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In the final analysis, it is said that a
society is judged by how well it cares for those least able to care for
themselves. This is a measure by which MBUSD will be judged, but
with a twist: for with an appropriate education, programs and services,
those children who are typically viewed as "least able to care for
themselves" can learn to take care of themselves and become
independent, contributing members of our society.
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In closing, we are
providing the attached recommendations which we believe will start the
district out on the right foot toward improving its system of education
to benefit ALL children, including those with special needs. These
recommendations are consistent with the "Individuals with
Disabilities Education Act of 1997" [IDEA], the California State
Improvement Plan [SIP] mandated by the federal government, the Federal
Corrective Action Plan [FedCAP] with regard to non-compliance with IDEA
and the relationship these programs have with the provision of federal
funding for IDEA. We also believe that in the long run, these
recommendations will increase efficiency in the delivery of education
and education-related services and ultimately will save the district and
taxpayers money. Most importantly, these recommendations will lead to
better outcomes for ALL Manhattan Beach students.
Respectfully submitted
On behalf of ASK,
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Marilyn Barraza
Parent/Developmental
Disabilities Area Board 10 Representative.
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Dona Wright
Parent/Advocate
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Deborah Blair
Porter
Parent
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1. According
to the California Department of Education, Special Education Department
[CDE SED], during the 1997-1998 school year, four non-compliance
complaints were filed against MBUSD, and during 1998-1999, an additional
four complaints were filed, with one withdrawn in May 1999. For due
process, the Special Education Hearing Office [SEHO] database indicates
that in the 1996-1997 school year, one case filed involved five separate
hearings for one student, with an additional five separate cases filed
and resulting in hearings on behalf of five (5) separate students. In
the 1997-1998 school year, three hearing requests were filed. In the
1998-1999 school year, seventeen hearing requests were filed. From July
1999 to September 1999 alone, five additional requests were filed. These
figures do not include complaints filed with the Office of Civil Rights
[OCR], U.S. Department of Education for which we presently do not have
figures nor do these figures reflect complaints that were filed and
resolved at the local education agency level.
2. In
response to a recent request for mediation by a family that wished to
resolve its differences with the assistance of a mediator (absent
attorneys and without the need for the expenditure of funds for same),
district legal counsel informed the mediator that the district would not
mediate as requested and would only mediate with an attorney present.
This approach is a violation of the spirit of California Ed Code
Sections 56500.2 - 3 and Section 56502(b) regarding parents right to a
non-litigious mediated resolution of their dispute, results in the
district incurring legal fees where none were required, ups the
adversarial ante as it basically requires the parents to hire attorneys,
but also increases the potential for additional district expenditure in
the event the parents prevail and the district is required to pay their
attorney’s fees. This is not the first family wishing to resolve a
dispute in a less adversarial manner, which found itself forced to hire
attorneys because the district chose to proceed to due process rather
than resolve the matter through mediation.
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