Fun With Numbers: Annual NCES Report Released

English: National Center for Education Statistics logo. (2010, U.S. Department of Education. Institute of Education Sciences, National Center for Education Statistic). (Photo credit: Wikipedia)

The National Center for Education Statistics, which is a division of the Institute of Education Sciences of the U. S. Department of Education,  released its annual report this month. The title of the report is "The Condition of Education 2013."  (NOTE: in government-talk, the 2013 annual report is for the 2010-2011 school year.  Got that?)

Concerning special education, the report notes that by 2010-2011, the number of children and youth receiving services declined to 6.4 million, corresponding to 13 percent of total public school enrollment.

The report notes that 37% of the students receiving services were eligible under the category of specific learning disability.  (NOTE I hate our emphasis upon the category of disability.  Long time readers know that I believe that it promotes stereotypical thinking.  Indeed the law requires analysis of a student's individual needs once she is eligible.)

About 95 percent of school-age children and youth ages 6–21 who were served under IDEA in school year 2010–11 were enrolled in regular schools. Three percent of children and youth ages 6–21 who were served under IDEA were enrolled in separate schools (public or private) for students with disabilities; 1 percent were placed by their parents in regular private schools; and less than 1 percent each were in separate residential facilities (public and private), homebound or in hospitals, or in correctional facilities.

You can read the entire report here. It contains a wealth of information on education.  You may find it to be useful, please check it out.

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Bullying of Kids With Disabilities - Part II

Some states of the United States have implemented laws to address school bullying. Law prohibits bullying of students based on sexual orientation and gender identity Law prohibits bullying of students based on sexual orientation School regulation or ethical code for teachers that address bullying of students based on sexual orientation Law prohibits bullying in school but lists no categories of protection No statewide law that specifically prohibits bullying in schools (Photo credit: Wikipedia)

Bullying remains a hot button issue in special education law. This is the second post in the current series on this topic.  In the last post, I discussed some of the key cases finding that bullying of children with disabilities can be a violation of the Individuals with Disabilities Education Act (or IDEA as we often refer to it here.)  With that analytical basis, we now turn to a more recent court decision.

The opinion in TK & SK ex rel LK v. New York City Dept of Educ 56 IDELR 228 (E.D.N.Y. 4/25/2011) is a must read.The case involves a twelve year old girl with a specific learning disability. Her peers ostracized her, pushed her and ridiculed her daily.  They refused to touch any item that she had touched.  Yes kids can be very cruel.

The Court held that when facing a situation in which a child with a disability is allegedly being bullied, a school district must take prompt and appropriate action including making an investigation and taking steps to prevent future abuse. In this case, the Court found that the district did nothing despite parent requests to discuss the problem.  The Court held that where the educational benefit to the student was adversely affected by the bullying, FAPE had been denied. The Court awarded reimbursement to the parents for the tuition of the private school in which they had unilaterally placed the student.

In the next posts on this issue, I will quote some of the literature on bullying in America that was relied upon by the court in this case.  You can review the entire opinion here.

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Breaking: Public Education Spending Down For First Time in Forty Years

U.S. Census Bureau map of Wallington, New Jersey (Photo credit: Wikipedia)

According to a report by the US Census Bureau, fiscal year 2011 marked the first decrease in per student public education spending since the U.S. Census Bureau began collecting data on an annual basis in 1977, according to new statistics released today (dollars not adjusted for inflation). You can read the entire report as well as state level tables and other resources here.

The 50 states and the District of Columbia spent $10,560 per student in 2011, down 0.4 percent from 2010. The top spenders were New York ($19,076), the District of Columbia ($18,475), Alaska ($16,674), New Jersey ($15,968) and Vermont ($15,925).

Total expenditures by public elementary and secondary school systems totaled $595.1 billion in 2011, down 1.1 percent from 2010. This is the second time total expenditures have shown a year-to-year decrease, the first time being 2010.

Of the $595.1 billion in total expenditures for public school systems, $522.1 billion is comprised of current spending (i.e. operational expenditures, not including long-term debt). Expenditure for instruction amounted to $316.3 billion (60.6 percent) of the total current spending, while costs for support services amounted to $178.7 billion (34.2 percent). Instructional salaries were the largest expenditure category for public elementary and secondary education, accounting for $208.8 billion in 2011.

On the revenue side, public schools received $599.1 billion in total revenue for 2011, an increase of 1.1 percent from 2010. The largest source of revenue is from state governments at $265.9 billion (44.4 percent of total revenue), followed by local governments at $259.5 billion (43.3 percent) and the federal government providing $73.7 billion (12.3 percent).

States that had the highest percentage of their total public school revenue coming from federal funding included Mississippi (22.3 percent of the statewide education revenue), South Dakota (20.3 percent), Louisiana (18.7 percent), Alaska (17.8 percent), Florida (17.8 percent) and New Mexico (17.7 percent).

Conversely, states that had the lowest percentage of their total school revenue coming from federal funding were New Jersey (5.1 percent), New Hampshire (6.5 percent), Vermont (7.1 percent), Massachusetts (7.8 percent), Minnesota (7.8 percent) and Connecticut (8.3 percent).

      Other highlights:

--Property taxes accounted for 65.6 percent of revenue from local sources for public school systems.

--Of the 100 largest school systems by enrollment in the U.S., New York City School District ($19,770) in New York had the highest current spending per student in 2011, followed by Baltimore City Public Schools in Maryland ($15,483), Montgomery County Public Schools in Maryland ($15,421), Milwaukee Public School in Wisconsin ($14,244) and Prince George's County Public Schools in Maryland ($13,775).

--States spending the least per student were Mississippi ($7,928), Arizona ($7,666), Oklahoma ($7,587), Idaho ($6,824) and Utah ($6,212).

--Eight out of nine states in the Northeast region of the U.S. were ranked among the top 15 in current spending per student in 2011. The remaining state in the northeast, Maine, was ranked 17th. Out of the 16 states with the lowest per student spending, 15 were in the South and West regions. The remaining state, South Dakota, was in the Midwest.

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Bullying of Kids With Disabilities - Part I

English: this is my own version of what bullying looks like (Photo credit: Wikipedia)

We are repeating our very popular series on bullying of children with disabilities.  This was one of our best received series, and bullying remains the hot button issue in special education law.  We will include some updates and news.  Please enjoy the series and send us any feedback!

Bullying is a real problem in our society.  Bullies often take advantage of those whom they perceive as weaker.  The Columbine tragedy brought the problem to a higher level of public awareness, but the problem persists.

Kids with disabilities are often singled out by bullies.  This has become one of the hottest of hot button issues in special education law.  Several laws could be implicated, but my focus here will be upon whether bullying can constitute a violation of IDEA.

In the next installments, I'll discuss a well-reasoned recent decision, but first some background on the legal foundations for this analysis:

In the seminal decision by the Third Circuit in Shore Regional High Sch. Bd. of Educ. v. P.S. 381 F.3d 194, 41 IDELR 234 (3d Cir. 8/30/2004) recognized that bullying could prevent educational benefit, and a school district’s failure to respond could constitute a denial of FAPE.  See also, Gagliardo v. Arlington Central Sch Dist 489 F.3d 105, 48 IDELR 1 (2d Cir. 5/30/2007).

          Shortly, thereafter the Second Circuit ruled that a student with a disability cannot receive educational benefit or FAPE if he is not in a safe environment.  Lillbask ex rel Mauclaire v. State of Connecticut Dept. of Educ.  397 F.3d 77, 42 IDELR 230 (2d Cir. 2/2/2005).  

           These cases provide the analytical foundation.  

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Seclusion & Restraints Bill Reintroduced in Congress

, U.S. Congressman. (Photo credit: Wikipedia)

Representative George Miller, the ranking member of the House Education Committee reintroduced the Keep All Children Safe Act in the Congress on Thursday of last week. The bill had passed the House of Representatives last year with bipartisan support, but it died in the Senate.

The law would regulate the abuses and misuses of the seclusion and restraint techniques on schoolchildren.  Abuses have been well documented including, but are by no means limited to, abuses involving children with disabilities. A GAO report in 2009 confirmed a previous study by the National Disability Rights Network entitled "School is Not Supposed to Hurt."

The Keeping All Students Safe Act would direct the Secretary of Education to establish minimum standards that would:

• prohibit elementary and secondary school personnel from managing any student behavior by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety;
• prohibit school personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken;
• require states and local educational agencies to ensure that a sufficient number of school personnel receive state-approved crisis intervention training and certification in first aid and certain safe and effective student management techniques; and
• require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child.

You can view the press release here.A You-tube video of the introduction of the bill is available here. You can read the entire bill here.

Our Series On Bullying Rides Again

Some states in the United States have implemented laws to address school bullying. Law prohibits bullying of students based on sexual orientation and gender identity Law prohibits bullying of students based on sexual orientation only School regulation or ethical code for teachers that address bullying of students based on sexual orientation Law prohibits bullying in school but lists no specific categories of protection No statewide law that specifically prohibits bullying in schools (Photo credit: Wikipedia)

Bullying of children with disabilities remains the hottest of hot button issues in special education law.  Unfortunately bullying remains a huge problem.

We have had many requests to repeat the series on Bullying that we ran on these pages last year.  The series is an in depth review of the law in this ever-changing field.  NOTE special education law is a lot closer to metaphysics than it is to contract law.  It is new law (ie, it didn't come over on the boat from England.)  If you like hornbook rules and certainty, this may not be your field of law!  Beware.

In addition to the law, our series with its posts and postscripts and updates, also provides a lot of resources that are useful to those working in this field including studies on the prevalence and effects of bullying.

So starting next week, we will be repeating the bullying series, with some relevant updates and tweaks. Please make sure that your tray tables are secure and that your seats are in their upright position...

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The Intersection of Foster Care and Mental Health

Seal of the United States National Council on Disability. (Photo credit: Wikipedia)

Our friends over at the National Council On Disability recently posted an interesting op ed piece on their blog concerning the issue of kids with mental disabilities in foster care. You can review their post here.  I found it interesting, but please note the following is not my work but that of the authors:

The Intersection of Foster Care and Mental Health

By Stephanie Orlando, Member, National Council on Disability (NCD) with the assistance of Robyn Powell, NCD Attorney Advisor

May is recognized as both National Foster Care Awareness Month and Mental Health Awareness Month. What most people do not realize is the overlap that often comes with membership in these populations.

In the United States, there are more than 400,000 children and teens in foster care.  Research reveals that children and teens in the foster care system have disproportionately high rates of psychiatric disability.

One study by the National Institute of Mental Health found that nearly half (47.9 percent) of youth in foster care were determined to have clinically significant emotional or behavioral problems. Likewise, researchers at the Casey Family Programs estimate that between one-half and three-fourths of children entering foster care exhibit behavioral or social competency problems that warrant mental health services.

Youth who have “aged out” of foster care also show high rates of psychiatric disability.  According to a study by the Casey Family Programs and Harvard Medical School, a high number of former foster children have psychiatric disabilities as adults. Over half of foster care alumni had diagnoses compared to 22 percent of the comparison group.

The disproportionate level of diagnoses is perhaps most evident with post-traumatic stress disorder (PTSD).  Thirty percent of foster alumni are diagnosed with PTSD, which is about twice the rate of U.S. combat veterans.

In 2008, the National Council on Disability (NCD), an independent federal agency that advises the President, Congress, and other federal agencies on disability policy, issued a comprehensive report Youth with Disabilities in the Foster Care System: Barriers to Success and Proposed Policy Solutions.

In that report, NCD found: “While the federal investment in the multiple systems with which these youth come in contact is significant, the disconnectedness and lack of coordination across programs and agencies call into question the effectiveness of government efforts.”

Five years later, the problems remain. The mental health needs of children and teens in foster care continue to be overlooked and inadequately addressed, often with detrimental consequences.

A significant number of the estimated 20,000 young people who leave foster care each year face inordinately bleak futures. According to researchers, just over half of these young people – 54 percent – earn a high-school diploma and a quarter of them become homeless.  On average youth aging out of the foster care system with psychiatric disabilities fare even worse.

In 2003, researchers at Georgetown University estimated that only 42 percent of students with mental health diagnoses graduate from high school. As such, foster care youth with psychiatric disabilities find themselves at a double disadvantage.

As we acknowledge both National Foster Care Awareness Month and Mental Health Awareness Month, NCD renews its call to action. We urge legislators, policymakers, and service providers to direct significant attention to the needs of children and teens with psychiatric disabilities in the foster care system by making these recommendations:

•       Increased flexibility to states and communities so programs and services can be most effectively structured to meet the needs of children and teens with disabilities in foster care;
•       More federal support for research and demonstrations to identify effective policies and practices that lead to positive outcomes for children and teens with disabilities in foster care;
•       Improvements in the quality, availability, and affordability of mental health services and supports;
•       Better training for foster care parents and increased recruitment of individuals willing to foster children and teens with disabilities;
•       Greater access to individualized, comprehensive transition services, including mental health care, for children and teens with disabilities aging out of foster care; and increased collaboration among the education, juvenile justice, child welfare, labor, dependency court, health, and mental health systems.

Further, NCD applauds the President’s new budget proposal to fund mental health initiatives. The proposed $205 million to help identify mental health problems, improve access to mental health services, and support safer school environments, if adopted, will fill an important void for many children and teens in foster care with psychiatric disabilities.

The goal for America’s foster youth to live healthy, happy lives and to become self-sufficient, contributing members of society is achievable, but we should not –and cannot – forget those young people who face significant barriers to reaching these goals.

Our nation must make a strong commitment to support children and teens with psychiatric disabilities throughout their time in foster care and take the steps necessary to ensure that a safe, healthy and positive transition to adulthood is planned for as the end goal.

This can only happen if we include youth with psychiatric disabilities in the planning process and in our communities going forward. The foundation we, as a society, build for children and teens in foster care during their formative years will likely become the basis for the future they create. Let’s build it on solid ground.

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Tech Update: Our Linkedin Group Now Has Over 7,500 Members!

This is icon for social networking website. This is part of Open Icon Library's webpage icon package. (Photo credit: Wikipedia)

If you have not yet checked it out, the Special Education Law Group that we started through this blog over on LinkedIn now has over 7,500 members.  (That is not a typo!) You should go to the group's site and take a look.  There are always good discussions- sometimes even heated disagreements. If you lose this post, there is always a link to our LinkedIn group on the lefthand side of the blog. It is a part of our effort to use social media to spread good impartial information about special education law.

For history buffs, we also used to have a Facebook group.  At some point Facebook got all corporate in our face and "archived" our group because we were not constantly issuing nonsensical posts about what we ate for breakfast, etc. The group still exists, but it is cumbersome.

There are also many other resources available on the lefthand side of the blog.  You can sign up for a free subscription to the blog (three kinds of them.) You can view the CADRE interview videos of me. (If the written word is not enough!)

You can also finds links to all sorts of other helpful websites, including CADRE, the IDEA statute and federal regulations, NICHCY - the information clearinghouse, and OSERS- the federal agency.  We also have links to some other great blogs.

We are always looking for new impartial resources to share.  We don't recommend sites that favor either parents or school districts, even though there are some good ones.  We try to be impartial here. Let us know if you have any recommendations.

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