Tag Archives: court

What’s All the Hubbub About California’s Special Ed Consent Decree?

There appears to be a lot of confusion and misunderstanding about the recent 9th Circuit Court of Appeals decision regarding the State of California and its poor enforcement of special education law. Today’s post seeks to provide clarity as to what the 9th Circuit determined and what it means for families of students with special needs in California.

While it is the function of the media to serve as an intermediary between sources of news and the public to sum things up in an unbiased manner, because our world is so full of fake news and biased reporting, these days, we believe the first place to start is to put the actual decision and related consent decree before you first so you can see the actual outcomes rather than just our interpretations of them, so here they are:

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The Approaching End of a Heartbreaking Era

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When the Education of All Handicapped Children’s Act (EAHCA) was enacted as PL94-142 in 1975, it was in the face of enormous opposition from school district administrators and their attorneys who were actively refusing to enroll children with disabilities in our nation’s public schools. Many have remained employed in public education, stewing in their own bile over their legal “loss” while begrudgingly enrolling students with special needs.

The EAHCA was reauthorized as the Individuals with Disabilities Education Act (IDEA) in 1990, which has, itself, been reauthorized twice since then, the last reauthorization being in 2004. Clearly, Congress has no intention of returning to a time when discriminating against those with disabilities was perfectly acceptable.

I don’t know how many of you have experienced an employment situation in which people have been required to do something that they opposed, but it’s been my experience that some people in this position are more likely to sabotage any attempts to do things differently to “prove” it was a bad idea than to willingly go with the program. Some people are just sore losers.

In short, you’re not likely to get buy-in from people who had to be Court-ordered or required by regulation to do the ethical and responsible thing. It says something, anyway, about a person’s character when he/she forgoes ethical solutions for whatever reasons and, therefore, requires enforceable regulations that dictate what his/her behavior should be. Some peoples’ characters create a situation in which the behaviors normally associated with common sense and ethics become subject to regulation.

This is not specific to special education or the legal practices that surround it. This is human nature. Somewhere out there in the world is the person who justified warning labels on suppositories that advise they are not meant for oral consumption. Some people’s functional skills in various aspects of life, for whatever reasons, are seriously limited.

People tend not to make improvements when forced to, particularly when they perceive the improvements as a threat to their familiar, comfortable, self-serving routines. This, too, is human nature.

The problem in special education is that, following the passage of the EAHCA, too many people with chips on their shoulders were left over the decades in positions of authority in public education, passing their “insight” onto the people they were responsible for training and stacking the deck against the success of special education. In other words, ever since the passage of the EAHCA in 1975, there have been career public education administrators undermining the effectiveness of special education in order to win an argument rather than educate children, the latter of which being what we actually pay them six-figure salaries at public expense to do.

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A Discussion of Tustin

The documents discussed in this video are:

The websites of the professional organizations discussed in this video are:

Addison v. Compton & the Notion of Educational Malpractice

Compton & Surrounding Area

Compton, CA & surrounding area - Eric Fischer demographic map

This past April, DisabilityScoop.com published an article about “educational malpractice” claims becoming potentially viable depending on the outcome of a case that has now worked its way up to the US Supreme Court, Addison v. Compton Unified School District.

I’m not going to go into the blow-by-blow details of the case. You can get all of that on the Wrightslaw web site, including PDFs of the filing documents and prior decisions.

What I will go into are the many reasons why I think Compton Unified’s decision to take this issue to Supreme Court is insane.


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The Parents’ “How-To”: Picking a Special Ed Lawyer

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On March 8, 2010, I wrote an article about a con man representing himself as Michael E. Robinson, Sr. Mr. Robinson represented himself to be, at times, a special education lay advocate, while at other times, claimed he was a special education attorney. Mr. Robinson also claims to have been a lobbyist, medical doctor, retired NASCAR driver, and an epileptic who has been given a wolf as a service animal.

Mr. Robinson is still actively engaging in his cons, according to the last information that KPS4Parents received from its sources. So parents need to continue to beware. He hasn’t been caught and prosecuted, yet, though he has been reported to the authorities. I thought about this article recently after reading an article in the Washington Post about a guy named Howard Deiner in Arlington, Virginia.

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