administrative leave related to this issue.
McCoy has not returned messages from reporters about his suspension and the state’s review. But in a letter he wrote to Education Commissioner Chris Nicastro this week, he said he was ready to respond to any allegation or concern that her department was reviewing.
At a town hall meeting in September, McCoy presented information that showed Ferguson-Florissant had a 95.8 percent overall attendance rate in August 2012. For the year, the average was 94.2 percent. The data that was changed would have been for a previous period.
It’s not the first time the state has investigated irregularities in attendance reporting.
Earlier this month, state education officials found evidence that Hope Academy, a charter school in Kansas City, may have inflated attendance and enrollment information.
A state audit also revealed that the principal of Patrick Henry Downtown Academy in St. Louis had orchestrated the alteration of hundreds of attendance records. The department found that it had paid St. Louis Public Schools an excess of $145,000 as a result. The district repaid that money earlier this month.
Elisa Crouch of the Post-Dispatch contributed to this report.
Jessica Bock covers K-12 education for the Post-Dispatch. Follow her on twitter @jessicabock