Charter Schools and Foster Kids
It's not that children under Foster care can be in these schools it is that Foster kids don't have anyone to advocate for a school of choice unless they are in a familial Foster situation. Those Foster kids that bounce around in the Foster system are the cases that need the most out of our public education dollar.
Who would make the decision as to wether or not to place a child in what kind of charter school and to decide if it was the right decision after that?
Thanks
On 26.02.2008, at 16:00, Rep Macpherson wrote:
Mr. Sherbourne,
Thank you for contacting me with your concerns regarding charter schools. A challenge to the constitutionality of charter schools could be brought by private parties who have standing to sue (i.e. they are adversely affected by the situation you describe). No legislative recourse is immediately evident to me. Also, it is not clear to me that the situation would violate Article I, Section 20 of the Oregon Constitution. They are an extension of the public school system, do not charge tuition, and I'm unaware of any provision of law that bans foster students from attending. The fact that there are no foster students enrolled in charter schools in Multnomah County is not necessarily an indication that they cannot attend them.
I appreciate hearing from you. I will start sending my electronic newsletter, The Mac Report, to your email address so you can follow the legislation I'm working on. I send it out every month or so. I do not share the addresses with anyone else. If you prefer not to receive them, just reply to this or any future newsletter with "unsubscribe" in the subject line.
Sincerely,
Greg Macpherson
State Representative
District 38
Capitol Office:
900 Court Street NE, H-376
Salem, OR 97301
Tel. (503) 986-1438
Fax (503) 986-1130
Email: rep.gregmacpherson@state.or.us
Web: http://www.leg.state.or.us/macpherson/home.htm
District Office:
322 2nd Street
Lake Oswego, OR 97034
Tel. (503) 635-2648
- Dale Sherbourne's blog
- Login or register to post comments
PS:
PS:
Aren't we all affected if Foster Children don't receive the highest level of education we can give them. aren't they already over represented as homeless or incarcerated.
Do you and I suffer from their neglect?
I am doing the best I can for my children and this is my small attempt to help kids in need out side of my family.
I hope that someday I will be better situated to do more.
As a government of the people by the people and for the people we are our brothers keeper.
Thanks again
PPS:
Please make an inquiry of the general counsel(legislative counsel) into this?
ITSNOT2LATE4PREK-8
Portland Public Neighborhood Schools
Where Kids Live, Learn And Learn To Live Together
Virtus Non Stemma
We must, indeed, all hang together or, most assuredly, we shall all hang separately.
Benjamin Franklin
From the ACLU
P.O. Box 40585, Portland, Oregon 97240
(503) 227-3186 • www.aclu-or.org
2/28/2008
Mr. Dale E Sherbourne
2134 SW Palentine St.
Portland, OR 97219-7662
FILE_000919
Dear Mr. Sherbourne
Thank you for contacting the American Civil Liberties Union of Oregon. As you may know, the
ACLU of Oregon is a small, private, nonprofit organization funded entirely by private
donations. Since we do not have any attorneys on staff who take cases, the cases we accept
must be handled by lawyers in private practice who donate their time. As a result, we can
offer legal assistance in only a small number of cases each year.
On the basis of the material you supplied, we have concluded the ACLU is unable to assist
you in this matter. Please be assured, however, that our decision in no way reflects on the
worthiness of your case.
I have enclosed ACLU of Oregon’s Referral and Information sheet. One of the organizations
listed may be able to provide you with assistance.
You may further wish to consider contacting the Oregon State Department of Education with
your complaint that charter schools discriminate against foster children. The burden, however,
would fall upon you to demonstrate that it is the operation of charter schools themselves that
disadvantage foster children in a disproportionate way. It is my understanding that claims
against discrimination under federal and state constitutions apply to protected groups of
citizens. I am unable to determine whether foster children would be under these protected
groups.
However, I am not a lawyer and this information should not be considered legal advice. You
may wish to further consult with a lawyer regarding the constitutionality of charter schools. I
regret we are unable to help you further.
Sincerely,
Jann Carson
Associate Director
Enclosure: ACLU of Oregon Referral and Information
The ACLU is not a law firm, has no staff attorneys and cannot provide legal advice.
This letter is neither a legal opinion nor a formal statement of ACLU policy. It is
intended only to advise you whether your situation meets criteria for ACLU
involvement.
LEGAL REFERRALS & INFORMATION
Last updated November 2006
Please contact us at P.O. Box 40585, Portland OR 97204 or (503) 227-3186 with updated information
If you are looking for legal information, assistance or legal advice:
OREGON STATE BAR ASSOCIATION
P.O. Box 1689
Lake Oswego, OR 97035
503) 684-3763 or (800) 452-7636
www.oregonstatebar.org
Lawyer Referral: Provides information on more than 1,600 lawyers statewide. Users can select lawyers based
on their practice type, location, and special services including foreign language ability & license to practice law in
other states. This program also offers users an in-office consultation for a fee of $35.
Legal Information and Guides: Free, general information to the public over the phone, in the mail, and on the
internet on a variety of legal topics:
Tel-Law
(503) 620-3000 or (800) 452-4776.
Also accessible through the Oregonian’s Inside Line at (503) 225-5555, ext. 8529.
Free, general legal information recorded on more than 100 legal topics. Some recordings are offered in Spanish
and Vietnamese. For a list of tape selections, write: Tel-Law, P.O. Box 1689, Lake Oswego, OR 97035-0889.
Legal Information Pamphlets: Free legal information pamphlets covering a variety of general legal topics. To
order pamphlets call the Oregon State Bar (503) 620-0222, ext 413 (800) 452-8260, ext 413.
Online Guide to Popular Legal Topics: www.osbar.org/public/legallinks.html
Free information on a variety of legal topics.
Online Do-it-Yourself Legal Guides: www.osbar.org/public/diy/doityourself.html
Guides on how to proceed pro-se in restraining order hearings, small claims court or with a summary dissolution
of marriage.
If you need an attorney, but can’t afford one:
OREGON STATE BAR: MODEST MEANS PROGRAM
(503) 684-3763 or (800) 452-7636
Offers legal assistance at a reduced rate to qualified applicants based on client income and assets, the type of
case, and availability of a participating lawyer in the client’s county. Only handles landlord/tenant, family law, and
criminal defense cases. Also offers users an in-office consultation for no more than $35 and no more than $60
per hour for legal work provided to clients of the program. Applications must complete a Modest Means Client
Applicant Form to be considered for this program. If you do not qualify for the Oregon State Bar’s Modest Means
Program, you may want to review the Bar’s online guide to low-cost legal services: www.osbar.
org/public/ris/LowCostLegalHelp/intro.html
OREGON LAW HELP WEBSITE:
www.oregonlawhelp.org
A searchable website that offers a wealth of information and referrals about legal services available to low-
income Oregonians. Users can search by legal issue or by county. Offers additional referrals in the areas of
housing, government benefits, protection from abuse, senior law, farm workers, family law, & disability. Users
may access the entire site in Spanish and Vietnamese.
If you wish to appeal a criminal conviction contact:
OFFICE OF PUBLIC DEFENSE SERVICES
1320 Capitol Street NE, Suite 200
Salem, OR 97303
(503) 378-3349
Provides representation to indigent citizens on appeal in cases involving crimes ranging from Class C
misdemeanors to aggravated murders for which the death penalty is imposed. Also represents citizens in appeals
from certain Parole/PPS Board decisions. Does not manage appeals in post-conviction cases.
If you want to complain about an attorney, judge, or police officer, contact the appropriate organization listed
below:
To complain about an attorney, contact:
OREGON STATE BAR ASSOCIATION: CLIENT ASSISTANCE OFFICE
503) 684-3763 or (800) 452-7636
Reviews all inquiries and complaints about lawyer conduct. Those that present credible evidence of violations of
the disciplinary rules are referred to Disciplinary Counsel’s Office. If the inquiry or complaint does not involve
misconduct, the Client Assistance Office may be able to provide some assistance or a referral to another
resource. Bar resources include the Fee Arbitration Program, the Client Security Fund and the Professional
Liability Fund. To register a complaint or to complete the Bar’s online complaint form visit: www.osbar.
org/public/legalinfo/1174.htm
To complain about a judge contact:
JUDICIAL FITNESS AND DISABILITY COMMISSION
10700 SW Beaverton-Hillsdale Hwy
Complaints: P.O. Box 1130
Beaverton, OR 97005
(503) 626-6776; FAX: (503) 626-6787
www.ojd.state.or.us/aboutus/cjfd/index.htm
Investigates complaints from the public regarding judicial, ethical misconduct within the state of Oregon.
Preliminary investigation may be followed by a hearing if cause is shown. Telephone or written contact only. For
more information about the complaint process or to download a complaint form online visit: www.ojd.state.or.
us/aboutus/cjfd/index.htm)
To complain about the conduct of a local police officer:
Contact the sheriff’s office or the police department involved. Most law enforcement agencies have a process for
addressing complaints from the public.
NORTHWEST CONSTITUTIONAL RIGHTS CENTER
1020 SW Taylor, Suite 230
Portland, OR 97205
(503) 295-6400
www.nwcrc.org/
Affiliated with the National Lawyers Guild, the Northwest Constitutional Rights Center will engage in strategic
litigation that confronts acts of police misconduct that threaten civil liberties and civil rights.
If you have a complaint against a licensed professional:
Contact the appropriate Oregon licensing board. Licensing boards regulate industry standards and policies and
have the power to discipline licensees. They may conduct investigations into complaints and mediate or
adjudicate as appropriate. Visit: oregonone.org/ORlicbd.htm for a complete list.
If you feel that you have been discriminated against because of your race, color, national origin, sex, age,
marital status, or disability contact:
OREGON BUREAU OF LABOR AND INDUSTRIES (BOLI): CIVIL RIGHTS DIVISION
800 NE Oregon St., Suite 1045
Portland 97232
(971) 673-0761
www.boli.state.or.us/BOLI/CRD/index.shtml
Investigates and mediates civil rights complaints and distributes a civil rights handbook. BOLI offers
discrimination protection in areas of employment, housing, public accommodations, professional and career
schools on basis of race, color, national origin, sex, sexual orientation, age, marital status, mental/physical
disability. Contact or visit the website for a directory of regional offices, or for more information about your civil
rights in Oregon and the complaint process.
OREGON ADVOCACY CENTER
620 SW 5th Avenue, Suite #500
Portland, OR 97204-1428
(503) 243-2081 or (800) 452-1694
TTY: (503) 323-9161 or (800) 556-5351
www.oradvocacy.org
Protects rights of people with developmental disabilities, provides information on legal rights and represents
people in court proceedings. Helps fight discrimination in housing, employment, and public accommodations and
helps obtain free public education for children with disabilities.
Information and referrals for prisoners and jail inmates and their families:
GOVERNOR’S ADVOCATE FOR PUBLIC SAFETY AND CORRECTIONS
Office of the Governor
900 Court Street NE, Rm 160
Salem, OR 97301
Takes complaints and conducts investigations into conditions in state prisons.
U.S. DEPARTMENT OF JUSTICE: CIVIL RIGHTS DIVISION, SPECIAL LITIGATION SECTION
950 Pennsylvania Ave, NW
Special Litigation Section, PHB
Washington DC 20530
(202) 514-6255
Charged with enforcing the Civil Rights of Institutionalized Persons Act (CRIPA). Has the authority to investigate
conditions in prisons and other institutional facilities and file suit against state and local governments for fragrant
violation’s of inmates civil rights, including the right to adequate medical care.
OREGON CURE (CITIZENS UNITED FOR THE REHABILITATION OF ERRANTS)
1631 NE Broadway #460
Portland, OR 97232
(503) 977-9979 or (866) 357-CURE
www.oregoncure.org
Publishes newsletter and brochures including: Advocating for the incarcerated in Oregon, Getting Through
Oregon’s Parole Process, and Free-er But Not Free. Also provides monthly support groups and orientations for
family and friends of incarcerated individuals. Contact for complete list of publications.
PARTNERSHIP FOR SAFETY AND JUSTICE
P.O. Box 40085
Portland, OR 97240
safetyandjustice.org
Publishes comprehensive prisoner support directory and monthly and quarterly newsletters.
If you have a complaint about a state agency or state law contact:
CITIZENS’ REPRESENTATIVE, OFFICE OF THE GOVERNOR
Office of the Governor
900 Court Street NE
Salem, OR 97301-4047
(503) 378-4582 or (800) 442-5238
Provides access, information and assistance for residents who have problems, questions, ideas or suggestions
for state government.
STATE REPRESENTATIVES
To find out who your state representatives are or how to contact them visit :
http://www.leg.state.or.us/findlegsltr/ or write to your county elections office.
If you have a complaint about a federal policy or federal law contact:
FEDERAL SENATORS
Senator Ron Wyden (Democrat-OR) Senator Gordon Smith (Republican-OR)
United States Senate United States Senate
230 Dirksen Senate Office Building 404 Russell Senate Office Building
Washington, DC 20510-0001 Washington, DC 20510-0001
(202) 224-5244 (202) 224-3753
http://wyden.senate.gov http://gsmith.senate.gov/
FEDERAL REPRESENTATIVES
To find out who your federal representatives are or how to contact them visit:
http://www.leg.state.or.us/findlegsltr/ or write to your county elections office.
If you need additional information or referrals contact:
ACLU OF OREGON
P.O. Box 40585
Portland, OR 97240-0585
(503) 227-3186
www.aclu-or.org
Call for one of our volunteer Request Counselors information and referrals on issues pertaining to civil liberties
and civil rights. Visit website for information and links to additional resources. ACLU Request Counselors are not
attorneys and cannot provide legal advice.
ITSNOT2LATE4PREK-8
Portland Public Neighborhood Schools
Where Kids Live, Learn And Learn To Live Together
Virtus Non Stemma
We must, indeed, all hang together or, most assuredly, we shall all hang separately.
Benjamin Franklin
Reply from State Dept Of Education Legal beagle
It's not our job
ITSNOT2LATE4PREK-8
Portland Public Neighborhood Schools
Where Kids Live, Learn And Learn To Live Together
Virtus Non Stemma
We must, indeed, all hang together or, most assuredly, we shall all hang separately.
Benjamin Franklin
Reply Sen Courtney
Let me posit this lets say you have a kindergardener how does she know what kind of school she wants to go to.
The numbers are coming back that there are no foster kids in charter schools in my opinionated opinion that means you have a privilege created for one class of citizens,the ones whose parents make those decisions for them , not equally available to the other class of citizen, foster kids.
It becomes a numbers game lets say you have so many foster kids in the state then there should be an equal percentage of them enrolled in charter schools as in public schools.
So do you mandatorially put foster kids in charter schools because you have created them? Will that ensure that the school will succeed? Does that fit in with a permanency plan if that school fails?
How much money is being spent on charter schools? Should this money be going to public neighborhood schools?
We have public money being spent unequally on one class of citizens there by taking public money for educating foster kids, and as someone pointed out all economically disadvantaged, unable to take advantage of,kids.
Thank you for you attention but referring my question to Human Services while a good start does not address the legislative constitutional question of equality of privilege
On 05.03.2008, at 13:27, Sen Courtney wrote:
Dear Dale,
You had inquired with our office the question regarding Charter School’s and foster children. I referred your question to staff at the Department of Human Services. In summary, children in the departments foster care system are permitted to attend Oregon Charter schools.
The Department uses the preferred school or educational placement when a child first enters substitute care. The preferred school or educational placement when a child first enters substitute care is the school or educational placement the child attended prior to entry into substitute care whenever possible. The current Education rules are listed below as well as an excerpt that pertains to Charter Schools. If a charter school is in the child’s best interest the department will work to maintain, or obtain this placement setting whenever possible.
Department of Human Services
I-E.8 Educational Services for a Child in Substitute Care.
Temporary Rules Jan. 1, 2008.
OAR 413-100-0915
Determination of a Child or Young Adult's School or Educational Placement
(3) Additional responsibilities when selecting a private school, charter school, alternative school, or international study program for a child or young adult.
(b) When considering the enrollment of a child or young adult in a charter school or alternative school, the caseworker must:
(A) Ensure that enrollment would be consistent with the child's or young
adult's permanency plan and educational goals;
(B) Verify that the charter school is approved by the local school district
board or the Oregon Department of Education;
(C) Consider recommendations from the child's or young adult's attorney,
CASA, and substitute caregiver; and
(D) The Child Welfare program manager must review information gathered in paragraphs (A) through (C) of this subsection, and may approve
enrollment.
I hope this answers you questions.
Respectfully,
Peter Courtney
President of the Senate
From: Dale Sherbourne [mailto:daleedwardsherbourne@mac.com]
Sent: Thursday, February 21, 2008 2:48 PM
To: SEN Devlin; SEN Courtney; REP Merkley; REP Hunt; REP Macpherson
Subject: Constitutionality of charter schools
From my preliminary findings from the Dept. of HS Mult. District they have no foster kids in Charter schools.
Therefore you have a de facto situation in violation of the Oregon Constitution
Where foster kids are being deprived of educational dollars being spent on one class of citizens at the expense of another class of citizens
ARTICLE I
BILL OF RIGHTS
Section 20. Equality of privileges and immunities of citizens. No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens. —
ITSNOT2LATE4PREK-8
Portland Public Neighborhood Schools
Where Kids Live, Learn And Learn To Live Together
Virtus Non Stemma
We must, indeed, all hang together or, most assuredly, we shall all hang separately.
Benjamin Franklin
Legislative Inquiry & The OSBA
A legislative inquiry has been intiated by Vicki Walker.
The Oregon School Board Association is interested but says it won't take a stand because they have charter school members as members of their organization.
ITSNOT2LATE4PREK-8
Portland Public Neighborhood Schools
Where Kids Live, Learn And Learn To Live Together In A Creative Environment
Virtus Non Stemma
Everyone Is Multilingual Music Is Everyones First Language