Tour DeVos

Minimum progress for students with disabilities “preposterous,” Betsy DeVos says in Denver

PHOTO: Nic Garcia, Chalkbeat
Betsy DeVos, center, at Denver's Firefly Autism House.

U.S. Education Secretary Betsy DeVos, flanked by school officials at a private autism center in Denver, called on the nation’s public schools to work with parents to better serve students with special needs.

Minimum progress for students with disabilities, she said, “is preposterous. Our students deserve better.”

DeVos’s statement comes nearly six months after the U.S. Supreme Court issued a landmark ruling that set a new — and higher — standard for how schools educate students with special needs.

DeVos spoke Wednesday after touring the Firefly Autism center as part of her first multi-state tour as education secretary.

The location was in keeping with the theme of what the federal education department is billing the “Rethink Schools” tour. DeVos is promoting a vision of school choice that includes a roster of schools that fill niches serving students with particular needs. The premise, for DeVos, is that schools haven’t changed significantly in a century and are in need of a reboot.

“We must rethink what education means for every student,” she said in Denver. “Different students living in different places demand different solutions.”

The Denver-based autism center was chosen not just because of its specialization but because of its role in the landmark Supreme Court case that involved a south suburban Denver family.

The family decided to pull their son, known in court filings as Endrew F., from the Douglas County School District after his learning stalled. They subsequently enrolled Endrew at Firefly, where tuition can run up to $78,000 per year.

The family sued the school district seeking reimbursement. The family claimed the district failed to provide Endrew with a “free appropriate public education,” as required under federal law.   

Lawyers for the school district argued that educators were meeting the minimum standard required by the law.

The U.S. Supreme Court sided with Endrew’s family. In doing so, the court raised the standard schools must meet to educate students with disabilities. Chief Justice John Roberts wrote in his opinion, a higher standard “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The high court also referred the question of whether the district should reimburse the family back to lower courts. 

DeVos on Wednesday did not issue any new department directives or give any indication of what the standard for serving students with special needs should be.

During her comments, DeVos did criticize “artificial barriers” schools create to meet the needs of students. She did not identify those barriers. 

“When it comes to educating students with special needs,” she said, “failure is not an option.”

DeVos said parents should have the freedom to choose whichever school best meet their students’ needs.

“They shouldn’t have to sue their way to the Supreme Court,” she said.

Firefly’s expensive programs are paid for by a variety of sources. In most cases, school districts unable to serve students cover the cost of tuition, Firefly officials said. Private insurance and Medicaid also contribute. Only about 1 percent of the center’s budget comes directly from families.

Nineteen students from eight school districts are enrolled at Firefly. One student from Limon, on Colorado’s Eastern Plains, travels nearly four hours a day round trip to attend the center.

Firefly Executive Director Jesse Ogas said he told DeVos that the state’s public schools — and their tax dollars — were critical to Firefly.

“I never want to discount how important our school districts are,” he said. “It’s a strong partnership and without our district partners, we wouldn’t be here today.”

He added that the school districts aren’t receiving the federal dollars they were promised to educate students with special needs.

“They’re not funded at the level they should be,” he said.

Ogas said DeVos, a critic of the traditional public school system, was open to his concerns about funding and the role it plays in supporting students after they’re enrolled in Firefly. Not only do school districts pay for students to attend the center, they often provide transportation and help complete federally required individualized education plans for students.

How — and where — to best serve students with special needs is an ongoing debate in public education. Many advocates for students with disabilities favor full inclusion in schools and, when possible, general education classrooms. Those who embrace specialized centers like Firefly may see the setting as a bridge to a more inclusive environment.

In Denver Public Schools, district officials and charter school operators are operating under a compact that calls for charter schools to open centers for students when special needs when asked.

After her remarks in Denver, DeVos was scheduled to tour the Air Force Academy in Colorado Springs.

In visiting a private center serving children with autism and a college campus that is also a military installation, DeVos limited the potential for the kinds of public protests that have followed her on other trips. Hundreds turned out in July to protest DeVos’s appearance at a conservative political conference in Denver.

On Wednesday, no more than a handful of protesters shadowed DeVos outside the Firefly autism center, holding signs in support of a program that provides protections for young immigrants. The Trump administration has announced it will roll back the Deferred Action for Childhood Arrivals, or DACA, initiative. DeVos has said her “heart is with” DACA recipients but indicated lawmakers must settle the issue.

Correction: This article has been updated to reflect that the U.S. Supreme Court did issue some new guidance in what a higher standard for special education is. 

cooling off

New York City charter leader Eva Moskowitz says Betsy DeVos is not ‘ready for prime time’

PHOTO: Chalkbeat
Success Academy CEO and founder Eva Moskowitz seemed to be cooling her support for U.S. Education Secretary Betsy DeVos.

In New York City, Eva Moskowitz has been a lone voice of support for the controversial U.S. Education Secretary Betsy DeVos. But even Moskowitz appears to be cooling on the secretary following an embarrassing interview.

“I believe her heart is in the right place,” Moskowitz, founder and CEO of Success Academy, said of DeVos at an unrelated press conference. “But as the recent interviews indicate, I don’t believe she’s ready for primetime in terms of answering all of the complex questions that need to be answered on the topic of public education and choice.”

That is an apparent reference to DeVos’s roundly criticized appearance on 60 Minutes, which recently aired a 30-minute segment in which the secretary admits she hasn’t visited struggling schools in her tenure. Even advocates of school choice, DeVos’s signature issue, called her performance an “embarrassment,” and “Saturday Night Live” poked fun at her.  

Moskowitz’s comments are an about-face from when the education secretary was first appointed. While the rest of the New York City charter school community was mostly quiet after DeVos was tapped for the position, Moskowitz was the exception, tweeting that she was “thrilled.” She doubled-down on her support months later in an interview with Chalkbeat.

“I believe that education reform has to be a bipartisan issue,” she said.

During Monday’s press conference, which Success Academy officials called to push the city for more space for its growing network, Moskowitz also denied rumors, fueled by a tweet from AFT President Randi Weingarten, that Success officials had recently met with members of the Trump administration.

Shortly after the election, Moskowitz met with Trump amid speculation she was being considered for the education secretary position. This time around, she said it was “untrue” that any visits had taken place.

“You all know that a while back, I was asked to meet with the president-elect. I thought it was important to take his call,” she said. “I was troubled at the time by the Trump administration. I’m even more troubled now. And so, there has been no such meeting.”

media blitz

Making the rounds on TV, Betsy DeVos says she hasn’t visited struggling schools and draws sharp criticism

DeVos on the Today Show

U.S. Education Secretary Betsy DeVos has visited all kinds of schools since she took office last year: district-run, charter, private, religious — even a school located in a zoo.

But one kind of school has been left out, she said Sunday on 60 Minutes: schools that are struggling.

It was a curious admission, since DeVos has built her policy agenda on the argument that vast swaths of American schools are so low-performing that their students should be given the choice to leave. That argument, DeVos conceded, is not based on any firsthand experiences.

Host Lesley Stahl pushed DeVos on the schools she’s skipped. Here’s their exchange:

Lesley Stahl: Have you seen the really bad schools? Maybe try to figure out what they’re doing?

DeVos: I have not — I have not — I have not intentionally visited schools that are underperforming.

Stahl: Maybe you should.

DeVos: Maybe I should. Yes.

Her comments attracted criticism from her frequent foes, like American Federation of Teachers head Randi Weingarten, who tweeted:

Even some who are more sympathetic to school choice initiatives said the interview did not go well.

The exchange occupied just a few seconds of the nearly 30 minutes that DeVos spent on television Sunday and Monday, including interviews on Fox and Friends and the Today Show. The appearances followed several school-safety proposals from the White House Sunday, including paying for firearms training for some teachers.

DeVos sidestepped questions about raising the age for gun purchases. “We have to get much broader than just talking about guns, and a gun issue where camps go into their corners,” she said. “We have to go back to the beginning and talk about how these violent acts are even occurring to start with.”

She also endorsed local efforts to decide whether to increase weapons screening at schools. Asked on Fox and Friends about making schools more like airports, with metal detectors and ID checks, DeVos responded, “You know, some schools actually do that today. Perhaps for some communities, for some cities, for some states, that will be appropriate.”

DeVos also said on 60 Minutes that she would look into removing guidance from the Obama administration that was designed to reduce racial disparities in school suspensions and expulsions. Education Week reported, based on comments from an unnamed administration official, that the the guidance would likely land on the DeVos task force’s agenda.

Florida Senator Marco Rubio has argued that the Obama-era guidance may have contributed to Florida shooting by preventing the shooter from being referred to the police. (In fact, the 2013 Broward County program designed to reduce referrals to police for minor offenses predated the 2014 federal guidance.)

Details of the commission were not immediately available. Education Week also reported that “age restrictions for certain firearm purchases,” “rating systems for video games,” and “the effects of press coverage of mass shootings” are likely to be discussed.

“The Secretary will unveil a robust plan regarding the commission’s membership, scope of work and timeline in the coming days,” Liz Hill, a spokesperson for the Department of Education, said in an email.