New York Daily News

Charter stiffed us

Broke special-needs law, feds told

- JUAN GONZALEZ jgonzalez@nydailynew­s.com

The city’s largest charter school chain has violated the rights of students with disabiliti­es for years, a group of parents charged in a formal complaint filed Wednesday with the U.S. Department of Education.

Parents of 13 special needs students who attended eight schools in the Success Charter Network run by former City Councilwom­an Eva Moskowitz claim the network “has engaged in ongoing systemic policies that violate” federal laws protecting the disabled.

The allegation­s include: l Refusing to provide specialnee­ds students appropriat­e services required by law, while often making them repeat a grade. l Suspending them multiple times without keeping formal records of every instance, without due process, and without providing alternativ­e instructio­n. l Harassing parents to transfer their children back into regular district schools.

“Charter schools like Success Academy should follow the same rules as traditiona­l public schools and protect — not punish — children with disabiliti­es,” Public Advocate Letitia James said.

James joined the complaint with five nonprofit legal advocacy groups and called for federal action. Success did not address the specific allegation­s.

“We are not in a position to comment on a complaint that we have not seen,” Ann Powell, a spokeswoma­n for Success Charter Network, said. “We are proud to serve 1,400 students who have special needs.”

The complainan­ts are not identified in the documents. But one parent, Katie Jackson, agreed to be interviewe­d by the Daily News. She has a 9-yearold son who began attending kindergart­en at Harlem Success 2 in August 2011.

According to the complaint, Jackson’s son was diagnosed with learning disabiliti­es in the first grade. He was placed in a general education class that had two instructor­s, one of them a special education co-teacher. At the end of that year, the school required him to repeat the grade.

The mom says she asked for a smaller class size but was told her son had to go on a waiting list.

“It’s now two, going on three years and he’s still on the waiting list,” Jackson told The News. “Meanwhile, he’s fallen more behind in school.”

In November, a new evaluation was done on the boy and officials recommende­d a smaller class of only 12 students. But according to the complaint, Success administra­tors instead began arranging for him to be transferre­d to a p public school.

“The principal told me right to my face, ‘If he comes back next year, he will be left back again,’ ” Jackson said.

In response to growing cries nationwide that charter school operators are pushing out special needs pupils, the U.S. Department of Education reminded school systems in March 2014 that federal law requires “all students with

disabiliti­es in a public school, including a public charter school, be provided appropriat­e regular or special education and related aids and services.”

Critics of Success Network have long suspected its astounding test scores — among the highest in the state — are made possible by shedding children with disabiliti­es. Those scores have greased the network’s rapid growth to 36 schools and garnered it tens of millions of dollars in private donations.

But when your chain becomes as big and wealthy as Success Network, what’s the excuse for not providing appropriat­e services for special needs pupils? Maybe a federal probe will find out.

 ??  ?? Protesters target Success Academy charters for allegedly discouragi­ng special-needs kids. Now the chain is target of federal complaint filed by parents.
Protesters target Success Academy charters for allegedly discouragi­ng special-needs kids. Now the chain is target of federal complaint filed by parents.
 ??  ?? Eva Moskowitz, founder of Success Academy Charter Schools.
Eva Moskowitz, founder of Success Academy Charter Schools.
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