School district grapples with special education
Policies have been a good IDEA, although some parents disagree
By Stephanie Bertholdo bertholdo@theacorn.com

Photo courtesy Alexandra Shimek GO-GETTER- Teddy Shimek, 8, attends Sumac Elementary School in Agoura Hills and had a brain operation at the age of 4 to control severe seizures from cerebral palsy. Teacher Kristen Hershman has helped Teddy's development by assembling a team of experts in the field of speech therapy, behaviorial services and adaptive physical education.

Between the federal guarantee of "free and appropriate public education" for all children- including those with special needs- and the limited capacity of school budgets to pay for the special education, lies a battleground.

The federal Individuals with Disabilities Act (IDEA) guarantees equal educational opportunity for all children. But meeting the demands of special education children in public schools isn't an easy task, and the struggle to make all sides happy has created a rift among parents, administrators and attorneys.

Parents were given a better understanding of how IDEA works and how they can access the special education services in public schools at a recent seminar hosted by the Sherman Oaks law firm of Newman, Aaronson & Vanaman.

Valerie Vanaman, a partner at the firm, was the keynote speaker at the May 17 event at the Agoura Hills/Calabasas Community Center. Talk centered on the Individualized Educational Plan (IEP), which outlines those services necessary to educate a special needs child. The disabilities children exhibit can include attention deficit disorder, autism and everything in between.

Obtaining services for children with special needs is a process parents must navigate with persistence, patience, aplomb- and sometimes a trip to court.

For families of children diagnosed with autism, the fight is acutely heart wrenching and can be highly expensive. A trip to court is often the last resort for parents who believe their child has been shortchanged in the classroom, but that doesn't mean they've forgotten their legal rights. Last year, the Las Virgenes Unified School District spent close to $1 million in court fighting special education cases. Critics charged the taxpayer money could have been put to better use in the classroom.

"It's not about giving (parents) what they want," said Donald Zimring, the school district's deputy superintendent. "The law is about public schools providing 'free and appropriate education.' The district would be paying far more if we gave everything parents asked for."

The legal costs are in check, Zimring said. Three years ago, the district went to court over 25 special ed cases. Today the count is at seven.

Coming up with a plan

Defining what services a special needs child should receive in public school has become a tricky business. The gap between the education a parent expects for their child and the education public schools can realistically provide is like comparing a "Cadillac" to a "Chevrolet," some educators say. Parents say they aren't asking for a Cadillac education, but an appropriate education.

"Appropriate is where it gets complicated," says Terilyn Finders, president of the Las Virgenes Unified School District Board of Education.

The IEP is the single most important document for a student with special needs and Vanaman said appropriate educational goals must be detailed in the plan.

The difficulty lies in identifying those details. Short- and long-term goals must be outlined in the IEP, as well as extracurricular and nonacademic services that would place the child on par with typical students- a mandate under IDEA.

"You're talking about the whole child," Vanaman said.

The IEP can help close the divide between what parents consider appropriate in the way of special education and what the district deems necessary. The document is developed by a study team that includes the child's teachers, therapists, doctors, administrators- and parents.

"Parents must be diligent when preparing an IEP to get the services which (they) are entitled," Vanaman said. "The federal and state law may afford a plethora of services . . . but if a parent doesn't have a detailed IEP written, beware- services will be denied."

To determine whether services are appropriate, Vanaman recommends putting all requests, concerns or questions in writing. If a parent plans to obtain an outside assessment for their child, a letter outlining their intent should be written and sent before the appointment. Sometimes outside assessments are reimbursable, Vanaman said.

Vanaman pointed out that parents have the right to request weekly logs from speech or occupational therapists- or anyone providing a service to the student- to make sure the child is receiving proper attention. Teachers and other service providers should also provide weekly progress reports.

Developing an appropriate IEP takes time and patience. An IEP meeting for a child with autism can run three or more hours. But taking the time and effort to create a solid, working IEP document allows parents to access the full range of services available. Early identification and assessment is required under the law.

Whether or not an IEP works is a subjective call. Even small victories can be significant. While some parents wait for their child to speak one word, others declare victory if their child's temper tantrums subside. Educating a special needs child is not an exact science.

The long, hard fight

The services outlined under IDEA are vast. The list includes rehabilitation, occupational therapy, social work services, therapeutic recreation, modes of transportation, physical therapy, counseling for students and parents, and many other services. The help also includes what's known as assistive technology- equipment that helps a child with disabilities to maintain, improve or increase their capabilities.

Assistive technology is often denied to students, Vanaman said. One parent, who requested her name not be used in this article, said her autistic child needed help with language development.

Desperate to explore ways to improve her child's speech, the woman requested an augmentive communication assessment to determine if technology could aid the child's ability to communicate.

Las Virgenes personnel assessed the child and said she wasn't ready for an augmentative communication device, the mother said. Years later, after her child had already taught herself basic reading, writing and computer skills, she was denied again. A specialist said she didn't want the child to lose the language skills she had already mastered and that the use of technology might hamper language development, the child's parents were told. A private assessment resulted in a recommendation for assistive technology. "I gave the report to the school- nothing happened," the mother said.

Four years passed without the aid of assistive technology. Lost time in the life of a disabled student means lost opportunity for learning.

"Time is very significant when children are developing," the mother said. "Our window may already be closing."

The cycle of distrust between parents and administrators is exacerbated when the school district agrees to pay for an assessment- but only if it can be the one to decide who does the assessing. Parents of special education children become wary since denying an expensive service may be in the best interest of the district.

"Each new area parents explore is a potential financial liability," the mother said. "And they can't afford it. The assertive parents with the means and the wherewithal to fight get more for their children than the nonassertive, noneducated parents.

"We only do it because we're given no other choice," the mother said.

Comes down to money

The cost of educating a child with autism runs anywhere from $8,000 to $70,000 per year, said Mary Schillinger, the Las Virgenes director of pupil services.

Compounding the problem is the fact that the number of special education students in the district is three times higher than the state average. While federal law mandates a full spectrum of special education services, the government has been reluctant to pay, officials said. Of the 40 percent that the federal government is required to kick in for special education costs, the district has never received more than 17 percent, superintendent of schools Sandra Smyser said.

Schillinger said federal funding is on the wane, making matters worse. To combat the funding shortfalls, Schillinger joined the Coalition for Adequate Funding, an association campaigning to increase California's investment in public schools.

Good news on the way

The cry for adequate school funding is being heard. The state board of education is considering giving more money to school districts with a higher special education population than the state average, Smyser said.

Schillinger, Finders and Smyser are fighting the financial war on many fronts. Schillinger was appointed to the state Autism Advisory Committee by Jack O'Connell, California superintendent of public education. Finders spearheaded Assembly Bill 2513 last year to establish a statewide center for the latest research-based information on autism, and served on the state's Legislative Blue Ribbon Commission on Autism.

The three women also are pushing state officials to fund a "universal preschool." Such a school would help identify children with autism much earlier, Smyser said.

The latest research in the field has shown promising results and can now identify children with autism as early as infancy.

Special education services for preschool children are required under law, but the state's financial support for schools doesn't kick in until the child enrolls in a public kindergarten class, Finders said.

"The earlier, the better- big time," Smyser said.