Study of the Mount Diablo Unified School District - Mt. Diablo Unified ...
Study of the Mount Diablo Unified School District - Mt. Diablo Unified ...
Study of the Mount Diablo Unified School District - Mt. Diablo Unified ...
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CHAPTER 6: SPIELER V. MT. DIABLO UNIFIED SCHOOL DISTRICTThis chapter provides information on issues related to <strong>the</strong> Consent Decree relative toSpieler v. <strong>Mt</strong>. <strong>Diablo</strong> <strong>Unified</strong> <strong>School</strong> <strong>District</strong>.Granted as a result <strong>of</strong> inadequate special education programs ten years ago, <strong>the</strong> ConsentDecree has met <strong>the</strong> challenges put forth, but may have gone beyond what is expected <strong>of</strong>o<strong>the</strong>r districts in <strong>the</strong> state. Fur<strong>the</strong>r, programs have been created very quickly in an effort todemonstrate compliance that do not have <strong>the</strong> support or respect <strong>of</strong> <strong>the</strong> entireadministration. It is clear <strong>the</strong>re has been oversight for <strong>the</strong> Consent Decree and that all <strong>of</strong><strong>the</strong> MDUSD educational facilities, as well as <strong>the</strong> Student Services Department, have workedhard to comply with and honor <strong>the</strong> spirit <strong>of</strong> <strong>the</strong> order. There can be no question as to <strong>the</strong>effectiveness <strong>of</strong> <strong>the</strong> programs created under <strong>the</strong> Consent Decree, as many programs arenow considered models for o<strong>the</strong>r schools in California.The Consent Decree will be met on May 24, 2010. This chapter should be viewed along withChapter 2 <strong>District</strong> Operations and Associated Financial Effectiveness; Chapter 3 ServiceDelivery Options and Continuum <strong>of</strong> Services; and Chapter 4 Policies, Procedures, andCompliance.Spieler v. <strong>Mt</strong>. <strong>Diablo</strong> <strong>Unified</strong> <strong>School</strong> <strong>District</strong> Consent DecreeA class action discrimination suit brought by parents <strong>of</strong> students with disabilities (Spieler)against <strong>the</strong> <strong>Mt</strong>. <strong>Diablo</strong> <strong>Unified</strong> <strong>School</strong> <strong>District</strong> in 1998 “alleged that <strong>the</strong> <strong>District</strong> denieddisabled children equal access to school buildings and educational and social programs andprevented <strong>the</strong>m from attending <strong>the</strong>ir neighborhood schools”. 1 Twenty million dollars wascommitted over ten years to ensure access for over 5,000 students with disabilities in 55schools. According to <strong>the</strong> Disabilities Rights Advocates Web site, “The Consent Decree alsoreforms <strong>the</strong> <strong>District</strong>’s special education system, with policies supporting <strong>the</strong> integration <strong>of</strong>disabled children into all educational and social programs, <strong>Mt</strong>. <strong>Diablo</strong> <strong>Unified</strong> <strong>School</strong> <strong>District</strong>has created three new programs to benefit disabled students: a Model AugmentativeCommunication Program for children who need assistive technology, a Model Aide TrainingProgram to train classroom aides to assist children with disabilities, and a full‐time ParentLiaison to assist parents to navigate <strong>the</strong> special education system.”The court‐appointed administrator <strong>of</strong> <strong>the</strong> process has been forthright in providing a StatusReport <strong>of</strong> all 22 corrective action plans, detailed below.The district has been greatly influenced by <strong>the</strong> Spieler v. <strong>Mt</strong>. <strong>Diablo</strong> <strong>Unified</strong> <strong>School</strong> <strong>District</strong>Consent Decree. While <strong>the</strong> district has implemented several model programs, <strong>the</strong>re areparents in disagreement with district attempts to serve students. The federal governmentrequires “maintenance <strong>of</strong> fiscal effort” on <strong>the</strong> part <strong>of</strong> <strong>the</strong> local district because special1 www.dralegal.org/cases/education.MGT <strong>of</strong> America, Inc. Page 6‐1