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Message
re: Federal Judge Okays New Orleans Charter School Rejection Of Student With Special Needs
Posted on 9/17/26 at 1:57 pm to JimEverett
Posted on 9/17/26 at 1:57 pm to JimEverett
quote:
The father did not sure OPSB because his son attends the one school run by OPSB and is "thriving": "O.E. is currently attending NOLA-PS’s one direct-run school and is “thriving” there; though, his mother expressed that “there’s been a lot of speculation about whether the school will be in existence after this year,” which puts O.E.’s family in “limbo” regarding O.E.’s future schooling.
I wonder why they chose the Leah Chase school. If I recall correctly, the family lives Uptown. The Leah Chase school is on Carrollton near the seminary. I'm assuming they chose it because it's district run and dad had an idea for a future lawsuit.
Posted on 9/17/26 at 2:02 pm to 4cubbies
quote:
Parents of kids with IEPs? Curious when this happened. There were so many special education abuses in the years right after the storm.
My understanding is simply that the offerings available in Orleans for such students are just absolutely atrocious.
Posted on 9/17/26 at 2:09 pm to Y.A. Tittle
I guess it would depend on how profound the disability is. The school my kids attend has a reputation for accommodating kids with disabilities well. There are multiple children enrolled there in wheelchairs. Both my kids have had had kids with varying levels of autism in their classes since they were in pre-k (from high functioning to nonverbal). The school does a good job of being inclusive.
Generally, though, I don't think charter schools are optimal for kids with IEPs, simply because the charter model emphasizes "efficiency" and educating children with moderate to profound disabilities is not efficient.
Generally, though, I don't think charter schools are optimal for kids with IEPs, simply because the charter model emphasizes "efficiency" and educating children with moderate to profound disabilities is not efficient.
Posted on 9/17/26 at 2:21 pm to 4cubbies
quote:
There's really no way around this without being discriminatory, though. And if discrimination is allowed based on a disability... it just opens Pandora's Box.
In this case it wasn't discrimination based on a disability.
Unless I misunderstood something, the kid in question took the same entrance test all the other kids took, right? And the entrance classification he got is the same entrance classification all the other kids who had similar scores got, right?
Where's the discrimination based on a disbility?
Posted on 9/17/26 at 2:25 pm to 4cubbies
quote:
I wonder why they chose the Leah Chase school. If I recall correctly, the family lives Uptown. The Leah Chase school is on Carrollton near the seminary. I'm assuming they chose it because it's district run and dad had an idea for a future lawsuit.
It is OPSB that is responsible under the Education Disabilities Act, not the individualized schools. Any claim arising under that act is going to be dismissed with respect to any defendant that is not the OPSB. It seems obvious that the dad did not sue OPSB because his son was getting exactly the sort of education required by IDEA through the OPSB.
However, something does seem "off" about this thing. Not saying it is something bad or illegal, but I guess given the unique nature of the charter school dominance in Orleans Parish it seems weird. For example, under the apparent theory the Judge took - the admissions policy of the individual charter schools are basically unreviewable. At least with respect to children who are not currently enrolled in the school.
Don't know if that is by design or not, but in this day and age it is certainly a unique position.
I
Posted on 9/17/26 at 2:25 pm to wackatimesthree
These are quotes from the article in the thread linked in the OP:
quote:
Born with 21Q Partial Deletion Syndrome, Oscar has the cognitive ability of a 1-or-2-year-old child. He is nonverbal but communicates using a device that tracks his eye movement, allowing him to ask for things like water or for people like his mom, dad or younger sister.
quote:
Knowing Oscar would not be able to meet the Willow School’s testing benchmark, the family asked if he could apply to the school without taking the exam. The school refused, but offered accommodations, including a private space to take the test and extra time. Oscar took the test at the middle school campus, because the elementary school campus does not have wheelchair access. He scored in the 8th percentile in reading and the 2nd percentile in math.
Posted on 9/17/26 at 2:38 pm to JimEverett
quote:
It is OPSB that is responsible under the Education Disabilities Act, not the individualized schools.
NOLA-PS authorizes the Type 1 and Type 3 charter schools in Orleans Parish, so it still has an oversight role with respect to the schools it authorizes, although that is distinct from determining which LEA bears the FAPE obligation under IDEA. Type 2 charters are authorized by the state through BESE.
quote:
However, something does seem "off" about this thing. Not saying it is something bad or illegal, but I guess given the unique nature of the charter school dominance in Orleans Parish it seems weird. For example, under the apparent theory the Judge took - the admissions policy of the individual charter schools are basically unreviewable. At least with respect to children who are not currently enrolled in the school.
Don't know if that is by design or not, but in this day and age it is certainly a unique position.
This is an interesting point, and one that has been litigated repeatedly since the charter-school takeover post-Katrina.
Posted on 9/17/26 at 2:40 pm to 4cubbies
quote:
These are quotes from the article in the thread linked in the OP:
Yes, I saw that. I also saw this:
quote:
The Willow School requires students to pass certain eligibility requirements, including scoring a minimum requirement on the Iowa Assessment. O.E. was unable to meet those requirements. His parents asked the school to waive the testing requirement; the school refused.
Again, the school has entrance requirements measured by certain assessments. The child was measured using the same assessments used to measure all other prospective student's eligibility and as far as can be told by the information provided, his eligibility was classified the same way any student with similar scores would have been classified.
So I'm not sure what your point was in posting those quotes...as far as I can see, they don't contain any information that changes any of the facts I typed.
Just because no one expected the child to be able to pass the entrance exam doesn't change anything about the basis upon which he was denied entrance. He was denied entrance based on his measured scores, just like any other "normal" child would have been.
This wasn't a Jim Crow test that was different for disabled students. It was the same test assessed the same way.
So again I'll ask...where is the discrimination based on a disability?
This post was edited on 9/17/26 at 2:46 pm
Posted on 9/17/26 at 2:43 pm to 4cubbies
quote:
But Papillion argues that the charter schools in the NOLA district (unlike charters in other districts) are part of that district, and a charter school has an obligation to provide FAPE only to those students who enroll in that charter. The obligation to provide FAPE, Papillion argues, rests with the district and not the individual schools. The parents “may apply to any school or schools within the district.”
Way too much common sense for a judge. He will be removed from the judiciary.
This post was edited on 9/17/26 at 2:43 pm
Posted on 9/17/26 at 2:45 pm to wackatimesthree
quote:
So I'm not sure what your point was in posting those quotes...as far as I can see, they don't contain any information that changes any of the facts I typed.
You asked "Where's the discrimination based on a disbility?"
I provided context about the disabilities. He was unable to access the campus because it isn't wheelchair accessible. Had he been admitted, what would the school have done? Dad was probably arguing that was a consideration in denying the son admission.
quote:Just to clarify, I'm not arguing that there was discrimination based on disability. I'm presenting information.
So again I'll ask...where is the discrimination based on a disability?
Posted on 9/17/26 at 2:48 pm to the808bass
quote:
Way too much common sense for a judge. He will be removed from the judiciary.
Of the 66 public schools in Orleans Parish, ONE is run directly by the school board.
Posted on 9/17/26 at 2:49 pm to 4cubbies
So?
Posted on 9/17/26 at 2:52 pm to 4cubbies
quote:
He was unable to access the campus because it isn't wheelchair accessible. Had he been admitted, what would the school have done? Dad was probably arguing that was a consideration in denying the son admission.
He can frame it any way he wants, but he's going to have a hard time proving that the school came up with a test specifically designed to Jim Crow students with disabilities (that they also use for students without disabilities) just so that they didn't have to put up ramps and widen doors.
quote:
I'm not arguing that there was discrimination based on disability.
What did you mean by this, then?
quote:
There's really no way around this without being discriminatory, though. And if discrimination is allowed based on a disability... it just opens Pandora's Box.
Posted on 9/17/26 at 3:10 pm to wackatimesthree
quote:I meant there's no way around forcing districts to provide a FAPE to every student. The alternative would be allowing for exceptions based on different criteria, like which disabilities are too severe, which would provide opportunities for discrimination based on any number of factors.
What did you mean by this, then?
Posted on 9/17/26 at 3:18 pm to 4cubbies
In case you didn't hear, we are no longer doing DEI or participation ribbons and trophies.
Posted on 9/17/26 at 3:18 pm to ChatGPT of LA
quote:
Only thing my heart hurts for is the kid himself. Nit because he wasnt accepted, but because he has to be used as a pawn by his jerk father
Amen to that!
It also sounds like this school may not have special needs classes.
Everybody remembers from school that those classes helped shield those kids from those that would pick on and bully them.
Posted on 9/17/26 at 3:23 pm to Wolfwireless
quote:
also sounds like this school may not have special needs classes.
Kid is an extreme case, is what it sounds like. Very schools are set for that.
But he couldn't pass the exam, however it was administered. So, one would imagine the ciriculum who be more advanced than his level of education. So are they supposed to pass him on all tests he underperforms on?
Again, dad is a case chaser, using his sons disability
Posted on 9/17/26 at 3:25 pm to 4cubbies
Does Willow School receive any state or federal funds ?
If so the father may have a case.
If so the father may have a case.
Posted on 9/17/26 at 3:34 pm to SallysHuman
This is why people use the phrase…
“fricking attorneys”
“fricking attorneys”
Posted on 9/17/26 at 3:36 pm to REG861
quote:
Good. The plaintiffs dad is an annoying attention whore. sorry your mentally disabled son can’t bring a high achieving school to a screeching halt to accommodate just him.
This attorney dad's actions remind me a lot of the parents of Karmelo Anthony.
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