OE

Georgia Department of Education

Richard Woods, Georgia's School Superilltelldellt

"Educating Georgia's Fwure"

l\flril 2, 2017 March 31, 2017

Correction April 4, 2017

VIA U.S. MAIL

Dr. Ashanti Johnson, Superintendent

Cirrus Academy Charter School
1870 Pia Nono Avenue
Macon, GA 31204

RE: Snow, Campbell, and Humble v. Cirrus Academy Charter School

Formal Complaint Resolution

Dear Dr. Johnson:

This is the decision regarding the complaint filed against the Cirrus Academy Charter School by
Ms. Ginger Snow, Ms. Susan Campbell, and Ms. Diana Humble (complainants) regarding all
Special Education students at Cirrus Academy Charter School. The concerns in the complaint are
as follows:

l . Implementation of an individualized education program (IEP) (34 C.F.R. 300.320)

2. IEP Team (34 C.F.R. 300.321)

The formal complaint process under the Individuals with Disabilities Education Act (IDEA) is to
address specific allegations of violations of the IDEA and its regulations or violations of state
special education rules. In response, the Georgia Department of Education (GaDOE) has
reviewed all material submitted by the complainants, reviewed the Cirrus Academy Charter
School's response, and conducted telephone interviews with the complainants and with school
representatives.

The facts are as follows:

l. The Cirrus Academy Charter School (Cirrus) is public charter school, operating under a
charter from the State Charter Schools Commission of Georgia.
2. Cirrus enrolled students for the first time beginning in August 2016.
3. The complainants stated in their complaint that "more than 70% of the students on IEPs
at Cirrus are out of compliance. Most students are not receiving their speech services,
[Georgia Alternate Assessment (GAA)] students have no teacher and are in inclusion all

Special Education Services and Supports

1870 Twin Towers East 205 Jesse Hill Jr. Drive Atlanta, Georgia 30334 www.gadoe.org
Phone 404-656-63 18 - Fax. 404-651-645 7
An Equal Opportunity Employer
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

day long, many direct violations of the IEP services including testing and classroom
modifications and accommodations."
4. According to Cirrus' response, "A significant number of students enrolled in Cirrus who
had previously received special education services in the past. In many cases, Cirrus did
not learn about the special education status of such students until receiving records from
the prior school district. To further compound the situation, multiple prior school
districts, including Bibb County and now defunct Macon Charter School, were slow in
providing student records as requested by Cirrus. In the case of Macon Charter School,
there was a large influx of new student population that came to Cirrus following its
abrupt closure on August 31 , 2016 following the loss of its Charter."
5. According to Cirrus' response, "At the beginning of the 2016/17 school year, Cirrus
contracted with Ginger Snow, Diana Humble and Ophelia Payne to serve as special
education staff. Ms. Snow was the lead special education teacher and the special
education department director. Ms. Humble was a special education teacher, and Ms.
Payne was a parapro. Additionally, the school also employed Roshonda Chatman, who
was a general education teacher with a special education parapro certificate, who assisted
with some special education matters as well. Ms. Chatman began assisting with special
education parapro services in October of 20 16, due to the influx of students as well as her
familiarity with the students based upon her prior employment at the Macon Charter
Academy. While she was helping with these special education services, she would have a
general education substitute in her general ed classroom. Beginning in September of
2016, the school also used Ms. Campbell, who was a certified special education teacher
to assist with the special education needs of the students at Cirrus. Ms. Campbell assisted
in a number of special education settings as an instructional coach, provided consultative
service hours and provided other services as per students' IEPs on an as needed basis."
6. On September 6, 2016, Ms. Humble (complainant), emailed the Georgia Professional
Standards Commission to inquire about obtaining Adapted Curriculum (K-12) and Sp Ed
General Curriculum added to her certificate in order for her to be considered highly
qualified to work with students being assessed by the GAA.
7. On September 7, 2016, the Georgia Professional Standards Commission emailed Ms.
Humble stating, "To become the Teacher of Record this year for Adaptive students in
Pre-K - 8'h grade cognitive level, you will need to obtain a non-renewable certificate in
Adaptive Curriculum, as well as Special Education Science P-8 and Special Education
Reading P-8. Because the non-renewable certificate may only be issued at the request of
an employing school system, Cirrus will need to request this for you ."
8. Ms. Humble has a NT certificate for Special Education Adapted Curriculum (P-12)
Consultative, Special Education Language Arts Cognitive level (P-5, 4-8, 6-12), Special
Education Reading Cognitive level (P-5, 4-8, 6-12), Special Education Science Cognitive
level (P-5, 4-8, 6 12). Ms. Humble has a SRT (standard professional teaching) certificate
for Business Education ( 6-12), Early Childhood Education (P-5), Marketing Education
(6-12), Middle Grades (4-8) Language Arts, Middle Grades (4-8) Mathematics, Middle
Grades (4-8) Social Science, Special Education General Curriculum (P-12) Consultative,
Dr. Ashanti Johnson
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March 31, 2017
Correction April 4, 2017

Special Education Mathematics Cognitive Level (P-5, 4-8, 6-12). Ms. Humble also has a
clearance certificate.
9. Ms. Campbell has a SRT certificate in Early Childhood (P-5), Middle Grades (4-8)
Language Arts, Middle Grades- Social Studies and Special Education General
Curriculum (P-12) Consultative.
10. Ms. Campbell stated in a telephone conversation with the investigator that she was hired
as a first grade teacher at the beginning of the year, but then she was asked to be an
instructional coach, assessment coordinator, Response to Intervention (Rtl) coordinator
and teach middle school general education language arts. She stated that she did not teach
special education students at the school. She did assist with looking at IEPs that came in
at the beginning of the year and full-time equivalent (FfE) reporting.
11 . Ms. Snow has a NT certificate for Special Education Adapted Curriculum (P-12)
Consultative, Special Education Language Arts Cognitive level (P-5, 4-8), Special
Education Mathematics Cognitive (P-5, 4-8), Special Education Reading Cognitive (P 5,
4-8), Special Education Science Cognitive (P-5, 4-8), Special Education Social Science
Cognitive level (P-5, 4-8). Ms. Snow has a SRT certificate for art (P-12), Special
Education curriculum (P-12) consultative. Ms. Snow also has a NPL certificate for
educational leadership building -level (P-12) and a clearance certificate.
12. Ms. Ophelia Payne has a clearance certificate. She does not have a paraprofessional
certificate.
13. Ms. Roshonda Chatman has a clearance certificate and a paraprofessional educator
(bachelor degree). She does not have a teaching certificate.
14. On September 21,2016, the superintendent emailed Kay Hancock, owner of Therapy
Specialists of Georgia (TSGA) regarding a contract to provide speech therapy for
students at Cirrus. The superintendent inquired about billable hours which the Board of
Cirrus had requested. Ms. Hancock responded by email that "The billable hours will
depend on how many students there are that need to be serviced and are not covered by
insurance. For example, if we treat a patient and bill for the service there will not be a
charge to Cirrus Academy. The only time you will be charged for service is if there is a
no show/cancellation, expired authorization, or mandated IEP with a specified# of visits
(ex. 2 x week recommended on the IEP however, insurance will only cover 1 x week),
etc. We will begin services at our office on Arkwright and then transition over to the
Academy once the service location has been added with the insurance companies. If we
need to do make-up sessions to be IEP compliant, we can plan for that."
15. The professional service contact between Therapy Specialists of Georgia and Cirms
states it is effective from September 22,2016, through June l, 2017.
16. On September 30, 2016, Ms. Hancock emailed the superintendent to discuss how to
proceed with speech services. "Per our contract we were to see patients on our office on
Arkwright Road until the Cirrus Academy service location is approved with TSGA
billing the student's insurance company for services rendered. If the insurance company
does not pay for that service, then it would be Cirrus Academy's responsibility to pay for
the service provided. As discussed with Ginger, in order for us to request authorization
for services we have to have a signed prescription from the pediatrician with the
Dr. Ashanti Johnson
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Correction April4, 2017

diagnosis listed (example: Autism; Speech therapy Evaluate and treat) . .. From my
discussion with [principal] today, I believe she would like to proceed with just utilization
of the IEP only with Cirrus Academy paying for all of these services." Ms. Hancock asks
how the superintendent would like to proceed.
17. IEPs provided by Cirrus indicated that there were seven students eligible for special
education and related services under the Speech-language Impairment (SI) category only.
. . One of those students ( ) has an eligibility that expired on December 12, 2011 .
18. IEPs provided by Cirrus indicate that there were 15 additional students requiring speech
services in addition to other special education services.
19. According to the invoice from Therapy Specialists of Georgia, the first entry was
September 22, 2016, for student
20. Cirrus states in its response that Ms. Snow "was responsible to ensure that all speech
services required under the student's IEP were provided by the speech therapist. . .
Unfortunately, Ms. Ginger Snow did not immediately ensure that speech services began
even though a speech therapist contract was in place, and there were varying periods of
delay in implementation of speech services. The School is in the process of determining
the exact amounts of speech services missed by each student, based upon their IEPs and
enrollment dates, but regardless of whether any speech services were missed due to the
time required to find the speech provider or failures on the part of Ms. Snow to schedule
services once the provider had been hired, the School intends to provide all missed
speech services either in the Spring 20 17, semester or offer services over the 2017,
summer."
21. According to Ms. Humble's schedule and student roll from August to November 2016, it
indicates that she taught five students. Three students were GAA students and two were
kindergarten students. Two GAA students, and withdrew in November.
22. On October 7, 2016, Ms. Humble (complainant) asked to attend a one day GAA training
which was granted by Cirrus' superintendent.
23. According to an email dated February 11,2017, from Ms. Humble (complainant) to the
investigator, Ms. Payne is a one-on-on paraprofessional for one student ( IEP
indicates supportive instruction for language arts, math, science and social studies for one
55-minute session per day. His IEP also states collaborative service for language arts for
two and half hours per week and speech services for two 30-minute sessions per week.
24. According to the email dated February 11, 2017, to the investigator, the complainant
states, "From August until early November, Diana Humble worked with only five
students, two were the Kindergarteners, three were the students on GAA 's. One second
grader, ( was with Ms. Humble every minute of the school day most of that time.
( a grader on a GAA was with Ms. Humble between 75-100% of the time as he
became more of a flight risk at school. Both ( and ( were taken out of Cirrus early
in November and only one ( remained on a GAA. At that time, Ms. Snow and
Ms. Humble changed Ms. Humble's schedule so that she could work with more students
that were being neglected. ( had to spend all of his school day in a general education
grade class, with only a general education teacher except for the two hours each
afternoon that Ms. Humble came into the grade class to co-teach."
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

25. According to IEP dated January 19, 2016, services listed included: separate class
for math, reading, science and social studies. All subjects were five one-hour sessions per
week with the primary provider as the special education teacher. Language arts was listed
as supportive instruction for five one-hour sessions. speech service was one hour
session per week.
26. According to IEP dated November 17, 2016, services listed included: five one-
hour co-taught sessions weekly for reading, five one-hour co-taught sessions weekly for
math, five 45-minute sessions supportive instruction weekly for specials, five one-hour
sessions supportive instruction weekly for science, five one-hour sessions supportive
instruction weekly for social studies, two 30-minute segments weekly for speech, five
one-hour sessions separate class weekly for language arts.
27. Ms. Humble's schedule indicates that from November 2016 to the beginning of January
2017, received only two hours of co-teaching for reading and math. He did not
receive language arts in a separate class.
28. Cirrus did not produce a supportive instruction schedule.
29. According to an email dated November 9, 2016, Ms. Humble emailed the superintendent
and the principal regarding general notes about special education. Ms. Humble reported
that she was reviewing IEP files, and stated"[m]any of these files have arrived in the past
two weeks. Many parents did not let us know about their students being on IEPs until that
first report card went home ... Tomorrow, we will look at the spreadsheet of students and
their services needs with Ms. Chatman and figure out a way to meet as many IEP
requirements as possible with the help of a paraprofessional as we discussed. We will try
to make as few modifications to the IEPs as we discussed."
30. According to Ms. Humble' s schedule and student roll from November 2016 to the
beginning of January 2017, it lists third-grade reading co-taught from 8:00-9:00 am.
Three students received this service,
31. s April 1, 2016, IEP states co-teaching for three hours per day; one hour reading, one
hour language arts, and one hour math. Her IEP also lists supportive instruction for
science and social studies
32. According to the schedule, received only one hour of co-teaching per day, and no
supportive instruction ..
33. February 8, 2016, IEP states co-teaching for one hour reading daily and 30 minutes
separate class for reading daily and speech for one hour per week.
34. According to the schedule, received the one hour co-teaching for reading but not the
separate class instruction for reading.
35. s March 11, 2016, IEP states co-teaching for 45 minutes per day for reading and
math, separate class for science and social studies for 30 minutes per day, 45 minutes, 4
days per week for language arts and 45 minutes daily of supportive instruction for
specials and 30 minutes per week for speech.
36. According to the schedule, only received one hour co-teaching for reading per day.
37. Ms. Humble's schedule from 9:00-10:00 am indicates co-teaching in kindergarten for
reading and math for
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

38. June 3, 2016, IEP states collaborative instruction for one hour session for reading
and math weekly and one 30-minute supportive instruction session for 30 minutes weekly
for math and reading and speech for 30 minutes weekly.
39. According to Ms. Humble's schedule, she co-taught English/Language Arts (ELA) and
Mathematics in fourth grade for and
40. May 20, 2016, IEP states, one hour co-taught math, one hour co-taught reading, and
one hour separate class for math and 30 minutes weekly for speech.
41. February 26, 2016, IEP states, one hour co-taught for reading and two 30-minute
sessions for speech.
42. According to Ms. Humble's schedule, she co-taught reading in the fifth grade from
12:50-1:50 for another and who was the GAA student.
43. According to Ms. Humble's schedule, she co-taught language arts in fifth grade from
l :50-2:50 for another and who was the GAA student.
44. March 9, 2016, IEP states, reading, language arts and math co-taught for one hour
per day, supportive instruction for one hour per day for science and social studies and one
hour speech weekly.
45. According to the schedule, received two hours of co-taught instruction per day.
46. October 30, 2015, IEP states collaborative instruction 30 minutes per day for
language arts and math and supportive instruction for 30 minutes per day for science and
social studies. According to the schedule, received two hours of co-taught instruction
per day.
47. February 26, 2016, IEP states collaborative instruction 30 minutes per day for
language arts and math and supportive instruction for 30 minutes per day for science and
social studies. According to the schedule, received two hours of co-taught instruction
per day.
48. According to Ms. Snow's schedule, she co-taught eighth-grade ELA from 8:00-9:00 am
and co-taught eighth-grade math for and
49. February 5, 2016, IEP states supportive instruction for language arts and math for
five 30-minute sessions weekly and one 30-minute session for speech.
50. March I, 2016, IEP states supportive instruction for language arts and math for five
30 minute sessions weekly.
51. March ll, 2016, IEP states co-taught five 50 minute sessions weekly for language
arts, math, science and social studies, five 50 minutes sessions weekly for math in a
separate class and speech for two 30 minute sessions monthly.
52. According to Ms. Snow's schedule, she co-taught seventh-grade ELA from 10:00- 11 :00
am and co-taught seventh-grade math from 11 :00 am-12:00 pm. There are three students
in seventh-grade requiring collaborative instruction for 30 minutes per day
for math and language arts. No names were listed on the schedule.
53. According to Ms. Snow's schedule, she co-taught second-grade math from 1:00-2:00 pm
and second-grade reading from 2:00-3:00 pm for
54. December 8, 2015, IEP states five 30-minute session weekly for language arts, five
30-minute sessions of supportive instruction for science and social studies, separate class
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

two 30-minute sessions for speech, separate class five one-hour sessions weekly for
reading, and five one hour sessions for math.
55. A color-coded projection sheet was used to propose additional staff needed to cover IEP
services.
56. On December 1, 2016, Ms. Humble (complainant) emailed the superintendent and
principal a spreadsheet that showed "which IEPs were expired, about to expire ... what
services are for each student. Hope this helps for planning. We are working on typing up
current schedules for both Snow and Humble for co-teaching to share." The spreadsheet
listed 27 student names. Twenty-two of those students required speech services.
57. On December 12, 2016, Ms. Humble sent an email to the superintendent stating, "As you
may know, we've shared some concerns about the situation here at Cirrus with you, as
Superintendent of Cirrus. Unfortunately, as of this writing, those issues have not be [sic]
rectified. To recap, our concerns include: We are not meeting the number of hours each
student is supposed to be served for Special Education because two special education
teachers are spread across 9 grade levels. We are each Co-teaching most of every school
day and are unable to meet the needs of many of the rEP's for support. We are only 2
people trying to serve 34 special education students from K-8 in Co-teaching classes. We
are not offering resource classes even though some of the student's IEPs state that they
need separate room support. Many students have IEP's including paraprofessional
support that is not being provided. Although we both had the GAA certification added to
our credentials to serve students on GAA' s, neither of us have worked with students on
GAA assessments before or can manage them without support. We are not adequately
meeting IEP requirements of one student that we have a GAA due to time restrictions.
Mrs. Humble offered to get the training for the GAA. She has received one half day of
training. At this time, the student on a GAA is not receiving the services on his IEP as he
requires 30 hours a week and he is receiving only 2 as are the other fifth graders .. .We
respectively request that these issues be addressed and we reach a workable resolution."
The email is signed by Ms. Ginger Snow, Lead Special Education Teacher, and Ms.
Diana Humble, Special Education Teacher.
58. According to Cirrus' response, "The complainants failed to mention the fact that the
School District acted promptly to address these concerns in a variety of ways. On or
around December 18, 2016, the School voluntarily contacted Violet Johnson, the former
head of Special Education for the Bibb County School System as well as the Department
Coordinator for the Early Childhood Special Education program at Fort Valley State
University, to review the Special Education program at Cirrus including IEPs and to
address all of the allegations of Ms. Snow and Ms. Humble."
59. According to Cirrus' response, "The School also arranged to meet with Ms. Humble and
Ms. Snow' s attorney from [the Professional Association of Georgia Educators (PAGE)],
Mason Bryan, to further discuss the aforementioned special education issue on December
27, 2016. Additionally, a meeting was scheduled and subsequently held on January 4
with Ms. Humble, Ms. Snow, their attorney, the attorney for the School, Dr. Gail Fowler,
(principal of the School), Dr. Violet Johnson and telephonically with Dr. Ashanti Johnson
(the CEO of the School). At the meeting a proposed schedule adjustment was presented,
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

IEP shortcomings were discussed and a plan of action was made to review all of the IEPs
in order to determine a plan of action to make sure everything was in compliance."
60. Cirrus' response states that Dr. Johnson, ..reviewed all IEPs, including the ones attached
herein and has analyzed, amended, and conducted a large number of annual reviews to
ensure many IEPs were in compliance during the month of January. Dr. Violet Johnson
has been serving as the head of special education for Cirrus since January 2017."
61. According to Cirrus' response, ..due to the absence of Ms. Humble and Ms. Snow, long
term substitutes (in addition to the staff listed below) were placed under the direction and
supervision of Dr. Violet Johnson in order to make sure that the special education needs
were met in the interim. During this period Dr. James Barta, former Dean of Mercer
School of Education, agreed to work with the school as an additional resource relating to
working with its Special Education department. Dr. Barta has a background in Math
Education and Special Education and has been an excellent resource for the school.
Further, Ms. Sheylma Collins has been brought in to assist with the GAA process and aid
in assessing the School's GAA student. Also Dr. Donna Poole, Georgia Learning
Resources System (GLRS) director, has been brought in to assist in the provision of
resources as needed. Because of ongoing concerns related to Ms. Snow and Ms. Humble,
and Ms. Campbell, the staff that began as long term substitutes have been or are currently
being transitioned to permanent positions for the remainder of the school year."
62. The complainants state in the complaint that ..We were deceived and told that a
paraprofessional was certified in SPED, and served as an LEA and helped/signed FTE."
63. Ms. Campbell stated in a .. timeline of events" that she was told that Ms. Chatman was
certified and highly qualified.
64. According to Cirrus' response, .. during the time period that the School's special
education department was under the leadership of Complainant Ginger Snow, Ms.
Roshonda Chatman, a third grade teacher, was a participant in the IEP meetings at the
request of the special education teachers. She was specifically brought into the meetings
based upon her familiarity with the students in question from her time at Macon Charter
Academy. Ms. Chatman did sign incorrectly as the LEA in the presence of Ms. Humble
and/or Ms. Snow on a number of IEPs, however, the requirements of an LEA
representative were met in those meetings by either Ms. Humble or Ms. Snow." The
school's response further states that Dr. Violet Johnson who is both an LEA
representative and certified as a special education teacher signed many IEPs in January,
2017, at the annual reviews.
65. Ms. Shyelma Collins has a SRT certificate in Special Education Adapted Curriculum (P-
12) Consultative; Special Education General Curriculum (P-12) Consultative; Special
Education Language Arts Cognitive Level (P-5, 4-8); Special Education Math Cognitive
Level (P-5, 4-8); Special Education Science Cognitive Level (P-5, 4-8); Special
Education Social Science Cognitive Level (P-5, 4-8). Ms. Collins also has a clearance
certificate.
66. Dr. Violet Johnson has a SRT certificate in Special Education Social Science Cognitive
Level (P-5, 4-8); and Special Education General Curriculum (P-12) Consultative; a SRS
Dr. Ashanti Johnson
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March 31 , 20 17
Correction April4, 2017

certificate in Data Collection; and a SRL certificate in Director: Special Education, and
Educational Leadership.
67. On February 27, 2017, the investigator requested Ms. Chatman's "exact schedule and
which students she served as a special education paraprofessional and dates she was
serving those students."
68. An email dated March 3, 2017, from the school's attorney stated "I have followed up
with Cirrus regarding Ms. Chatman's schedule and learned that while Ms. Chatman has
special education paraprofessional credentials (and during her previous employment
served in that capacity and worked directly with special education students), she was not
providing in classroom services with special education students at Cirrus. Given her
previous experience and credentials, as an employee at Cirrus, Ms. Chatman was called
upon to serve as a knowledge resource and assist their special education teachers with
their preparation and recording of IEPs, utilizing the Infinite Campus student information
system, and attend IEP meetings at the request of their special education teachers."
69. On March 29,2017, the Georgia Department of Education received a supplemental
response from Cirrus' attorney that delineated steps the school is taking to correct the
denial of services to 27 students with disabilities. The following is a summary of those
steps:
a. The student's IEP Team reviewed and revised the following student's IEPs:
and
b. A plan for providing speech services, including the number of hours that the
students have received, and the number of hours that they have not received. The
following students are included:
and
c. The grade reports for the following students:

d. Cirrus is in the process of evaluating the following students:

and
e. Since Cirrus is unable to determine exactly how many hours of co-teaching and
GAA services were provided to each student while the complainants were
providing services, Cirrus is offering summer schools services to each of its
special education students this summer and enrichment Saturday classes to each
special education student that desires such opportunities through the end of the
Spring 2017 semester;
f. Cirrus is implementing the Georgia Online IEP (GoiEP) software to help ensure
that timelines and other procedures are followed, and is training staff for use of
the program;
g. Dr. Johnson is developing a special education policies and procedures handbook
that will be implemented in the 2017-2018 school year;
h. An in-service training program for administration, teachers, and staff will be held
during the 2017-2018 preplanning time period; and
Dr. Ashanti Johnson
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March 31 , 2017
Correction April4, 2017

i. Cirrus summarized each student's IEP and grade report to assess the needs of
each of the 27 students. The summary includes, among other things, whether the
student's IEP services from their previous district were increased, decreased, or
left unchanged over the course of their enrollment in Cirrus.

The findings are as follows:

1. Implementation of an IEP (34 C.F.R. 300.320)

Under the IDEA, a student's IEP must include, among other things, a statement of the special
education and related services and supplementary aids and services to be provided to the
student, and the anticipated frequency, location, and duration of those services. 34 C.F.R.
300.320(a)(4), (7). Additionally, each public agency must ensure that, as soon as possible
following the development of a student's IEP, special education and related services are
made available to the student in accordance with the student's IEP. 34 C.F.R.
300.323(c)(2). Moreover, the public agency must ensure that: (1) the student's IEP is
accessible to each regular education teacher, special education teacher, related services
provider, and any other service provider who is responsible for its implementation; and
(2) each implementing teacher and provider is informed of his or her specific responsibilities
related to implementing the student's IEP and the specific accommodations, modifications,
and supports that must be provided for the student in accordance with the IEP. 34 C.F.R.
300.323(d).

Here, there are approximately 27 students with disabilities who have current IEPs at Cirrus,

and Cirrus did not provide the necessary speech

services as outlined on numerous student IEPs until the end of September, 2016, when a
contract was obtained between Cirrus and Therapy Specialists of Georgia. In order for the
provider to begin therapy, they needed to receive a signed prescription from the each of the
student's pediatrician with a diagnosis listed for speech therapy. Ms. Snow assisted with the
coordination of obtaining these prescriptions with the parents. Cirrus' supplemental response
includes a plan for providing speech services, including the number of hours that the students
have received, and the number of hours that they have not received. The following students
are included in the plan for speech services:
and

After reviewing the student's IEPs, the spreadsheet with student services and schedules, it is
clear that students were not receiving all of their special education services as listed on their
IEPs. There was not enough staff to implement these required services. Many IEPs required
supportive instruction; however, Ms. Payne was a one to one paraprofessional for one
student. There was not another paraprofessional assigned to serve students with supportive
instruction. With only two special education teachers, it was impossible to serve all students
requiring collaborative and co-taught instruction across nine grade levels. Cirrus states that
Dr. Ashanti Johnson
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March 31,2017
Correction April 4, 2017

they have hired several people to assist with services and oversight since Ms. Humble, Ms.
Snow and Ms. Campbell have been absent. Although the students' IEPs have been reviewed
and revised this semester, there is no indication in the record that every IEP is being
implemented fully. Nevertheless, the record is clear that all students with disabilities at
Cirrus did not receive all of their special education and related services for the first semester.

Cirrus Academy Charter School is not in compliance in regard to Implementation of an IEP (34
C.F.R. 300.320).

2. IEP Team (34 C.F.R. 300.321)

Under the IDEA, the public agency must ensure that the IEP Team for each student with a
disability includes: (1) the parent of the student; (2) not less than on regular education teacher
of the student, if the student is, or may be, participating in the regular education environment;
(3) not less than one special education teacher of the student or where appropriate, not less
than one special education provider of the student; (4) a representative of the public agency
who is qualified to provide or supervise the provision of specially designed instruction,
knowledgeable about the general education curriculum, and knowledgeable about the
availability of resources of the public agency; (5) an individual who can interpret the
instructional implications of evaluation results; (6) at the discretion of the parent or the public
agency, other individuals who have knowledge or special expertise regarding the student,
including related services personnel as appropriate; and whenever appropriate, the student
with a disability. 34 C.F.R. 300.321 (a).

Here, the complainants stated that Ms. Chatman was not qualified to be the LEA
representative at several IEP Team meetings. The LEA representative must be qualified to
provide or supervise the provision of specially designed instruction, knowledgeable about the
general education curriculum and knowledgeable about the availability of resources. Ms.
Snow and Ms. Campbell state that they were informed that Ms. Chatman was certified and
highly qualified to assist with IEPs and FTE reporting. However, Ms. Chatman only has a
paraprofessional certificate.

Cirrus admits in its response that Ms. Chatman "was specifically brought into the meetings
based on her familiarity with students in question from her time at Macon Charter Academy.
Ms. Chatman did sign incorrectly as the LEA in the presence of Ms. Humble and/or Ms.
Snow on a number of IEPs .. ."

Cirrus Academy Charter School is not in compliance with regard to the IEP Team (34 C.F.R.
300.321).

The resolutions are as follows:

Dr. Ashanti Johnson
Page 12
March 31,2017
Correction April4, 2017

Cirrus Academy Charter School will provide a detailed schedule indicating that it now has
adequate staff to provide the special education and related services indicated on each
student's IEP. This schedule shall be provided to the GaDOE no later than April21, 2017.

Cirrus Academy Charter School shall provide written notification to the parents of each
student with an IEP that Cirrus was found not to be in compliance with federal and state
special education rules and regulations, and that it is required to provide compensatory
services to each student with an IEP. Cirrus shall provide copies of each notification to the
GaDOE no later than May 5, 2017.

Cirrus Academy Charter School shall schedule an IEP Team meeting with the parent of each
student to consider a reasonable schedule and delivery method to provide specific hours of
compensatory services to each student. The compensatory hours shall be provided in addition
to the services required in the student's IEP. Cirrus will provide a compensatory education
plan to the GaDOE for approval no later than June 2, 2017, indicating the specific type and
amount of compensatory hours and how those hours will be delivered. Documentation of the
completion of these services should be submitted to the GaDOE no later than May 2~. 2017
December 22, 2017. An IeP Teaffi meeting must ee sckedl:lleel witk eack parent to consider
a reasonaele sckeellile and elelivery metkoel to provide specific kours of compensatory
ser'lices for eack stlident. Tke compensatory kolirs skall ee provided in addition to tke
services reqliireel in all of tke stl:ldents' IBPs. Tke sckool will pro\ide a compensatory
education plan for each student to the GaDOE no later tkan June 2, 2017, ael;ising kov. the
compensatory kours will ee eleli,ereel. Docl:lmentation of tke coffipletion of these sef'lices
shoulel ee SliBffiitteel to tke GaDOE no later tkan Decemeer 22, 2017.

Working in coordination with the GaDOE, Cirrus Academy Charter School shall review and
revise its policies, practices, and procedures including but not limited to IEP Team and
Implementation of IEPs. The school shall provide these procedures to the GaDOE for
approval no later than June 2, 2017. Upon approval of these procedures, the district shall
train all special education teachers and administrators at Cirrus Academy Charter School on
how to implement these procedures through documented practices. The training will be
documented with training materials and attendance rosters of participants, and shall be
provided to the GaDOE no later than August 18, 2017.

All decisions arising from the complaint process are final. There is no appeal or reconsideration
process. Failure of Cirrus Academy Charter School to complete the required actions may result
in the withholding of federal and/or state funds for special education.

All required documentation should be sent to:

Jamila Pollard, Program Manager/Legal Officer

Dispute Resolution
Dr. Ashanti Johnson
Page 13
March 31,2017
Correction April 4, 2017

Special Education Services

Georgia Department of Education
1870 Twin Towers East
Atlanta, Georgia 30334-5010

If you should have any questions, please contact Jamila Pollard atjpollard@doe.k12 .ga.us or
404-657-7329.

Sincerely,

~~-.\)l'l4h<""
Dr. Zelphine Smith-Dixon, State Director
Division for Special Education Services

ZSD:fn

cc: Mr. Lou Erste, Georgia Charter School Director

Mr. Gregg Stevens, Deputy Director/General Counsel for State Charter Schools
Commission of Georgia
Dr. Susan Brozovic, GaDOE District Liaison
Ms. Cindy Bertram, Investigator
Mr. David Waldroup and A.J. Welch, Jr of Smith, Welch, Webb & White
Mr. Boone Smith IV of Smith, Hawkins, Hollingsworth & Reeves, LLP
Ms. Ginger Snow, Susan Campbell, and Diana Humble, Complainants (Redacted)