📋
Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 6 findings
F1
Page 260
Implementation of the Enterprise Master Person Identifier (EMPI) software (See section 8.3 below) and expanding its scope to other departmental services.
F2
Page 241
1 With high school graduation rates for 12th graders among the lowest in the entire State, the LAUSD has placed great emphasis on improving that percentage.
F3
Page 244
1.1 In 1999, the LAUSD BOE unanimously passed a resolution to reinstate arts for all students in all grade levels, in all schools and in all four art forms. In the same year LAUSD created an arts education branch that was dedicated to delivering on that promise. In response to both actions the Wallace Foundation provided a grant of $600,000 to develop a plan to deliver on the promise. Nine years later only 25% of elementary students in LAUSD receive regular arts instruction. 3.2 LAUSD – Current Challenges LAUSD is facing a $700 million budget short-fall this fiscal year and the possibility of a $300 million budget short-fall next year. As a result, these budget reductions will impact every aspect of LAUSD operations. In addition to cuts that impact direct instruction at the school level, District administration has proposed a major reduction of personnel that will result in severe organizational re-structuring. LAUSD has publicly stated that its dedication to arts education instruction is steadfast and it will, therefore, not seek to cut arts programs. On the federal level, President Obama has recently declared that even a high school graduation is not enough for those entering the work force if they have any hope of meeting the demands of the 21st century. The President has gone further and suggested that a national policy be established that would encourage one full year of schooling past high school graduation, if our children are going to make a meaningful contribution to the global economic marketplace. Given that commitment, it is easy to understand why the recently announced Federal stimulus package will include a budget supplement of more than $800 million over the next two years for LAUSD. As yet unannounced is the portion of this supplement that might be allocated to arts education. Unfortunately, the budget reduction plans, as currently designed, include a dramatic re- organization of the Arts Education Branch, including the elimination of the Director level administrative position. An Administrative Coordinator is slated to fill this role. In 12 Wallace Foundation press release of October 28, 2008. Wallace Foundation press release. 228 2008-2009 Los Angeles County Civil Grand Jury Report addition, the eight local district level administrative coordinating positions are destined for elimination.14 With such dramatic staff reductions in the central administrative structure, the ability to continue to deliver the quality of performance that led to the follow-up grant from the Wallace Foundation must be questioned. According to LAUSD administration, the new arts high school, currently designated Central L.A. High School #9, is probably the most expensive high school construction project in the nation. Because of LAUSD's commitment to arts education, in addition to past significant planning and cost issues associated with the new school, the responsibility for oversight of all aspects of the project, going forward, will be assumed by the Superintendent. This level of direct involvement in such a project at the highest level of LAUSD administration is unusual and might very well be precedent-setting.
F4
Page 248
1 A sequential and continuous arts education program, especially if introduced early in a child’s life, does produce significant and meaningful increases in academic performance. Further, children who receive such exposure are able to concentrate for longer periods of time, have fewer disruptive behavioral problems, achieve higher scores in standardized tests, graduate at higher rates and are accepted for entry into four-year post-secondary institutions of higher learning in greater numbers. In addition, such a program also has a long-term impact on the positive contributions that the child can and will make later in life.18 5.0 Local Activities Los Angeles is a center for the creative and entertainment industries, with the film and television businesses being prime examples. It is not surprising that there are many local “feeder” opportunities for students and professionals alike. California Institute of Arts (CalArts) and The Coburn School are two renowned examples. Here are a few other promising examples of such opportunities. 5.1 Renaissance Arts Academy (RenArts) Located in Eagle Rock and established in 2003, as of 2008 this LAUSD charter school educates 290 students in grades 6-12. Its mission is to provide an integrated classical education through rigorous academic inquiry, collaborative small-group instruction, and professionally guided arts training. Selection for admission is strictly on a lottery system, due to a greater demand than spaces available. Students live in thirty different zip codes throughout the County and are 54% Hispanic, 29% Caucasian, 12% African American, 3% Asian/Pacific Islanders and 2% Native American.19 Academic instruction follows federal and state-mandated requirements and students are placed in each subject class in accordance with their achievement rather than grade level. That environment results in classes that have 10-15 students from a variety of different grade levels but similar levels of accomplishment. Catterall, J.S., R. Chapleau, and J. Iwanaga. Information included by RenArts in their Bravo Award entry application, 2008. 232 2008-2009 Los Angeles County Civil Grand Jury Report Along with the requirement to take the state-mandated academic core subjects, all students at RenArts must either learn to play a stringed instrument or to study dance. Only 5% of those entering students have had any prior experience with either. Students receive over 10 hours of instruction per week, during the regular school day, in music or dance and daily homework assignments are replaced with home instrumental or dance practice. With a curriculum that is “non-traditional”, one can assume there is a self- selection process that results in a student population that is talented and not typical of most public schools. In 2008, the school had an Annual Performance Index (API) of 858, the highest of any high school within the LAUSD system.20 The API score is a measure of the combined achievement and accomplishment of the entire student body. In addition, RenArts had a 100% graduation rate as well as a 100% passage of the California High School Exit Exam (CAHSEE). Both of these results are above those achieved at other LAUSD high schools as well as the average for the District. What conclusions can be drawn from these results? While it may be difficult to point only to the significant exposure to and involvement in music or dance for the students, it is certainly reasonable to deduce that this element is a contributing factor to their achievement. Are there others? Of course. The individual student, the size of the classes, the emphasis placed on education at home, the pressure to be involved and to succeed that is placed on students by their peers as well as the experience and background of the teachers are factors in attaining such impressive results. However, involvement in music, dance and the arts is most certainly a factor. 5.2 Inner-City Arts Founded in 1989, Inner-City Arts works in partnership with LAUSD to bring elementary and middle school students to their campus during the school day for instruction in the visual and performing arts. The number of students served annually has steadily grown over the years and now stands at 8,000 of the city’s most at-risk youths, grade K-8. Located in the heart of Skid Row, Inner-City Arts students are the children of the working poor. Most live at or below the poverty level. The campus represents an oasis where professional artists teach students in a real studio environment. As indicated in the Inner-City Arts literature, programs last 75 minutes and are held for LAUSD students who are bused in twice a week from nearby schools. Each of the various classes runs for 8 weeks and accommodates an entire class of students including the teacher from the “home” school. In 2001, Inner-City Arts received the prestigious Coming Up Taller Award from the President’s Committee on the Arts and the Humanities that recognized the contribution that the Center was making to the local community. As Bob Bates, the Co-founder said: “Our students are encouraged to explore and take risks. They learn to work with their strengths and limitations and mistakes are part of the creative process, merely road signs along a path of lifetime learning. By overcoming challenges, our students begin to recognize their potential in an ever-changing world.” 20 RenArts Bravo Award entry application. 2008-2009 Los Angeles County Civil Grand Jury Report 233 With the commitment and energy exhibited by the staff and attending students, it is not surprising that an evaluation of Inner-City Arts by the UCLA Graduate School of Education & Information Studies provided conclusive evidence that classes in which teachers and children actively participated side by side in programs scored dramatically better in math, reading and language arts on statewide standardized tests than children with no association with Inner-City Arts.21 It is also not surprising that studies show that arts programs, such as Inner-City Arts, help retain students and eliminate the achievement gap. Research has shown that the arts can play a uniquely transformative role for students who are having trouble achieving academically through more conventional means.22 5.3 Arts for All Established by the Los Angeles County Arts Commission (LACAC) on July 15, 2002, Arts for All has the mission to “bring about systemic change in the school Districts of Los Angeles County in order to implement comprehensive, sequential K-12 arts education for every public school student, adopting curricula in alignment with the State Board of Education-approved Visual and Performing Arts Framework and Standards” (emphasis added). The vision of Arts for All is to provide to every public school student in the County a high-quality education of which the arts are an intrinsic part. They recognize that such an achievement will: • strengthen a child’s academic growth and development • prepare a child to make a positive contribution to the community • ensure a creative and competitive workforce will be able to meet the economic opportunities of the present and the future A sequential curriculum is one that is cumulative, with each unit of learning building upon the previous one. This means providing “repeated exposure to processes, content, concepts, questions and the opportunity to solve increasingly challenging problems as skills grow.”24 The vision of Arts for All extends beyond sequential instruction to recommend art instruction during the school day be included in the budget of every County school district.25 21 Evaluation results showed student Stanford 9 scores increased 17.8% in reading, 8.3% in language arts and 25% in mathematics. “Title VII, Project ALL Arts for Language and Learning, 1998-2002”, April 2002, Funded by the U.S. Department of Education. Critical Links: Learning in the Arts and Student Academic and Social Development. Edited by Richard J. Deasy. Arts Education Partnership, National Endowment for the Arts and the U.S. Department of Education, 2002. Los Angeles County Regional Blueprint for Arts Education, published by LACAC, 2008. Arts Curriculum Framework web site, Mass. Department of Education, www.doe.mass.edu/frameworks/arts/1996/princ.html. Los Angeles County Regional Blueprint for Arts Education. 234 2008-2009 Los Angeles County Civil Grand Jury Report Arts for All was adopted by the Los Angeles County Board of Supervisors in 2002. At that time, the LAUSD arts education initiative, established in 1999, was already three years old. LACAC reports that in the nine years since the establishment of the LAUSD program, the forward movement shown in arts education in the District has been “remarkable.”26 In measure after measure, Arts for All reports progress in achieving its goals. Perhaps most importantly, the results achieved support the contention that “the importance of laying a firm foundation for sequential arts education cannot be overemphasized.”27 The report goes on to say that “the arts coordinator provides pivotal leadership to drive implementation.”28 5.4 Los Angeles County Office of Education (LACOE) LACOE is governed by the Los Angeles County Board of Education whose members are appointed by the Los Angeles County Board of Supervisors. While LACOE is driven, in large measure, to assist the 80 separate school districts within Los Angeles County in instituting the policies that are mandated by the State Board of Education, it is also involved in assisting districts in the implementation of the Federal mandates of the NCLB Act of 2001. NCLB mandates that all core subjects must be taught during the school day. For the first time, the arts were included in the list of core subjects, along with mathematics, history, science and English. Unfortunately, as school curricula become more impacted, school districts have relegated the arts to an after-school activity, thus reducing the effectiveness of the concept of sequential and continuous arts learning and exposure. In the 2006-2007 State budget a one-time block grant (AB1802/Chapter 79) of $500 million was dedicated to the Arts, Music and Physical Education. In addition, an annual block grant (AB1811/Chapter 48) of over $100 million was allocated to the Arts and Music. Both grants were distributed to school districts throughout the State. In addition to the state funds allocated for arts education, mentioned above, the Hewitt Foundation provided a grant to arts initiatives established by the California County Superintendent Educational Services Agency (CCSESA). The eleven art coordinator members of CCSESA are tasked with integration of the arts into the curriculum. It is therefore clear that the awareness of the importance of an arts education extends from the Federally mandated NCLB to the State of California as well as to the Arts Education Branch of LAUSD. 26 2008 AEPI. 27 2008 AEPI. 28 2008 AEPI. 2008-2009 Los Angeles County Civil Grand Jury Report 235 6.0 Conclusion – A Promise Worth Keeping “In 1999, the LAUSD Board of Education (BOE) unanimously passed a resolution to reinstate arts for all students in all grade levels, in all schools and in all four art forms (music, dance, theater and visual arts).”29 As mandated by the Federal No Child Left Behind Act of 2001, the California State Board of Education and the Los Angeles Unified School District Arts Education initiative of 1999, arts education must be an integral part of the curriculum for every student. Few can dispute the value of the inclusion of such an element as one of the core curriculum subjects, along with English, mathematics, science and history. Few would disagree that providing instruction in each of these core subjects on a regular, continuous and sequential basis is the appropriate mechanism for maximizing the opportunity for learning. With respect to arts education, study after study has shown that a continuous and sequential exposure is the most effective way of achieving benefits that go beyond the arts activity itself. Long-term longitudinal studies have clearly established the direct relationship between the introduction of arts education early in students’ careers with their ability to concentrate, to focus on learning, to achieve higher scores on standardized tests and to stay in school longer.30 Additionally, such exposure has other non-academic, long-term and positive effects on growth, maturity and involvement. Experience has demonstrated that those with such exposure vote and volunteer more often, learn to work collaboratively more effectively and get accepted to four-year post- secondary education institutions in higher numbers.31 The Wallace Foundation, a non-profit organization dedicated to expanding participation in the arts nationwide, recognized the proposed direction of LAUSD in 1999 with a $600,000 grant. This grant was awarded following the unanimous passage on July 22, 1999 by the LAUSD Board of Education of a resolution to “reinstate the arts for all students, at all grade levels, in all schools, in all art forms.”32 During the past 9 years, the vision of guaranteeing a student’s right to a comprehensive, coherent, sequential arts education has begun to be delivered.33 In response to this successful beginning, the Wallace Foundation has again agreed to a second grant of $600,000 to extend the original LAUSD vision for another 10 years beginning in September 2009. This extension clearly demonstrates the support and respect that the Foundation has for the efforts and success of the first 10-year program. The results of the first 10 years were achieved at LAUSD with the establishment of a dedicated, centralized Arts Education Branch. It is therefore important to continue to deliver the positive results throughout the District through the administration of a centralized vision, strategic plan, and management structure. Arts Education Branch Strategic Plan. Catterall, J.S., R. Chapleau, and J. Iwanaga. Catterall, J.S., R. Chapleau, and J. Iwanaga. LAUSD application to the Wallace Foundation for a second 10-year grant of $600,000. Wallace Foundation press release of October 28, 2008. 236 2008-2009 Los Angeles County Civil Grand Jury Report It is instructive to note that LAUSD continues to emphasize the importance of increasing the rate of passage of the CAHSEE, as well as the graduation rate for high school seniors and a reduction of the dropout rate for all grades. With the positive results that have been established by others through their independent, long-term longitudinal studies, the direct link between arts education and academic achievement has been proven. It is also clear that local activities involved in the delivery of intensive arts instruction support the direct link. “…the County is at a critical juncture in bringing back the arts to its schools on a truly systemic basis. In community after community, educators have demonstrated a commitment to restoring arts education in their school Districts, recognizing the vital importance of the arts in preparing students for the region’s creative economy. In the face of impending enormous state budget cuts, it is critical that local education leaders stay the course and preserve the foundation that has been built to support quality arts education. To do otherwise would be to deprive another generation of students of the well-rounded education essential for the economy of the future.” 34 34 2008 AEPI. 2008-2009 Los Angeles County Civil Grand Jury Report 237 2009 – A DECISIVE YEAR FOR ARTS EDUCATION AT LAUSD A Promise Worth Keeping FINDINGS AND RECOMMENDATIONS
F5
Page 268
1 The DCEO of the Children and Families Well-Being Cluster has been tasked with spearheading the CCMS effort. The results have not yet been presented to the Board of Supervisors for approval and subsequent implementation.
F6
Page 270
1 Differing views concerning the protection of individuals’ healthcare privacy rights and sharing information openly between agencies have been voiced. Information technology can offer a solution to this dilemma.
Recommendations 6
-
R1Page 2628 in Figure 1). 244 2008-2009 Los Angeles County Civil Grand Jury Report
-
R2Page 2621 – DCFS and DHS As direct electronic links between mHUB and myCSW software programs would violate the Statewide Automated Child Welfare Information System (SACWIS) regulations, DCFS and DHS should set up non-electronic processes for information-sharing (See
-
R3Page 2452.1 – LAUSD Board of Education The LAUSD Board of Education should reaffirm its 1999 resolution prior to the implementation of the second 10-year plan to provide a sequential arts education for all students, at all grade levels, in all schools, in all four art forms. Reaffirmation of the resolution will provide clear Board policy direction for LAUSD administration. The robust implementation of a second 10-year Plan would predictably result in additional significant increases in the number of schools meeting the directive that will hopefully lead to continued increases in meeting district-wide goals for both graduation rates and CAHSEE results.
-
R4Page 2681 – The County Chief Executive Officer and Chief Information Officer The CEO should mandate that the County CIO be included from the beginning in the development and procurement of all sophisticated IT systems, utilizing the CIO’s professional expertise with extensive cooperation from each user organization. There should only be very limited and specific instances, mandated by the County CIO’s office, in which user organizations may bypass CIO procurement services. The County CIO should work with the user organization at the beginning of the project development cycle to identify the respective roles and responsibilities to be assumed by the CIO and the user department staff. 5. The Comprehensive Case Management System (CCMS) A CCMS team involving representatives of 14 County departments has been formed for the purpose of creating a coordinated program for facilitating greater function and use of IT capabilities within the current legal impediments to cross-departmental information- sharing.
-
R5Page 2681 – DCEO of Children and Families Well-Being Cluster The DCEO should present the results of the coordinated CCMS effort to the Board of Supervisors as quickly as feasible for approval and implementation. 250 2008-2009 Los Angeles County Civil Grand Jury Report 6. Limitations imposed by legal restrictions A major factor confronting many County agencies that keep extensive computer-based records for youth under their care is that existing Federal and State information handling rules and privacy protection statutes actually are intended to prevent the release of patient information, except in special pre-approved circumstances. Only limited off-line, non-automated exchange and sharing of information through Multi-Disciplinary Teams is available. This is a time-consuming process requiring pre-coordination and significant paperwork. The standards for limiting information sharing have been set by several California and Federal statutes, as occasionally modified in Federal Court legal actions (see section 7.0 Katie A.) The dual purpose and effect of these rules and actions has been to provide guidelines for acquiring, processing, interchanging, and storing healthcare information while protecting the privacy of persons receiving care. The key statutes affecting personal privacy and information-sharing are described below: CAPTA The Federal Child Abuse and Prevention Treatment Act (CAPTA) requires child protective services to refer children aged 0-36 months, who are victims of substantial child abuse or neglect, to Early Intervention Services. In order to provide services to these children, DCFS has coordinated this referral effort between Regional Centers, medical HUBs, and the Department of Mental Health (DMH) to screen these children for developmental or mental health problems, and then refer them as needed to Regional Centers for necessary care. This process, and the necessary coordination between these agencies, is carefully done so as to ensure both the confidentiality of these minors’ personal information and of their care and safety, as required by two other statutes, HIPAA (Health Insurance Portability and Accountability Act, and CMIA (California Confidentiality of Medical information Act). HIPAA HIPAA was enacted by the U.S. Congress in 1996. According to the Centers for Medicare and Medicaid services (CMS) website, HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs and requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. It helps patients keep private the personal health information they have submitted to insurers. Other provisions address the security and privacy of health data. The idea is that, if individuals know that personal health information submitted to their insurers is carefully managed and protected, they will be more willing to submit that information. Thus HIPAA both encourages and supports electronic patient care information-sharing but only if rules for protecting patient information are followed. CMIA The State of California, in 2007 and 2008, implemented AB 1687 and AB 2352. This legislation is intended to deal affirmatively with health record-keeping and processing under HIPAA and CMIA. These statutes state that there are no legal barriers preventing a health or mental health care provider from disclosing medical information 2008-2009 Los Angeles County Civil Grand Jury Report 251 to a County social worker, a probation officer, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating the provision of healthcare services to the minor. This form of disclosure, however, must be recognized as being different from giving social workers unlimited, on-line access to a minor’s complete electronically stored medical history files. Such on-line access is still prohibited by law. SACWIS and CWS/CMS DCFS is required to utilize California’s Child Welfare Services/Case Management System (CWS/CMS), an automated database system that contains all case-related information on each DCFS client, as its sole electronic system for child welfare case management. CWS/CMS users are mandated to comply with the rules of the Federal Statewide Automated Child Welfare Information System (SACWIS) because California received Federal funding to create and maintain the CWS/CMS system. Consequently, if the Federal government determined that the County’s management and handling of CWS/CMS records was not in compliance with SACWIS requirements, Federal funding could be disallowed. SACWIS rules include prohibition of many information-handling activities, including, but not limited to, prevention of the utilization of competing data systems, duplicative data entries into more than one system, and duplicative functionality. Consequently, if a County department ,such as DCFS, were to create a centralized database (in addition to CWS/CMS) which housed the same detailed client information as does CWS/CMS, and was accessible at one or more levels of confidentiality to all DCFS employees, it could be deemed a competing system by the Federal government and thus violate SACWIS. One methodology successfully employed by the County which does involve cross- departmental information-sharing (although not on-line sharing) is the use of “Multi- Disciplinary Teams” composed of health and other professionals assembled from several departments to plan health diagnosis and treatment of juveniles under County care. These teams meet and use health information on specific individuals extracted from multiple databases to plan the minor’s care. This kind of information-sharing is legally permitted because it does not require cross-departmental electronic file access by County personnel. Each health professional accesses only his or her own database.
-
R6Page 2701 – DCFS, DHS, DMH and DPH To the extent permitted by law, DCFS, DHS, DMH, and DPH should provide skilled healthcare professionals access to a youth’s healthcare information regardless of the department in which the information was originally obtained. However, such access should be limited to those personnel who have been provided confidential user names and passwords. Requiring the use of user names and passwords for maintaining 252 2008-2009 Los Angeles County Civil Grand Jury Report