Category: Education
Treasurer Folwell Delivers More Than Half-Million Dollars at NC Board of Education
State Treasurer Dale R. Folwell, CPA, a staunch advocate of public education who strongly supports the work of classroom teachers, showed up at the State Board of Education (SBE) meeting today with a check for the Department of Public Instruction exceeding a half-million dollars in misdirected funds that were placed with the Department of State Treasurer (DST) for safekeeping.
Treasurer Folwell presented a check for $519,029.16 to State Superintendent of Public Instruction Catherine Truitt.
The money resulted from shares of stock issued in the name of “Department of Education State of North Carolina” based on a Prudential Financial group life insurance plan that SBE held at some point. Upon the shares and accrued dividends being deemed unclaimed and held by Prudential for the required holding period, the property was placed with DST’s Unclaimed Property Division (UPD), commonly called NCCash.com.
“At a time when so many schools are in need of money and resources, especially in rural and inner-city districts, every penny found to further North Carolina’s educational mission is a blessing,” said Treasurer Folwell. “I see that need not only as a member of SBE, but as chairman of the Local Government Commission, which reviews and approves financing for school projects throughout North Carolina.”
“As keeper of the public purse, a North Carolina taxpayer and a believer in the power of education to change a person’s trajectory in life to achieve upward mobility and the joy of achievement, I am honored to return this money to its rightful owners so that it can be put to use where it’s most needed,” Treasurer Folwell said.
The money originated from a process called demutualization. That occurs when a private business, owned by its members, such as a mutual life insurance company, changes its structure to a public-traded company owned by stockholders.
Prudential went through that transition in 2001, and policy holders at the time became shareholders, with or without the policy holder’s knowledge. Prudential Financial shares were issued in the name and address on file for the policy. Any correspondences related to the shares were being sent to a previous address of SBE. In 2012, the shares and any accrued unclaimed dividends were deemed unclaimed and subsequently reported to DST in October 2015 after the required three-year dormancy holding period. During a recent review of data in the system, UPD staff identified these funds.
UPD paid 178,857 claims amounting to more than $105 million during the 2022 fiscal year that ended June 30. Both numbers were historical records. The returns are on pace to set another record this fiscal year. Through Nov. 30, UPD has paid 74,979 claims totaling just over $44 million from NCCash. Part of that total has been disbursed through the NCCash Match program, a no-hassle, expedited system that eliminated paperwork processing. As of Nov. 30, DST paid 44,200 Cash Match claims totaling nearly $12.6 million.
Under state law, UPD receives and safeguards funds that are escheated, or turned over, to DST. The unclaimed property consists of bank accounts, wages, utility deposits, insurance policy proceeds, stocks, bonds and contents of safe deposit boxes that have been abandoned.
Unclaimed property can result from a person or entity forgetting they are due money, or from a move of location and forgetting to provide a new address. It also could result from a typing error in a house number or zip code in an address, a name change, or data loss from a business converting its computer system. As society becomes more mobile and steadily moves to electronic transactions, the risk of having unclaimed property has increased.
More information, including how to find out if you are owed money, can be found at https://www.nccash.com/.
Progress Continues on Effort to Revise NC School Grading Model
Raleigh, NC
Nov 7, 2022
Progress continues for the advisory group of school leaders who convened again today for the third time to discuss revising the state’s unpopular A-F school performance grading model. During today’s meeting, members split into groups to consider alternative indicators, academic and non-academic, that could be included in a final model to better measure school quality.
Following a statewide survey last month that showed strong interest in overhauling the current grading approach, the North Carolina Department of Public Instruction (NCDPI) has worked to share those results and solicit deeper feedback from a broad range of audiences on additional indicators that could be used to measure school quality.
Results of the survey, conducted by the education news site EdNC in partnership with NCDPI, showed that 90% of respondents favored a school grading model that includes indicators beyond test scores. The advisory group and the education agency are now focused on engaging other education stakeholders on the work underway and seeking feedback to narrow the list of academic and non-academic indicators.
“This process is really important, as it allows us to hear from many educators and school leaders across the state,” State Superintendent of Public Instruction Catherine Truitt said. “Importantly, we are starting to see some consensus and overlap among stakeholders on the indicators that should be included in the proposed redesign. The work ahead will encompass even greater stakeholder outreach as we continue to discuss possible indicators and seek feedback on emerging trends and themes.”
For weeks, NCDPI has been engaging education stakeholders during monthly convenings or annual conferences to discuss the work underway. During NCDPI’s “AIM” professional development conference for educators across the state in late October, teachers, principals, charter and district leaders had the opportunity to discuss the survey results and provide input on individual indicators that could be considered for the revised model. Chief Academic Officers from across the state were convened separately during the AIM conference to provide in-depth feedback on the various school performance grade indicators by ranking their preferences. This survey encouraged participants to rank their top 10 indicators, which were outlined in the EdNC-NCDPI survey disseminated in early September.
The agency also has pursued a robust stakeholder feedback process across several education groups. This strategy has involved defining the need for redesigning school performance grade models, describing the process and timeline underway, sharing with each audience the ranking survey to prioritize their top indicators, and gathering feedback on the indicators based upon each group’s perspective.
“This work is important and exciting,” Deputy Superintendent Dr. Michael Maher Maher said. “We’re starting to get a sense of which indicators are important. This advisory group has rolled up its sleeves and is working hard to inform other leaders about this process and the goal of the work outside of formal meetings. Within the next month, the NCDPI team tasked with overseeing this work will travel the state to continue presenting this information to education stakeholder groups as we work to narrow down the possible list of indicators for inclusion in the model.”
To date, the work around school performance grade redesign has been shared with the Superintendent’s Teacher Leadership Council, the Governor’s Teacher Advisory Committee, accountability directors for districts, educators, principals, charter school leaders, students, parents and more.
Over the next month, the narrowed list of top indicators will be presented to numerous stakeholders, including education leaders across the state for consideration and discussion.
When the advisory group meets again in December, it will consider implications and feedback from stakeholders on the narrowed list of indicators. This will help the advisory group formulate a final recommendation for the model.
To read more about this process, including prior releases and meeting topics: School Performance Grade Redesign | NC DPI
State Awards $30M for Clean School Bus Replacements, Including 43 New Electric School Buses
Raleigh
More than $30.1 million from the N.C. Volkswagen Settlement Program will be distributed by the North Carolina Department of Environmental Quality to fund 161 new school buses across the state, with the majority of the funding going toward new all-electric school buses.
The new zero-emission and low-emission school buses are replacing some of the dirtiest diesel buses in the state, including some older than 30 years that emit more than 20 times the nitrogen oxides (NOx) and particulate matter of today’s clean buses.
“Today is a good day for the health and pocketbooks of North Carolinians as we continue on our path to clean transportation,” said Governor Roy Cooper. “Transitioning to cleaner school buses reduces greenhouse gas emissions, lowers costs to our schools, creates great manufacturing jobs and reduces pollution in our poorer communities.”
“Switching to new low- and zero-emission school buses has immediate public health benefits for the children who ride them and improves air quality in our communities,” said DEQ Secretary Elizabeth S. Biser.
The new buses will reduce emissions of nitrogen oxides (NOx) by 126 tons over their lifetimes combined. More than $16.5 million will fund 43 electric school buses and associated charging infrastructure, providing a 100% reduction in diesel emissions and greenhouse gases for these projects. NOx leads to the formation of ground-level ozone, which in turn aggravates asthma and can cause breathing trouble in young children and older adults. The small particles that make up particulate matter are linked to heart and lung conditions.
The grant recipients include public schools, charter schools and a tribal school in 84 counties. Most of the buses, 130, will be placed in rural counties. Of those, 80 school buses were awarded to schools in the 37 historically under-resourced counties that DEQ targeted for additional outreach and support during the application process. The goal of that program was to support the equitable distribution of Volkswagen Settlement funding across the state. The full list of awarded projects is on DEQ’s website.
As the clean school buses are ordered and delivered, the old school buses will be destroyed, ensuring they no longer pollute the air in communities near schools.
The N.C. Volkswagen Settlement School Bus Program involved a competitive application process where projects were scored by a selection committee of staff in DEQ’s Division of Air Quality (DAQ). In total, DAQ received 42 applications seeking more than $58 million in funding for more than 330 clean school buses. The selection committee fully or partially funded at least one requested bus from each county that had an application.
The School Bus Program is the largest grant program in Phase 2 of the N.C. Volkswagen Settlement Program, which covers the remaining $68 million of the state’s share of a national settlement with the automaker. The state is awarding the funds through grants and rebates to support the replacement of old diesel vehicles with clean alternatives and the installation of electric vehicle charging infrastructure across the state.
DEQ has also awarded more than $1 million in Volkswagen Settlement funds to state agencies to install Level 2 zero-emission vehicle charging infrastructure. These 103 charging ports will be installed at 25 sites, including state parks, museums, aquariums, government office buildings, universities, and community colleges. In this program, 22 of the charging ports will be in historically under-resourced counties. Thirteen of those chargers will be used to charge state agency fleet vehicles and support Governor Cooper’s efforts under Executive Order No. 80 to transition the state motor fleet to zero-emission vehicles, while the remainder will be available for public use.
DAQ will continue to accept rebate applications to install Level 2 charging infrastructure at workplaces, multi-unit dwellings and publicly accessible locations on a first-come, first-served basis until allocated funds are exhausted. The amount of remaining funds available and information on how to apply are online.
###
Overmountain Men, Key Reinforcements in the Battle of Kings Mountain, to be Recognized with Highway Historical Marker in Polk County
RALEIGH
Sep 28, 2022
Patriot militiamen encamped in Polk County changed the course of the Revolutionary War and their actions will be recognized with a North Carolina Highway Historical Marker.
The marker recognizing the Overmountain Men will be dedicated at NC 108 at County Line Road, east of Mill Spring, on Oct. 5 at 3:30 p.m. It is near Alexander’s Ford on the Green River, a well-known crossing point. Speakers will include Tommy Melton, chair of the Polk County Board of Commissioners, Marche Pittman, County Manager, and William Caldwell, a ranger representing the Overmountain Victory National Historic Trail. The ceremony also will feature local reenactors and community members who sought the marker. Additional information about the marker can be found at http://www.ncmarkers.com/Markers.aspx?MarkerId=O-84.
The Overmountain Men were American frontiersmen from west of the Appalachian Mountains. The term “overmountain” arose because their settlements were west of, or “over,” the Appalachians, which was the primary geographical boundary dividing the 13 American colonies from the western frontier. The Overmountain Men hailed from parts of Virginia, North Carolina, and what is now Tennessee and Kentucky.
Two days before the Oct. 7, 1780, Battle of King’s Mountain, about 1,400 of the Overmountain Men, camped at Alexander’s Ford, were preparing to meet the British and Tory forces in Ninety-Six, South Carolina. But with the arrival of new intelligence describing the whereabouts of another British force led by Major Patrick Ferguson, they changed their course and headed toward the Charlotte area. The decision provided Patriot forces with some of the best riflemen during the Battle of King’s Mountain, which was a turning point of the campaign. From then on, revolutionary forces controlled the Southern theater of war.
This surprising victory of the American Patriot militia over the Loyalists followed a string of Patriot defeats at the hands of Lord Cornwallis, and greatly raised the Patriots’ morale. With Ferguson’s death in the battle and his Loyalist militia destroyed, Cornwallis canceled his plan to invade North Carolina and retreated into South Carolina.
The National Park Service highlighted Alexander’s Ford as one of the key points along the Overmountain Victory Trail.
For more information, please visit https://www.ncdcr.gov/about/history/division-historical-resources/nc-highway-historical-marker-program or contact Ansley Wegner at ansley.wegner@ncdcr.gov.
About the North Carolina Department of Natural and Cultural Resources
The N.C. Department of Natural and Cultural Resources (NCDNCR) is the state agency with a vision to be the leader in using the state’s natural and cultural resources to build the social, cultural, educational and economic future of North Carolina. NCDNCR’s mission is to improve the quality of life in our state by creating opportunities to experience excellence in the arts, history, libraries and nature in North Carolina by stimulating learning, inspiring creativity, preserving the state’s history, conserving the state’s natural heritage, encouraging recreation and cultural tourism, and promoting economic development.
NCDNCR includes 27 historic sites, seven history museums, two art museums, three science museums, three aquariums and Jennette’s Pier, 41 state parks and recreation areas, the N.C. Zoo, the N.C. Symphony Orchestra, the State Library, the State Archives, the N.C. Arts Council, the African American Heritage Commission, State Preservation Office and the Office of State Archaeology, and the Division of Land and Water Stewardship. For more information, please visit www.ncdcr.gov.
Hillbillyland: Myth & Reality of Appalachian Culture
An exhibit examining the myths and misconceptions behind the mountain “hillbilly” stereotype will open Saturday, Oct. 1, at the Mountain Gateway Museum & Heritage Center (MGM) in Old Fort.
“Hillbillyland: Myth & Reality of Appalachian Culture,” will run through May 7, 2023, at MGM, 24 Water Street, in Old Fort. It is on loan from the Western North Carolina Historical Association in Asheville.
The hillbilly stereotype is rooted deep in the history of the United States. It started in the 19th century with the Southwestern Humor Tales’ accounts of excess, violence, and “backwards” behavior related to moonshiners. National newspapers, such as “Harper’s,” perpetuated these stories and influenced how the nation saw Appalachian life.
Popular culture latched on to these stories and produced shows such as “Ma and Pa Kettle,” “Thunder Road,” “The Beverly Hillbillies,” and “Hee-Haw” to capitalize on the public’s oversimplified, and sometimes negative, view of Appalachian culture.
Mountain people sometimes fueled the stereotype, especially when it profited them. This included musicians acting like rubes for fans, residents catering to the tourist by acting like “real mountain people,” and artists playing “simple” to sell their products.
Hillbillyland explores how the hillbilly stereotype thrives in today’s popular culture. The power, prevalence, and persistence of the hillbilly stereotype are explored through photography, poetry, and short prose.
These writings and images are set inside the themes of religion, music, arts and crafts, moonshine, and isolation. Designed not to extol the hillbilly stereotype, these pieces seek to challenge and complicate them while encouraging the visitor to think about the reality, complexity, and nuances of mountain life.
Photographs in the exhibition include historical ones by Bayard Wooten, George Masa, and Doris Ulmann, and modern photographers Rob Amberg, Tim Barnwell, and Don Dudenbostel, as well as images from the University of North Carolina at Asheville’s Special Collections and other regional collections. Most of these photographers come from outside of the region and reflect the fascination with the region and the people who live in its deepest coves and hollows.
The poetry and prose in the exhibit were written by individuals with deep roots in Western North Carolina. They include the late Jim Wayne Miller, Fred Chappell, Robert Morgan, Michael McFee, Jane Hicks, Kathryn Stripling Byer, Ron Rash, and Wayne Caldwell.
For more information about Hillbillyland, contact Jesse Bricker at 828-668-9259 or jesse.bricker@ncdcr.gov or visit Mountain Gateway Museum’s website at www.mgmnc.org.
_______________________________________________________
About Mountain Gateway Museum
A regional branch of the North Carolina Museum of History in Raleigh, the Mountain Gateway Museum & Heritage Center (MGM) is the westernmost facility in the NC Department of Natural & Cultural Resources’ Division of State History Museums.
Nestled at the foot of the Blue Ridge Mountains along the banks of historic Mill Creek in downtown Old Fort (McDowell County), the museum uses artifacts, exhibitions, educational programs, living history demonstrations, and special events to teach people about the rich history and cultural heritage of the state’s mountain region, from its original inhabitants through early settlement and into the 20th century.
As part of its education outreach mission, MGM also assists nonprofit museums and historic sites in 38 western NC counties with exhibit development & fabrication, genealogical research, photography archives, traveling exhibitions, and consultations. For more information, visit the museum’s website at www.mgmnc.org or call 828-668-9259.
About the North Carolina Department of Natural and Cultural Resources
The N.C. Department of Natural and Cultural Resources (NCDNCR) is the state agency with a vision to be the leader in using the state’s natural and cultural resources to build the social, cultural, educational and economic future of North Carolina. NCDNCR’s mission is to improve the quality of life in our state by creating opportunities to experience excellence in the arts, history, libraries and nature in North Carolina by stimulating learning, inspiring creativity, preserving the state’s history, conserving the state’s natural heritage, encouraging recreation and cultural tourism, and promoting economic development.
NCDNCR includes 27 historic sites, seven history museums, two art museums, three science museums, three aquariums and Jennette’s Pier, 41 state parks and recreation areas, the N.C. Zoo, the N.C. Symphony Orchestra, the State Library, the State Archives, the N.C. Arts Council, the African American Heritage Commission, State Preservation Office and the Office of State Archaeology, and the Division of Land and Water Stewardship. For more information, please visit www.ncdcr.gov
Seven students graduate from Basic Law Enforcement Training
Isothermal’s 83rd BLET class graduated earlier this week. Pictured are Rutherford County Sheriff Chris Francis(left to right),Matthew Mann, Caitlin Condrey, Samantha Mandolin, Jacob Poteat, Steven Crowder Jr., Jonathan Barnette, Kelby Trejo, Ava Yamouti, dean of Health and Public Services, and BLET Director Philip Bailey.
—————————————————
Seven students graduate from Basic Law Enforcement Training
SPINDALE (Sept. 21, 2022) – Seven students graduated from the Basic Law Enforcement Training (BLET) program at Isothermal Community College on Wednesday evening after completing nearly ten months of training.
This class had a great distinction of a 100 percent pass rate on the state law enforcement certification exam.
The BLET program is the state-mandated course of study for anyone interested in becoming a certified law enforcement officer. The students who completed the program were trained in 35 topics including criminal law, arrest, search, and seizure, driver training, defense tactics, firearms, and other related law enforcement topics.
The students who earned a graduation certificate for the 660-hour training program are Jonathan W. Barnette, Caitlin Marie Condrey, Steven Crowder Jr., Samantha Josephine Mandolin, Matthew Scott Mann, Jacob Thomas Poteat, and Kelby Trejo.
The students were honored in a ceremony that began with an invocation by Rutherford County Sheriff Chris Francis and the national anthem, led by graduate Samantha Mandolin. Dr. Greg Thomas, vice president of Student and Academic Affairs, welcomed the audience.
Sheriff Francis, who will soon be the program’s qualified assistant, delivered the commencement address to the students.
Then, Philip Bailey, the BLET program director, presented certificates and awards.
Ava Yamouti, dean of Health and Public Services, made the closing remarks.
Both graduates earned certificates in Basic Law Enforcement Training, ASP/Baton, Taser and Pepper Spray.
Samantha Mandolin earned the Top Firearms Award and the Top State Exam Award. Matthew Mann was named Most Improved PT. Caitlin Condrey received the Top Academic Award.
Jacob Poteat earned the Standard of Excellence Award. Poteat, who lost a leg below the knee due to a rare bone cancer several years ago, overcame his great physical challenge to meet the requirements of the program. He has long dreamed of serving as a law enforcement officer and was featured in an Isothermal story earlier this year.
This is the 83rd BLET class to graduate from Isothermal Community College since it began conducting the training in the late 1970s.
The next BLET class begins in mid-October. Many local law enforcement agencies are providing financial assistance for student. For information, contact Brenda McFarland at 828-395-1668 or Bailey at 828-395-1644.
RC Architect James Vester Miller recognized in a walking trail and new website
Press release from Buncombe County via Mountain Express
The historic contributions and impact of renowned Black Architect James Vester Miller come to life in a walking trail and new website. Buncombe County Public Libraries, Special Collections, and Preservation Society of Asheville & Buncombe County are proud to present a program and walking tour on Saturday, Oct. 8 at 11 a.m.
The public is invited to this free program. Join us at Pack Library’s Lord Auditorium to hear Asheville photographer Andrea Clark speak about her grandfather, master mason James Vester Miller. Born in Rutherford County, NC to an enslaved mother and slave master father, James Vester Miller built many of the historic brick buildings in downtown Asheville. The program will focus on the launch of the new James Vester Miller website, designed by UNC- Asheville student AJ Jolly under the guidance of Dr. Victoria Bradbury, chair of the Department of New Media. Participants are encouraged to walk the trail at will or join the guided tour that will take place following the program.
Learn more about James Vester Miller in the Preservation North Carolina-sponsored traveling exhibit: “We Built This” Profiles of Black Architects and Builders in NC.” Miller is the sole artist from western North Carolina to be featured in the exhibit, which is currently on display through Oct. 10 at Pack Memorial Library.
For more information contact:
Buncombe County Special Collections at (828) 250-4740, packnc@buncombecounty.org orjamesvmillerasheville@gmail.com.
James Vester Miller: From Walking Trail to Website Launch
When: Saturday, Oct. 8, 2022, 11 a.m.
Noon-2 p.m.: James Vester Miller Historical Walking Trail
Walk the trail on your own or with guided tour
Where: Lord Auditorium at Pack Memorial Library
67 Haywood Street, Asheville
Some buildings will be open during the guided walking tour for browsing
YMI Pharmacy
Mt. Zion
St. Matthias
St. James
Hopkins Chapel
Haywood StreetEvent Cost: Free
Back to School Safety: Know the rules of the road Commissioner Causey reminding public of importance of bus safety
RALEIGH
As students and teachers head back to class, Insurance Commissioner Mike Causey, who also serves as Chair of Safe Kids N.C., is reminding everyone to keep safety in mind when walking, driving, or riding the bus to school.
“We all have an important role to play in keeping our children safe,” said Commissioner Causey. “Drivers need to be on the lookout for crowded crosswalks and school buses on the road and parents need to talk to their children about the importance of traveling to school safely. It only takes one mistake to cause a tragic injury or death to a child.”
While students on traditional calendars will go back to school on Aug. 29, students at year-round schools and some charter schools have already started boarding buses and have headed back to class.
On a typical day, more than 14,000 school buses carrying nearly 800,000 students operate on North Carolina roads.
When driving, if you see a school bus with lights flashing, slow down and prepare to stop.
Yellow flashing lights indicate the bus is preparing to stop to load or unload children.
Red flashing lights and extended stop arms indicate the bus has stopped and children are getting on or off the bus.
Passing a stopped school bus can result in the motorist adding four insurance points to their policy and potentially doubling their auto insurance premiums.
Click here for video: Back-to-School Safety
Commissioner Causey also offers these safety tips as students and teachers head back to school:
For pedestrians:
Walk on the sidewalk. If there is no sidewalk and you must walk in the street or road, walk facing traffic.
Before crossing the street, stop and look left, right and left again to see if cars are coming. Never dart out in front of a parked car.
Parents: Practice walking to school with your child, crossing streets or crosswalks when available.
Never walk while texting or talking on the phone.
Do not walk while using headphones.
For bike riders:
Always wear a helmet that is fitted and secured properly.
Children need to know the rules of the road: Ride single file on the right side of the road, come to a complete stop before crossing the street and walk the bike across.
Watch for opening car doors and other hazards.
Use hand signals when turning.
Wear bright-colored clothing.
For bus riders:
Teach children the proper way to get on and off the bus.
Line up six feet away from the curb as the bus approaches.
If seat belts are available, buckle up.
Wait for the bus to stop completely before standing.
If you must cross the road, walk at least 10 feet in front of the bus.
For motorists, in addition to obeying the stopped school bus law:
Don’t block crosswalks.
Yield to pedestrians in crosswalks and take extra precaution in school zones.
Never pass a vehicle stopped for pedestrians.
Stop far enough back from a school bus to allow children room to safely enter and exit the bus. The area 10 feet around a school bus is the most dangerous for children.
For more information on how to keep children safe during Back-to-School Safety Month or throughout the year, visit the Safe Kids NC website
NC charter school managed by national for-profit firm cited for failure to serve students with disabilities
By Greg Childress
Cardinal Charter Academy (Photo: Google maps)
State says Cary’s Cardinal Charter Academy must offer compensatory education to children denied services required by federal law
Last August, Terri Schmitz’s child, who has speech and visual impairments, began the new school year at Cardinal Charter Academy in Cary without the special education services their Individual Education Plan required.
According to a complaint filed with the state Department of Public Instruction, Schmitz’s child and other “similarly situated” students attending the K-8 public charter school did not have a certified or licensed special education teacher in the classroom during the first month of school.
Cardinal Charter, also the target of one private lawsuit, is now under state investigation for its mishandling of special education services for 76 students. Schmitz, a veteran educator also taught math at the school, has filed a separate labor-related complaint after Cardinal did not renew her contract after expressing concerns about the exceptional children’s program.
Cardinal is managed by Florida-based Charter Schools USA. The for-profit firm manages more than 90 schools in five states, including nine schools in North Carolina. Dave Machado, the former director of North Carolina’s Office of Charter Schools, resigned last month to become state director for Charter Schools USA, Inc.
Federal and state policies give little wiggle room when it comes to IEPs. The education plans ensure students with disabilities receive the specialized instruction and related services they require. Per state policy, IEPs must be “implemented as written at the beginning and throughout each school year.”
“This last year was just a mess, from the beginning to the end,” Schmitz told Policy Watch. “It’s a numbers game. They don’t care about following federal regulations, or the law. It’s more about numbers and how many kids they can fit into that building.”
Finally fed up with school leaders brushing aside her concerns, Schmitz filed a complaint with the Office of Exceptional Children in the N.C. Department of Public Instruction in May, charging that the school failed to follow her child’s IEP or provide them and other students with qualified education teachers.
Allen Taylor, president of Charter Academy’s Board of Directors, declined to comment on Schmitz’s complaint or the NCDPI investigation that followed. “As you would expect, we do not comment on individual student situations, but we are working closely with NCDPI EC Division,” Taylor said in an email.
According to the state investigative report, Cardinal Charter leaders acknowledged that “some special education services were missed due to staff shortages” and that the school provided “inconsistent delivery of special education services for all students with IEPs during the 2021-2022 school year.”
Last month, state investigators found Cardinal Charter violated state policies in five of the six issues it examined as a result of Schmitz’s complaint.
The school violated policy regarding teacher qualifications and failed to properly implement the child’s IEP, state investigators ruled. Investigators also concluded that the school failed to provide the child’s teacher and Schmitz access to and copies of the child’s IEP. Cardinal also violated policies that require “periodic reports” on a child’s progress toward meeting annual goals outlined in the IEP.
“Policies require IEPs to be in effect and accessible on the first day of school to each regular education teacher, special education teacher, related service provider, and other service providers responsible for its implementation,” state investigators wrote in their final report. “The student’s general education teacher was not notified of the student’s accommodations and her responsibilities for implementing the student’s IEP until two weeks after school started; therefore, there was a delay in the required notification.”
Cardinal Charter was ordered to offer Schmitz’s child compensatory education for instruction missed during the 2021-2022 school.
Because Schmitz’s child no longer attends Cardinal Charter, however, the school must pay for them to receive services elsewhere. Schmitz says she has a private tutor lined up to deliver the reading, math, writing and social-emotional learning instruction Cardinal Charter must provide for her child to replace that missed last school year.
AllenTaylor
Allen Taylor
Investigators target “systemic issues”
A second phase of the state’s investigation into practices in Cardinal Charter’s special education program focused on three “systemic issues” that mirror those identified in Schmitz’s complaint.
Investigators found that 76 students with IEPs did not receive legally required educational services because of Cardinal Charter’s failure to provide qualified teachers. Nor did the school properly implement students’ IEPs or make those IEPs available to general education teachers and others as needed.
“Evidence indicates that, due to having no uniform process in place to confirm that general education teachers are informed of their responsibilities for implementing IEPs, CCA [Cardinal Charter Academy] failed to share the IEPs of each of the similarly situated students,” the investigators wrote.
Cardinal Charter must offer the parents of those children compensatory education as well, said Sherry Thomas, senior director of the Office of Exceptional Children.
“The EC Director of Cardinal Academy or designee will provide an offer of compensatory education to the parents of all students with IEPs affected by staff shortages during the 2021-2022 school year,” Thomas wrote in an email response to questions about the complaint. “Parents may accept all, some, or none of the compensatory services offered. Following acceptance/rejection of the offer, this documentation will be submitted to the OEC.”
Ginny Fogg, Disabilities Rights North Carolina
Ginny Fogg, an attorney who leads the education team at Disabilities Rights North Carolina, examined state investigators’ final report for Policy Watch.
Fogg said that it’s not unusual for teachers to not have the information needed to adequately serve students with disabilities at the beginning of the school year. She said that’s especially true at charter schools because staffs are smaller than those in traditional school systems and often the infrastructure is not in place to make sure a student’s IEP is available to all teachers.
“They’re just smaller entities and so they just don’t have the deep bench that a whole school system has,” Fogg said. “If someone doesn’t renew their contract or come back, there’s not as many people to shuffle around to make sure that the key needs of the kids are met and that you’re not violating federal or state law because of those absences.”
Nonetheless, Fogg said children can be harmed if teachers don’t have the information needed to properly plan for students with disabilities so that the school year begins on a positive note. “The way a student perceives his or her ability to succeed or not succeed in that classroom from the very beginning affects the way the student performs the rest of the school year,” Fogg said.
Fogg said that the fact that OEC investigated the complaints speaks to the seriousness of the violations. She noted that it’s rare for state investigators to find systemic violations.
“We [DRNC] are often not successful in the systemic violations we put before them,” Fogg said. “The fact that this complaint included systemic violations, I think, is significant.”
More legal problems
The investigation is the latest in a number of legal problems for the school. Cardinal Charter was in the news last year after principal Brian Bauer sued the school alleging that he was fired after two months because he tried to enforce a mask mandate for students and staff. Bauer also contends he faced criticism from a member of the school’s Board of Directors after he hired eight Black educators to help fill 22 vacant staff positions.
Meanwhile, Schmitz has pending complaints with the Office for Civil Rights and the National Labor Relations Board; she said plans to talk with someone from the Equal Employment Opportunity Commission at the end of the month. She believes Cardinal did not renew her contract out of retaliation.
“I had perfect evaluations and I never had a complaint in the four and a half years that I worked there — never a bad review or evaluation,” Schmitz said.
Schmitz, who has urged parents of the other children affected to accept the compensatory education Cardinal Charter must provide. “I’m continuing to pursue this so that other families can also pursue their child’s rights to any type of accommodation their child receives from the school,” she said.