Tag: Doe

  • Arizona Autism Charter School Founder Tapped as DOE Special Education Chief – The 74

    Arizona Autism Charter School Founder Tapped as DOE Special Education Chief – The 74

    The founder and executive director of a network of Arizona charter schools serving autistic children has been named the U.S. Education Department’s deputy assistant secretary for special education and rehabilitative services. Education Secretary Linda McMahon made the announcement while touring the Arizona Autism Charter Schools’ Phoenix location.

    Diana Diaz-Harrison, whose son is autistic, said that in her new job she hopes to continue her efforts to help others launch autism charter schools throughout the country. Her schools, she said in remarks captured on video by AZ Central, are a testament to what happens “when parents like me are empowered to create solutions.”

    “My vision is to expand school choice for special needs families — whether through charter schools, private options, voucher programs, or other parent-empowered models,” she said in a statement to The 74. .

    The five-school network uses a controversial intervention that attempts to train children to appear and behave like their neurotypical peers. Created by the researcher behind LGBTQ conversion therapy, applied behavior analysis, or ABA, is widely depicted as the gold standard despite scant independent evidence of its effectiveness and mounting research documenting its harms. 

    Diaz-Harrison opened the network’s first school in 2014 as a free, public alternative to private schools for autistic children, which are popular in Arizona but typically charge tens of thousands of dollars a year in tuition. Her Arizona charter schools are a 501(c)3 nonprofit financed by state and federal per-pupil funds. ABA is specifically endorsed by Arizona education officials as a strategy to use with autistic students.

    In the time since those charters opened, ABA has grown to be a national, multi-billion-dollar industry, with for-profit companies tapping public and private insurance to pay for as much as 40 hours a week of one-on-one therapy. The intervention uses repeated, rapid-fire commands that bring rewards and punishments to change a child’s behavior and communication style.

    A 74 investigation last year showed that most data supporting ABA’s effectiveness is drawn from research conducted by industry practitioners. Independent analyses, including a years-long U.S. Department of Defense review, found little evidence the intervention works. Former patients who underwent the therapy as children reported severe, lasting mental health effects, including PTSD.

    Diaz-Harrison told The 74 the therapy is both valuable and sought-after. “For the autism community, specifically, many families seek schools that integrate positive behavioral strategies,” she says. “The evidence supporting behavioral therapy is extensive and well-established. It has been endorsed by the U.S. surgeon general and the American Academy of Pediatrics as an effective, research-backed approach for individuals with autism.”

    During her visit, McMahon told students and staff she was eager to tell President Donald Trump about the schools. “He doesn’t believe any child, whether they have neuro-difficulties or any other problems, should be trapped in a school and not have the facilities that they need,” she said. 

    Since Trump’s second inauguration, he has issued numerous orders that have alarmed disability advocates and the autistic community. Though both edicts contradict longstanding federal laws, in March he ordered the closure of the Education Department and said responsibility for special education will be transferred to the U.S. Department of Health and Human Services.

    About half of the Education Department’s staff has been fired, including most of the people responsible for investigating what had been a backlog of some 6,000 disability discrimination complaints. Though it’s unclear whether Trump and McMahon may legally disregard special education funding laws and allow states to spend federal dollars as they see fit, both have said they favor giving local officials as much decision-making power as possible.

    Meanwhile, HHS Secretary Robert F. Kennedy Jr. has stoked fear in the autistic community by announcing a new effort to tie autism to vaccines or other “environmental toxins” — a hypothesis discredited by dozens of studies. The man he appointed to head the study has been cited for practicing medicine without a license and prescribing dangerous drugs to autistic children. 

    Last week, the new head of the National Institutes of Health announced that an unprecedented compilation of medical, pharmaceutical and insurance records would be used to create an autism “disease registry” — a kind of list historically used to sterilize, institutionalize and even “euthanize” autistic people. HHS later walked back the statement, saying the database under construction would have privacy guardrails.

    Among other responsibilities, the offices Diaz-Harrison will head identify strategies for improving instruction for children with disabilities and ensure that as they grow up, they are able to be as independent as possible. The disability community has raised concerns that the administration is retreating from these goals.   

    Advocates have said they fear the changes pave the way for a return to the practice of separating students with disabilities in dedicated special ed classrooms rather than having them attend class with typically developing peers. The Individuals with Disabilities in Education Act guarantees special education students the right to instruction in the “least restrictive environment” possible.          

    Families’ preferences vary widely, with some parents of autistic children refusing any form of behavior therapy, while others want their kids in settings with children who share their needs. Many insist on grade-level instruction in general education classrooms 

    Diaz-Harrison has a master’s degree in education and worked as a bilingual teacher in California early in her career. From the late 1990s until she began supporting her son full time, she worked as a public relations strategist and a reporter and anchor for the Spanish-language broadcast network Univision. 

    In 2014, frustrated with her son’s school options, she organized a group of parents and ABA providers who applied for permission to open what was then a single K-5 school serving 90 children. The network now has about 1,000 students in all grades and features an online program. 

    At the end of the 2023-24 academic year, 9% of the network’s students scored proficient or highly proficient on Arizona’s annual reading exam, while 4% passed the math assessments.      

    In December 2022, the network won a $1 million Yass Prize, an award created by Jeff and Janine Yass. The billionaire investors have a long track record of donating to Republican political candidates and organizations that support school choice. 

    One of the award’s creators, Jeanne Allen, is CEO of the Center for Education Reform. The center nominated Diaz-Harrison for the federal role. 

    Yass award winners were featured at the 2023 meeting of the American Legislative Exchange Council, or ALEC, a conservative forum where state lawmakers are given model bills on education and other policies to introduce in their respective statehouses. 

    Diaz-Harrison has partnered with a Florida autism school to create a national charter school accelerator program to help people start schools like hers throughout the country. She told The 74 the effort has so far supported teams of hopeful school founders from Louisiana, Texas, Florida, Alabama and Nevada. 

    Parents of young autistic children and autistic adults often disagree about ABA. Told by their pediatrician or the person who diagnosed their child as autistic that they have a narrow window in which to intervene, families fight to get the therapy. Adults who have experienced it, however, report lasting trauma and have lobbied for research — much of it now at risk of being defunded by Kennedy — into more effective and humane alternatives.


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  • Undocumented Immigrant Students Protected by Plyler v. Doe Ruling – The 74

    Undocumented Immigrant Students Protected by Plyler v. Doe Ruling – The 74


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    Students began asking questions soon after President Donald Trump took office.

    “How old do I have to be to adopt my siblings?” an area student asked a teacher, worried that their parents could be deported.

    “Can I attend school virtually?” asked another student, reasoning that they would be safer from being targeted by immigration agents if they studied online at home.

    A straight-A student from a South American country stunned and saddened her teacher by saying, “So when are they going to send me back?”

    “Can I borrow a laminator?”  asked another, who wanted to make a stack of “Know Your Rights” flyers sturdier. High schoolers have been passing the guides out, informing people what to do if stopped and questioned about immigration status.

    Trump campaigned on a vow to deport millions of undocumented immigrants, boasting of mass deportations.

    What that might mean for the children of targeted immigrants, or whether they would be rounded up, has been the subject of speculation, rumor and fear.

    In early March, the Trump administration began detaining families at a Texas center, with the intention of deporting the children and adults together.

    Kansas City area school districts are responding, training teachers and staff on protocols in case immigration agents try to enter a school and sending notices to parents.

    “Not every school district, not every charter school, not every private school, has addressed the issue,” said Christy J. Moreno with Revolución Educativa, a Kansas City nonprofit advocating for Latinos’ educational success.

    Parents in some local schools have had their fears calmed through district communication.

    “There have been some districts that have been a little bit more public about their stance on this, but in general terms, they’re not being very public,” said Moreno, an advocacy and impact officer. “It’s because of all the executive orders and the fear that federal funding will be taken away.”

    Indeed, when asked to comment, most area districts declined or pointed to district policy posted online.

    Immigrant children’s right to attend public school, K-12, is constitutionally protected.

    A 1982 U.S. Supreme Court decision, Plyler v. Doe, guarantees it regardless of immigration status.

    The Plyler ruling also ensures that schools do not ask the immigration status of children as they enroll, something that area districts have emphasized in communication to parents.

    The Shawnee Mission School District relies on policies that are the responsibility of building administrators if any external agency, such as law enforcement, requests access to or information about a student.

    “We strongly believe that every child deserves free and unfettered access to a quality public education, regardless of immigration status,” said David A. Smith, chief communications officer, in a statement. “While we cannot control the actions of others, we can control how we respond.”

    Schools were once understood to be off limits for U.S. Immigration and Customs Enforcement (ICE). Schools were considered to be “sensitive places,” along with hospitals and places of worship.

    Trump rescinded that nearly 14-year-old policy by executive order immediately upon taking office in January.

    In February, the Denver Public Schools sued the U.S. Department of Homeland Security, arguing that the schools’ duty to educate students was hindered by the change.

    Students were missing school out of fear, the Colorado educators said. And administrators and teachers were forced to redirect resources to train staff on how to react in case immigration agents entered school grounds.

    On March 7, a federal judge sided with Homeland Security in denying the injunction.

    The ruling gleaned some clarity for schools, with the government noting that the current policy requires “some level of approval on when to conduct an action” in a school.

    But that guardrail doesn’t negate anxieties, the judge acknowledged.

    In the Kansas City area, one mother, with two children in public school, indicated that her district’s support was too hesitant.

    “I know that the districts at this time have not come out in support of immigrant families in these difficult times,” she said. “They are just being very diplomatic, saying that education comes first.”

    Plyler v. Doe: Constitutionally protected, but still threatened

    Plyler v. Doe isn’t as universally understood as Brown v. Board of Education.

    The U.S. Supreme Court case guaranteeing immigrant children’s right to a public K-12 education is a landmark decision, said Rebeca Shackleford, director of federal government relations for All4Ed, a national nonprofit advocating for educational equity.

    “Kids are losing out already, even though they still have their right to this education,” Shackleford said. “There are kids who are not in school today because their parents are holding them back.”

    The class-action case originated in Texas.

    In 1975, the state legislature said school districts could deny enrollment to children who weren’t “legally admitted” into the U.S., withholding state funds for those children’s education.

    Two years later, the Tyler district decided to charge $1,000 tuition to Mexican students who couldn’t meet the legally admitted requirement. James Plyler was the superintendent of the Tyler Independent School District.

    The case was brought by the Mexican American Legal Defense and Educational Fund.

    Lower courts ruled for the children and their parents, noting that the societal costs of not educating the children outweighed the state’s harm. The lower courts also ruled the state could not preempt federal immigration law.

    Eventually the case was taken up by the U.S. Supreme Court, which in 1982 upheld the rights of the students to receive a K-12 education, 5-4, citing the 14th Amendment’s equal-protection clause.

    “By denying these children a basic education,” the court said, “we deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.”

    The court also said that holding children accountable for their parents’ actions “does not comport with fundamental conceptions of justice.”

    There have been efforts by state legislatures to challenge the ruling.

    In 2011, Alabama saw a dramatic drop in Latino student attendance, even among U.S.-born children, when the state ordered districts to determine the immigration status of students as they enrolled.

    The law was later permanently blocked by a federal court.

    Tennessee is currently debating passage of a law similar to the Texas law that led to the Plyler ruling.

    The proposed law would allow districts to charge undocumented students tuition, and would require districts to check the legal status of students as they enrolled.

    The bill recently passed out of an education committee.

    The chilling effect of such proposals, like current calls for mass deportations, can be widespread for children, advocates said.

    “How can you learn if you’re worried about whether or not your parents are going to be home when you get home from school?” Shackleford said.

    Teachers nationwide are seeing the impact as students worry for themselves, their parents and friends.

    “I think sometimes we forget that the words that we use as adults and the messages that we send are affecting our kids,” Shackleford, a former teacher, said. “And no one feels that more than teachers and classroom educators, because they’re right there in the rooms and hearing this and seeing the pain of their students.”

    Information vacuums contribute to rumors

    Voids in information leave room for misinformation, which is quickly spread by social media.

    Local advocates for immigrant rights have been tamping down rumors about raids, especially in regard to schools.

    There have not been any reported incidents involving ICE agents inside or on local K-12 school grounds.

    But in February, a man was detained near a Kansas City school, presumably as he was getting ready to drop a child off for the day’s lessons.

    Homeland Security officials arrested a man they said had previously been deported. Staff of the Guadalupe Centers Elementary & Pre-K School acted quickly, escorting the child into the building.

    For districts, managing communications can be a balance.

    North Kansas City Schools began getting questions from parents about ICE and Customs and Border Protection early this year.

    On Jan. 24, the district sent a notice to parents emphasizing policies that had been in place for several years.

    “In general, law enforcement has the same limited level of access to student records as members of the public with no special permissions,” according to the notice. “Law enforcement agents are not permitted to speak with nor interact with students without a valid subpoena, court order or explicit parent permission unless it’s an emergency situation.”

    Kansas City Public Schools Superintendent Jennifer Collier addressed immigration in a late January board meeting.

    Collier said that work had begun “behind the scenes” after Trump rescinded the sensitive-places policy.

    “What we didn’t want to do was to get out front and begin to alarm everybody, to create anxiety,” Collier said, noting the “feelings of heaviness and in some cases feelings of hopelessness.”

    All staff would be trained, including legal and security teams, in identifying valid court orders or warrants.

    She emphasized the emotional well-being of students. And the district has posted guidance online.

    “We’re going to make it to the other side of this,” Collier told her board. “So hold on. Don’t lose hope.”

    This article first appeared on Beacon: Kansas City and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.


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