Sue Gamm, , Esq. SueGamm@aol.c .com Educatio ional Strategies & Support
Special Ed Funding, Generally Special Ed Categorical Aid LSD Special Ed Demographics Special Ed Extraordinary Aid Impact of Charter Schools Conclusions Remedies 2
Special Education Funding Sources 1. Census Methodology based on 14.92% assumption of disability incidence (+ 1.63% speech/language services only) 2. 2/3 from General Funding base (i.e., general fund tax levy & Equalization Aid - if any) 3. 1/3 based on Categorical Aid 4. Extraordinary Costs
Special Education Census Methodology Prior funding based on 1 of 4 tiers of intensity per each SwD 2003 - expert testified that student file sample showed rules incorrectly applied to determine intensity level Census methodology introduced • Would not incentivize overidentifying SwDs • Used by U.S. Department of Ed to distribute IDEA funds • Easy for state and districts to administer
Special Education Census Methodology Determined based on presumed 14.92% sped incident rate + 1.63% for speech/language services A. 6,092 student enrollment x 14.92% = 909 students (regardless of intensity of need) x state average cost for sped + B. 6,092 x 1.63% = 99 students x state average cost for speech 2/3 funded with general state fund (EA = Adequacy – Local Share 1/3 funded with Categorical Aid (100%)
Special Education Census Methodology SwDs = only NJ student group based on census methodology Limited English proficiency & at-risk based on student counts with associated weights
Impact of Special Education Census Methodology 14.92% of LSD’s enrolled students = 909 909 census-funded SwDs = 57% of LSD’s students with IEPs (1,592 students) 43% of LSD’s students with IEPs are effectively disenfranchised (684 students)
Federal IDEA Census Methodology NOT based on SwD or district student census 1997 IDEA funding changed from prior special ed child count 85% of grant: ALL 3 - 21 year olds attending any school in • district boundaries (for Lakewood, @ 36,000+ students) • 15% of grant: Based on children/youth living in poverty Hold Harmless. Retained FY 1999 base allocation; new applied to funding over FY1999 allocation increased by @ $8+ billion since FY1999 •
Classification Rates Depend on Numerator & Denominator Used 8,000 70% 7,000 60% 6,000 50% 5,000 40% 4,000 30% 3,000 20% 2,000 10% 1,000 0 0% IEPs of Service Plans IEPs + SP of IEPs Using NJ SPs + IEPs of IEPs of LSD Lakewood of PP Lakewood Census LSD Enrolled Enrolled Students Students Students Method 7195 909 Student Count 1,346 5,849 7,195 7,195 1,592 909 Percent of Group 3.9% 3.9% 20.0% 20.3% 59.9% 25.3% 14.9% 59.9% 25.3% 20.3%
200 40% LSD: Number/Percent Students with IEPs by Grade 180 35% 160 30% 140 25% 120 100 20% 80 15% 60 10% 40 5% 20 0 0% PK K 1 2 3 4 5 6 7 8 9 10 11 12 All Sped 173 118 139 126 128 131 115 108 96 99 80 51 50 95 % Sped 40% 25% 29% 28% 24% 27% 21% 23% 21% 25% 22% 16% 18% 32% 40%
40% Percent SwD by Disability Area for LSD, NJ, and Nation 35% 30% 25% 20% 15% 10% 5% 0% Autism SLI ED ID MD OHI PCD SLD LSD 9% 28% 1% 9% 10% 11% 13% 17% New Jersey 8% 21% 3% 2% 7% 20% 5% 32% Nation 9% 20% 5% 6% 2% 14% 9% 35%
Independent Review of LSD Sped Evaluations & Eligibility Based on 2011-14 monitoring reports; 100+ sped files; 140+ interviews No concerns noted about LSD’s high classification rate of LSD’s students w/IEPs (20.5%) compared to state’s 16.7%, and nation’s 13.0% No question about any student’s disability classification No issue related to inappropriate evaluation processes No reference of any prior state monitoring report mentioning any of these issues My review of 27 student records revealed no “red flags”
Independent Audit of LSD Sped Evaluations & Eligibility Timely Evaluations. Noted various issues for delays, although progress. Referenced LSD’s reliance on contractual evaluation services, the “… time devoted to case management issues with the given population of students; and time devoted to the high number of referrals at the preschool and the contentious issues that sometimes accompany them.” No reference to disproportionately low state funding and impact on employing sufficiently sized/trained child study team required to carry out case management responsibilities, including completion of timely (re)evaluations -- and relationship to issues mentioned in report re: retention, stress, management, and morale
Impact of Management Structure on Timely Capacity Audit considered child study team interviews and review of districts across two counties Found the LSD child study team staff may be understaffed LSD has • Higher than average case management load (64) • More referrals: 400+ (2015-16) & 600+ ( 2016-17) Negatively impacts LSD’s ability to meet required evaluation/eligibility timelines
LSD’s Child Find Scope Compared to other Urban Big School Districts Under federal/state law, LSD’s obligation extends to all 35,414 students attending school in Lakewood: • Find all SwDs • Offer each a free appropriate public education Lakewood: 35,414 Cleveland, OH: 37,890 DesMoines, IA: 31,654 St. Paul, MN: 38,086 Tacoma, WA: 32,414 By 2020- 21, Lakewood’s student population expected to increase by 24% to 43,800
Comparison of Lakewood & Cleveland Lakewood: 35,414 students 7,195 SwDs (20.3%) Cleveland : 37,890 enrollment 7,767 SwDs (20.5%)
Cleveland & Lakewood Referral & Classification Rates 100% 900 Lakewood 90% 800 Enrollment = 80% 700 93.5% of Cleveland 70% 600 60% 500 50% Referrals = 75% 400 40% of Cleveland 300 30% 200 20% 100 10% 0% 0 2014-15 2015-16 2016-17 Cleveland Classified 81% 70% 67% 88% IEP Implemented 86% 82% 73% IEP Not Implemented 14% 18% 27% Students Referred 274 402 633 850
Extraordinary Aid (EA) Methodology Applies to: Special education IEP costs >$40,00 for public schools & >$55,000 for OOD services Excessive costs reimbursed at 90% (public schools) & 75% (OOD) OODs: Districts must fund $55,00 of tuition + 25% of cost with general & sped categorical funds (difference with EA) Each year EA prorated With LSD’s disproportionately high number of expensive OOD placements (compared to only LSD classified enrolled students), proration has significant adverse impact
50% Early Childhood Settings 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% EC Most of Time Special Class Separate School LSD 17% 19% 28% State 16% 35% 5% Nation 45% 23% 2%
70% 60% 6-21 Year Old Educational Settings 50% 40% 30% 20% 10% 0% At Least 80% Separate 40-79% GenEd < 40% GenEd GenEd School LSD 24% 12% 39% 24% State 45% 28% 14% 7% Nation 63% 18% 13% 3%
30% 6-21 Year Old Educational Settings Percent of Students in 25% Special School (OOD) 20% LSD “N” = 371 15% 10% 5% 0% Of Lakewood Of Nation's Of LSD IEPs Of NJ IEPs IEPS & SP IEPs Special Schools 24% 5% 7% 3%
60 60% Out of District Placements by Grade 50 50% 40 40% 30 30% 20 20% 10 10% 0 0% PK K 1 2 3 4 5 6 7 8 9 10 11 12 Number 45 28 28 27 23 22 30 33 13 19 18 14 19 49 Percent 25% 28% 20% 21% 18% 17% 26% 31% 14% 19% 23% 27% 38% 52%
140 35% Out of District Placements by Disability Area 120 30% 100 25% 80 20% 60 15% 40 10% 20 5% 0 0% Autis MD OHI PCD SLD Othe SLI ED ID tic r Number OOD 49 7 13 65 116 50 60 7 10 % OOD 13% 2% 3% 17% 31% 13% 16% 2% 3%
Independent Audit of LSD Placements Based on review of 36 IEPs, staff interviews, and 3 state monitoring reports NJDOE recently found LSD to be in compliance Made several suggestions re: clarity of basis for placement justification Due process cases based on program/placement disputes results in increased OOD placements Audit Team: no comments or examples of students placed in OOD without educational justification. I reached same finding.
Audit Recommendations Continue LSD plan to increase placement/program options at each school. Further develop/create in-district high-quality programs, e.g., postsecondary programming, to compete with more restrictive OODs and potentially stem tide of litigation/associated costs “The current high -quality preschool programs should serve as a model for new or existing programs.” Further train child study team case managers re: IEP development
Financial Capital Needed Need significant financial capital to expand high quality LSD instruction & support for students otherwise placed in OOD Although eventually could use money otherwise for tuition payments, program development requires upfront financial support [Materials/supplies, hiring/training staff, additional physical space (LSD schools are near/at capacity), etc.] Current physical environment challenges to better address physical/sensory mobility issues New Jersey’s special education funding framework as applied to LSD doesn’t allow for such capital expenditures
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