School Board Fighting Equal Access to Education
Powerful administrators spread disinformation about SB 819 while 1,000 children with disabilities fall further behind
Portland, Oregon — Today, there’s a disinformation campaign underway in Salem, and Disability Rights Oregon wants you to have the facts about Senate Bill 819 (SB 819), a bipartisan, common-sense policy that ensures all of Oregon’s children have equal access to education.
“Every child by federal law has a fundamental right to a free and appropriate public education, and SB 819 is about ending the violation of children’s rights,” said Meghan Moyer, Public Policy Director of Disability Rights Oregon. “School districts cannot choose which children get to attend a full school day. That’s illegal and wrong. We all sink or swim together.”
The Facts about SB 819
1,000 Oregon Children with Disabilities are Being Illegally Denied Full Days at School
Shortened school days are unlawful pursuant to the requirements of three Federal statutes: Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12131–12134), & Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act) (29 U.S.C. § 794).
Since Congress enacted special education laws in 1975, federal courts have not found it acceptable to exclude children with disabilities from school by reducing the length of their schooldays or repeatedly sending them home because they could not learn or were too difficult to teach.
The ADA & Section 504 of the Rehabilitation Act forbid discrimination against children on the basis of disability.
Shortened School Days are a Statewide Problem Impacting Mostly Elementary Aged Kids
Recent data tells us that 71% of school districts in Oregon have children with disabilities on shortened school days, but that some districts are providing all of their students a full day of education. For example:
Tigard-Tualatin School District, one of Oregon’s 10 largest districts, currently has only one student on shortened school day.
Salem-Keizer is choosing to send 50 students with disabilities home early.
More than half of these children are between 5 and 10 years old, and they’re falling behind socially as well as academically, missing critical opportunities to practice appropriate behaviors.§ Students who miss 10% of kindergarten lag almost a year behind their peers in reading by the time they reach third grade
Students who miss two days of school per month will miss 1.5 years of instruction by the end of 12th grade.
Kids with Disabilities Come with Federal Money
Last year, Oregon received $148.4 million in federal funds to support special education in K-12. Total K-12 funding from the federal, state, and local sources was $8.9 billion.
For each child in special education, Oregon school districts receive double funding (about $20,000/year) regardless of whether the child requires extensive or minimal services.
Under the “High Cost Disabilities Grant,” districts can also apply for additional funds (about $30,000/year) for kids with exceptionally high needs.
SB 819 is Common Sense Policy to:
Ensure parents receive notice specifically about shortened days and their right to consent to, revoke consent, or oppose the shortened day for their child.
Require regular meetings to discuss the value or need for continuing shortened school days.
Ensure there is a consistent plan to provide support to the student on shortened day and a plan for when the student returns to full-time school.
Provide a clear legal framework that will require Oregon Department of Education to aggressively pursue the elimination of frequent and long-term shortened school days in an accountable way.
About
Disability Rights Oregon
Disability Rights Oregon upholds the civil rights of people with disabilities to live, work, and engage in the community. Serving as Oregon’s Protection & Advocacy system since 1977, the nonprofit works to transform systems, policies, and practices to give more people the opportunity to reach their full potential.
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