Birmingham Community Charter High School has until May 23 to respond to concerns that it mishandled admissions, expulsions and claims of racial bias as it fights to prevent Los Angeles Unified from retaking control of the campus.
At the moment, South Carolina mother Gretchen Herrera isn't worried about whether her son has to take state tests in reading and math this year.He has to be in school for her to worry about that.Last week, Ms. Herrera told me about how she doesn't want her son Anthony, 12, to take the tests because his two diagnoses, Asperger syndrome and Type I diabetes, are a somewhat lethal combination. Anthony did well on the one test he did take, but his blood sugar spiked to a dangerous level during the exam. She kept him from most of the testing last spring as a result, unable to get official permission from the school to do so despite a note from a doctor.Then last weekend, Ms. Herrera staged a petite protest outside the South Carolina state government buildings in Columbia.When she got home, there was a letter waiting for her. The online charter school her son attends said Anthony is no longer welcome.The school said because Ms. Herrera signed a contract when she enrolled Anthony, a contract that includes a clause about taking state tests, and violated that contract, her son was being withdrawn from the school, effective immediately.Ms. Herrera told me she did sign that contract—"except the part about testing," she told me. The school, which didn't make adequate yearly progress as measured by No Child Left Behind, hasn't called me back to explain more about its decision. The immediate question: Why unenroll Anthony now, and not months ago when he didn't take the state tests?As Ms. Herrera researches schools that she believes would be a good fit for Anthony, he has been sitting at home, his access to the online charter school cut off...
When talk-show host Oprah Winfrey handed a $1 million check last September to the principal of New Orleans Charter Science and Math Academy, 200 students watched the broadcast from a church and celebrated with a brass band.Lawrence Melrose, a ninth-grader with learning and emotional disabilities, sat next door in a school office. The staff was concerned his fighting and cursing could be an embarrassment, said Shelton Joseph, his great uncle. Because he has trouble communicating, Lawrence needed intensive counseling and speech therapy, which the school didn’t provide, Joseph said. He was repeatedly suspended and told he couldn’t take the school bus with other kids, according to his lawyer.The education of 16-year-old Lawrence represents a common complaint about privately run, taxpayer-financed charter schools: They often exclude children with serious disabilities or deny them the help they need, violating federal laws.“They left me,” Joseph recalled the boy telling him on the day of the Winfrey celebration. “They left me out.”Along with the academy supported by Oprah’s Angel Network - - which the entertainer used to raise money from the public -- New Orleans charter schools accused of discrimination include those that are favored charities of Microsoft Corp. (MSFT) Chairman Bill Gates, Wal-Mart Stores Inc. (WMT)’s Walton family and New Orleans Saints quarterback Drew Brees.Shunning special-education students helps school budgets since the average disabled child costs twice as much to serve as a nondisabled one, said Thomas Hehir, who oversaw federal special-education programs under President Bill Clinton. The practice also improves the reported academic results of schools because children with disabilities often have lower scores on standardized tests, he said...
First of a Two-Part SeriesProblems for the beleaguered West Houston Charter School continue to mount, with the school facing the results of a TEA audit, declining enrollment, disgruntled staff and complaints that the needs of special education students are being ignored.Several school insiders are also alleging headmaster Reginald Johnson is “just a puppet for an out-of-control school board.”The new allegations come even as the lawsuit of former school administrator Jean Pickering continues to make its way through the court system.The TEA has yet to publicly release the results of a recent on-site audit of the school but, during a weekend interview with InstantNewsKaty, two WHCS insiders said many of the problems that got the school in trouble with the state before Pickering was hired have now resurfaced.According to the insiders, enrollment has plummeted and the school is in danger of defaulting on its bonds.“We’ve lost students; we’ve got very nervous parents and everybody wonders what kind of future this school has. It’s had a TEA monitor before because of poor management, and it’s probably going to have one again,” one source, who spoke on condition of anonymity, said. “The school board is continuing to meddle and not let professionals do their job; morale is extremely low among teachers.”…Another issue the school sources said is “a problem that’s about to blow up” is the school’s handling of special needs students. A lack of commitment by the board to special needs students has been a recurring theme for more than a year, and was one of the things that caused Pickering’s relationship with the board to sour, they said.“Remember it was (then-Board President David) Dwyer’s wife who was improperly releasing information on a special needs student that seemed to start the whole thing going downhill for (Pickering). Since then, there have been numerous statements, including some from board members, that they didn’t really want to have to deal with special needs students because it would get in the way of their so-called ‘classical education’ theme for the school,” one source said…
Second of a Two-Part SeriesAs allegations continue to mount that members of West Houston Charter School’s board did not want to serve special needs students, a former school staffer has come forward to say she was repeatedly told the school was “not set up” for such students.Kathleen Haymes was the school’s special programs coordinator/instructional technologist until the school decided to not renew her contract for the upcoming school year.Haymes, who was also the parent of a special needs child enrolled at WHCS, was one of five employees let go, reportedly because the school needed to save money.“As an employee, I was responsible for all struggling students and the programs required by state and federal law established for the struggling students. As a result, I was often having to say we needed to get this (or) that or get additional assistance for students who met the (special needs) guidelines,” Haymes told InstantNewsKaty. “Whether we had staff and resources, I’d have to find a way to make it work. I stayed current with changes in the laws in order to protect the school, but was repeatedly told that our school was not set up to serve students with special needs.”Haymes also said she experienced the school’s reluctance to serve special needs students from a parent’s perspective when she had to fight to get the school to meet her own daughter’s educational needs…
A move by the West Houston Charter School to have a lawsuit filed by former administrator Jean Pickering tossed out of court has been denied by 125th Judicial District Judge Kyle Carter.Pickering sued the school under Texas’ Whistleblower Act, claiming board members forced her out as administrator after she raised concerns the board was meeting in violation of the Texas Open Meetings Act and that the wife of Board President David Dwyer had divulged confidential student information.Attorneys for the school tried to have the lawsuit dismissed because, they said, Pickering “failed to invoke the grievance procedure of Defendant West Houston Charter School within 90 days of the claimed adverse employment action.” That failure, the school’s attorneys claimed, meant the court did not have jurisdiction over the dispute.After hearing arguments from both sides, Carter ruled in favor of Pickering…In the lawsuit, Pickering alleged then-board members Dwyer, Judy Paul and Lucina Botond engaged in a conspiracy to oust her as school administrator.Pickering resigned before the board took action to terminate her, the lawsuit said.Pickering has demanded unspecified compensatory and punitive damages, as well as “revoking any certificate authorizing the defendant to do business in Texas.” If ultimately granted, that revocation could result in a loss of the school’s charter with the Texas Education Agency.In documents filed with the court, Pickering said her relationship with the board began to turn sour after Dwyer appointed his wife Heather to a key school committee. It was then Heather Dwyer allegedly openly discussed a special needs student in violation of student confidentiality restrictions…
Cincinnati's newest charter school will be managed by a national for-profit company that has faced lawsuits for allowing religious instruction and denying services to special education students.Grand Rapids, Mich.-based National Heritage Academies will manage Alliance Academy in Evanston, which is renting the former St. Mark's Catholic School and will open in late August…Ruppert said religion is not part of the curriculum. But National Heritage Academies are often criticized for teaching creationism as science theories…Despite court challenges and concerns from groups such as People for the American Way, NHA continues to grow. The Michigan Family Forum, a religious group, in 1998 called NHA a choice for parents who can't afford private Christian schools.In 1998, the American Civil Liberties Union filed a suit on behalf of parents who alleged that NHA was violating the separation of church and state at its Vanguard Charter Academy in Grand Rapids. The suit was dismissed in 2000 after the school put policies in place to prevent the types of actions alleged.The Ridge Park NHA charter in Grand Rapids faced two lawsuits -- one from a parent and one from a teacher -- involving lack of services for special education students. The case was settled.NHA is one of the first charter-school businesses to declare a profit…
TWIN FALLS • Xavier Charter School announced Thursday that Principal Everett Bomgardner has resigned from his position.The school’s board met Wednesday night during a closed meeting to accept his resignation, Board President Debbi Burr said.Administrative duties for the 665-student Twin Falls charter school will continue to be handled by hired contractors Murphey Consulting, and the selection process for a new principal will begin soon.The board placed Bomgardner on paid administrative leave in early September. Later that month, it recommended his firing due to “multiple violations of policies and procedures.”...
With several parents and students asking them to step down, Xavier Charter School trustees hinted Wednesday that they may move to bring the Twin Falls school’s finances under local control.During a nearly two-hour board meeting that included a half-hour of audience comments, Xavier trustees reviewed potential changes to their current bylaws, and future financial decisions involving the school’s private management company, Paragon Schools. The meeting comes in a tumultuous year that saw Xavier co-founder and former Principal Cindy Fulcher be fired Monday, and trustees and teachers question Paragon’s handling of state funding the school receives…
TWIN FALLS, Idaho -- A board trustee at Xavier Charter School in south-central Idaho says the school can't account for nearly $330,000 in taxpayer money.Joan Hurlock says the school's Utah-based management company, Paragon, failed to produce documents she requested concerning the 4-year-old school's finances.The Times-News reports that Hurlock disclosed the information Thursday at a school board meeting.Hurlock says statements she received show Paragon took in $788,000 from the Idaho State Department of Education from October to November 2010 and deposited it into an account the board can't view. She says only about $460,000 left the account during the same time.Paragon owner Brandon Fairbanks says the company can account for the money and that Hurlock should have come to him first before bringing her concerns to the board.
A founder of Xavier Charter School is fighting to keep her job as the Twin Falls school’s principal.Cindy Fulcher, who in August was placed on leave as Xavier’s principal, filed suit in Twin Falls County on Oct. 8, accusing the school’s board of trustees of violating Idaho laws by conspiring to fire her. Specifically, Fulcher claims that board members “exhibited bias and prejudice against (her) so that the trustee or trustees cannot fairly decide the issues relating to (her) contract.”Based on the lawsuit and numerous submitted affidavits, an apparent power struggle between Fulcher and Xavier’s board of trustees — with Chairman Jeff Bulkley singled out in most of the accusations — has simmered for months. The situation came to a head at the school board’s Aug. 24 meeting, when trustees unanimously voted to place Fulcher on leave…Burley attorney John A. Bradley is representing Fulcher. He said Fulcher wants the current board removed from presiding over all decisions regarding her contract, as it has allegedly violated her right to due process. According to Idaho code, a public school board “shall not prejudice, predetermine, or decide on any allegation regarding the suspension, probation, and/or discharge of a principal prior to the respective hearing.” Bradley said that Fulcher wants an independent three-party panel to review her performance and decide her fate as Xavier’s principal…Multiple employees of Xavier submitted sworn affidavits alleging that board members openly discussed Fulcher’s employment status prior to her being placed on leave…
TWIN FALLS - Two weeks before it opens, a local charter school has been found in noncompliance with two state policies on enrolling and transferring special-needs students.Following several weeks of investigation, the Idaho State Department of Education found that Xavier staff interfered with the school's enrollment process and failed to follow proper procedures for transferring students with special needs to other schools, according to a letter sent to school officials, the parent who made the complaint and the Idaho Public Charter School Commission.The school came "perilously close to" coercing Twin Falls resident Heidi Conner into withdrawing her children, at least one of whom has special needs. Xavier staff decided to transport Conner's child to another school without consulting the child's individualized education plan team or, at the very least, notifying Conner in writing, the letter said."While their enrollment was not in fact denied, the actions of Xavier staff towards actively discouraging (Conner) cannot be condoned," dispute resolution coordinator Bill Elvey wrote in the letter sent out Aug. 16…
Some have hailed New Orleans charter schools as a national model for any city hoping to save a failing public school system. Fox 8 is looking at an issue some complain has been overshadowed.Parents say their special needs children have often been ignored or rejected. They say it's not only hurtful, but it violates federal law…There are 4,500 special needs students in Orleans Parish, and there's growing evidence that the system isn't doing a good enough job. A recent lawsuit alleges that the graduation rate of special needs students in Orleans Parish is just one-third of the state's graduation rate for special needs students.Some parents never returned after Katrina, because they found special needs education better in Texas or Georgia, where they relocated after the storm…[NOTE: It has been speculated that the exodus of lower performing students is why New Orleans test scores have improved, not because Paul Vallas’ charter system is superior]“It was bad before, but when you create this system where they all want to do their own things, there is no system anymore, just actors who want to do their own thing,” Markey [D.J. Markey of Pyramid Parent Resources] explained…Up to this point, Orleans parents have had to fend for themselves, often going from school to school, to see which one would enroll their special needs child.“If you just go to a charter it will solve all your problems,” Rob Curren said.“But charters are our problem,” added Penny Curren.As they searched for a place for Bennett, the Currens say they were shocked at one charter school in particular, where they witnessed a special needs child being totally ignored.“I asked, and said, can you tell me about this little boy? And he said there's nothing there, and that was it for me. I never looked back at that school,” Penny Curren said…Each charter is set up as an individual school district, so even though the state is now starting to use a universal application, it may be hard to force charters to take special education students…
A legal complaint alleges that the Big Easy’s schools discriminate against children with disabilities. What good is the charter revolution if it doesn’t reach the students who are most in need?
New Orleans, where more than 70 percent of public schools will be independently chartered after this school year, has been placed on a pedestal as a shining model by education reformers. The new documentary Waiting for “Superman”, which hopes to serve as a call to arms for education reform, devotes a page of its Web site to touting New Orleans’s new citywide school-choice system…
But is this supposed revolution really helping the most-disadvantaged students in New Orleans, those with special needs such as physical, behavioral, or mental disabilities? In July, the Southern Poverty Law Center (SPLC) filed a legal complaint against the Louisiana Department of Education alleging that schools have been turning away parents with disabled children and shirking their responsibilities to ensure that the special-needs students they do serve actually benefit from academic instruction. The complaint asserts that New Orleans schools are in violation of the federal Individuals With Disabilities Education Act (IDEA), particularly in terms of excessive punishment of children with emotional and behavioral problems.
Under IDEA, all public schools must implement an Individual Education Plan (IEP) for each special-needs student before taking punitive measures. However, suspension and expulsion rates of these students are shockingly high in New Orleans: overall, almost a third of the city’s 4,500 special-needs students have been suspended by the Recovery School District, the entity created by the state to take over failing New Orleans schools. Specific RSD schools such as Sojourner Truth Academy and New Orleans College Prep Charter Academy have suspended more than half their disabled student populations—53.8 and 52.2 percent, respectively, according to the Louisiana Department of Education’s special education Performance Profile. They are not anomalies, either. At least four other RSD charters suspend their special-needs students at three to four times the rate that their general-education students are suspended. The statewide average for suspensions of students with disabilities was 16.4 percent in the 2008-09 school year; RFD suspended 26.8 percent of its students with disabilities that year. In Baltimore, a city frequently used as a comparison with New Orleans because of its similarity in terms of student population, 13.5 percent of disabled students were suspended in the 2008–09 school year.
The data further suggest that when not suspended, disabled students aren’t getting the education they deserve, either because teachers aren’t working the IEPs or because they’re not identifying children who may suffer from learning disabilities. Perhaps as a consequence, only 6.4 percent of students with disabilities in the Recovery School District graduated in the 2008–09 school year, while 37 percent of them performed “well below grade level” and 50 percent failed to complete school altogether. In Baltimore, public schools graduated 24.2 percent of their special-ed students with a diploma, while 33.5 percent dropped out in 2007–08. St. Louis, another city with a similar student profile, graduated 29.5 percent of its disabled population, while 31.5 percent dropped out in 2008–09…
