charter wars

Fariña won’t budge on decision to eliminate middle school at charter serving kids with disabilities

PHOTO: Patrick Wall
Schools Chancellor Carmen Fariña

For the second time in two months, the city’s education department has ruled that a Harlem charter school, which serves an outsized share of students with disabilities, should be forced to shutter its middle school.

In March, with Opportunity Charter School’s charter up for renewal, the city ruled that the middle school was too low-performing to remain open, and only offered a short-term renewal for the high school. OCS appealed the city’s decision to close the middle school, arguing that city officials had not sufficiently taken into account that over half its students have disabilities.

But on Friday, schools Chancellor Carmen Fariña upheld the city’s original decision, effectively denying the school’s appeal. “Charter schools must do more than just enroll these special populations,” according to Fariña’s letter to the school, which city officials refused to disclose upon request and was independently obtained by Chalkbeat.

“They must demonstrate that they are retaining such students and serving them well,” she wrote. “Unfortunately, it is clear from the data that OCS has not done that.”

The standoff between OCS and the city highlights a larger dilemma about how to fairly evaluate charter schools that serve high-need populations, and exactly how effective a charter school must be to justify its existence.

A dispute with the city also flared up five years ago, when it tried to close Opportunity Charter entirely — a decision that was later reversed.

Still, Fariña’s decision is unsurprising: After all, OCS was effectively appealing to the same people that recommended closing down its middle school in the first place. (The education department is Opportunity Charter’s authorizer, giving it the authority to decide if the school should be allowed to stay open.)

But Friday’s decision is unlikely to be the final word on whether the city gets its way. Opportunity Charter School filed a lawsuit against the education department last week that challenges the city’s rationale for closing its middle school. And on Monday, a Manhattan Supreme Court judge allowed the school’s middle school admissions process to move forward for next year so the court can consider the merits of the case.

In the meantime, “Nothing will change, the status quo continues,” said Kevin Quinn, a lawyer who is representing the school. He said the court will hear arguments May 18, and will decide whether to keep the middle school open as the case unfolds.

legal showdown

Lawsuit targets New York City program that strands poor students without required special ed services

PHOTO: Alex Zimmerman
Public Advocate Letitia James announced a report earlier this month criticizing the city's special education voucher program.

A program that makes New York City parents responsible for finding their own special education services — but that often leaves them with no services at all — is under legal attack.

The class action lawsuit, filed Thursday in a federal district court, aims to reform the city’s process for ensuring that students with disabilities receive “related services” — which include physical therapy, certain medical services and counseling, among other therapies.

When the city’s education department is unable to offer those services itself, or through a contractor, parents are given a voucher that can be used to pay an outside provider. But that system puts the onus on families to find providers, and about half of the 9,164 vouchers issued during the 2015-16 school year went unused, according to a report issued earlier this month by the public advocate’s office.

The lawsuit centers on the Bronx, where the problem is particularly acute. In District 8, which includes Hunts Point, Throgs Neck and Soundview, 91 percent of the 129 vouchers issued last school year went unused — the highest rate anywhere in the city.

The city’s public advocate found that families face a number of barriers to using the vouchers: They often struggle to find providers in their neighborhoods, have difficulty arranging for transportation and getting reimbursed to send their children elsewhere, or simply can’t find providers who are responsive.

In part because of those challenges, an attorney who helped bring the lawsuit said the city can’t simply offer a voucher to fulfil its obligation to provide special education services.

“The DOE has to ensure that students actually get [services]” said Seth Packrone, a lawyer at Disability Rights Advocates, which contributed to the public advocate’s report. “They can’t just issue a voucher and then step away.”

The goal of the litigation is to force the education department to come up with a plan to ensure that students in the Bronx receive the services they have been guaranteed, Packrone said. It is not yet clear what that plan could entail or how it could affect other neighborhoods, which also have large numbers of unused vouchers.

The complaint says the city’s voucher program violates multiple federal laws that guarantee students with disabilities a free and appropriate public education. The plaintiffs in the case are two Bronx students and Bronx Independent Living Services, a nonprofit that works with students who have disabilities.

Education department spokeswoman Toya Holness wrote in a statement: “We are dedicated to meeting the needs of students with disabilities and in the small percentage of cases when we issue a related service authorization, we work with families to connect them with an appropriate provider in their area.”

She referred questions about the lawsuit to a law department spokesman, who said the city is reviewing the complaint.

voucher void

Report: Special education voucher program leaves some of New York City’s poorest families without services

PHOTO: Alex Zimmerman
Gloria Alfinez with her son, a rising fourth-grader with special needs, who she says did not receive appropriate services.

Thousands of students with special needs in New York City are not receiving required services due to a system that forces families to find certain therapists on their own if their schools are unable to provide them.

That’s according to a report released Wednesday by the city’s public advocate, Letitia James, who investigated the city’s system for providing what are called “related services” — which include physical therapy, certain medical services and counseling, among other therapies.

When the city’s education department is unable to offer those services itself, or through a contractor, parents are given a voucher that can be used to pay an outside provider. But that system puts the onus on families to find providers, and about half of the 9,164 vouchers issued during the 2015-16 school year went unused, according to figures provided by the public advocate’s office.

“The burden should not shift from the Department of Education to parents,” James said at a press conference. “The process itself is in violation of the law.”

Even as the city has made reforms to its special education system, the report offers another window into a system that often falls short. The city’s own statistics showed that during the same year, just 59 percent of students with special needs received the full range of services they were entitled to, and thousands received no services at all.

The voucher system disadvantages poorer neighborhoods, the report finds, especially those in the far corners of Queens, Brooklyn, and the Bronx. In the Bronx’s District 8, for instance, 91 percent of the 129 vouchers issued in the 2015-16 school year went unused — the highest rate anywhere in the city. In Queens’s District 27, 79 percent of vouchers went unused. Brooklyn’s District 14, covering Williamsburg and Greenpoint, had the lowest rate of unused vouchers, but nearly a quarter still went unused.

Based on interviews with families and providers themselves, the report attributes the large share of unused vouchers to a series of interlocking barriers: Families often struggle to find providers in their neighborhoods, have difficulty arranging for transportation and getting reimbursed to send their children elsewhere, or simply can’t find providers who are responsive.

One parent, Yamile Henry, said through an interpreter that she wasn’t even aware she might need to take her son outside the school to get key services, and that letters were sent home in English (she speaks Spanish). “I cannot take my son to services because I work,” she said. “I still don’t know if my son is receiving them.”

But even parents who do try to arrange outside help often face roadblocks.

The public advocate’s office called scores of providers that the education department recommends to parents in the Bronx, and found the vast majority did not have any availability. Of the providers contacted, James said, just six were available and willing to travel to the Bronx.

The report notes that payment rates are low for providers in the voucher program, and reimbursement is often slow, meaning “many providers do not want to take [the vouchers] as a result.”

But even among the families who do manage to take advantage of the program, the services are often in place months after the school year starts, partly because of delays earlier in the referral process caused by the city’s notoriously dysfunctional special education data system.

Education department spokeswoman Toya Holness said the city has hired 700 new clinicians over the past three years for occupational, speech and physical therapy — and the percentage of students receiving required related services stood at 95 percent last school year, an 11 percentage point increase over five years.

Holness pointed out that only a small share of students who need related services are in the voucher program, and “we work closely with each family to connect them with an appropriate provider in their area and, if needed, provide transportation.”

Maggie Moroff, a disability policy expert at Advocates for Children, said in an interview that the report’s findings did not surprise her and that related services are just as important as general academic instruction.

“It’s all the other things that go into a student’s ability to process and learn and develop in school,” Moroff said. “Without any of them, you’re denying a student a really important piece of their education.”