District adds special-education language to charter contracts, clarifies responsibilities

Fairbanks North Star Borough School District officials on Tuesday moved to codify responsibilities for special-education services at charter schools, including a new contract paragraph and an Appendix A that spells out roles, funding flows and limited district-provided related services.

The additions, explained by Superintendent Gillum and Kate Hall, the district's executive director of special education, say in part: "special education providing a free and appropriate public education is a joint responsibility of both the school district. Charter schools are subject to all state and federal laws, including but not limited to the Individuals with Disabilities Education Act," and point readers to Appendix A for details.

The change is intended to formalize long-standing, sometimes informal, arrangements between the district and charters rather than to alter how services are delivered, Hall said. She told the board the appendix largely codifies language that special-education staff have used in memos and practice for several years to avoid last-minute staffing or equipment gaps.

Under the clarified approach, most general special-education staffing and equipment purchases will be the charter's responsibility because charter funding flows directly to the schools, Gillum said. The district will continue to provide certain hard-to-recruit "related services" such as school psychologists, speech-language pathologists, occupational therapists and physical therapists when feasible. Hall said there is a "tipping point" when unusually high need could trigger case-by-case district support or hourly arrangements for extra services, though she said she was not aware of a case in her tenure where long-term hourly arrangements were necessary.

Board members pressed for specifics about procedures and liability. Board member Mrs. Hardy raised repeated concerns about counseling students out, placement changes and possible litigation, noting that "the LEA ... who's legally gonna be held responsible ... is the district." She said the district needs stronger oversight or clearer processes to ensure charters meet IDEA obligations.

Hall agreed about the legal standard and said a manifestation determination review (MDR) is required for a change in placement: "a manifestation determination is required for a change in placement. What constitutes a change in placement versus a change in location is a more nuanced question," she said.

Board members and administrators discussed assistive-technology logistics. Hall said the special-education team had redistributed available devices to get tools to students who needed them and that roughly 20 assistive-technology devices were currently deployed to charter schools under short-term agreements. She recommended charter principals contact Assistant Director Hillary Turner or Misha Brenner Galvin (assistive-technology teacher) to coordinate purchases and noted that some device purchases route through central district technology (she referenced Paul and Tony in that chain).

Administrators stressed the goal of fairness across charter and neighborhood schools. Gillum said the district has provided emergency certified special-education teachers to some charters this and last year and that the contract language clarifies who should budget for ongoing staff and equipment so district resources are used equitably.

The board did not take a formal vote during the work session; the administration said the appendix and the contract language would be part of the packet for upcoming contract discussions with charter principals and APC members and that the administration will refine contract text based on tonight's feedback.

Ending: The district plans to circulate the revised contract language and Appendix A to charter principals and bring finalized contract language to the board at a future meeting for action as part of the charter-contract cycle.