Respect Needed! a Report on Orr Creek School Special Education

The complaint cited multiple incidents at Orr Creek School and other locations regarding health and safety issues, poor communications, and low morale throughout the special education provider system.

Orr Creek has two classrooms: one for students with emotional disturbances and the other for students with developmental disabilities.

The group of developmentally-disabled Orr Creek students reside in group homes managed by Turning Point, a Fresno County agency.

Orr Creek utilizes Certificated and Classified personnel, mental health professionals, and staff from Turning Point.

The Mendocino County Federation of School Employees, (MCFSE), contract covers all “Certificated” personnel, (classroom teachers), and “Classified” personnel, (e.g., classroom aides, Para-professionals, clerical support staff, etc.), within the County.

Special education teachers are credentialed in special education.

Severe budget cuts took place this year and are projected for the future.

MCOE Certificated and Classified employees are particularly concerned about the viability of their jobs.

Respondents reported a lack of transparency and team-building efforts (e.g. ignoring multiple requests for information, growing perception that their concerns and ideas are irrelevant, etc).

Incidents of insensitive and disrespectful communications were reported: i.e., issuing layoff notices in front of peers and students.

Staff alleged that management was unwilling to problem-solve and consider cost- saving suggestions.

Certificated and Classified personnel are hesitant to utilize their union contracts’ grievance procedures fearing retaliation by management. There were reports of some individuals being singled out for speaking their minds.

Concern was expressed that Certificated and Classified staff will be subject to salary decreases and layoffs without proportional decreases in management staff and their salaries.

MCFSE contracts and grievance procedures provide employees with a process and resources to resolve conflicts with management. Employees reported experiencing retaliation if they utilized this process.

Both of the current MCFSE contracts, (Certificated and Classified), stipulate a grievance procedure ranging from informal to formal steps, up to and including mediation and binding arbitration. The informal first step includes the employee attempting to resolve the issue with their supervisor. If unsuccessful, the next step is filing a formal grievance.

The mediation and binding arbitration clauses in the current 2009-2010 contracts are the result of an interim agreement between MCOE and MCFSE. Prior to the addition of this interim agreement the final arbitrator was the MCOE Superintendent of Public Schools.

At the end of the 2009-2010 school year the MCFSE contracts are due for renegotiation.

In 2009, “no more than five”, grievances were filed, none of which were related to special education or its staff.

In one instance a teacher filed a written complaint with their supervisor about a serious health and safety issue. The employee refused to return to work until the issue was resolved. The supervisor responded and the issue was corrected. A formal grievance was never filed as the issue was resolved in the informal step.

It is against labor law for management to single out or threaten retaliation upon, any employee for speaking out or filing a grievance.

The Deputy Superintendent/Special Education Director received a “Notice of Compensation and Assignment Reduction”, as did all MCOE managers.

In the 2009-2010 school year some Special Education staff received notices of possible reassignment based on seniority. One Certificated teacher and one Classified staff member were laid-off due to the closing of Trinity School in Ukiah.

MCOE Board of Education Meetings are held during the work day, when Certificated and Classified staff, parents and working community members are unable to attend. Other County school districts have school board meetings at a time when staff and parents can attend. Findings - Special Education

The goals of SELPA are to ensure that an appropriate continuum of programs and services are available to each student with exceptional needs, and that these programs are provided in the “least restrictive environment”, with an ultimate objective to mainstream these students.

Each SELPA must have an administrative unit who is responsible for receiving and distributing funds. The SELPA, which includes all school districts and MCOE, is responsible for ensuring that every student receives the necessary mandated services.

The SELPA Chief Administrator for MCOE is the Deputy Superintendent who is responsible for: • Ensuring program availability for all students with disabilities, • Curriculum/Program development support, • Community advisory committee support, • Management Information System, • Transition planning, • Legal assistance, • Personnel development, • Budget planning and review, • Evaluation, • Interagency coordination, • Fiscal management, • Program specialists, • Community awareness, • Compliance with all State and Federal laws and regulations. This was formerly the responsibility of the State and has been recently assigned to SELPA.

Students identified as eligible for special education, with parental approval, must have an Individualized Education Plan, (IEP), identifying the specific services to be provided as well as educational goals and objectives for that student. Mendocino County has approximately 13,600 students. Thirteen percent of these students have IEPs, (~1,760). Approximately three percent of the students with IEPs are considered severely disabled, (~53).

The budget for Mendocino SELPA, a consortium including all County school districts and MCOE, is between $16-$17 million dollars. 29.Providing special education programs and services is very costly, with costs increasing exponentially with the increasing level of severity of the disability. The average yearly cost to educate a general education student is approximately $6,500. The average yearly costs to educate a special education student can be between $8,000 and $85,000, and in some instances, more. Over the past 30 years the Federal Government has consistently underfunded its mandates, promising to pay 40 percent of costs, but only contributing between seven to 15 percent of their commitment. 30.Each school district has its own special education budget allocated by SELPA. Since special education services are mandated, MCOE and each of the County school districts are required to make up for the fiscal shortfalls out of district or County general funds. 31.If MCOE or a school district were to eliminate mandated services that had been agreed upon through the IEPs, they would risk losing Federal and State funding. Prior to such a sanction corrective actions could be ordered by the State, following a compliance investigation. 32.Parents have access to due process hearings by the California Department of Education if they feel their school district is not providing the special education services their child requires. 33.When a student’s special education needs cannot be met within the County, placement and/or services are identified and provided out-of-County at the expense of the district and SELPA. In most instances, this is done in partnership with other County agencies including Mental Health, Probation, Social Services and the Redwood Regional Center. 34.Sending students out-of-County is more costly than providing the mandated services within the County. 35.Financial responsibility for students requiring residential placement is vastly complex. Factors include: the student’s original residence, the placement agency, the residence location of the parent or guardian, student’s residential and non- educational costs, and the legal authority defined by Federal and State laws and educational codes.