Imagine you have lost your house in a tragic fire. On coming back to salvage any possessions, you find a summons from the school district taped on your charred front door right next to the "condemned" sign.
Well that is exactly what happened to the Woo* family in Laguna Beach school district. Jana and Jeff Woo have 3 school age children, Pete and Suzy have learning disabilities and Jason (age 12) has high functioning autism along with learning disabilities.
Jason spent several years in a Special Day Class (SDC) that had resulted in a lot of emotional damage. Jana advocated to have him put in the regular classroom with his non-disabled peers as required by Federal law. Federal law requires that disabled children shall be educated with non-disabled peers to the maximum extent possible. Jason was returned to the regular classroom with his peers and is doing very well. However, at the last IEP (Individual Education Plan) meeting, the district insisted that they want to put Jason back in the same self contained classroom that caused him so much anxiety. Jana and Jeff refused to sign the IEP. Unless the parents consent to the change in placement, the school district cannot switch Jason's placement without filing for due process. So that is what the Laguna Beach School District decided to do.
Tragically, the Woo's had a severe house fire last week and the school district decided to file against Jason Woo the next day. The Woo's came back to their house trying to salvage any belongings that might have survived the fire. There, taped to the door, next to the condemned sign, was the summons from the school district lawyer.
Currently, the Woo's have managed to uncover some of Jason's assessments and case files. They took them to a storage facility to be restored as much as possible and dried out. Their computers, which contained a lot of evidence on the hard drives, may not be recoverable. They are waiting to see what will be salvaged.
After Jana got the summons, she called the special education director and explained the situation. The special education director said she would be willing to work with the Woo family. Jane then called the Office of Administrative Hearings (OAH) to ask about getting a continuance. OAH told Jana that the easiest way to accomplish this would be to have the "school sign off on a continuance". Jana spent 2 days stalking the suddenly elusive Special Education director for a signature to no avail. Finally, Jana got an email from the Special Education director stating that the district was NOT willing to agree to a continuance and Jana would have to pursue a continuance on her own. Also Jana would have to show "good cause". Since when is having your house burn down, losing your possessions and being homeless not "good cause"?
Jana tried getting help from the Superintendent. The Special Education director's secretary told Jana the Superintendent knew nothing about this.
Fortunately, the Woo's have homeowners insurance. Unfortunately, all their money is all tied up in trying to put back their lives together and cannot afford to hire an attorney.
The fire has been hard on Jason. He lost everything he had, except a box of Lego's. Autistic children have huge problems in dealing with changes and the fire has been devastating for him. Now the school wants to put him back into a classroom that caused him great emotional damage.
Ironically, Jason's IEP is due in May. The Laguna Beach School District should be worrying about putting together a place for next year and not trying to change his placement for the remainder of the current year which is rapidly drawing to a close!
Now Jason's fate rests in the hands of the impersonal Office of Administrative Hearing (they rule against parents about 90% of the time), the cold heart of the Laguna Beach School District and the pricey legal firm of Rutan and Tucker. Rutan and Tucker have 31 total partners named "Super Lawyers of Southern California".
Which highly compensated "super lawyer" will be taking on the homeless autistic child with his only box of Lego's?
Ironically, on March 28, 2008, the Laguna Beach Independent printed a feel good piece about how well Laguna Beach treats their high functioning autistic students.
In fact, the article states the following:
"Assistant Superintendent Nancy Hubbell, and a former director of SELPA, said that the district's goals and objectives have always been "to serve our kids in our community."
"For that reason, Hubbell said, any disputes between parents and the district about an appropriate IEP for their child have been resolved without litigation, a claim reflected in a check of court filings. It's a position many public school districts cannot afford, finding themselves embroiled in legal battles over "appropriate education" for autistic children."
Note to Ms Hubbell... Can this school district only afford to fight or intimidate families that can't fight back?
Note to tax payers... Court filings do not represent those cases that are settled thru intimidation or mutual consent. Many parents, who are filed against, get scared and fold like a house of cards because they can not afford to fight back, much to the detriment of the children.
Schools don't have to fight fair under current laws. When a parent files due process against the school, they MUST meet with the district to make an attempt to settle the case. When the schools file against parents, they are NOT required to meet with the parents to work out a settlement prior to due process. Even if a parent goes to due process and wins, the school district is not required to reimburse them for their professionals (such as psychologist or a therapist) time to testify!
I wonder if this is how the taxpayers of Laguna Hills want their tax dollars spent?
* Names of the family have been changed.
Comments
I sent a comment to Ms. Hubbell. I hope it helps! I am saying prayers for the "Woo" family. God Bless!
I hope there is an attorney out there to help this family; I doubt there should even be a due process hearing being I don't see anything written about the reevaluation report that must happen first!
More taxpayer money spent to justify not providing a free appropriate public education. For the amount of the legal fees, they could have provided what this child needs. Idiots.
If President Obama wants something to look into re schools, special ed would be a rude awakening for him.
There is one answer for this: homeschooling.
It's great when parents stay in the system and try to fight it, and I understand that most families feel that they can't homeschool due to work schedules. However, constantly fighting this type of issue takes up far more time and energy than homeschooing does.
The biggest problems is that unfortunately the school districts have the privilege of using our own tax money to hire lawyers to use against us. That's why it's hard to win fights against them.
I hope these idiots get what's coming to them. But as with special ed in public schools in the rest of the USA, nothing will happen to them and the child will continue to suffer.
I will say time and time again that until public schools have to follow FEDERAL laws like the rest of us, and pay fines and/or go to prison for violating FEDERAL laws, this kind of outrageousness will continue.
Most parents don't know that their tax dollars are being used by schools to fight special ed children instead of helping them.
There will be a special place in #()# for them.
I personally know this family and what the school district is doing to this child is horrible. This child spent k-4th as much as 100% of his time in a special education classroom. By 4th grade this child wanted out of that classroom and emotionally he was a wreck. Thank goodness for a therapist and parents who support this child and after a year of fighting finally convinced the school to let him try mainstream. The difference afterwards was dramatic he recovered from most autistic behaviors developed friendships and progressed 2 1/2 grade levels in reading. This school is using bulling tactics against a boy who will tell you he just wants to go to school and be a normal kid. He is a boy with no home, lost all his belongings and can't have his beloved dog with him who has a calming effect on him. He loves computers and making videos, but his computer is now gone except for a laptop that is not capable of editing
videos. Why would this school even think of trying to change his schedule in light of all he has been through?
calif. has cyber-schools to enroll in.
This is appalling! My heart goes out to this family.
No surprise that this happened in California's most conservative county, the icy heart of "you're on your own" libertarianism.
Wow talking about kicking a family when they are down. My blessings goes out to this family.
are there any newspapers that would run your web page? that is just horrible. What a truly sad situation.
It's sad when the school uses our tax dollars to fight against a little boy, instead of using our dollars to do what is right. It is happening all over this country, fighting the families instead of doing the right thing. Time for these the mentality of these school folks and administrators to change and for them to teach the teacher HOW to teach LD kids. What they are doing is sinful!
The ACLU brought a recent lawsuit against the city of Laguna Beach for their treatment of homeless people. In light of that lawsuit, the school must be crazy for pursuing this court case against a child who is considered homeless at the moment.
This is outrageous. But, that is what these districts do to get their way. I think parents should fight back. It sucks that they have to drag parents into court to throw their children back in these special ed classrooms that don't help them. They don't get kids to excel or even to progress they are like well paid babysitters. I think this school district should be investigated for these bullying tactics.
Also cyber-schooling kids on the spectrum is an awesome alternative. The district still has to pay for your child's education and trust me as an experienced cyber-schooler with 2 children on the spectrum it is awesome. I have had nothing but positive experience with it. The kids also get a better amount of therapy and resources then there big districts will ever give them. e-mail me if you want to learn more acm1mommy@aol.com
This is more like storytelling than journalism. I caught myself getting tied-up in this persuasion at first. It's sad that others are obviously so hungry for someone to hate. I guess the message of Sir HopeAndChange hasn't penetrated this readership.
Ha! I guess the school knows about this article Judging from the comment below by "appaled". My guess is "appaled" is either a school board member or an administer of the school.
'Appaled' is very cold. HAS to be a school employee. What if this happened to YOU?!?!
Appaled was presumably educated in a Special Day class in this district and, consequently, never learned to spell appalled.
Many educators just don't get it. Smart ones differentiate effectively within the regular class.
School districts go to great lengths to going after families of special needs kids. This article does not surprise me at all - sounds very standard sadly.
Tax payers should ask how much districts spend on tax funded attorneys to fight families with special needs kids. This answer is what would scare most readers.
To the Woo family - sorry about your house and circumstances.
In an economy where so many teachers are getting laid off and schools have had to drastically cut budgets, I find it appalling LBUSD would hire a high priced law firm over this issue. I also find it appalling Rutan and Tucker would go along with this lawsuit and not advise against it. They must not have any regards to the kind of cases they will take and now classified themselves to the like of "ambulance chasers" that will do anything for a buck. Even if it means unjust treatment of a 12 year old boy. Makes me wonder how any of these people sleep at night.
Do you have a follow up on this story? I hope the family was able to get some help in both situations.
Schools should not have so much power over parents. This is an important case because it shows what lengths a school will go to discriminate against a child with autism. I hope the parents have been able to retain an attorney and take this case all the way up to the supreme court. I would also hope that each board member and Ms. Hubbell be held personally liable.
It must be cheaper for the school to place this kid in a special education classroom or maybe they are trying to hide the test scores. Though when you add up the cost of the school filing due process and now responsible for "proving" their case, Laguna will spend thousands of dollars. Laguna has the burden of proof and will have to "pay" for expert witnesses. It is clear to me the school has taken advantage of the fact this family suffered a major tragedy and most likely not be able to prepare for this costly trial.
Robin, keep up the good work! Please follow up and let us know the eventual resolution. I wonder what the universities are teaching our future school admins-- so many of them in special ed are so heartless. Thanks for your reporting!
I too would like to know if there is any new information on this case. Did the parents get an attorney? a continuation? When is the court date set and will it be open to the public for I would like to attend since I live in this school district. I am beginning to think this school district only caters to those living in McMansions. I looked at the star testing results and the sub groups have much much lower scores especially those with disabilities.
Update: The Woo family has recieved several offers of pro-bono representation. Hopefully, I will be able to write a happy ending to this story in the furture!
Robin, thanks for the update.. It is nice to know there are attorneys out there willing and wanting to help this child. Please keep us updated!!
Hospitals are notorious for abusing and neglecting autistic patients. Go to you tube and type in "Autistic Adult in Crisis Goes Unnoticed" and "How to Better Treat Autistic Patients". It's simply outrageous and horrifying to see such disregard for their safety and care. Just disgusting. Lawsuits should focus on all hospitals being able to provide medical staff that can handle autistic patients and establish contracts with local nursing agencies who can send in special nurses (who work with autistic patients ) for patients with unique needs.
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