Synopsis of Compliance Complaint Allegations

  The following is a brief description of the Compliance Complaint allegations. 

 1)         Mira Costa High School fails to provide a course or track of classes that are non-college prep [CP], non-honors [Honors], or non-advanced placement [AP].

 2)         Mira Costa High School and district administrators have informed parents that if accommodations or modifications are made to the only courses available in the general education setting, i.e., college prep courses, students with disabilities will not receive credit for those courses, and will not graduate.

3)          Teachers and administrators at Mira Costa High School do not understand accommodations and/or modifications, the impact they have on the student’s curriculum, the impact accommodations and/or modifications have on grading and course credit, and the student’s right under the law to receive accommodations and modifications. 

4)             Parents are not given sufficient information or adequate explanations regarding the IEP process.

5)            MBUSD and Mira Costa High School fail to ensure students with disabilities have full access to the core curriculum, and related essential standards for the State of California.

6)             MBUSD and Mira Costa High School fail to ensure high school teachers are knowledgeable about the contents of students’ IEPs and have information relative to students’ strengths, needs, learning styles, and instructional modifications and accommodations needed to ensure student success in learning.  [See May 1998 CCR, Item II-S6, Page 11, Appendix A, hereto.]

7)            MBUSD does not hold high standards for students with disabilities.

8)         The SELPA Local Plan Policies and Procedures, 1995-1999, as revised by Revisions to the 1995-1999 Local Plan, dated November 1998, have been violated by both MBUSD and the Southwest SELPA.

9)         The State of California, Department of Education [CDE] has failed to monitor MBUSD and its compliance with the IDEA and other federal and state laws and regulations regarding students with disabilities, by failing to require the written plan that was to be provided by MBUSD within 45 days under the May 1998 CCR.

10)       The State of California, Department of Education has failed to enforce the IDEA and other federal and state laws and regulations regarding students with disabilities, by failing to ensure resolution of non-compliant findings in the CCR 1998 May Report. [See May 1998 CCR Report]

11)       The State of California, Department of Education has failed to monitor and ensure substantive compliance by MBUSD, as called for by the CCR May 1998 Report, by requiring remediation of the items of non-compliance identified on pages 10 through 12 of the May 1998.   [See May 1998 CCR Report].

12)       The State of California, Department of Education has failed to meet its obligation to redress the grievances of parents of and students with disabilities by failing to appropriately and on a timely basis, open and investigate complaints brought to it by those parents and/or students with disabilities.

13)       The State of California, Department of Education has knowingly engaged in a hands-off policy with regard to MBUSD, which has allowed the district to engage in the acts described above, with impunity and without consequence.