Articles tagged with IDEA

NSBA encourages U.S. Supreme Court to clarify school district responsibility for student’s mental health treatment under IDEA

The National School Boards Association (NSBA) urges the U.S. Supreme Court to make it clear that school districts are not required to pay for a student’s mental health services in a residential care facility if those services are not needed primarily for educational purposes.

In an amicus brief, NSBA and the Colorado Association of School Boards are asking the High Court to review Jefferson County School District R-1 v. Elizabeth E.,  a case from the U.S. Tenth Circuit Court of Appeals, and clarify the limits of the tuition reimbursement provision of the nation’s main special education law, the Individuals with Disabilities Education Act (IDEA).

“School districts are dedicated to educating children with disabilities, but federal law should recognize that they are not designed or funded to function as medical care providers,” said NSBA Executive Director Thomas J. Gentzel. “Districts should not be required to pay for expensive health services that are needed primarily for medical treatment of mental health issues, not educational needs, because those would be beyond the scope and intent of IDEA.”

The case involves Elizabeth E., a student in Jefferson County, Colo., who was diagnosed with several mental health conditions. Until the eighth grade, she attended a private school, for which the Jefferson County Public Schools agreed to pay half the tuition. When Elizabeth’s behavioral disabilities began escalating, her parents unilaterally placed her in a residential treatment center out of state and sought reimbursement from the school district.

The U.S. Tenth Circuit Court of Appeals ruled the parents were entitled to reimbursement under IDEA. The appeals court reached its decision by creating an entirely new standard that added more turmoil to an area of law in which other courts have already devised several conflicting standards, leaving no clear guidance for school districts.

“We urge the High Court to reverse the Tenth Circuit’s ruling which would require public schools to bear mental health care costs under the IDEA in a manner unintended by Congress,” said Francisco M. Negrón, Jr., NSBA’s General Counsel. “The high costs associated with such an interpretation of the IDEA could ultimately undermine the ability of public schools to provide educational services for all children.”

Learn more about the case in NSBA’s Legal Clips.

Alexis Rice|May 8th, 2013|Categories: School Law, Special Education|Tags: , , , |

NSBA: Fordham survey misses the mark on school funding

The National School Boards Association Executive Director Anne L. Bryant was asked to comment on a new survey by the Thomas B. Fordham Foundation that shows how members of the public would cut funding for public schools. The survey found that many would prefer to downsize the ranks of administrative staff rather than teachers, freeze teacher salaries, or lay off teachers based on factors other than seniority. Bryant’s response is below.

Looking at the new Thomas B. Fordham Foundation’s survey, “How Americans Would Slim Down Public Education,” it’s abundantly clear that Americans are interested, engaged and supportive of their local schools. There is also an overriding sense that many of these hard choices must be made at the local level with a community’s input–thus showing clear evidence for the need for local school boards.

The authors have created a scenario of choosing between critical programs and staff for public schools—choices such as laying off teachers, instructional leaders, arts and music classes and extracurricular activities. However, this survey is about four years late–many public schools are already operating on a bare-bones administration and have been forced to make tough choices to lay off teachers and cut academic programs. And with the federal government looking to implement sequestration this January, K-12 programs may see further across-the-board cuts.

While reducing the number of administrators seems like the obvious answer, as 69 percent of respondents chose, many of these officials play key roles in developing curriculum, managing services, and performing other duties that are directly tied to student achievement. Like any business, school districts need officials to manage budgets and operations to ensure that students are safe and teachers and principals can focus on their jobs.

The public sent a clear message that they prefer forgoing raises or slight salary cuts for teachers and other staff in lieu of layoffs. We’ve seen many examples of school boards, administrators and union representatives working together to navigate these budget choices. For instance, school board members and officials in the Boone County Public Schools in Florence, Ky., worked with their teachers union on a plan to forgo raises in lieu of layoffs, so that student/teacher ratios could be maintained. The labor-management relationship “is truly a relationship built on trust, accountability and respect,” as school board member and current President of the National School Boards Association (NSBA) C. Ed Massey recently told me, and the board has brought in coaches to help all teachers improve their skills. That’s an investment that has paid off in continuous improvement in student learning and college and career readiness, as evidenced by average ACT scores that have climbed from 19.5 in 2008 to 20.9 in 2012.

Fordham should not be at all surprised at the tepid response for full-time cyber schools, as too many at-risk students are performing poorly, or simply not logging in. The Center for Public Education found in its recent report, “Searching for the Reality of Virtual Schools,”  that emerging research shows dismal results for some schools and there is little accountability for public funds.

One aspect of the survey is particularly flawed. The questions related to support for special education services show that, among other findings, 71 percent say programs should be evaluated on their effectiveness and “replaced” if deemed not effective.

The survey questions ignore the landmark 1975 Individuals with Disabilities Education Act (IDEA)  law that mandates a “free appropriate public education” in “the least restrictive environment” for every student identified with a disability. This was a major victory for students with disabilities who previously had been denied an education or received inferior services. Since the law’s passage the numbers of students with disabilities have increased tremendously, largely because of better diagnoses of conditions such as autism and in part because better medical treatments have allowed some severely disabled students to live and attend mainstream schools. More recent reauthorizations of the law have instilled new accountability requirements onto school systems to ensure that students with disabilities are meeting high expectations.

Yet the federal government has never come close to funding the 40 percent of excess costs for educating these students as lawmakers had promised in 1975. Each year NSBA and thousands of school board members and educators lobby the U.S. Congress to request full funding; however, funding currently stands at $11.5 billion, or about 17 percent, and is in danger of being reduced by $900 million through sequestration. This program has been a priority of both parties, as it frees up state and local funding to be spent on programs that each community deems to be its priorities.

A strong public education system attracts and retains businesses that are essential to local economies. Public schools must have the resources to give our students the knowledge and skills needed for long-term global competitiveness. Our nation’s future economic success depends on how smartly and adequately all levels of government invest in public education today.

Erin Walsh|August 2nd, 2012|Categories: Educational Finance, NSBA Opinions and Analysis, School Boards, Special Education, Teachers|Tags: , , , , , |

IDEA covers educational expenses, not medical ones, NSBA says in court brief

The National School Boards Association (NSBA) and five state school boards associations are asking the 10th U.S. Circuit Court of Appeals to overturn a lower court decision requiring a Colorado school district to pay for a student’s residential psychiatric treatment as part of its responsibilities under the Individuals with Disabilities Education Act (IDEA). In a joint amicus brief filed this week, NSBA and the state associations say that IDEA was never intended to cover medical and mental health expenses, and that requiring school districts to do so would deplete the limited funds for public schools.

While school districts “are dedicated to educating children with disabilities,” the brief says. “They are not designed or funded to function as medical providers.”

The case involved Elizabeth, a student Jefferson County School District R-1(JCSDR-1), who suffered from a posttraumatic stress disorder and a number of other psychiatric and emotional disorders. As a result of mediated settlement with her parents when Elizabeth was in eighth grade, the district agreed to pay half her private school tuition. However, a few years later, when her condition worsened, Elizabeth’s parents unilaterally hospitalized her in an out-of-state treatment center and sought reimbursement from the district. A federal district court in Colorado said that IDEA entitled the parents to that reimbursement. The case is expected to be heard by the appeals court sometime next year.

“In these tough economic times, school districts are being forced to drastically cut their budgets,” said NSBA Executive Director Anne L. Bryant. “While IDEA ensures that all children with disabilities receive a quality education, it was never intended to shift the medical costs of treating students’ disabilities to public school districts that are already struggling with budget shortfalls.”

NSBA is joined in the appeal by state school boards associations in Colorado, Kansas, New Mexico, Oklahoma, and Utah.

Lawrence Hardy|September 28th, 2011|Categories: Educational Finance, School Law|Tags: , , |
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