School officials hope to move forward
CITY HALL Her voice at times shaking yet sure, Superintendent Dianne Talarico on Thursday publicly apologized to parents and students who have been hurt by the policies and practices in the special education department, taking full responsibility for the district’s current predicament.
The words of regret came two weeks after the release of an independent assessment on the finances and policies that fuel what has become a controversial special education department within the Santa Monica- Malibu Unified School District,plagued over the past year by accusations of so-called secret deals and a culture of hostility.
The superintendent returned to the Board of Education on Thursday night with a draft response to the audit, containing within it a series of preliminary action steps that includes using settlement agreements only as a last resort.
But before she presented her recommendations, Talarico prefaced the presentation with a formal apology, hoping the meeting would serve as the first step toward a healing process for the community and the school district.
“I want to acknowledge that we are not perfect, I want to acknowledge that problems do exist in our school district,” Talarico said. “What is most apparent and what has become abundantly clear is we must look forward and that we pledge to enter a healing phase in our community.”
The district’s top official also stressed that changes will need the cooperation from both school officials and the community.
“To the community, I ask for your help because … we cannot do this critical work alone,” Talarico said. “We believe that by throwing the first pebble into a healing pond, we will observe a ripple effect throughout the community.”
Her statement was followed by a chorus of apologies by members of the school later in the evening, expressing regret, some calling it one of the most challenging issues that the school district has faced in nearly a decade.
The source of contention centers around the settlement agreements and confidentiality clauses, which some parents have entered into after an impasse is reached during the negotiations for the Individualized Education Plans, which outline services that their children receive during the school year.
Many of these parents have alleged a culture of secrecy and hostility surrounding the IEP process, some claiming they felt coerced into signing a settlement agreement, unsure of what they were agreeing on. The issue came to a head last summer when the City Council threatened to withhold $530,000 in funding unless the board impose a moratorium on the confidentiality clause until an independent review was concluded.
The board did place a moratorium in July but several settlement agreements with confidentiality clauses had been executed since then.
The council is expected to discuss the findings of the report at its meeting on Tuesday to determine whether the district has met the conditions placed on them.
Barber’s report basically said that while settlement agreements and confidentiality clauses were legal, there was an alarming amount of such agreements entered into in the past three years — more than 140. The report did note that while there were concerns with the settlement agreements, the special education department did do a good job of providing quality services to the students with a rich staff.
Talarico outlined the draft response in five key areas, including creating a culture of inclusion, promoting collaboration and professional development, conducting a regular review of the special education programs, modifying existing practices and better financial management.
Among possible future actions include reorganizing and decentralizing the central office, placing more power at the school sites, providing more training for personnel about special education laws and appointing a task force that will review professional development needs.
Talarico is also proposing that she be responsible for signing off on all settlement agreements.
“It is the district’s goal to create a culture in which special education is an integral part of the overall educational system,” Talarico said.“Students with disabilities are welcomed, supported and fully included in the district’s programs and all parents and staff are treated with civility and respect.”
As in previous meetings concerning special education, the sequel on Thursday was filled with emotional testimonies by parents who accused the district of bullying and urged that changes be made immediately.
Claudia Landis asked the board include the services in the settlement agreements into the IEP, which was a recommendation made by the consultant. By signing a settlement agreement, parents are signing away the rights of their children, one of which is the right for the child to have an accurate and intact educational record, she said.
“My child’s IEP is in shreds,” she said. “The student ID number, the Social Security Number, and the address are all wrong, plus it is half blank.”
Many parents spoke in favor of the district hiring an ombudsman to represent the parents in negotiations, a recommendation made by Barber. Those sentiments were echoed by the board.
The parents received words of support from the PTA Council whose president, Rebecca Kennerly, read a formally-adopted statement in which she talks about the organization providing more support for special education parents, perhaps forming a subcommittee, much like PTAs in other communities.
She acknowledges her “passivity” in the issue, accepting the party line and her own role, as well as others, in fueling the culture by looking the other way.
“To the special ed parents in our district, I would like to say don’t trust us,” she said. “PTA Council has not been a good friend or advocate for you in the past.”
“Don’t trust me or any of us simply on our words, judge us by our actions,” Kennerly added. “When you see general ed parents inviting special ed kids home to play, when you see middle school students invite special needs classmates to eat lunch with them … then maybe we have started to earn your trust.”
The problem could be attributed to a law that creates a scenario in which there is conflict, according to Christopher Knauf, an attorney who has represented the district on several occasions.
Knauf said he has tremendous respect for the staff in special education and added that strides have been made in the past five years.
“It was here five years ago under the previous special ed regime where really special education was spiraling out of control,” Knauf said.
At least one council member made an appearance at the meeting, one who was a former special education student himself.
Councilmember Bob Holbrook told his own struggles, growing up with a speech impediment and struggles with math and reading comprehension until he got the help he needed.
Holbrook went on to attend Santa Monica College and USC.
“We just got to help these people and their children and make it a top priority in the district,” he said.
The board gave a directive to Talarico to look into different options to incorporating the settlement agreement into the IEP. The superintendent was also given strict orders that the temporary moratorium on confidentiality clauses be adhered to and if a parent wants a settlement agreement with a confidentiality clause, it be put into writing that the request came from them.
All confidentiality clauses must also be approved by Talarico.
The board also expressed a need for an ombudsman and training for new parents on special education law.
Several school board members appeared reluctant to impose a ban on settlement agreements in the district, noting that the legal consultant on the independent audit had said in some cases the agreements could be warranted.
One board member also hinted at a change in personnel being part of the solution.
School board member Maria Leon-Vazquez mentioned a situation at Santa Monica High School a few years ago when there was some on campus conflict between students and nothing had been done by the leadership to resolve the issue.
“The situation had not calmed down until the leadership moved,” she said. “Since then we have not heard anything in terms of the unsettling situation.
“We’re in that same situation in here I think in special ed,” she said. “We’re in an impasse.”
Leon-Vazquez added that the school site teachers and special education staff need to be empowered.
Board member Kathy Wisnicki said she hoped that the public would not lose sight of the successes made through the IEP. She mentioned a letter the board received from 25 principals that they felt empowered and supported by district staff.
“I don’t want us to forget the good things happening also,” Wisnicki said.
Originally published in the Santa Monica Daily Press print edition on April 19, 2008. Read the original PDF.