THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT HAS FAILED ITS AFRICAN AMERICAN, HISPANIC, DISABLED & ECONOMICALLY DISADVANTAGED STUDENTS AT MALIBU HIGH SCHOOL, SANTA MONICA HIGH SCHOOL & JOHN MUIR ELEMENTARY SCHOOL

California Assessment of Student Performance
and Progress (CAASPP) Results for 2015

Beginning with the 2013–14 school year, CAASPP became the new student assessment system in California, replacing the Standardized Testing and Reporting system (STAR).

See Malibu High School’s, Santa Monica High School’s and John Muir Elementary’s 2015 School Results for its Minority, Disabled and Economically Disadvantaged Students.

1.

CAASPP 2015 CST – Santa Monica High School, Black or African American

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-2015-cst-santa-monica-high-school-black-or-african-american.pdf

2.

CAASPP 2015 CST – Santa Monica High School, Students with Disability

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-2015-cst-santa-monica-high-school-students-with-disability.pdf

3.

CAASPP 2015 CST – John Muir Elementary School, Hispanic or Latino

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-2015-cst-john-muir-elementary-school-hispanic-or-latino.pdf

4.

CAASPP RESULTS IN MATH AND ENGLISH AT SAMO HIGH FOR AFRICAN AMERICAN STUDENTS

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-results-in-math-and-english-at-samo-high-for-african-american-students.pdf

5.

CAASPP RESULTS IN MATH AND ENGLISH AT JOHN MUIR ELEMENTARY SCHOOL FOR HISPANIC STUDENTS

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-results-in-math-and-english-at-john-muir-elementary-school-for-hispanic-students.pdf

6.

CAASPP RESULTS IN MATH AT MALIBU HIGH SCHOOL FOR HISPANIC STUDENTS

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-results-in-math-at-malibu-high-school-for-hispanic-students.pdf

7.

CAASPP RESULTS IN MATH AND ENGLISH AT MALIBU HIGH SCHOOL FOR STUDENTS WITH DISABILITIES

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-results-in-math-and-english-at-malibu-high-school-for-students-with-disabilities.pdf

8.

CAASPP RESULTS IN MATH AT MALIBU HIGH SCHOOL FOR ECONOMICALLY DISADVANTAGED STUDENTS

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/caaspp-results-in-math-at-malibu-high-school-for-economically-disadvantaged-students.pdf

ADDITIONAL SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT STATISTICS

The Santa Monica Malibu Unified School District’s Achievement Gap in API scores by Race/Ethnicity is Among the Worst in All of California.

2012 and 2013 Statistics on SMMUSD Race/Ethnicity Achievement Gaps
Based on API Scores and Education West Report Cards

SMMUSD Achievement Gap in API scores by Race/Ethnicity 2012 and 2013

                                                      API Scores                         Size of Gap (Relative to White Students)    

2012             2013                                  2012              2013

White Students*                         907                 907                                          –                      –

Latino Students*                         784                 791                                    123                   116

African-American Students*      735                746                                    172                   161

*does NOT include English Language Learners
______________________________________________________________________________Source:  
SARC Report Card 2014 for SMMUSD (cited in the SaMoHi SARC: page 5, column 2)
http://www.smmusd.org/SARC/SARC2014/SAMOSARC14.pdf

2012 and 2013 Statistics on SaMoHi Race/Ethnicity Achievement Gaps
Based on API Scores and Education West Report Cards

SaMoHi Achievement Gap in API scores by Race/Ethnicity 2012 and 2013

                                                           API Scores                         Size of Gap (Relative to White Students)    

2012             2013                                  2012              2013

White Students*                        870                877                                          –                      –

Latino Students*                       769                 762                                   101                   115

African-American Students*     675                 689                                   195                  188

*does NOT include English Language Learners
______________________________________________________________________________Source:  
SARC Report Card 2014 for SaMoHi (cited in the SaMoHi SARC: page 5, columns 1 and 6)
http://www.smmusd.org/SARC/SARC2014/SAMOSARC14.pdf

Education West Grades for SMMUSD Relative to Other School Districts in California

                                                  2012                                                          2013
Overall Grade:                                                                                           C

White/African-American Gap   F   (among worst 3% in CA)                 F (among worst 6% in CA)

White/Latino Gap                       F   (among worst 15% in CA)               D (among worst 18% in CA)

______________________________________________________________________________Sources: 
EdWest Report Card 2012 for SMMUSD
http://reportcards.edtrustwest.org/district-data?county=Los+Angeles&district=Santa+Monica-Malibu+Unified&report_year=2012

EdWest Report Card 2013 for SMMUSD
http://reportcards.edtrustwest.org/district-data?county=Los+Angeles&district=Santa+Monica-Malibu+Unified&report_year=2013

Understanding the Academic Performance Index (API)

https://www.ed-data.k12.ca.us/pages/understandingtheapi.aspx

See attached California Department of Education’s Adequate Yearly Progress Standards for 2013 & 2014:

California Department of Education 2013 2014 Data for the Santa Monica Malibu Unified School District

https://lawofficesofbarryfagan.wordpress.com/2014/12/24/the-santa-monica-malibu-unified-school-district-has-failed-to-meet-the-california-department-of-educations-adequate-yearly-progress-standards/

The Santa Monica-Malibu Unified School District

Board of Education

SPECIAL EDUCATION SETTLEMENTS

November 2013 to June 2015

Pursuant to Government Code §54956.9(d)(2)

1. DN-1001-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1001-13/14 was as follows:
a) Legal Costs: $16,000
The total cost for this case is not to exceed $16,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

2. DN-1002-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1002-13/14
was as follows:
a) Legal Costs: $14,000
The total cost for this case is not to exceed $14,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

3. DN-1003-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1003-13/14 was as follows:
a) Legal Costs: $6,500
The total cost for this case is not to exceed $6,500.
It was moved by Mr. Mechur, seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre
was absent) to approve the settlement case.

4. DN-1004-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1004-13/14 was as follows:
a) Parent Reimbursement: $38,000
The total cost for this case is not to exceed $38,000. It was moved by Dr. Escarce,
seconded by Mr. de la Torre, and voted 7/0 to approve the settlement case.

5. DN-1006-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1006-13/14 was as follows:
a) Parent Reimbursement: $19,000
The total cost for this case is not to exceed $19,000. It was moved by Ms. Lieberman,
seconded by Mr. Allen, and voted 7/0 to approve the settlement case.

6. DN-1007-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1007-13/14 was as follows:
a) Parent Reimbursement: $13,600
b) Legal Cost: $15,000
The total cost for this case is not to exceed $28,600. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

7. DN-1008-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1008-13/14 was as follows:
a) Parent Reimbursement: $60,000
The total cost for this case is not to exceed $60,000. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

8. DN-1009-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1009-13/14 was as follows:
a) Legal Cost: $5,500
b) Parent Reimbursement: $7,500
The amended total cost for this case is not to exceed $13,000. It was moved by Mr.
Mechur, seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

9. DN-1005-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1005-13/14 was as follows:
a) Legal Cost: $5,000
b)Parent Reimbursement: $17,789.48
The total cost for this case is not to exceed$ 22,789.48. It was moved by Dr. Escarce,
seconded by Ms. Lieberman, and voted 7/0 to approve the settlement case.

10. Student vs. SMMUSD, OAH Case No. 2013051152
Administrative Law Judge (ALJ) Eileen M. Cohn, determined on December 23, 2013 that the
SMMUSD must reimburse parents for all of their tuition costs for a Non-Public School (NPS)
along with reimbursement for all tutoring expenses.
These amounts exceed $56,970.99 in tuition reimbursement thus far, and does not include
approx. $70,000 in attorneys fees. This tuition will need to be reimbursed for 3-4 more years as well.

11. DN-1002-14/15 (Special Education)

Legal Fees: $70,000

The total cost for this case is not to exceed $70,000. It was moved by Ms. Lieberman, seconded by Mr. Patel, and voted 7/0 to approve the settlement case.

12. DN-1003-14/15 (Special Education)

Parent Reimbursement: $ 5,000/month (11/1/14 through 7/31/15)

The total cost for this case is not to exceed $45,000. It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarcewas absent) to approve the settlement case.

13. DN-1004-14/15 (Special Education)

Educational Evaluation Services: $11,485

Legal Fees: $TBD as per OAH Case No. 2014040578

It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarce was absent) to approve the settlement case.

14. DN-1005-14/15 (Special Education)

Parent Reimbursement: $2,200/month during school year (through 2019-2020 or whenever the student graduates from high school, whichever comes first) It was moved by Ms. Lieberman, seconded by Mr. Mechur, and voted 6/0 (Mr. de la Torre was absent) to approve the settlement case.

15. DN-1006-14/15 (Special Education)

Parent reimbursement (legal fees & other related costs): $9,000
The total cost for this case is not to exceed $9,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms. Leon-Vazquez was absent) to approve the settlement case.

16. DN-1007-14/15 (Special Education)

Parent Reimbursement (educational placement & services): $55,000
The total cost for this case is not to exceed $55,000. It was moved by Dr. Tahvildaran-Jesswein, seconded by Mr. Foster, and voted 6/0(Ms. Leon-Vazquez was absent) to approve the settlement case.

17. See June 29, 2015 Board of Education Minutes: Re: Attorney’s Fee Settlement in the amount of $215,000:

http://www.smmusd.org/brd1415/min062915_spmtg.pdf

DN-1009-14/15 (Special Education)
Legal fees & other related costs: $215,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms.Leon-Vazquez was absent) to approve the settlement case. Ayes: 6 (Lieberman, Escarce, de la Torre, Foster, Tahvildaran-Jesswein, Mechur)

Below is how the Santa Monica-Malibu Unified School District treats some of its Special Education families.

See link to Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School Disrict’s Retaliatory Acts Against Students and Parents by filing false claims of child abuse with the Department of Children and Family Services:

http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

SMMUSD vs. Student

By Debra Shepherd

Good evening Council members. I am the parent of a child in general education and a child who requires special education services. I am also a member of the Working Group.

Although the non-disclosure agreements are no longer being used to my knowledge, the environment that brought about the use of those agreements still exists.

When a problem arises, there does not seem to be an ability to resolve the problem without input from the attorneys. Since November of 2008, the District has been more adversarial toward my family by threatening me with due process litigation at tax payers’ expense. The SMMUSD refuses to even acknowledge that my daughter has an autism spectrum disorder despite multiple pages of detailed assessments from UCLA in a school setting that have been a part of my child’s records for the last 4 years.

The District is also attempting to take needed services and accommodations out of my child’s educational program. I had to fight for two years for my daughter to receive occupational therapy services.

My extended family has also traveled thousands of miles to help me with these issues. The SMMUSD would rather spend thousands of tax payer dollars suing me than pay for a needed assessment for my child or provide her with a free and appropriate education as mandated by law.

I thought that we had reached our lowest point in the journey when school staff filed a false report against me with child services in retaliation against me for hiring an attorney. My youngest child is still not recovered from the trauma of that incident. I am also disturbed by the number of families of color that have left the district. When families of color complain about how they are treated by the district, their address is verified. This whole situation has taken a toll on my health and the well-being of my family.

See links to litigation relating to Additional SMMUSD Retaliatory Acts:

STUDENT vs. WENDY WAX GELLIS & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

https://lawofficesofbarryfagan.wordpress.com/2014/08/25/santa-monica-dispatch-article-concerning-smmusds-retaliatory-acts-against-students-and-parents-by-filing-false-claims-of-child-abuse-with-the-department-of-children-family-services/

See link to Malibu Times Article Entitled “School Woes”

http://www.malibutimes.com/opinion/article_37232886-0af6-11e5-9805-c79129c3012e.html

See SMMUSD District Parent’s comment:

beachshopgirl posted at 12:07 pm on Mon, Jun 8, 2015.

The SMMUSD has an inordinate amount of due process cases (16 this school term). That would be the norm for a district five times this size. If they go that hard against the parents of children with disabilities that should tell everyone else something. The District will never stop fighting this lawsuit from all indications, regardless of the insane conclusion that is bound to occur. It’s pathetic that they are willing to burn down the village in an effort to avoid repairing it. It’s time for a new Board of Education, a new Superintendent and a new Director of Special Education Services. We need people in leadership that understand that tax dollars are not monopoly money and that this is not a private parts measuring contest.

https://lawofficesofbarryfagan.wordpress.com/2015/06/07/the-santa-monica-malibu-unified-school-district-board-of-education-re-special-education-settlements-by-the-smmusd/

The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Hundreds of Thousands of Dollars and Causing Unnecessary Harm to These Special Education Families.

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