PARENTS OF SPECIAL EDUCATION CHILDREN said they had been lied to, attacked, ignored, bullied, marginalized, slandered, intimidated, mislead and blamed for requesting basic educational services for their children’s special needs at the Santa Monica/Malibu Unified School District Board of Education meeting, April 3.
All the angst was about district policy requiring settlement agreements and confidentiality clauses when special education students receive services — a policy instituted four years ago by Deputy superintendent Tim Walker under former Superintendent John Deasy. Over the last three years 140 agreements have been established.
Settlement agreements are initiated when there’s an impasse in negotiations with parents about their special needs student’s programs. Many special education parents said they felt coerced to sign agreements “out of fear” to get services for their children despite not agreeing with terms or nondisclosure clauses.
The “gag orders” became an issue when the former district chief business officer, Winston Braham, was unable to discuss district financial issues and his “resignation” at a City Council meeting because of a confidentiality agreement similar to those required of special ed parents. Angered, the council voted to withhold a $530,000 increase in its $6.7-million SMMUSD Master Facilities Use Agreement pending the district’s hiring of an independent consultant to review its settlement agreements and confidentiality practices.
Fast forward to April 3. Consultant Lou Barber and Associates’ report on the district’s special education program was presented to the board. It was especially critical of the agreements. Barber said that although legal, they weren’t often used in other school districts and weren’t good practice. He told the board, “Children are not getting the services they should be getting under the program.”
The report suggested that parents, teachers and staff work closer together to deliver the support and services these students need and that everyone be more personally involved in the process. Parents and school supporters alike concurred that the climate of secrecy, fear and distrust resulting from years of mishandling parents and special needs students was actually inhibiting student progress.
School board members Maria Leon- Vazquez, Jose Escarce and Kelly Pye essentially responded to the harrowing news by deferring to the superintendent to deal with it. Ralph Mechur kept asking “what can we do to solve problems” but suggested nothing. Kathy Wisnicki opined that these were issues the board needed to take control of. And, Barry Snell questioned Barber’s staff about money — especially after finding out the settlements that were supposed to save money were actually costing the district more.
Only the board president, Oscar de la Torre, suggested the district discontinue entering into negotiated settlement agreements with parents of special ed children. Noting that agreements were a failure and didn’t reduces costs, he said, “That must change.”
He insisted that a change in the “contentious dynamic between school district and the community” was essential and that parents needed to be empowered. He suggested an orientation process for special ed parents “so (they) can come together” and an impartial district ombudsman to work with parents to resolve issues.
Noting Barber’s report was not ordered by the school board but at the insistence of the Santa Monica City Council, de la Torre took responsibility for “not pressing harder when parents came forward with complaints.” And, he was angered that the gag orders were still being implemented after the board unanimously agreed on their moratorium. He urged an end to conflict and the “lack of respect” for parents and the community. It was de la Torre’s finest hour.
But de la Torre was alone. This is still a school board that still fails to recognize, let alone provide leadership, and to act on controversial policies — and one that has consistently failed to properly exercise prudence over district finances. Aside from de la Torre, is anyone on duty let alone awake?
Despite ongoing issues about Walker’s roll in the agreements, his contract was on the school board’s “closed session” agenda April 3. This prompted one frustrated school supporter to e-mail me, “The story (refer-ring to a letter to the editor from Frank Patterson in the SMDP, April 2, 2008, Page 4) about board members trying to extend Tim Walker’s contract for four years in a secret session just before the special ed report appears to be very accurate from all the conversations I’ve had. That kind of behind the scenes attempt to avoid public input and review is really creepy to me given what’s at stake in terms of funding.”
School Superintendent Diane Talarico is scheduled to return to the board April 17 with a preliminary plan of action. Meanwhile, perhaps a trip to Oz is in order because this dysfunctional school board needs to find some courage, heart and brains. I’m not holding my breath.
Originally published in the Santa Monica Daily Press print edition on April 14, 2008. Read the original PDF.