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By Olin Ericksen
Staff Writer
May 31 -- The confidentiality agreements the School
District allegedly forces the parents of special education
students to sign are unusual and could jeopardize the district’s
“integrity,” the State official who oversees special
education issues in the region told The Lookout Wednesday.
The comments came during an interview one week after special
education parents complained to the Santa Monica City Council
about “secret deals” that feature “gag orders”
in exchange for extra District services for students with
special needs. (see
story)
"I haven't seen many (districts) that do that,"
said Ralph Scott, manager of the focus monitoring and technical
assistance unit in Southern California, an arm of the California
Department of Education. "I haven't seen it widely used."
Scott, however, said the State does not track such agreements.
Although confidentiality agreements are legal, the District
may pay a price for such a policy, said Scott, whose unit
oversees special education issues in Southern California.
"What they are doing is losing a lot of integrity,"
he said.
Scott’s comments seem to contradict testimony given
at last Thursday's City Council meeting by School Board President
Kathy Wisnicki, who told the council that similar confidentiality
agreements were used by “many” districts.
"We try to resolve disputes at the District level so
that we don't set ourselves up to be in an adversarial position,"
she said. "We are following a practice that is followed
in many other districts."
According to Scott, his office is reviewing a complaint about
the confidentiality agreements filed by the parent of a student
enrolled in the District’s special education program.
State officials must review any complaints filed by parents
to assure their children receive fair treatment and access
to education, Scott said.
"We had a parent call us about it," he said. "If
a parent files a complaint with the State, we are required
to look into it."
As for their legal status, the agreements appear to abide
by the letter of the law, although Federal statutes that govern
the complaint and mediation process for children enrolled
in special education are silent on confidentiality clauses,
Scott said.
"They can legally do it," he said.
California law requires parents with children enrolled in
special education programs to go through an informal, and,
then later, formal mediation process to resolve disputes with
any district, Scott said.
Confidentiality clauses have become an issue as the council
prepares to vote on additional funding for local schools.
City Council members Bob Holbrook, Herb Katz and Bobby Shriver
last week successfully blocked a school funding increase of
$530,000 and have said they will not release the much-needed
funds unless District officials make changes to the policy
governing such agreements.
Calls made to the School District superintendent's office
were not returned.
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