Fwd: Charter Schools and Children w/ Disabilities

[Guest guest]

> > Received this from a Stand Affiliate, Barb

> Ginsburg. This is an urgent

> > action message. Please distribute this widely.

> > Charter School Alert!!!!!!!

> >

> > >TO: Friends of Children with Disabilities

> > >FR: A. Hubley, Education Law Center-PA

> > >RE: URGENT! Comments needed on proposed

> regulations for children with

> >

> > >disabilities in charter schools

> >

> > >On July 8, the Pennsylvania Department of

> Education (PDE) published

> > >proposed regulations on the rights of children

> with disabilities in

> > charter schools. Few people are aware of these

> proposed regulations,

> > which

> > can be obtained from the Pennsylvania Bulletin

> website (July 8, 2000

> > issue),

> >

>

http://www.pabulletin.com/secure/data/vol30/30-28/1164.html

> or from Dr.

> >

> > Dale Baker at .

> >

> > COMMENTS ON THESE PROPOSED REGULATIONS ARE DUE BY

> AUGUST 28th!It is

> > important that parents and advocates for children

> with disabilities and

> > other stakeholders respond, whether briefly or at

> length. These

> > regulations

> > will be the rules under which charter schools will

> educate children with

> >

> > disabilities - or not.

> >

> > We haven't yet finalized our own comments (though

> we'll be glad to

> > share them when they're done). But here are some

> points that we urge

> > you to

> > mention:

> >

> > 1.The comment period should be extended. It is

> summer time and many

> > people

> > are on vacation. Given the complexity of these

> issues, and the lack of

> > publicity about these regulations, the deadline

> should be extended well

> > beyond August 28th. Also, public hearings should

> be held.

> >

> > >2. The regulations are, at worst, deceptive - or

> at best, unclear.

> > >This is because they " incorporate " many pages of

> federal regulations -

> > >without actually quoting them. Instead, there's

> simply a long list of

> > >numbers referring to federal regulations which

> most readers will not

> > have

> > >at their disposal.

> >

> > >Picture yourself, for example, trying to make

> sense of this actual

> > >excerpt: " Except as expressly provided in this

> chapter, 34 CFR Part

> > 300

> > >(relating to assistance to states for the

> education of children with

> > >disabilities) is incorporated by reference as

> follows: §§§§

> > 300.4--300.26,

> > >300.28, 300.29, 300.300, 300.302--300.309,

> 300.312, 300.313, 300.320,

> > >300.321, 300.340, 300.342--300.346, 300.347(a)

> and (,

> > 300.348--300.350,

> > >300.403, 300.500--300.515, 300.519--300.529,

> 300.531--300.536,

> > >300.540--300.543, 300.550--300.553,

> 300.560--300.573 and §§ 300.576. "

> >

> > >We think that, if the state wants to

> " incorporate " federal

> > >regulations, it should set out in black and white

> what those

> > regulations

> > >say.

> > >

> > 3. The regulations suggest that charter schools

> can discriminate

> > against children with disabilities. While the

> proposed regulations

> > (like

> > the Charter School Law itself) say that a charter

> school may not

> > discriminate, they also state that the school may

> adopt " prerequisites

> > ...

> > that directly relate to the school's mission. "

> This creates the danger

> > that

> > " prerequisites " could be used to keep students

> with disabilities out of

> > charters. The proposal is, at best, contradictory

> -- and at worst

> > discriminatory.

> > 4. The regulations are incomplete and/or erroneous

> in other ways.

> > For example, the regulations (correctly) allow

> parents of children in

> > charter schools to have due process hearings - but

> (incorrectly) don't

> > provide for mediation, or for appeals of due

> process hearing decisions.

> >

> > WHAT YOU CAN DO...

> >

> > >Write to Dr. Dale Baker at the Office of

> Educational Initiatives,

> > >PDE, 333 Market Street, burg, PA

> 17126-0333, to make these points

> >

> > >and/or any others that you consider important.

> Remember, the deadline

> > is

> > >August 28th.

> >

> > >If you have questions, or would like a copy of

> our comments when we

> > >finalize them, please call A. Hubley at

> , or e-mail

> > her

> > >at nhubley@.... (From August 7-11, when

> is on

> > >vacation,contact Len Rieser at ,

> lrieser@....) We

> >

> > >suggest, though, that you send something in right

> away rather than

> > waiting

> > >for our comments.

> >

> >

> > Pittsburgh Area Chapter

> > Stand for Children

> > Visit our website: http://trfn.clpgh.org/stand

>

>

> =====

>

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

> Play in the warmth of the sunlight, wish on the glow

> of the stars, and dance by the light of the moon.

> Cheryl

> McLaughlin..Woman/Wife/Mother/Cyberwoman/Etc..School

> Social Worker

>

http://cats1.admin.pps.pgh.pa.us/~mclaughl/welcome.htm

>

> __________________________________________________

>