Measuring Equity

The city is paying for more students with disabilities to attend private school. But is that helping poor families?

PHOTO: Patrick Wall
Mayor Bill de Blasio announces policy changes meant to make it easier for parents of children with special needs to secure city funds for private school tuition.

When Mayor Bill de Blasio announced he would make it easier for children with disabilities whose needs aren’t met in public school to have their private school tuition funded by the city, he said the policy shift would make the special education system more equitable.

Families were put through “a very difficult and often litigious process,” de Blasio said at a 2014 press conference announcing the new policy. He added that the city “needed a streamlined, parent-friendly, family-friendly, respectful approach that didn’t matter how good your lawyers were, or how much money you had to spend on lawyers.” He promised the city would scale back legal barriers that sometimes kept families from getting the city to pay for private placements.

That shift seems to have had a clear effect: As Chalkbeat reported in July, roughly 4,100 students with disabilities were funded by the city to attend private school last year, 42 percent more than in 2011. And fewer families had to fight lengthy battles for that funding: The city settled 49 percent more cases without going through a legal hearing than they did in 2011.

While some advocates see these as positive changes, exactly what kinds of families have benefitted is an open question — one that city officials say their data systems don’t allow them to answer.

In June, Chalkbeat filed a Freedom of Information Law request asking for demographic breakdowns — including socioeconomic status — of students with disabilities whose private school tuition is paid for by the city. The request was an attempt to assess whether the policy was having the effect on equal access that de Blasio promised.

Nearly four months later, after repeated delays, the city has denied that request. The city said it does not collect the socioeconomic status or race of students in the database where it tracks tuition reimbursements.

The state’s open-records law “does not obligate the DOE to match data across computer storage systems,” wrote Joseph Baranello, the education department’s records access officer, in a letter. Baranello noted the city also searched for “previously created compilations of data,” but could not find any.

Baranello’s explanation is based on the state’s open-records law, which requires the city to disclose only records that it already keeps. But it does raise questions about how the city can tell if the policy is having its desired effect without clear data on the question.

Education department spokeswoman Toya Holness said the new policy has made it easier for families of students with disabilities to get appropriate services.

“Several offices across the DOE work closely to process these claims,” she wrote, “and we are always looking for ways to improve our tracking systems.”

Aaron Pallas, a professor at Teachers College, expressed some skepticism about the department’s response to the records request. “You would think the department would want to demonstrate the effects of the policy change,” he said. “One is always suspicious that an agency refuses what seems to be a reasonable request because they won’t like the interpretation of the records.”

Some advocates said that even if the city can’t prove that the policy is serving more low-income families, those it is serving are often having an easier time.

Rebecca Shore, who represents low-income families as litigation director at Advocates for Children, said the administration’s shift has given parents of children with disabilities a more straightforward path to private school by reducing the amount of time and money they have to commit to legal battles.

“The reality is the policy is helping those low-income parents,” she said. “Does that mean it’s equally dispersed? No.”

Speaking Out

How do you find the right school when you have a physical disability? These students will tell you

PHOTO: Cassi Feldman
Midwood High School is considered inaccessible to students with physical disabilities.

For many students, navigating the middle and high school admissions process can be overwhelming because New York City’s choice system allows them to apply to dozens of schools.

But for students with physical disabilities, it can be overwhelming for the opposite reason: Very few schools are completely accessible to them.

A coalition of advocates hope to raise awareness about that gap by hosting a panel discussion and “speak-out” Thursday evening where middle and high school students with physical, vision, and hearing impairments will talk about their experiences making their way through the city’s admissions process.

“A lot of these students end up with really, really limited school options,” said Maggie Moroff, a disability policy expert at Advocates for Children, and who is helping coordinate the event.

In recent months, advocates convinced the city to begin collecting more data to give families a better sense of exactly how accessible each building is, down to its water fountains and cafeteria tables.

“We had schools that are listed as partially accessible, but there’s no accessible bathroom,” Michelle Noris, a member of the Citywide Council on Special Education, told Chalkbeat in March. (Her son has written about his experience navigating the high school admissions process with a disability, and will be one of the student panelists.)

But there is far more work to be done, Moroff said, pointing to a scathing U.S. Department of Justice report which called the city’s accommodations for younger students with physical disabilities “inexcusable.”

“We want others to know about [the issue] and keep the city committed to it and paying attention to it,” Moroff added.

The student panel discussion and speak-out — where members of the general public are invited to share their own stories — is being organized by two advocacy groups, Action for Reform in Special Education (ARISE) and Parents for Inclusive Education. It will take place Thursday from 5-7 p.m. at the Manhattan School for Children. For more information, click here.

second chance

An embattled Harlem charter school that serves kids with disabilities will be allowed to keep its middle school — for now

PHOTO: Alex Zimmerman
Opportunity Charter School

A Harlem charter school will be allowed to keep its middle school next school year, despite the fact that top city education officials have repeatedly ruled that it is too low performing to stay open.

That decision offers at least temporary relief for Opportunity Charter School, which has been embroiled in a dispute with the education department since March. The disagreement centers on whether city officials properly took into account the school’s students — over half of whom have a disability — when it judged the school’s performance.

The city’s education department, which oversees the school as its charter authorizer, tried to close the middle school and offered only a short-term renewal for the high school when the school’s charter came up for review earlier this year. The school appealed that decision, and was denied late last month.

But the education department is backing down from its position — at least for now. That reversal appears to be based mostly on logistics: A Manhattan Supreme Court judge has temporarily blocked the closure through at least mid-July in response to a lawsuit filed by the school and some of its parents last month, complicating the process of finding students new schools outside the normal admissions cycle.

“Students always come first, and given where we are in the school year, we will allow the middle school grades to remain open in 2017-18,” education department spokesman Michael Aciman wrote in an email on Thursday. Still, he noted, the department will continue to push to close the middle school in the future.

Kevin Quinn, a lawyer representing Opportunity Charter, said the city’s decision was the only responsible one, given that the school has already held its admissions lottery and made offers to parents.

“This is a wise decision by the [education department],” Quinn wrote in an email, “and [we] appreciate their acknowledgment that placement of this population at this time would be significantly disruptive.”