At Woodside
High in San Mateo County, college-prep
classes awaited a 15-year-old boy with
learning disabilities and anxiety.
He
would blend in with other college-bound
students, but also receive daily help
from a special education expert. He
would get a laptop computer, extra time
for tests -- and an advocate to smooth
any ripples with teachers. If an anxiety
attack came on, he could step out of
class.
But Woodside High wasn't
what his parents had in mind.
Instead,
they enrolled him in a $30,000-a-year
prep school in Maine -- then sent the
bill to their local public school district.
Similar stories are playing
out up and down California as more parents
of special education students seek
extra-special education at public expense:
private day schools, boarding schools,
summer camps, aqua therapy, horseback
therapy, travel costs, personal aides
and more.
Dissatisfied with -- or
unwilling to consider -- classes and
therapies offered by public schools,
growing numbers of parents have learned
that demanding more can yield striking
benefits, especially when they threaten
to sue.
And an expensive legal
battle is the last thing district administrators
want. So they often give in.
Legal
proceedings "are a huge time
drain on your administration and your
teachers," said Karen Mates, special
education director for the Tampalpais
Union High School District in Marin County. "You
don't want to spend precious
dollars on this, so districts
will settle a case to avoid
it."
The result: Expensive legal
judgments and confidential
settlements add hundreds of millions
of dollars to already soaring special
education costs across California, while
taxpayers are kept in the dark about
how the money is spent.
Meanwhile, California
school districts shift more than a
billion dollars a year out of their regular
school budgets to pay for it all.
"This is not sustainable," said
Paul Goldfinger, a California school
finance expert. "Special
education is a growing
portion of budgets
in many districts,
squeezing out services
for other pupils.
Yet to many parents whose
children need help,
nothing seems more justified than seeking
the best.
In the Woodside case,
the boy was still a year from finishing
middle school when his parents hired
a consultant to find them an alternative
to Woodside High.
The consultant, Miriam
Bodin, suggested several private schools,
all outside of California. The parents
chose Kents Hill, a bucolic boarding
school with one-tenth the enrollment
of Woodside High -- and no special
education program.
"I didn't care if they had special
education," said the boy's mother, who
agreed to discuss the case if the family
were not identified. "He
needed a
small classroom
on a small
campus. This
was a very
good situation."
He enrolled at
Kents Hill
in 2000.
Records show the parents
had previously gotten their elementary
district, Portola Valley, to pay half
the tuition of a small private middle
school in Vermont for students with learning
disabilities.
Now they hoped to get
the Sequoia Union High School District,
which includes Woodside High, to pay
for Kents Hill.
The family hired attorney
Kathryn Dobel, an expert in special
education cases. She filed papers in
2002 demanding that Sequoia Union pay
four years of tuition and the family's
costs for travel between Maine and California.
And by the time the boy
graduated from high school in 2004, the
Woodside case would stand as an icon
of the troubled state of special education:
parents and educators at odds, inequity
in a system meant to equalize, and myriad
rules so esoteric they've spawned a new
specialty field for lawyers.
Nanette
Asimov, Chronicle Staff Writer
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