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This adversarial approach
sends the message that MBUSD is only interested in teaching and taking
credit for children who are easy to teach and that those who are not so
easy to teach or who require a greater cost to do so simply are not
worth it. Applying this same sort of thinking to how we raise our own
families, we would have to ask ourselves whether it would be acceptable
to provide for or invest only in those of our children who were healthy
and inexpensive to raise? Of course the answer is no. So why should we
do any differently in educating our community’s children?
Most problematic, this
adversarial and reactive approach has contributed to a misinterpretation
of laws and misunderstanding of regulations that has resulted in
discrimination against children with special needs. Recent actions of
the district make it apparent that the district believes that children
with special needs are not entitled to access state programs such as
"The California Reading Initiative" or interventions resulting
from the recent anti-social promotion legislation AB1639, and on that
basis has excluded children who receive special education services from
programs. Both of these interventions are specifically designed to help
ALL children, including children who receive special education services.
Such a practice is not only exclusionary, it directly contradicts
state-published guidelines for AB1639 [which specifically state that
children who receive special education services are not excluded from
this legislation] and violates Section 504 of the Rehabilitation Act of
1973.
In reauthorizing the
Individuals with Disabilities Education Act of 1997 [IDEA],
Congressional findings stated that "Disability is a natural part of
the human experience and in no way diminishes the right of individuals
to participate in or contribute to society. Improving educational
results for children with disabilities is an essential element of our
national policy of ensuring equality of opportunity, full participation,
independent living, and economic self-sufficiency for individuals with
disabilities." The question is whether MBUSD will work to assure
the independence of children with disabilities by doing the right thing
and ensuring them an appropriate education or whether it will instead
abrogate its responsibility in the eyes of the community and society at
large?
We recommend that the
district abandon its adversarial stance and instead adopt a truly
collaborative approach which will benefit all students and at the same
time save money. If the district chose to take a proactive, planned
approach to educating ALL children, rather than spending funds on legal
fees to prevent children from having access to services, the future of
the district and its students would be far brighter. Such an approach
should include the coordination and implementation of an effective
service delivery model, the training of district personnel to provide
appropriate services, the implementation of inclusive practices that
will raise the scores of ALL children and the provision of necessary
supports for both students and their teachers. Providing this proactive
approach will vastly improve outcomes for all children and the district
will save much needed funding.
MBUSD is made up of many
wonderful and talented teachers and has amazing resources at its
disposal. To top it off, it has perhaps the most involved and committed
group of parents anywhere. Working together, we can make a difference in
the lives of ALL of our children.
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