C4CLP

Sunday’s Children and the Law News Roundup

Michigan appeals court rules that juveniles serving mandatory life for murder won’t be freed, Detroit Free Press, Michigan

The Michigan appeals court has ruled a landmark U.S. Supreme Court decision that ends mandatory life without parole sentences for juveniles convicted of murder will not apply retroactively to teens already found guilty who have exhausted their direct appeals. That means 358 Michigan prisoners serving mandatory life sentences without parole for murders committed when they were under 18 will remain behind bars. Michigan ranks second in the country in terms of juvenile lifers…

Elementary Schoolers’ Arrests In Florida Alarm Justice Officials , The Huffington Post, The Orlando Sentinel, Florida

The spate of arrests, which includes at least nine felony charges, has alarmed Orange County’s juvenile-justice community and prompted a judge to meet with the school’s principal.
It is “ridiculous” to criminalize students for behavior that is tied to their disabilities, said Olga Telleria-Khoudmi, juvenile-division chief for the Orange/Osceola Public Defender’s Office.

Preventing the Tragedy of LGBT Youth Homelessness, Juvenile Justice Blog

One of the largest populations of homeless youth is composed of LGBT teens who have come out to their families and are then disowned and forced to leave. While 1.7 million adolescents experience at least one episode of homelessness a year, between 20-to-40 percent of that population identify as LGBT.

GAO: Charter Schools Enroll Less Students with Special Needs

The Government Accountability Office released a new report, at the request of Congressman George Miller (D-CA), that found that charter schools around the country enroll less students with special needs than traditional public schools.

GAO researchers focused on three questions:

  1. How do enrollment levels of students with disabilities in charter schools and traditional public schools compare, and what is known about the factors that may contribute to any differences?
  2. How do charter schools reach out to students with disabilities and what special education services do charter schools provide?
  3. What role do education, state educational agencies, and other entities that oversee charter schools play in ensuring students with disabilities have access to charter schools?

Here’s what the GAO found:

Charter schools enrolled a lower percentage of students with disabilities than traditional public schools, but little is known about the factors contributing to these differences. In school year 2009-2010, which was the most recent data available at the time of our review, approximately 11 percent of students enrolled in traditional public schools were students with disabilities compared to about 8 percent of students enrolled in charter schools.

GAO also found that, relative to traditional public schools, the proportion of charter schools that enrolled high percentages of students with disabilities was lower overall. Specifically, students with disabilities represented 8 to 12 percent of all students at 23 percent of charter schools compared to 34 percent of traditional public schools. However, when compared to traditional public schools, a higher percentage of charter schools enrolled more than 20 percent of students with disabilities.

Several factors may help explain why enrollment levels of students with disabilities in charter schools and traditional public schools differ, but the information is anecdotal. For example, charter schools are schools of choice, so enrollment levels may differ because fewer parents of students with disabilities choose to enroll their children in charter schools. In addition, some charter schools may be discouraging students with disabilities from enrolling. Further, in certain instances, traditional public school districts play a role in the placement of students with disabilities in charter schools. In these instances, while charter schools participate in the placement process, they do not always make the final placement decisions for students with disabilities. Finally, charter schools’ resources may be constrained, making it difficult to meet the needs of students with more severe disabilities.

Most of the 13 charter schools GAO visited publicized and offered special education services, but faced challenges serving students with severe disabilities. Most charter school officials said they publicized the availability of special education services in several ways, including fliers and placing ads in the local newspaper. Many charter schools GAO visited also reported tailoring special education services to individuals’ needs, but faced challenges serving students with severe disabilities due to insufficient resources. About half of the charter school officials GAO interviewed cited insufficient resources, including limited space, as a challenge.

COPAA has additional coverage. And one blogger noted that the report’s release was “exquisitely timed” because it coincided with the national charter school conference in Minneapolis.

Unfortunately, the report doesn’t give any substantive coverage to why students with special needs may be underrepresented in charter schools. Without that evidence, little can be done to remedy the problem. A heated debate between pro-charter school and pro-special education advocates likely will do little to push the issue forward without hard proof of what is causing the disparity.

Microboards: How They Can Help Kids with Special Needs

The recent economic downturn has led to a drastic reduction in the funding available through states to children and families with disabilities. Less funding means children with special needs get fewer services. Accordingly, families may justifiably feel that they have lost control of the direction of their child’s development. They may feel that the high hopes they once had for their child’s education has become an impossible dream.

Microboards have gained momentum recently as a legal option that can put individuals with disabilities and their families and friends back in control.

The idea is a simple one: have the family and friends of a person with an intellectual or developmental disability retain control of the most important decisions affecting their loved one’s life goals. Microboards were first developed in Canada in the 1980s by David and Faye Wetherow. Today, the Pennsylvania Microboard Association states that more than 400 U.S.-based microboards exist in 20 states. The Texas Microboard Collaboration, a project of The Arc of Texas, defines a microboard as “a small group of committed family and friends who join together with an individual with a disability to create a non-profit organization.” Microboards are governed by a board of directors, which includes 5 to 7 family members and friends that have an interest in the wellbeing of the individual with special needs.

The board of directors of the microboard creates a “PATH,” or Planning Alternative Tomorrows with Hope. The path is like the mission statement of the microboard. It is person-centered and sets out a positive, goal-focused vision for the the microboard’s beneficiary.

Once the individual’s PATH is established, a microboard can be operated in one of two ways. The Arc of Texas provides an excellent summary of each option:

  • Natural Support. The Microboard can use readily available “natural” supports and resources by finding people willing to help in a systematic way and using generic community resources (i.e. housing program funding, grants from local banks, volunteer services, etc.). The corporate structure of the microboard ensures sustainability of the support network. It gives families peace of mind that something legal and concrete is in place with people who know and care for the individual.
  • Provider. If an individual receives Medicaid Waiver Program funding from the state, his or her microboard can apply to be a provider of Home and Community Services (HCS) or Texas Home Living (TxHmL) for the person. The microboard would manage all aspects of the individual’s care and hire staff who would be paid by the microboard with waiver program funding.

The first operating option–natural support–is fairly straightforward. A nonprofit entity can still be created, but is not as critical as in the second option. The “provider” option gives family and friends better control over the finances that pay for services for the individual with special needs. The microboard can build a build account for the benefit of the individual. With this money, the microboard can purchase necessities like home appliances and staff transportation to bring the individual to appointments. The microboard can also rent office space in the home of the individual. This transaction provides additional discretionary income for the individual and can be a critical component in funding services outlined in the individual’s PATH. Finally, one of the most important facets of the “provider” option is that the microboard can directly hire home living or direct-care workers. The microboard can also serve as the provider organization and receive Medicaid Waiver Program funding to pay staff.

Microboards are still a rare find, but they are growing in popularity because of the control they can return to families of individuals with intellectual or developmental disabilities. Many families are likely intimidated by the prospect of creating a nonprofit organization or establishing a trust. Putting together a “board of directors” sounds like a difficult undertaking. However, many families have found that the time and motivation invested in establishing a microboard has led to a satisfying result. Plus, a number of organizations around the country are providing free or discounted consulting services to get families started.

For more information on microboards, check out Texas Microboard Collaboration FAQs and a brochure on microboards written by The Arc of Texas. To get help with a microboard, you will likely find some great resources from your state’s chapter of The Arc of the United States.

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A publication of the Center for Children, Law & Policy at the University of Houston Law Center.

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Contact us with questions, comments, or guest posts at Center4CLP@uh.edu.

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