District may have to abandon practice to please City Council
CITY HALL Despite a City Council decision last week to withhold $750,000 from the Santa Monica-Malibu Unified School District until school officials address the issue of confidentiality agreements, all hope is not lost.
At its regular meeting on June 12, the council is expected to present a proposal to the Board of Education to release the funds so long as school administrators agree to revise the district’s policy on confidentiality agreements — clauses in contracts that have raised concerns in recent mopnths about the district’s transparency and accountability.
Until recently, former Chief Financial Officer Winston Braham was contractually restricted against speaking about the district’s financial matters. Braham abruptly resigned in late 2006 amid rumors that he disagreed with an impending 5-percent teacher salary raise and cautioned against its effects on the district’s financial health.
Last year, parents of special education students accused former Assistant Superintendent of Special Education Services Tim Walker for brokering so-called “secret deals” with their children’s Individualized Education Plans (IEP). The IEP outlines an educational program specific to the needs of a special education student for the school year.
The parents alleged that their children lost out on services in the “secret deals” — so-called because the parents signed confidentiality agreements not to discuss the contents of the respective contract with a third party.
For weeks, published reports stated that City Council members Bobby Shriver, Robert Holbrook and Herb Katz were uncomfortable with the confidentiality agreements and warned they would vote to withhold the funds until school officials addressed the issue of the gag orders.
City staff recommended in April that the council approve a $750,000 increase in the city’s annual contribution to the schools under the Master Facility Use Agreement, a contract whereby the city pays the school district for use of its facilities.
Following a lengthy discussion on May 24, City Council unanimously voted to place the money in reserves, said Mona Miyasato, the deputy city manager.
During the meeting, Council members Pam O’Connor, Richard Bloom and Ken Genser were ready to approve the Master Facility Use Agreement. Council member Kevin McKeown recused himself from the vote because of his employment with the school district.
Of prime concern to Holbrook is a requirement in Braham’s deal that precludes the former CFO from making any disparaging remarks about the district, risking his lucrative severance package if he chooses to speak.
Changes also need to be made in the special education policy that prevents parents from speaking about their children’s IEP, said Holbrook, who has heard that a lot of parents are “scared to death” to say publicly how they feel about the contracts.
Holbrook said he is willing to give the district a year to revise its policy on special education.
After signing confidentiality agreements, many parents refrain from speaking out of fear that the district will retaliate against their children, said Katz, whose child was in special education in the district years ago.
The council member recalls fighting publicly against the district after he felt his children were being mistreated.
“I lived in horrendous fear and we knew we had to fight it,” Katz said. “I strongly believe the district has to be transparent.”
The school board is currently in the process of reviewing the confidentiality clauses and is asking for a full review of the special education program, according to Board of Education Vice President Oscar de la Torre.
Only about 5 percent of the special education students in the district have an IEP, de la Torre said.
“We recognize that it doesn’t feel comfortable to hear that parents can’t talk about the services that they obtained,” he said. “On the surface, it sounds very uncomfortable.”
The school district is trying to act in good faith, having lifted Braham’s confidentiality agreement several weeks ago and putting its budget through the most public scrutiny it has received in SMMUSD history, de la Torre said.
“In the end, keeping resources from our children is not the best course of public policy, especially when it’s regarding personnel matters,” he said. “We don’t punish the children for the mistakes the adults make.”
District PTA President Laura Rosenbaum attended the City Council meeting on May 24 and spoke about the correlation between education and success later in life, urging that City Council adopt the staff’s recommendation to increase funding by $750,000.
“In this matter, the city’s and the school district’s interests are aligned in making sure children have excellent education,” Rosenbaum said. “There needs to be discussion between the groups... to air their concerns and issues and work it out.”
Shari Davis, president of the Community for Excellent Public Schools (CEPS), was among the parents who attended the council meetings. The parent organization advocates for the district to receive additional funding from the city.
CEPS is disappointed that the City Council did not approve the funds because it helps all children in the schools, including students with special needs, she said.
Tricia Crane, former chair of the Special Education District Advisory Committee, said she hopes that the school board will “do the right thing” in eliminating the confidentiality agreements on the parents, adding that one of her goals is to stop the “culture of intimidation.”
“I am so grateful to those on the council who have demonstrated that they care about these children,” Crane said.
Originally published in the Santa Monica Daily Press print edition on May 31, 2007. Read the original PDF.