Officials will wait for district to clean up its act to release cash
CITY HALL Citing concerns about transparency and accountability within the Santa Monica-Malibu Unified School District, the City Council on Thursday voted to place $7.2 million in education funding on hold until school officials address the use of gag orders that prevent parents and administrators from speaking out.
The decision to withhold the money followed lengthy talks regarding special education and the district’s finances — a steady source of controversy following the school board’s decision to grant a 5-percent raise to teachers over the objections of the former chief financial officer and the district’s financial oversight committee.
Parents of students with special needs claim they were forced to enter into secret deals with school officials and sign gag orders in exchange for services not included in their child’s initial Individualized Education Program, or IEP, which is developed by a team of professionals with a given child’s parents. The IEP defines the student’s particular disability and outlines the services necessary for the child to succeed.
Parents have indicated they are afraid to speak out because they did not want to violate the gag orders and jeopardize their child’s education.
Another hot topic concerns the resignation of former Chief Financial Officer Winston Braham late last year and the $189,000 settlement agreement he received, which included clauses preventing him from speaking publicly on district financial matters. Further, the agreement also prevents him from saying anything disparaging about the district.
On May 7, district officials amended the confidentiality clause, allowing Braham to testify before the council, which he has declined to do. According to published reports, Braham did not feel comfortable speaking publicly because of the disparaging remarks clause.
Council members expressed strong support for public education and highlighted a multitude of achievements made by local students and administrators, including Malibu and Santa Monica high schools being named amongst the top 200 high schools in the nation.
Still, many could not get over the lack of transparency. Some stated that even though they believe the district is doing well, the gag orders create the perception that there is something to hide.
“I am a firm believer that public entities and school districts and this council have to be transparent,” said Mayor Pro Tem Herb Katz, who sponsored the motion to withhold funding.
“No parent, no student should live in fear for any reason,” said Katz, who recalled his own dealings with the district when his two sons were in special education, calling the arrangement he made “Gestapo” like. “The fact is we have a great school district, (but) there’s a glitch and that glitch needs to be changed... The school board (has) to act.”
Only then will the council give the district the funds, according to the motion.
School board President Kathy Wisnicki said her colleagues have taken the council’s concerns “to heart” and have engaged over the last few months in a comprehensive budget development process, complete with independent reviews that show the district’s finances to be stable despite the recent pay raise and declining enrollment.
Wisnicki said the district spends $12.5 million from the general fund on special education — three times the state average per student.
“We go above and beyond what state and federal sources give to the district,” Wisnicki said.
The board is looking to hire more special education instructors and bring services in-house, she added.
It was almost a year ago when several parents accused former Assistant Superintendent of Special Education Services Tim Walker of brokering the so-called secret deals with the students’ IEPs. If parents are unhappy with the IEP, they could opt to file for Due Process or meet with Walker to settle any disputes. The district has a policy to settle such disputes before they reach the point of litigation, Wisnicki said.
The parents alleged that their children lost out on services because of the settlements.
“There are many who would be here tonight, but are afraid,” said Tricia Crane, the mother of a special education student and member of the special education advisory committee for the district. “I have no desire to harm the district, but this needs to be remedied.”
Crane said she was able to afford an attorney to make sure her child received the best possible education, but worries that there are other parents who do not have the financial ability to do that, and therefore, are losing out.
Wisnicki intimated confidentiality agreements were signed as part of a settlement between special education parents and the district in an effort to protect the privacy of children and their parents, and to prevent parents from comparing services, which could lead to perceptions of inequality in how the district deals with special needs students.
Wisnicki added that the agreements help to protect parents from attorneys promising extra services they may not be able to deliver.
Councilman Bob Holbrook, who served on the school board for eight years before joining the council, said he understands the difficulties in providing a quality education when funding from the state is unreliable. That was part of the reason why the council decided to enter into a funding agreement with the district in the first place.
That said, Holbrook also expressed concern about the gag orders signed by parents with special needs children.
Councilman Bobby Shriver said he thought the clause in Braham’s contract regarding disparaging remarks was “a joke” when he first heard it. When he found out it was on the level, he called the city attorney to ask her if she had seen anything like it in other agreements. She had not.
“For the record, I think this is sad,” Shriver said. “I looked forward to voting for this increase with great enthusiasm, even considered appropriating more... (but) I can’t vote to give this money until these matters are dealt with.”
Wisnicki said Friday that the school board is open to discussing the issues at hand.
“I think we are all in agreement to look at the possibilities,” she said.
It was too early to know when a meeting of the school board would be scheduled to deal with the concerns of the council, but Wisnicki said district staff is looking into the issue.
“This is very complex and I don’t think there is one simple solution,” she said. “We are very happy that the council ended up putting a placeholder for education funding in their budget. That was the best outcome given the concerns of the council.”
Originally published in the Santa Monica Daily Press print edition on May 26, 2007. Read the original PDF.