| Now, I am all for special education for children with | | | | they get that far. In 2005, ten percent of the |
| disabilities. I attended school at a time when such | | | | California schools' cases went to a full hearing - 386 in |
| children were either put into "special" schools or | | | | all. The remaining 90 percent were resolved through |
| thrown in with the general student population to sink | | | | confidential settlements. With 700,000 special needs |
| or swim on their own. It was a terrible inequity. It | | | | students currently in the California schools and |
| finally was addressed in the 1970s with a law | | | | already paying hundreds of thousands of dollars each |
| designed to correct such discrimination by giving | | | | year for private placements, the school system is |
| these children the civil right to an equal opportunity to | | | | headed for a financial crisis. |
| learn. The law covered children from birth to age 22, | | | | In 2004, the California schools received $4.1 billion for |
| guaranteeing them the right to a free and | | | | special education from the government and local |
| "appropriate" public education. It is the ambiguous | | | | sources. It was still not enough to pay these extra |
| word "appropriate" written into the law that is | | | | settlement costs, and the California schools had to |
| creating a crisis for the California schools, according | | | | take $1.6 billion from the regular class budget. |
| to Nanette Asimov, staff writer for the San | | | | Twenty-eight percent of the special education |
| Francisco Chronicle. | | | | expenditures that year came from the regular |
| The article cited a situation of one California schools | | | | education budget. |
| child with a disability. The assigned public middle school | | | | California schools educators complain that parents |
| offered special college prep classes, daily help from a | | | | who are able to afford an attorney are assured |
| special education expert, a laptop computer, extra | | | | more opportunities for their children than those who |
| time for tests, the opportunity to temporarily leave | | | | cannot afford to do so, creating an inequity between |
| class if the child's had an anxiety attack, and a special | | | | the haves and have-nots. Additionally, special |
| advocate to smooth over any problems with | | | | education teachers see benefits to special programs, |
| teachers. | | | | such as horseback riding therapy, but acknowledge |
| The parents hired a special consultant instead, who | | | | that such parent demands are not education related. |
| found alternative schooling opportunities - all were | | | | California schools parents and educators are at odds. |
| private schools and all were out-of-state. They | | | | Parents are making tuition payment demands of the |
| settled on a boarding school in Maine, outside the | | | | California schools for such programs as private day |
| main city, that had one-tenth of the enrollment of | | | | schools, boarding schools, summer camps, horseback |
| the California schools. The one thing this school did | | | | riding therapy, and aqua therapy. Additionally, the |
| not offer was a special education program. The | | | | California schools are expected to pay for |
| mother said that smaller classrooms and a smaller | | | | computers, airfare, car rental, hotel stays, meals, new |
| campus were more important than a special | | | | clothing and tailoring for the children, cell phone calls, |
| education program. Since the possibility of anxiety | | | | stamps, gas and tolls, and future round-trip visits |
| attacks was mentioned in the article, no one can | | | | from time of enrollment until the children graduate |
| truly judge the merit of this situation except the | | | | from high school. |
| child's physician and/or psychologist. | | | | In all, the California schools are paying billions of dollars |
| After the child was placed into the private school, | | | | each year for private placements and auxiliary costs. |
| the parents then hired an attorney, who specializes in | | | | It is creating an inequity for children the civil rights |
| special education cases, to file papers with the court | | | | law was passed to protect and a financial crisis for |
| demanding the California schools pay four years of | | | | the California schools. |
| tuition and family travel costs between California and | | | | I have to admit that I wanted every opportunity |
| Maine. Tuition was $30,000 annually. The California | | | | possible for my child to live a happy and normal adult |
| schools met the demands. | | | | life. I had a special needs child and spent many hours |
| This is only one such case in the California schools, | | | | sitting in principals' offices and at the school board |
| which may or may not have been justified. The | | | | demanding that his needs be met. I was thankful that |
| problem is that it is not the only case. In 2005, there | | | | he received access to the available offerings within |
| were 3,763 California schools children with disabilities | | | | the public school system. |
| that were the focus of formal complaints - the vast | | | | In my view, however, it is not a question of right or |
| majority of which came from parents. This is triple | | | | wrong, justified expenditure or not. It is a question of |
| the number of only ten years ago, and the numbers | | | | the legislators going back and specifically defining the |
| are growing. | | | | word "appropriate". Until then, the California schools |
| With a cost of almost $40,000 to go to a court | | | | are borrowing from Peter to pay Paul, which means |
| hearing and the possibility of an expensive judgment, | | | | less opportunities all the way around. |
| the California schools attempt to settle cases before | | | | |