Guide for Charter Schools in NYS

Transcription

1 New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) Toll-free number: (800) Website: A Publication of the New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS) February, 2012 Guide for Charter Schools in NYS

2 What is a Charter School? Charter schools are public schools that are run by an independent private team. Charter schools are not private schools, or gifted and talented schools. They receive local, state and federal public funding, and often private funds as well. Charter schools must follow most federal and state laws governing education, as well as the Charter Act. Charter schools are free and do not charge tuition. Charter schools are considered to be their own LEA or Local Education Agency for most purposes, except for special education. They must renew their charters every 5 years. When the number of applications is larger than the number of available seats, charter schools must conduct a random lottery to determine admissions. Enrollment preference in the lottery goes to: (1) Returning Students (2) Siblings of students already enrolled, and (3) Pupils residing in the school district in which the charter school is located. NYS-TEACHS is funded by the New York State Education Department and is housed at Advocates for Children of New York. This guide does not provide legal advice and should not be used as a substitute for seeking professional legal advice. It is a summary of policies and laws Charter schools may also give preference in their lotteries to students at-risk of academic failure, students with disabilities, and English language learners. Charters schools may establish single-sex schools. In this Guide: School Selection: Pages 3-5 Enrollment: Page 6 Tips and Resources: Transportation: Pages 7-8 Pages Unaccompanied Youth: Page 9 Special Education: Pages Liaison Responsibilities: Page 12 2

3 Contact Information Western New York Region Neighborhood Legal Services, Inc. (716) Western New York Law Center (716) LEGAL ADVOCACY ORGANIZATIONS IN NEW YORK STATE Long Island Region Nassau/Suffolk Law Services Committee, Inc. (631) Central New York Region Legal Services of Central New York, Inc [Toll-free] Hudson Valley Region/North Country Region Disability Advocates, Inc. (800) [Toll-free] Lower Hudson River Region Legal Services of the Hudson Valley (877) [Toll-free] Neighborhood Legal Services, Inc. (716) Every charter school must have a liaison to assist students in temporary housing. This person is sometimes called the homeless liaison, LEA liaison, or the McKinney-Vento liaison. All LEAs must have McKinney-Vento Liaisons, and charter schools are no exception. Children in temporary living situations have a right to participate in charter school lotteries and attend charter schools, just like permanently housed students. A Charter school cannot exclude a child because he or she is homeless. Students in temporary housing, students with special education needs, and English language learners ALL have the right to participate in the lottery for any charter school in New York State. *Charter schools should award geographic enrollment preference to students in temporary housing who are temporarily housed within the school district, and to those who were most recently permanently housed within the school district in which the charter school is located. Charter schools are required to create discipline policies explaining their procedures. Charter school students cannot be suspended or removed unless the school follows the procedures. Educational Rights 18 3

4 Contact Info: Students with Disabilities If your family is living in ANY of the following situations Contact Information OTHER RESOURCES FOR FAMILIES LIVING IN NEW YORK STATE Housing that is not Fixed, Regular AND Adequate; A shelter, emergency or transitional housing; Sharing housing due to loss of housing or economic hardship; In a motel, hotel, trailer park, or camping grounds due to lack of other housing; In a car, park, public space, abandoned building, or bus or train station; Awaiting foster care placement; or In any of the above housing arrangements and are eligible for the Migrant Education Program... your children have important educational rights under the McKinney-Vento Act, a federal law. If you or your family need emergency housing, food or other health care contact the local Department of Social Services for the county in which you live. You can also try contacting the following organizations: Eviction prevention: (518) Food stamps, home electricity and heat: (800) or (800) (upstate) Emergency Food Assistance: Feeding America (800) Domestic and Sexual Violence Hotlines: (800) (English) (800) (Spanish) Health Care/Medicaid: (800) College Scholarships: - LeTendre Education Fund provides college scholarships for students who are or have been homeless: - Education and Training Voucher Program provides up to $5000 a year for foster youth and former foster youth to go to college:

5 School Selection Contact Info Contact Information ORGANIZATIONS THAT 16 WORK WITH FAMILIES OF INDIVIDUALS WITH DISABILITIES Parent to Parent of New York State (Offices across state) Phone: Web: The Advocacy Center (Rochester) Phone: (800) Web: Student Advocacy, Inc. (Westchester) Phone: (914) Spanish Speakers: (914) ext. 116 Web: Long Island Advocacy Center (Long Island) Phone: (516) TTY: (516) Web: Parent Network of Western New York (Buffalo) Phone: (716) Web: Family Resource Network, Inc. (Oneonta) Phone: Syracuse University Parent Advocacy Center (Syracuse) Phone: Web: Choosing a School: Children and youth who are temporarily housed have the right to choose between the local school(s) zoned for where they are currently living, the school they last attended or the school where they were last permanently housed. This choice may include a charter school! What is the local school? The local school is the school or schools zoned for the area where the student is temporarily living or any school permanently housed students living in the same zone can attend. This can include a charter school. What is the school of origin? The school of origin is the school where the student was last enrolled or the school the student attended before she lost her housing. This also includes the school the student was entitled to attend when last permanently housed. The school of origin may be a charter school. How do I decide? There are many things to consider when deciding where to send your child to school, and every family is different. It s often better to keep children in the school they have been attending so they can remain with their classmates and teachers they know. Students who transfer have to make new friends and get used to new classes, and it can take several months for students to catch up with their school work. But sometimes it makes sense to transfer because of transportation issues (see pages 7-8), or, for some families, because of safety concerns. What if this is my child s first year of school? If your child has never been enrolled in school, you should find out which schools are zoned for the address where you are temporarily living and enroll your child in that school. You can also participate in a charter school lottery. 5

6 HOW DO I ENROLL IN A CHARTER SCHOOL? Contact Information FOR HELP WITH SPECIAL EDUCATION SERVICES Charter schools each have their own application processes that are different from public school registration. Most charter schools accept applications from December through April, for enrollment the following September. Many charter schools receive more applications than there are classroom seats, and conduct a lottery to decide which students to enroll. When the number of applications is larger than the number of available seats, charter schools must conduct a random lottery to determine admissions. Enrollment preference in the lottery goes to: (1) Returning Students (2) Siblings of students already enrolled, and (3) Pupils residing in the school district in which the charter school is located. Some charter schools may also give preference in their lotteries to students at-risk of academic failure, students with disabilities, and/or English language learners. Charters schools may establish single-sex schools. Students in temporary housing are subject to the same lottery rules for charter school enrollment as their permanently housed peers. Charter schools cannot exclude a student based on the fact that he or she is temporarily housed. For a list of charter schools statewide, you can visit For help securing services for children and youth with disabilities, including special education services, contact the Committee on Pre-School Education (CPSE) for children 3-5 years old or the Committee on Special Education (CSE) for children 5-21 years old in the school district you want your child to attend. If you have difficulty contacting the CPSE or the CSE contact the Office of Special Education Quality Assurance regional office closest to where you are living. The regional offices work with local districts, parents, and others to help them understand the complex issues related to special education services and to resolve concerns that may arise. Central Regional Office (315) Eastern Regional Office (518) Hudson Valley Regional Office (518) New York City Regional Office (718) Western Regional Office (585)

7 Transportation Still have questions??? If you have additional questions regarding a student in temporary housing, or if you need assistance contacting your local LEA liaison or another agency listed in this guide, please call... NYS-TEACHS New York State Technical and Education Assistance Center for Homeless Students or- Melanie Faby Program Associate for Homeless Education, NY State Education Department HOW WILL MY CHILD GET TO SCHOOL? Students who attend a charter school are entitled to transportation to and from school if they lose their housing and become homeless even if they move outside their original district or school zone. To make transportation easier for charter school students in temporary housing, they should designate the school district where they were last permanently housed the district of origin on the designation form, known as the STAC 202 form. In most cases, the district of origin must transport students in temporary housing to and from school as long as the distance is no more than 50 miles each way. Students living in temporary housing who designate their new local school district are entitled to the same transportation services that permanently housed students receive. Typically, a local district will only transport students to a charter school if it is within 15 miles, and if the district also transports students to non-public schools. Family members of students living in temporary housing may also be entitled to free transportation services to accompany their children to school, or to attend school meetings, teacher conferences or other school appointments. If a student in temporary housing moves into permanent housing and continues Transportation, cont d 14 7

8 to attend the same charter school, the district where the student is permanently housed will be expected to provide transportation up to 15 miles if they also transport students to non-public schools. How do I request transportation to school for my child to attend a charter school? Families should contact the LEA liaison at the charter school where the student is enrolled to request transportation OR the liaison in the district of origin. Liaisons must work together to ensure that transportation is arranged promptly. Contact information for all liaisons can be found on the NYS-TEACHS website, www. nysteachs.org, or by calling NYS-TEACHS at (800) How long can my children get transportation to school? Children and youth living in temporary housing are entitled to transportation to their school of origin for as long as they are living in temporary housing. There is no time limit on how long a family can live in temporary housing. It may be a few weeks or several years. The same rule applies where the school of origin is a charter school. When does the local Department of Social Services (DSS) have to arrange transportation for my children to go to school? DSS is responsible for transportation if DSS places a family in emergency housing outside of the school district the student has designated to attend and the student is eligible for Emergency Assistance for Families (EAF). To find out if your child is eligible for EAF, contact your DSS caseworker. TIPS FOR CHARTER SCHOOLS How does a charter school ensure that students in temporary housing have a fair chance to enroll? Coordinate with LEA liaisons in the area and the local department of social services to get the word out to parents in temporary housing about application due dates and the lottery process; Distribute special publications about your school and the application in shelters, motels, food pantries, community-based organizations, and other locations that children and youth in temporary housing may visit; Collaborate with caseworkers from the local department of social services and community based organizations to help parents and youth complete the application for your school; and Invite parents living in temporary housing to an Open House at your charter school. Contact information for all LEA liaisons can be found at with phone numbers and addresses. 8 13

9 Preschool/Liaison Responsibilities LIAISON RESPONSIBILITIES WHAT IF I M A YOUTH ON MY OWN? Each district, charter school and BOCES in New York State has a designated LEA homeless liaison.* Under federal and state laws, LEA liaisons must: Identify children and youth experiencing home- lessness by coordinating with other agencies; Make sure students who are homeless are en- rolled in school immediately and have an equal chance to do well in school; Refer students who are homeless to any medical, dental, mental health or other services they need; Tell parents about all the programs and services the school has for their children who are homeless; Put up notices about the educational rights of students in homeless situations; Settle disagreements between schools and fam- lies or youth quickly; Tell parents and youth about all transportation services and help set up transportation for students who are homeless * To find out who the LEA liaison is in your charter school, contact NYS- TEACHS at (800) or visit Youth who are homeless and who are not living with their parents or legal guardians can and should go to school. They can also participate in charter school lotteries. What is an unaccompanied youth? An unaccompanied youth is a youth who is not in the physical custody of his or her parents. Unaccompanied youth are covered under McKinney-Vento if they are living in temporary housing as described on page 4. If I am living apart from my parents in a temporary housing situation, can I enroll in school without my parents? YES. Unaccompanied homeless youth DO NOT need a parent with them to enroll in school. Charter schools should allow unaccompanied youth participate in the lottery, and should refer them to the Liaison for help. If offered a seat in the charter school, the school should enroll the youth immediately, even without any paperwork the school might ordinarily need. When you go to the school to enroll, you should ask to speak with the LEA liaison who can help you with enrollment. If that person is not available, call NYS-TEACHS at (800) Schools should never refuse to enroll students in order to force them to go home or to punish them for leaving home. 12 9

10 Special Education CHARTER SCHOOLS AND SPECIAL EDUCATION Students who attend charter schools are entitled to receive the same special education services they would be entitled to in a regular public school. All charter school students must designate a school district, and the designated district is responsible for ensuring special education services are provided. In many cases the services can be provided on site at the charter school. If the charter school is unable to provide the services, they may arrange for the student to receive services off-site. Under federal law, students with disabilities who have current Individualized Education Plans (IEPs) and transfer to a new school should be placed in school immediately and receive services like those they received at their old school. If my child already has an IEP and transfers to a new school district, or a new charter school, does he have to wait for the Committee on Special Education to have a meeting before he can start attending school and receiving services? NO. If your child has a current IEP, he should be able to be placed immediately in school and should receive services comparable to those on his IEP. The Committee on Special Education can write a new IEP, but your child does not have to wait to receive services while this happens. Who is responsible for implementing my child s IEP at a charter school? The charter school must ensure that students with IEPs receive the services on the IEPs. The charter school may provide the services directly, or may contract with another provider, or may request that the CSE in the designated district provide the services. If the charter school asks the CSE to provide the services, the CSE should provide services on site at the charter school whenever possible. How long should it take for special education services to begin once I request an evaluation? No more than 60 school days. Evaluations, an IEP meeting, and placement must be completed within 60 school days from the day the parent consents for evaluation. This is the same timeline used for permanently housed students. Can I have my child evaluated for special education services even though I may be moving soon? YES. Schools must evaluate students for special education services if the parent makes a request even if student may be transferring schools soon