Special Education Needs Causing Financial Crisis in California Schools

Now, I am all for special education for children withthey get that far. In 2005, ten percent of the
disabilities. I attended school at a time when suchCalifornia schools' cases went to a full hearing - 386 in
children were either put into "special" schools orall. The remaining 90 percent were resolved through
thrown in with the general student population to sinkconfidential settlements. With 700,000 special needs
or swim on their own. It was a terrible inequity. Itstudents currently in the California schools and
finally was addressed in the 1970s with a lawalready paying hundreds of thousands of dollars each
designed to correct such discrimination by givingyear for private placements, the school system is
these children the civil right to an equal opportunity toheaded 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 andspecial education from the government and local
"appropriate" public education. It is the ambiguoussources. It was still not enough to pay these extra
word "appropriate" written into the law that issettlement costs, and the California schools had to
creating a crisis for the California schools, accordingtake $1.6 billion from the regular class budget.
to Nanette Asimov, staff writer for the SanTwenty-eight percent of the special education
Francisco Chronicle.expenditures that year came from the regular
The article cited a situation of one California schoolseducation budget.
child with a disability. The assigned public middle schoolCalifornia schools educators complain that parents
offered special college prep classes, daily help from awho are able to afford an attorney are assured
special education expert, a laptop computer, extramore opportunities for their children than those who
time for tests, the opportunity to temporarily leavecannot afford to do so, creating an inequity between
class if the child's had an anxiety attack, and a specialthe haves and have-nots. Additionally, special
advocate to smooth over any problems witheducation teachers see benefits to special programs,
teachers.such as horseback riding therapy, but acknowledge
The parents hired a special consultant instead, whothat such parent demands are not education related.
found alternative schooling opportunities - all wereCalifornia schools parents and educators are at odds.
private schools and all were out-of-state. TheyParents are making tuition payment demands of the
settled on a boarding school in Maine, outside theCalifornia schools for such programs as private day
main city, that had one-tenth of the enrollment ofschools, boarding schools, summer camps, horseback
the California schools. The one thing this school didriding therapy, and aqua therapy. Additionally, the
not offer was a special education program. TheCalifornia schools are expected to pay for
mother said that smaller classrooms and a smallercomputers, airfare, car rental, hotel stays, meals, new
campus were more important than a specialclothing and tailoring for the children, cell phone calls,
education program. Since the possibility of anxietystamps, gas and tolls, and future round-trip visits
attacks was mentioned in the article, no one canfrom time of enrollment until the children graduate
truly judge the merit of this situation except thefrom 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 inIt is creating an inequity for children the civil rights
special education cases, to file papers with the courtlaw was passed to protect and a financial crisis for
demanding the California schools pay four years ofthe California schools.
tuition and family travel costs between California andI have to admit that I wanted every opportunity
Maine. Tuition was $30,000 annually. The Californiapossible 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. Thedemanding that his needs be met. I was thankful that
problem is that it is not the only case. In 2005, therehe received access to the available offerings within
were 3,763 California schools children with disabilitiesthe public school system.
that were the focus of formal complaints - the vastIn my view, however, it is not a question of right or
majority of which came from parents. This is triplewrong, justified expenditure or not. It is a question of
the number of only ten years ago, and the numbersthe 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 courtare 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