Organizing for America | Ericha Parks's Blog EDU

Ericha Parks's Blog EDU

http://www.examiner.com/x-5067-LA-School-District-Examiner Here is my URL. I am an investigative journalist from LA on the public education beat. My current focus is on the teachers' unions. I would love some good feedback, for or against. Read my articles please and let me know if you have comments, suggestions or ideas. I would love to hear from you. Ericha Parks, Los Angeles I am also looking into the Fed aid for educationn and as such I will be examining Mr. Arne Duncan.

The Supreme Court might have missed the boat on their recent ruling re: Forest Grove v. T.A.

By Ericha from Palos Verdes Peninsula, CA - Jun 25th, 2009 at 11:54 am EDT

On June 23, 2009, The United States Supreme Court made its ruling in the matter of Forest Grove v. T.A. Originating in Oregon, this case made headlines when the family of a disabled boy with A.D.H.D. sued the public school for reimbursement of tuition resulting from their child's private school education. The family alleged that the public school failed to provide services and evaluations under the federal act called Individuals with Disabilities in Education Act (IDEA).Some brief background to note about this particular case is that the public school suspected that the student might have had exhibited signs of A.D.H.D., but did not share their suspicions with T.A.'s parents. T.A. began using marijuana regularly and ran away from home, "and he exhibited noticeable personality changes." In response to T.A.'s troubling new behavior, T.A.'s parents removed him from his public high school and enrolled him in a private school designed for students with behavioral and academic problems. In bringing this case for legal action, reimbursement of the private education tuition was being sought by T.A.'s family. The public school district argued that T.A., who was not receiving special education services at the public school level, could not seek alternative private education at the expense of the public school district. The school district further contended that T.A.'s family's legal action incentives parents to bypass other remedies before opting for private placement. On Monday, in a 6-to-3 decision, the Supreme Court ruled that students with disabilities can seek reimbursement for private schools tuition even if they did not try the public school's special education programs first.The dissenting Supreme Court opinion in this case was written by Justice David Souter, and he was joined by Justices Antonin Scalia and Clarence Thomas. The dissenting opinion pointed out that the IDEA codes called for private education options to be reserved for students who had already been receiving special education services in public schools.It is quite possible that the dissenting Supreme Court Justices failed to make the most relevant and appropriate evaluation in their report. In the future, it could be entirely possible that a landmark Supreme Court case could reverse this decision and the exposure to states with respect to IDEA services, funding and resulting lawsuits.IDEA [20 USC 1400 et seq.] is an important set of laws with respect to outlining the definitions of a disabled student and the requisite services to be provided for the students in which it aspires to protect. However, IDEA is a federal act. It is not constitutional for the federal government to require that these services be provided and funded by the individual states. These services, as defined by the IDEA, are illegally forced on the individual states to fund. The 10th Amendment of the constitution, prohibits the federal government from imposing federal acts on individual states. In fact, in 1992, the Supreme Court did make a ruling in a case alleging a violation of the 10th Amendment with similar facts. The Supreme Court case entitled, New York v. The United States of America (1992), 505 U.S. 14, challenged a federally mandated Act called the Low-Level Radioactive Waste Policy Amendments Act of 1985. The federal government obligated the state to bare the cost of disposing its waste as prescribed in this Act. The Supreme Court, in a 6–3 decision, found that this federally mandated program violated the states' rights under the 10th Amendment and found in favor of the Plaintiff, New York.Justice O'Connor, one of the most liberal and balanced Justices of all time, found that the federal government can encourage but cannot mandate conditions for a federal Act and that the federal government cannot directly compel states to enforce federal regulations by forcing the funding.However, IDEA does exactly that. It mandates and compels states to enforce a federal act and it obligates the funding by states and their school districts.
In IDEA section 1400(c)(6), it states that "local education agencies are responsible for providing the education for students with disabilities, but that the Federal Government will have a role [emphasis added] in assisting the state and local education agencies." In other words, the Act itself admits that it is to be enforced and funded by the states and school districts but the the federal government will only have a role in helping. Therefore, the federal government is willfully imposing this requirement on the states in violation of the 10th Amendment of the United States Constitution. Reportedly, school districts in California and perhaps other states are struggling to retain their accreditation because every year it must show solvency for the next three years. School districts in California struggle to meet the demands of their requirements in general. Add now the IDEA expenses. I recently profiled a small school district in Southern California that has paid, out-of-pocket, the sum of $12.5 million [deficit] from IDEA expenditures. This school district is laying off nearly 100 teachers, who could have had their jobs saved with merely $1.3 million. Furthermore, school districts pick up the tab for lawsuit judgments and settlements resulting from IDEA complaints. IDEA's goal is to help students, but it has also burdened states, school districts and other students. Why hasn't the government taken responsibility for IDEA services and funding? The IDEA expenditures have proven to have had a negative fiscal impact on school districts. This federal Act needs to be governed and funded entirely by the federal government.

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America celebrates the 55th anniversary of Brown v. Board of Education

By Ericha from Palos Verdes Peninsula, CA - May 18th, 2009 at 2:02 pm EDT

The landmark decision of Brown v. The Board of Education reversed the term derived from Plessy v. Ferguson of "separate but equal." Here is a glimpse into Brown v. Board of Education and Justice Thurgood Marshall.

http://www.examiner.com/examiner/x-5067-LA-School-District-Examiner~y2009m5d17-Americans-celebrate-the-55th-anniversary-landmark-case-Brown-v-Board-of-Education

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The truth about special education funding

By Ericha from Palos Verdes Peninsula, CA - May 18th, 2009 at 1:59 pm EDT

I realize that this is a sensitive topic, special education funding. It's a subject that must be discussed because the funding is crippling schools. The government mandates the programs under the IDEA, but makes local school districts pay. Read about schools in ruins in California.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m5d13-Special-education-funding-or-lack-thereof-force-school-districts-to-suffer

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Be wary of "start up" charter schools

By Ericha from Palos Verdes Peninsula, CA - Mar 26th, 2009 at 12:14 pm EDT

This is an indepth investigative piece that constrasts two kinds of charter schools. Be wary of the "start up" kind. I examine a charter school in California called the TIP Academy. It drained resources in many California school districts and left kids uprooted.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m3d16-California-Beware-of-education-recovery-claims-by-start-up-charter-schools

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The LA teachers' union - keeping bad teachers employed

By Ericha from Palos Verdes Peninsula, CA - Mar 26th, 2009 at 12:10 pm EDT

This piece is a profile about the teachers' unions, their contracts that work against rewarding teachers. I would love comments for follow up piece.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m3d20-Unions-help-keep-bad-teachers-employed

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Barrack Obama challenges teachers' union in Los Angeles

By Ericha from Palos Verdes Peninsula, CA - Mar 26th, 2009 at 12:07 pm EDT

At his town hall meeting last week, Barack Obama answered a question about California education. It seems that without reform there will be no federal bail out money except as provided in the stimulus package. Hard news story.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m3d22-Obama-challenges-teachers-unions-to-reform-before-any-federal-bail-out

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Will high median income communities abandon public school?

By Ericha from Palos Verdes Peninsula, CA - Mar 26th, 2009 at 12:03 pm EDT

This is a profile piece about wealthy communities in Southern California. It contrasts and compares independent school districts from LAUSD. Many parents are abandoning public school and taking their resources with them. One high median income community is the exception.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m3d24-Many-California-parents-will-abandon-public-schools--but-not-all

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UTLA under fire - LA times weighs in

By Ericha from Palos Verdes Peninsula, CA - Mar 26th, 2009 at 12:00 pm EDT

UTLA, the LA teachers' union, has been under fire for failing to reform antequated contract provisions. What do you think about my review of Steve Lopez' article from the LA Times? It's a call to the unions to reform.

http://www.examiner.com/x-5067-LA-School-District-Examiner~y2009m3d25-UTLA-under-fire--the-LA-Times-is-now-on-board

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