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unlikely opposition

Bill to help charters serve high-needs students finds foe in union

The state teachers union is lobbying against a bill that would allow charter schools to serve students with special needs more readily.

The bill would allow charter schools, which essentially operate as one-school districts now, to pool their resources to offer special services to students with disabilities and English language learners. The bill was introduced in April, just weeks before state charter school authorizers proposed enrollment targets to comply with a requirement added to the state’s charter school law in 2010 that the schools serve “comparable” numbers of students with special needs.

Charter school advocates have spent recent weeks lobbying for The Charter School Students With Special Needs Act and until now had encountered little resistance in Albany. The bill sailed through the State Senate’s education committee, and Assemblyman Karim Camara introduced an Assembly version two weeks ago.

But last week, NYSUT circulated a memo urging lawmakers to reject the bill. The memo lauded the bill’s sponsors and acknowledged charter schools’ challenges in serving special needs student populations. But it also warned that the bill could result in ”a huge expansion of charter schools” and create an arrangement in which charter schools “segregate all of their students with disabilities to one site.”

The bill would allow charter schools to form consortiums to serve students with special needs. Under the proposed law, a consortium might assign one school to serve students with autism, while another school would hire staff who is specially trained to help students who are emotionally disturbed. Or it might hire teachers jointly who can assist students with disabilities in multiple schools.

Those practices “would result in warehousing special needs’ students,” a NYSUT official said about the bill.

Groups that advocate for charter schools in the city and across the state charged that the union “misunderstands and misrepresents” the bill in a memo of their own.

“This bill provides no new resources for charter schools and creates no new space under the cap,” reads the memo, which was distributed by New York Charter Schools Association and the New York City Charter School Center. “It simply provides a new, voluntary tool for charter schools to serve more students with a wider variety of special needs. We are troubled that NYSUT would oppose such an outcome.”

The memo adds, “The bill merely allows charter schools to do what school districts across New York State do now: gather students with similar needs to provide specialized program.” (New York City is moving away from this model and instead is requiring all schools to accommodate the students who enroll, regardless of their needs.)

NYCSA President Bill Phillips said he thought NYSUT’s opposition was more pragmatic than ideological. ”Obviously, they don’t want more children to go to charters because a portion of the funding follows the child, and that’s a NYSUT membership problem,” he said.

The vast majority of charter schools don’t employ unionized staff members, a major point of contention for NYSUT, which has 600,000 members. NYSUT and the city’s teachers union, the UFT, have also criticized charter schools for failing to serve a fair share of students with special needs.

In a sign of the union’s considerable political muscle, the last-minute push to defeat the bill has suddenly cast doubt that the bill will pass at all.

“I would assume that the Assembly would not pass a bill that NYSUT opposes like this,” an Albany source said, alluding to the Assembly’s traditional reluctance to flout the union’s  under the leadership of Speaker Sheldon Silver.

Charter school advocates said that they are still holding out hope that the bill will pass. The legislative session ends on Thursday, but lawmakers are racing to wrap up all of their bills by today Tuesday, to allow for a three-day waiting period that is required for public review before final votes are taken.

NYSUT’s memo about the charter school bill is below, followed by the charter sector’s memo:

  • Anonymous

    This is a bill that would allow charter chains, such as Eva Moskowitz’s Success Academies, to illegally segregate students with special needs in a school which is separate from general education students. I say “illegally” because the law is without question in violation of the clear mandate of federal law that students with special needs be placed in the least restrictive (i.e., most integrated) setting. You can such a bill many things, but how it is a “bill to help charters serve high-needs students” I can’t understand.

  • Ellen Mc Hugh

    I thought charters were serving students with high needs….oops, no, my bad.  If they did that the law wouldn’t be necessary, right?

  • Lisa Donlan

    Wait a minute- now that DoE has mandated that district schools behave like charter schools and rewrite students’ IEPs to offer them the services they have, charters are now adopting the special ed assignment MO of the DoE  whereby certain services were offered at some schools and students whose needs matched those services were assigned there.
     So “special education is not a place” except, now, in charter schools? huh?

  • Pjg320

    The current Special Ed Reform initiative attempts to keep students close to home and to the extent possible place students in inclusive settings, the intent of the bill is to segregate students with disabilities, it is baby public policy, is antithetical to all current research and should be rejected, not because the opposes, it is bad for kids.

  • Danny

    Looking at the data, charter schools as a whole are far superior in terms of Special Ed Reform/Least Restrictive Environment. In the NYC progress report Least Restrictive Environment measure, despite making up only 3.7% of the scored school population, charter schools make up 27 out of the top 100 at moving students toward Least Restrictive Environment. No, charter schools are good in this area. The point of this legislation is to make it so more charters can include 12:1:1 classes in the menu of services they offer, for the students who do need that end of the spectrum of services.
    For thorough data on the charter sector and special ed, see page 27 of the report here: http://www.nyccharterschools.org/data 
    LRE scores are part of the DOE progress report spreadsheets posted here: http://schools.nyc.gov/Accountability/tools/report/default.htm

  • Mkmasland

    The pros and cons of the proposed bill are complicated.  One truth jumps out at me: special needs students need to be educated with their non-disabled peers.  If allowing Charter Schools to provide special education services will allow segregation then this is a terrible idea.

  • Mr. Flerporillo

    “One truth jumps out at me: special needs students need to be educated with their non-disabled peers.”  I don’t know much about special education, but I have noticed that there are differing views on this point, and many believe that not all special needs students need the same thing. 

  • ToddShriver

    NYSUT is right.  The Charters are elitist institutions attempting to segregate the population.  This bill continues the Charters goal.  It should be defeated.

  • Danny

    Do you have evidence? It seems that based on the evidence, charter schools have done more to include special education students with their peers. See my comment below.

  • Ellen Mc Hugh

     A child with a special needs is evaluated and a program of services is recommended.  That  program could be a combination of many things: related services,ICT, self contained classes or schools,etc.  The LRE, as defined in the law,it the right spot for the child from the get og…not a guess, not a maybe, not a let’s try this or that.  One doesn’t move from more to less,one moves on a continuum of services.  The DOE’s insistence on using the phrases more and less restrictive are part of the reason the FEDs are all over NYS and  NYC on the provision of services and the level of success of students with IEPs in NYC public school system.
    Charters are, for the most part, no better or worse than the public schools in working with students with IEPs.
    The analogy that 25%of the students in charter schools have moved from one set of services to another (see Danny) is incorrect.  What he is implying is that the children need less services.  What he is not exploring is the affect of smaller class sizes or the longer school day or the  drill learning that may happen in charter schools.  The child remains the same, a child with a need, the services are impacted by the type of classroom and the amount of repetition.
    As long as the DOE continues to use illogical and poorly constructed paradigms, such as more restrictive to less restrictive, we will be in the unfortunate position of debating a use of a word not the appropriate class or services.
    And, not for nothin’ as we say in Brooklyn, what prevents any school, public, charter, parochial etc from creating a 12:1 1 class?  And don’t give me the money excuse, just like public schools any school can re-direct it’s budget to serve a need or a student population.  Money is not the be all and end all of education, educators are.

  • Danny

    Not sure what 25% analogy you’re referring to.The scores I’m talking about are not analogies; they are reported as differences from a students’ highest classification level in the previous four school years to how they are being approached at the school. They ARE movements as they track an individual child, and charters are, on the whole, better able to move students to more inclusive settings (maybe in your eyes, to the more appropriate LRE defined setting) than they were at previous (mostly district) schools and/or earlier grades while maintaining superior state test performance for that subgroup (see page 18 here: http://bit.ly/state-of-the-sector). Does this control for all aspects of the child’s need, i.e. disability type and so forth? No. This data is not clean and available, but the data we do have does effectively support the fact that charter schools have been on the side of including IEP students in general ed classes more often than district schools. 

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