SCOTUS on IDEA

U.S. Supreme Court, in landmark decision, strengthens rights for students with disabilities

In a landmark decision, the U.S. Supreme Court on Wednesday better defined the federal standard public schools must meet for its special education students.

Students with learning disabilities are due “appropriately ambitious” education plans that ensure they will advance through public schools similarly to other students, a unanimous court said.

The court’s decision stems from a lawsuit filed by a suburban Denver family who enrolled their son, known as Endrew F. in court documents, in a private school after they felt the Douglas County School District failed their son, who was diagnosed with autism and attention deficit/hyperactive disorder.

The family sued the district seeking reimbursement for the private school’s tuition, arguing their son was due a “free appropriate public education” as required by the 1975 Individuals with Disabilities Education Act.

The school district argued it met the minimum standard in the federal law that defines the rights of special education students.

While the state education department and lower courts agreed with the school district, Chief Justice John Roberts, who wrote the court’s opinion, did not.

“When all is said and done, a student offered an educational program providing merely more than ‘de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts wrote.

Federal law, he continued, “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The decision stops short of defining what progress should look like. Instead, that should depend on each student, the court said.

In a statement, the Douglas County School District said it was confident the district was already meeting the higher standard and would prove so when a lower court takes up the Endrew F. case again.

“The Court did not hold that Douglas County School District failed to meet the new standard, or say that DCSD can’t proceed to prove that it met that standard,” said Douglas County School District Legal Counsel William Trachman in a statement. “Indeed, in this case, the Douglas County School District offered an appropriate Individualized Education Plan and we look forward to proving to the lower courts that the IEP meets the new, higher standard.”

The Colorado Department of Education also released a statement:

“The Colorado Department of Education is firmly committed to providing quality educational opportunities to students with disabilities.  We are pleased to see the that the Supreme Court’s decision seems to give greater clarity by saying an Individualized Education Program  must be ‘reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.’  We also appreciate the Court’s reminder that courts must defer to the expertise and judgment of school officials.”

The department will not take a position when the Tenth Circuit Court retries the case in light of the Supreme Court’s clarification of the legal standard.

Play nice

Gov. Bill Haslam convened a ‘power meeting’ between Tennessee’s charter school and district leaders. Here’s why.

PHOTO: Marta W. Aldrich
State Rep. John Forgety is chairman of a House education committee and has become the mediator of a dispute over Tennessee's 2017 charter school law. The Athens Republican is also a retired teacher, principal, and superintendent with McMinn County Schools.

There isn’t a charter school within 100 miles of Rep. John Forgety’s district, but the East Tennessee lawmaker has become the mediator in a lingering dispute between the state’s charter sector and its two largest school districts, in Memphis and Nashville.

As chairman of a House education committee that green-lighted last year’s sweeping update of Tennessee’s charter school law, Forgety said he felt partly responsible for one provision that’s created confusion, anger, and even litigation over whether local districts must share student contact information with charter operators.

And while his own legislative proposal to clean up the ambiguity has been sidelined, Forgety managed to get all parties at the table last week with Gov. Bill Haslam — no small feat given that two of them already are in court over the issue.

The Feb. 13 power meeting included Education Commissioner Candice McQueen, Shelby County Schools Superintendent Dorsey Hopson, Metropolitan Nashville Schools Director Shawn Joseph, and Maya Bugg, CEO of the Tennessee Charter School Center.

At issue is the intent of the new charter school law, which included a provision directing districts to share student directory information requested by charter operators. Charter leaders say they need the information to make parents aware of their public school options, while Nashville leaders argue that a federal privacy law gives them discretion over who gets those lists.

“It was a very productive conversation,” said Forgety, a retired McMinn County school superintendent who asked Haslam to convene the gathering. “Before we start legislating and litigating this, we just needed to sit down and listen to each other.”

PHOTO: TN.gov
Education Commissioner Candice McQueen and Shelby County Schools Superintendent Dorsey Hopson flank Gov. Bill Haslam at a 2016 event in Memphis.

The hour-long conversation ended with McQueen agreeing for her department to pound out a compromise to bring back to the table.

One question now is whether a consensus can be achieved before a judge’s March 16 deadline. Another is whether any proposal can hit the right notes so parents can reasonably learn about their options without being targeted with heavy-handed recruitment tactics.

Nashville is in a legal battle with the state’s charter-driven school turnaround district for refusing to share information on students zoned to failing schools. The state sued the Nashville district for its obstinance, and a Davidson County judge sided with the state and its charter operators in January. But the judge also gave Nashville more than two months to comply or appeal.

“That’s ample time to fix this problem,” Forgety said of the March 16 deadline. “We may not be able to, but what have we got to lose?”

Memphis schools are not part of the legal battle, but leaders of Shelby County Schools have the same concerns as their Nashville counterparts. And school boards in both cities voted last year to defy McQueen’s order to turn over information requested by charter operators LEAD in Nashville and Green Dot in Memphis.

Hopson vented to state lawmakers on the matter just last week, on the same day he went to the governor’s meeting.

“It’s not (that) we’re trying to be sinister and don’t want to give information. We used to give the information to (Tennessee’s Achievement School District) routinely,” he told a joint House education committee.

But Hopson halted the flow of information in 2015, he said, when the ASD shared it with the parents group Memphis Lift, which was going door-to-door to talk with other parents about their schools. “I’ve got a 10-year-old and 8-year-old,” he said. “If someone shows up at my door asking about my baby boy and baby girl with a folder with their information, we’re going to have a problem.”

Student directory information includes names, addresses, phone numbers, and students’ date of birth. School districts may choose to share such data with approved third-party vendors like government agencies and some companies.


Here’s what parents should know about how schools share student information


Bugg says such lists should be used appropriately, whether by charter operators talking with parents or companies that publish and sell school yearbooks. “We definitely are in agreement that if information is shared, it must be done so appropriately and according to agreed-upon parameters,” she told Chalkbeat. “And if it’s not, there should be consequences.”

A spokeswoman for McQueen declined this week to offer details about ongoing conversations or a potential agreement, but said the state is “encouraged about the possibility of reaching a path forward.”

But any proposal still has to go before school boards in Memphis and Nashville. And Nashville’s board may opt to pursue a legal avenue at the same time it awaits a possible legislative fix.

“The board has their principles and they want to protect student privacy and protect families from hardline, heavy-handed recruiting,” said Mark North, who lobbies for Metro Nashville Public Schools.

"We didn’t get here overnight and I don’t know if we’re going to fix it overnight, but we need to try."Rep. John Forgety, R-Athens

As for Forgety, who isn’t running for reelection and says he doesn’t “have a dog in this fight,” he’s just grateful that all the parties are at least sitting down to listen to each other.

“We didn’t get here overnight and I don’t know if we’re going to fix it overnight, but we need to try,” Forgety said. “I can assure you that both school systems and the charter center and the state of Tennessee have better things to spend their money on than attorneys on the second floor of the Davidson County Courthouse.”

Movers & shakers

Former education leaders spearhead new Memphis group to zero in on poverty

PHOTO: Laura Faith Kebede
Klondike-Smokey City is the first Memphis neighborhood targeted by Whole Child Strategies to coordinate the fight against poverty.

In a “big small town” like Memphis, neighborhoods are a source of pride and strength for residents in one of the poorest cities in America.

Natalie McKinney

Now, a new Memphis nonprofit organization is seeking to address poverty by coordinating the work of neighborhood schools, businesses, churches, and community groups.

Natalie McKinney is executive director of Whole Child Strategies, created last fall to help neighborhood and community leaders chart their own paths for decreasing poverty, which also would increase student achievement.

“There’s a lot of people ‘collaborating’ but not a lot of coordination toward a shared goal,” said McKinney, a former policy director for Shelby County Schools.

McKinney doesn’t want to “reinvent the wheel” on community development. However, she does want to provide logistical resources for analyzing data, facilitating meetings, and coordinating public advocacy for impoverished Memphis neighborhoods through existing or emerging neighborhood councils.

“Poverty looks different in different areas,” she said, citing varying levels of parent education, transportation, jobs and wages, and access to mental health services. “When we get down and figure out what is really going on and really dealing with the root cause for that particular community, that’s the work that the neighborhood council is doing.”

PHOTO: Laura Faith Kebede
Luther Mercer

Her team includes Luther Mercer, former Memphis advocacy director for the Tennessee Charter School Center, and Rychetta Watkins, who recently led the Big Brothers Big Sisters of the Mid-South, along with Courtney Thomas, Elizabeth Mitchell, and Tenice Hardaway.

Whole Child Strategies is supported by an anonymous donor and also plans to raise more funds, according to McKinney.

The first neighborhood to receive a grant from the nonprofit is Klondike-Smokey City, which includes a mix of schools run by both Shelby County Schools and Tennessee’s Achievement School District. The group is drilling down to find out why students in those schools are missing school days, which will include a look at student suspensions.

At the community level, Whole Child Strategies has canvassed Agape Child & Family Services, Communities in Schools, City Year, Family Safety Center, Klondike Smokey City Community Development Corp., Mid-South Peace & Justice Center, and Seeding Success for ideas to increase transportation, reduce crime, and provide more mental health services.

For example, Family Safety Center, which serves domestic abuse survivors, now has a presence in schools in the Klondike-Smokey City community. McKinney said that’s the kind of coordination she hopes Whole Child Strategies can foster.

One need that already is apparent is for a community-wide calendar so that meetings do not overlap and organizations can strategize together, said Quincey Morris, executive director of the Klondike Smokey City Community Development Corp.

“I think like any new thing, you have to crawl first,” Morris said. “And I think the more that the community is informed about the whole child strategy, the more that we involve parents and community residents, I think it will grow.”