Decision day

Judge: Douglas County schools must pay private school tuition for student at center of special education lawsuit

PHOTO: Creative Commons / supermac1961

A federal judge ruled Monday in favor of a Douglas County couple who’d sought reimbursement from the Douglas County School District for their son’s education at a private school for students with autism.

In the latest chapter of a landmark special education case, U.S. District Judge Lewis Babcock ordered the 68,000-student district to reimburse the student’s parents for the cost of his placement at the private school as well as attorney fees and litigation costs, according to the Denver Post.

The couple’s attorney estimated the amount the district owed was “in the seven figures,” according to the Post.

The couple said in an email Tuesday morning they were “very pleased” with the district court ruling,

“It is unfortunate this case ever got to this point, frankly,” they wrote. “Our attorney reached out many times over the past 8+ years in an attempt to speak and potentially settle this case out of court, but the school district time and again rejected our overtures to sit down and talk.”

Nearly a decade ago, the couple pulled their fourth-grade son, Endrew, out of his Douglas County elementary school after years with little educational progress. They placed him at a specialized school in Denver — Firefly Autism House — where they saw immediate improvements. Tuition at the school is more than $70,000 a year.

In 2011, they sued the school district in a case known as Endrew F. v. Douglas County School District. Three courts ruled against them before they took their case to the U.S. Supreme Court in 2017.

Monday’s decision comes almost a year after the high court ruled in favor of the couple, saying the Douglas County district had not provided Endrew with a free and appropriate education as mandated by federal law.

While the Supreme Court ruling was hailed as a momentous decision with enormous significance for millions of students with disabilities across the country, it kicked the question of whether the district should repay the family for years of private school back to the lower court. After seven years in the legal system, that question was answered Monday.

The Douglas County School District issued a two-sentence statement in response to the ruling, saying in part, “Earlier today, the District Court issued its ruling in the Endrew F. case. We are in the process of assessing the ruling, along with next steps.”

In their email Tuesday, Endrew’s parents — Joe and Jennifer — said, “Even after the strongly worded unanimous ruling from the U.S. Supreme Court in early 2017, (the district) still stood steadfast in their belief (and made the exact same argument again at the district court last week) that the education they provided – a ‘merely more than de minimis’ education (or barely more than nothing), was good enough.  It’s not good enough, nor has it ever been.”

They added, “Our attorney, Jack Robinson, summed it up perfectly in both our reply brief to the court, and again during the oral argument last week: ‘The school district still just does not get it.’ Hopefully now they do.”

Throughout the case, Jennifer and Joe asked that their last name not be used to protect their family’s privacy.

Read more about Joe and Jennifer’s long journey to the Supreme Court here and their frustration at being portrayed as a school choice success story by U.S. Secretary of Education Betsy Devos here.

temporary reprieve

Parents score a temporary victory in slowing the closure of a small Brooklyn elementary school

PHOTO: Alex Zimmerman
Protesters gathered at the education department's headquarters to protest a recent set of closure plans.

A judge blocked the closure of a small Brooklyn elementary school Thursday — at least for now.

Three families from P.S. 25/the Eubie Blake School filed a lawsuit in March backed by the public interest group Advocates for Justice, arguing the city’s decision to close the school was illegal because the local elected parent council was not consulted.

Brooklyn Supreme Court judge Katherine Levine did not make a final ruling Thursday about whether the closure plan violated the law. But she issued a temporary order to keep the school open while the case moves forward.

It was not immediately clear when the case will be resolved or even if the school will remain open next year. “We are reviewing the stay and will determine an appropriate course of action once the judge makes a final decision on the case,” education department spokeswoman Toya Holness wrote in a statement.

The education department said the school has hemorrhaged students in recent years and is simply too small to be viable: P.S. 25 currently enrolls just 94 students in grades K-5.

“Because of extremely low enrollment, the school lacks the necessary resources to meet the needs of students,” Holness wrote. The city’s Panel for Educational Policy, a citywide oversight board that must sign off on all school closures, voted in February to close the school.

But the school’s supporters point out that despite low test scores in the past, P.S. 25 now ranks among the city’s top elementary schools, meaning that its closure would force students into lower-performing schools elsewhere.

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”

The lawsuit hinges on a state law that gives local education councils the authority to approve any changes to school zones. Since P.S. 25 is the only zoned elementary school for a swath of Bedford-Stuyvesant, the department’s plans would leave some families with no zoned elementary school dedicated to educating them, forcing students to attend other district schools or enter the admissions lottery for charter schools.

That amounts to “effectively attempting to change zoning lines” and “unlawfully usurping” the local education council’s authority to determine those zones, according to the lawsuit.

But even if the education department loses the lawsuit, the school’s fate would still be uncertain. The closure plan would theoretically be subject to a vote from the local education council, whose president supports shuttering the school.

Still, Haimson hopes the lawsuit ultimately persuades the education department to back away from closing the school in the long run.

“My goal would be to get the chancellor to change his mind,” Haimson said. “I don’t think the future is preordained.”

Future of Schools

Four school leaders hope to bring innovative ideas to Indianapolis education

PHOTO: Dylan Peers McCoy
Brandon Brown introduces four new innovation school fellows.

Hoping to jumpstart innovation in Indianapolis education, four experienced educators will spend a year or more developing new models for schools.

The educators were chosen from among 39 applicants for fellowships from the Mind Trust, a nonprofit that supports district-charter partnerships. This is the fifth round of innovation fellowships, which give leaders one to two years to prepare to launch or takeover schools in Indianapolis Public Schools.

The fellowship includes an annual salary of about $100,000, benefits, and support for creating new schools, such as visits to other schools, training, and legal assistance. The package for each fellow is worth approximately $200,000 per year.

The city has 16 innovation schools, and they enroll about 20 percent of the students in Indianapolis Public Schools. They are under the umbrella of the district, but they are managed by outside charter operators or nonprofits, and most of the teachers are not employed by the district nor do they belong to the teachers union. The Mind Trust has been instrumental in the creation of innovation schools, and the vast majority of the schools were founded with support from the nonprofit.

The innovation fellowship winners include two people from Indianapolis and two recruits from other cities. But in a sign that the nonprofit’s leaders have become more cautious in their choices, all four have years of experience in education.

Brandon Brown, CEO of the Mind Trust, said that’s by design. About four early innovation fellows never ended up opening innovation schools. But all of the recent winners have either opened schools or are on track to open them, he said.

Candidates are much more likely to be successful, he said, if they have the entrepreneurial spirit to create their own nonprofits and win community support — and have experience in education.

“There’s this notion that if you’re a great entrepreneur, you don’t have to have the unique skill set to know education and [yet] you can go operate a school,” Brown said. “We’ve learned that that’s a very rare thing to see.”

While the winners have all worked in established schools, however, Brown said they are trying new models.

Tihesha Henderson, principal of School 99, won a fellowship to develop a school designed to meet the social and emotional needs of students. She will take a yearlong leave from her current job and hopes to return and transform School 99 into an innovation school.

Henderson envisions a school that adjusts to meet student needs, whether through therapy, small classes, or classroom redesign. School 99 already has significant flexibility, but as an innovation school, Henderson would be able to change the school calendar and set teacher pay, she said.

“We don’t have to be the status quo,” she said. “We can branch out and do some things differently, but it all comes back to — are we meeting out kids needs?”

The other fellows are Alicia Hervey, dean of student development for Christel House Academies; Kim Neal, managing director of secondary education for the charter school network KIPP DC; and Brandy Williams, an expert in special education from New Orleans.

Although innovation schools are considered part of Indianapolis Public Schools, they also often have charters through the office of Mayor Joe Hogsett. The collaborative nature of the schools was on display at the announcement Thursday, where Hogsett, Superintendent Lewis Ferebee, and Brown all spoke.

The innovation schools, said Ferebee, are part of a broader district strategy to give principals more flexibility to run their schools.

“We hire great leaders, get out of their way and give them the space and agility to make decisions about academics [and] operations to better serve our students and our families,” he said.

The city’s reputation in the education community is helping it attract educators from across the country, said Hogsett.

“They know our city is one where they can make a difference,” he said. “Indianapolis welcomes their passion with open arms.”