On October 7, 2009, the California Department of Education (CDE) held a large conference at taxpayer expense. The real agenda: How to keep special needs children from getting the instruction and services that they need while giving the impression their needs are being met. The CDE was very careful to keep this conference away from the public eye and to only invite school district personnel from around the state. The formal title of the conference was called "A National Update of Case law 2008 to the present under the IDEA and Section 504/ADA". The keynote speaker was Perry Zirkel, a university professor of education and law at Lehigh University in Bethlehem Pennsylvania. Mr Zirkel is a notoriously well known pro-district/anti-parent speaker. He charges $3000 per lecture plus expenses. Of course his fees paled in comparison with all the money being spent on all the school personnel who came from all over the state to hear him speak. At one point during the presentation, one administrator asked what he should do about a parent who was requesting a service that the district did not offer, Mr Zirkel, told the inquirer, "Just sue the parents". Fortunately, one parent did manage to slip through the cracks. This parent was horrified to see the collusion between the state and districts joining together against the very citizens who pay for theses services? In fact, when another conference goer found out this parent was present, the response was "What are YOU doing here?! Who let you in? "
The public face of the CDE presents a quite different impression. Here is the official CDE web page called
Family Involvement & Partnerships where they present "resources and support for parents, guardians and families of children with disabilities. There are directions on how to file a compliance complaint. Compliance complaints are supposed to be a zero cost way for a parent to get a recalcitrant district to obey the law or implement an IEP (Individualized Education Plan) as it was properly designed. Compliance complaints are also supposed to get districts to live up to previously agreed upon settlements or court orders. In recent years, the CDE was sued for over a million dollars for not forcing a district to comply with a court order. In spite of this, the CDE 's performance has been spotty at best when servicing parents complaint. It is rare for parent to win a complaint of the first round. Generally the CDE investigator simply calls the district in question, the district says the parent is wrong and the complaint is closed. The parent must then resubmit the complaint and insist the investigator actually READ the supporting documents the parent included earlier. At this point, the CDE may side with the parent and then the parent can only hope they get a compensatory award and the the school will actually comply.
The CDE is not the only one flush with education dollars to spend on Mr Zirkel's seminars. Marin County SELPA recently spent $4.2 thousand for one day of Mr Zirkel's seminar. San Benito County SELPA is planning to invite Mr Zirkel to give a seminar in the near future.
Why must school districts have clandestine seminars to plot against the very children/families/taxpayers who PAY the state and schools to serve them? Why don't districts supply professional development to give teacher the skills they need to educate children (such as quality
reading instruction for dyslexics) so no litigation will even happen? Why not actually work FOR the
CHILDREN instead of plotting how to "legally" cheat them? Unfortunately, this type of thinking is very common among legal staff who work for school districts. It is their bread and butter. For example, there was a famous court decision issued about how a special education child does not deserved a Cadillac, when a Chevy will suffice. However, as one school lawyer said (while his hand is dipping into the taxpayer till) , "Forget the Chevy, we only need to give them a wheel!"
Comments
Looks like this guy gets around a lot, including our SELPA in Santa Clara County. His CV and speaking engagements posted on the web show he is quite prolifigate. Sad our taxpayer $$ are being wasted like this.
It's discouraging when school districts are so pressured to reduce costs that they spend what little money they have on preventing all children from succeeding. It's fortunate that we have committed parents and writers like Robin working to expose this kind of educational malpractice and to advocate for our kids.
Another prime example...The people of Cuyahoga County Ohio were duped by big business because of issue six. Now funding will go to build things instead of help out schools and why all because the Plain Dealer and other media sources were afraid to tell the truth prior to the election since they were in the corrupt pockets of those who put the issue on the ballot. There were no educators involved in this and it means yet more money ill be pulled away from school districts already struggling in a state that cant get things right.
We do not want another "Porter" case and yet the state is bucking for one. No-one likes a two-faced person or organization. This seems to say they really have only one and it is time that someone call it for what it is. Thank you, Robin.
I just really don't know what to say after reading this! It's hard as the parent of a special needs student, to trust those who are supposed to be our partners in helping our kids. Most of the people we've dealt with have been very helpful, but there are just too many credible stories of parents having to fight for what should be given to their kids freely. I've subscribed, and look forward to reading more from you.
It doesn't matter how much this is uncovered. Until school employees have to serve prison time and/or pay fines for violating FEDERAL law IDEA like the rest of the world, this will continue. It's so sad and furious that MOST parents don't know what they are paying these sorry educators for.
nfortunately, this happes readily in my part of the world. (STEPHENS COUNTY, TOCCOA, GEORGIA). My son has an IEP, we have lived in this county for just over a year now and we transferred from one GA county to another. During this time, my son was diagnosed with an immunodeficiency and required all his therapies be provided in the home environment. (Being around sick kids put him on death row.) The Special Ed department has scoffed me and basically ignored that my son even exists saying that they have no one to provide in home services. They refuse to put him on homebound services, despite doctor's letters and they say I have to bring him to the school or other public place of their choosing (against medical advice). We finally retained a lawyer, who is fighting for my son. This case could go on for years and all his critical windows have closed already. Either way, he has been left without services.With his severe apraxia, he may never talk intelligibly now. Either way,the child loses.
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