PAYOUT

Douglas County district pays $1.3 million to settle landmark special education case

Dougco headquarters in Castle Rock (John Leyba/The Denver Post).

The Douglas County School District has paid $1.32 million to settle a long-running special education case brought by a couple who sought reimbursement from the district for their son’s education at a private school for students with autism.

The payment, made to the law firm representing the couple in May, represents the last chapter in a landmark special education case known as Endrew F. v. Douglas County School District. The case lasted for seven years, leading to a 2017 U.S. Supreme Court decision that raised the standard schools must meet in educating students with disabilities.

“The settlement really just eliminates any uncertainty there may have been about the importance of the Endrew F. decision,” said Meghan Whittaker, policy and advocacy manager for the National Center for Learning Disabilities.

She expects the settlement to spur greater awareness about the higher standard and increased public investment in educating students with disabilities.

Jennifer and Joe, the parents of Endrew F., the student at the center of the case, declined to comment on the settlement when reached by email this week.

In February, they said their attorney had reached out to school district officials numerous times over the years with offers to talk and potentially settle the case out of court, but that the district rejected those overtures.

Chalkbeat requested the 2-page settlement agreement under the Colorado Open Records Act, but district officials declined to provide it, citing a confidentiality agreement between the two parties.

The seeds of the Endrew F. case were planted about a decade ago when Jennifer and Joe pulled Endrew, then a fourth-grader, out of his Douglas County elementary school after years of stalled 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, Jennifer and Joe sued the school district for tuition reimbursement, arguing that Endrew had not received a fair and appropriate education in Douglas County schools as required by federal law. Three courts ruled against the family before the case reached the U.S. Supreme Court.

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

While the unanimous 2017 U.S. 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.

In February, a federal judge ruled that the district owed the family for tuition and legal costs. According to district officials, the district reached an agreement for the $1.32 million payment on April 19 with the school board’s authority. The money came out of the district’s general fund.

In recent months, public and private groups have released new resources to help school district leaders and parents understand and act on the Endrew F. decision. In December, the U.S. Department of Education put out a nine-page Q&A on the topic.

In early 2018, the National Center for Learning Disabilities put out the Endrew F. Advocacy Toolkit for parents. The downloadable toolkit, which has been accessed 30,000 times so far, outlines the process for advocating for students with disabilities and improving their individualized learning plans.

Whittaker said the Endrew F. settlement signals to both parents and school officials the importance of working together to craft such plans.

“The focus here needs to not be on future cases and parents suing school districts but providing students with the services they need now,” she said.

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.

Controversy

Boundary lines of proposed South Loop high school drive wedge between communities

PHOTO: Cassie Walker Burke
About 30 speakers weighed in on a boundary proposal for a new South Loop high school at a public meeting at IIT.

The parent, wearing an “I Love NTA” T-shirt, said it loudly and directly toward the end of the public comment section Thursday night. “It sickens me to be here today and see so many people fighting for scraps,” said Kawana Hebron, in a public meeting on the boundaries for a proposed South Loop high school on the current site of National Teachers Academy. “Every community on this map is fighting for scraps.”

The 1,200-student high school, slated to open for the 2019-2020 school year near the corner of Cermak Road and State Street, has become a wedge issue dividing communities and races on the Near South Side.

Supporters of NTA, which is a 82 percent black elementary school, say pressure from wealthy white and Chinese families is leading the district to shutter its exceptional 1-plus rated program. A lawsuit filed in Circuit Court of Cook County in June by parents and supporters contends the decision violates the Illinois Civil Rights Code. 

But residents of Chinatown and the condo-and-crane laden South Loop have lobbied for an open-enrollment high school for years and that the district is running out of places to put one.

“I worry for my younger brother,” said a 15-year-old who lives between Chinatown and Bridgeport and travels north to go to the highly selective Jones College Prep. She said that too many students compete for too few seats in the nail-biting process to get into a selective enrollment high school. Plus, she worries about the safety, and environment, of the schools near her home. “We want something close, but good.”

PHOTO: Courtesy of Chicago Public Schools
The “general attendance” boundary for the proposed South Loop high school is outlined in blue. The neighborhoods outlined in red would receive “preference,” but they would not be guaranteed seats.

One by one, residents of Chinatown or nearby spoke in favor of the high school at the meeting in Hermann Hall at the Illinois Institute of Technology. They described their long drives, their fearfulness of dropping off children in schools with few, if any, Chinese students, and their concerns about truancy and poor academics at some neighboring open-enrollment high schools.

But their comments were sandwiched by dissenting views. A member of South Loop Elementary’s Local School Council argued that Chicago Public Schools has not established a clear process when it comes to shuttering an elementary and spending $10 million to replace it with a high school. “CPS scheduled this meeting at the same time as a capital budget meeting,” she complained.

She was followed by another South Loop parent who expressed concerns about potential overcrowding, the limited $10 million budget for the conversion, and the genesis of the project. “It’s a terrible way to start a new high school – on the ashes of a good elementary school,” the parent said.

The most persistent critique Thursday night was not about the decision to close NTA, but, rather, of the boundary line that would determine who gets guaranteed access and who doesn’t. The GAP, a diverse middle-class neighborhood bordered by 31st on the north, 35th on the South, King Drive to the east and LaSalle Street to the west, sits just outside the proposed boundary. A parade of GAP residents said they’ve been waiting for decades for a good option for their children but have been locked out in this iteration of the map. Children who live in the GAP would have “preference” status but would not be guaranteed access to seats.

“By not including our children into the guaranteed access high school boundaries – they are being excluded from high-quality options,” said Claudia Silva-Hernandez, the mother of two children, ages 5 and 7. “Our children deserve the peace of mind of a guaranteed-access option just like the children of South Loop, Chinatown, and Bridgeport.”

Leonard E. McGee, the president of the GAP Community Organization, said that tens of millions in tax-increment financing dollars – that is, money that the city collects on top of property tax revenues that is intended for economic development in places that need it most – originated from the neighborhood in the 1980s and went to help fund the construction of NTA. But not many of the area’s students got seats there.

Asked how he felt about the high school pitting community groups against each other, he paused. “If we’re all fighting for scraps, it must be a good scrap we’re fighting for.”

The meeting was run by Herald “Chip” Johnson, chief officer of CPS’ Office of Family and Community Engagement. He said that detailed notes from the meeting will be handed over to the office of CEO Janice Jackson. She will make a final recommendation to the Board of Education, which will put the plan up for a vote.

departures

As fate of ‘Newark Enrolls’ is debated, top enrollment officials resign

PHOTO: Patrick Wall

The top officials overseeing Newark’s controversial school-enrollment system have resigned just weeks after the school board blocked the new superintendent from ousting them.

Their departure creates new uncertainty for Newark Enrolls, one of the few enrollment systems in the country that allows families to apply to district and charter schools through a single online portal. Proponents say the centralized system simplifies the application process for families and gives them more options, while critics say it undermines traditional neighborhood schools while boosting charter-school enrollment.

Gabrielle Ramos-Solomon, chief of the Newark Public Schools division that includes enrollment, and Kate Fletcher, executive director of the enrollment office, both departed on Friday. The district did not provide information about why they left or who — if anyone — will replace them, and neither of the two could be reached for comment.

Their departure comes after Superintendent Roger León, who took over on July 1, included them among 31 officials and administrators who were given the option to resign or face being fired. Days later, the school board approved all but nine of the dismissals; Ramos-Solomon and Fletcher were among those spared.

Both officials were hired in 2013 shortly before former Superintendent Cami Anderson unveiled the enrollment system, then called One Newark, as part of a sweeping overhaul that also included closing some schools. Parents were outraged by the closures and the system’s glitchy rollout, which left some students without school placements and separated other students from their siblings.

In recent years, Ramos-Solomon has overseen improvements to the system, including tweaking the computer algorithm that matches students with schools to give a greater boost to families who live near their chosen schools. While district data shows that most students are matched with one of their top choices, critics remain wary of the system and some — including some board members — call for it to be dismantled.

León, a veteran Newark educator who was expected by some observers to oppose Newark Enrolls, said in a private meeting with charter-school leaders that he intends to keep the process in place. But he will have to win over the board, whose members have asked the district skeptical questions about the system in recent months, such as why some students are reportedly matched with charter schools they didn’t apply to. (The district says that does not happen.)

Board member Tave Padilla said he was not aware that Ramos-Solomon or Fletcher had resigned, and did not know whether replacements had been lined up. He added that the board had not discussed the fate of Newark Enrolls since a meeting in June where Ramos-Solomon provided information about the system, nor has the full board discussed the matter with León.

“The district now does have the option to keep what we have in place, modify it, or do away with it,” he said. “Whether we choose to do that or not, I don’t know.”