| There is a shocking mole in the world of | | | | funding are not mad at the state for not funding |
| journalism. | | | | the program, it's about the inequity of the school |
| Deborah Blair Porter appears to have an | | | | districts having to pay over 50% of the services |
| impressive resume, writing for Edweek, The Los | | | | from their own local budgets. In any event, her |
| Angeles Times and The Daily Breeze. She might | | | | explanation about states and education is |
| have even had a local council position in the South | | | | unimpressive and unreliable in her context. States |
| Bay of Los Angeles at some point. Ms. Porter has | | | | having responsibility to educate its students is |
| a "secret" that creates a journalistic bias in the | | | | attributed to the 10th Amendment of the |
| most egregious way. Keep reading for more. | | | | Constitution (Bill of Rights) establishing that |
| Ms. Porter clearly supports the Individuals with | | | | because education is not mentioned in the |
| Disabilities in Education Act (IDEA), this is not | | | | Constitution, therefore the responsibility belongs to |
| unusual. I have never heard of anyone who has | | | | the states to decide education priorities. |
| ever been against it. I recently read an article | | | | Although she failed to properly analyze the states' |
| authored by Ms. Porter that was published in | | | | rights on education, or she willfully slanted the |
| Edweek. The content and comments in her article | | | | truth, she provided the perfect example to |
| were disingenuous and embarrassing at least. | | | | illustrate why the federal government should not |
| Many sarcastic comments precede her accusation | | | | be making mandates and acts that require outside |
| of letter writing campaigns en masse by the PTA | | | | funding from states and school districts. As |
| to their legislatures to oppose IDEA. She claims | | | | prescribed by a case in 1992, the Supreme Court |
| that the PTAs are, "blaming special education | | | | made a ruling on a case alleging a violation of the |
| students and their parents" for the budget crisis in | | | | 10th Amendment, New York v. The United States |
| California. | | | | of America (1992), 505 U.S. 14. The Supreme |
| Before I comment on the balance of Ms. Porter's | | | | Court, in a 6–3 decision, found that federally |
| article, I will address her letter writing campaign | | | | mandated programs violated the states rights |
| statement. I searched the California PTA's | | | | under the 10th Amendment. In her decision, |
| website where I reviewed all information about | | | | Justice Sandra Day O'Connor found that the |
| special education. I found nothing about letter | | | | federal government can encourage but cannot |
| writing campaigns for special education. What I did | | | | mandate conditions for a federal Act and that the |
| find was an informational packet instructing | | | | federal government cannot directly compel states |
| parents how to identify learning disabilities to | | | | to enforce federal regulations by forcing the |
| discover if they're student is eligible for IDEA | | | | funding. |
| benefits. There are two bills that the PTA | | | | The federal government has no business |
| supports regarding IDEA, AB661 Toralkson and | | | | mandating federal acts on the states. That's the |
| AB826 Buchanan. These bills attempt to apportion | | | | point. Yes, the states need to balance their own |
| more state money to IDEA. | | | | budgets and make cuts according to their |
| Apart from the state PTA, I did find a proposed | | | | revenues. Yet the federal government mandates |
| letter writing campaign from Mission Viejo asking | | | | IDEA programs without consideration of the |
| its membership to bring to the attention of the | | | | hardship that the mandates cause and the |
| legislature that their school district had spent an | | | | required cuts elsewhere. The state should be able |
| additional $13.7 in mandated IDEA services. The | | | | to educate all of the students including those with |
| letter to the membership was authored by | | | | disabilities. |
| Caroline Paltin, Ph.D., Special Education Chair for | | | | Ms. Porter is correct that it's the state's right, but |
| the Special Education Committee. Hardly an attack | | | | then why defend IDEA mandates handed down |
| on IDEA; Special Education Chair, Dr. Paltin, clearly | | | | from the federal government? You cannot have |
| is trying to mitigate the damage of financial | | | | it both ways, Ms. Porter. Ms. Porter woefully failed |
| requirements by asking the federal government | | | | to appropriately analyse any of her legal findings. |
| to properly fund the IDEA programs, instead of | | | | This is odd for a reporter to do. Why did she do |
| having the funding come from the local school | | | | this? |
| districts. | | | | It becomes apparent when you find that Ms. |
| Another local PTA, in a school district in Santa | | | | Porter sued the Manhattan Beach Unified School |
| Barbara, stated that the PTA strongly supports | | | | District for IDEA inadequacies and found herself a |
| increasing federal funding for IDEA. I am not sure | | | | millionaire with a nearly $8 million settlement that |
| how that is a letter writing campaign, but perhaps | | | | came directly from the Manhattan Beach school |
| it should be. | | | | district budget. The case is entitled, Porter v. |
| Is it possible that Ms. Porter does not understand | | | | Board of Trustees, Manhattan Beach Unified |
| that a PTA asking for federal funding for IDEA | | | | School District 307 F3d. 1064. Indeed, incorporated |
| services does not equate to "blaming special | | | | in the IDEA statutes, there is an affirmative |
| education students and their parents"? | | | | proviso for assumed conflicts followed by legal |
| She goes on to negatively point out that some | | | | entitlements for those who are not satisfied with |
| people "believe the responsibility for educating | | | | the school's adherence. Ms. Porter, in her lawsuit, |
| [special education] lies elsewhere." That statement | | | | claimed time and again that the special education |
| is accurate, but I am not sure why she puts a | | | | services for her son were not provided to her |
| negative spin on it, well - maybe I know why. | | | | satisfaction. Though her child has delayed learning |
| More on that later. The reason why people | | | | and a mild spectrum of autism, she insisted on a |
| believe that the responsibility lies elsewhere is | | | | one-on-one aid and other benefits for which her |
| because ... the responsibility lies elsewhere in the | | | | child was not qualified to receive. According to the |
| case of IDEA. IDEA, a federal act has defined and | | | | Manhattan Beach special education department, |
| imposed services and mandates on the states for | | | | the school district offered other remedies as |
| special education. | | | | prescribed for his condition, however, Manhattan |
| IDEA again are mandates and not suggestions. | | | | Beach was unable to satisfy Ms. Porter's demands |
| However, the federal government only funds | | | | for additional IEPs, programs and services. I guess |
| about 19% of the cost of IDEA services and | | | | she received a settlement because she |
| other costs, the state (SELPA) kicks in another | | | | exhausted everyone, driving up legal fees for the |
| 28% leaving school districts to use its own | | | | district - when she should have been exhausting |
| unrestricted funds to cover the balance of the | | | | her other remedies, in my opinion. |
| costs, this fund is called an encroachment fund. | | | | In an article that I wrote back on May 13, I |
| The aforementioned school district in Mission Viejo | | | | unwittingly profiled the case of Porter, having had |
| had an encroachment fund for IDEA in the sum | | | | no inkling of who Porter was, I wrote: "Case in |
| of $13.7 million, and that's about average. That | | | | point, Porter v. Board of Trustees of Manhattan |
| encroachment fund comes straight from school | | | | Beach Unified School District et al., 307 F. 3d 1064 |
| districts' budgets and from other school education | | | | (9th Cir. 2002), 537 U.S. 1194, 123 S. Ct. 1303, 154 |
| programs, library and PE, including the lay off of | | | | L. Ed. 2nd 1029 (2003). In the case of Porter, the |
| teachers which will cause larger class sizes in | | | | parents of a student, who had been diagnosed |
| 2009-10. I am not sure why Ms. Porter assesses | | | | with autism spectrum disorder, charged that |
| any of the PTA positions as, "a new level of | | | | Manhattan Beach Unified School District failed to |
| blame [sec] being directed squarely at parents of | | | | provide their child with a "free appropriate public |
| kids with special needs." | | | | education." This lawsuit resulted in the school |
| Ms. Porter further attempts to make the claim | | | | district paying over $6.7M to the family of the |
| that: "According to the U.S. Department of [sec] | | | | student. In addition, as part of the settlement, |
| Education is primarily a State and local | | | | control of the student's education was transferred |
| responsibility in the United States." | | | | to a Special Master, Ivor Weiner, Ph.D., resulting in |
| Good grief. This was her best analysis of why the | | | | the cost of just under $1.1M to pay for the |
| states should be paying the bill for IDEA? First of | | | | education of the student at the direction of the |
| all, the parents who are concerned about the | | | | Special Master. |