NATIONAL EDUCATION ASSOCIATION--
NEA reports that 7th Circuit Court of Appeals in Chicago has granted Milwaukee Public Schools a stay on US District Court Magistrate Judge Aaron Goodstein’s June 9th ruling requiring Milwaukee Public Schools to identify all students who may be eligible for special education services from September 2000 to June 2005. The schools had appealed the ruling as “too broad and too costly to implement”.
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The Milwaukee Journal Sentinel (8/28, Richards) says the most recent action is “hitting the pause button on the case." Now the schools and Disability Rights Wisconsin will argue their positions in front of the 7th Circuit Court of Appeals in a series of written briefs and, most likely, oral arguments.
RELATED:
Milwaukee Judge Orders Compensatory Special Education
http://blogs.edweek.org/edweek/speced/2009/06/milwaukee_judge_orders_compens.html
MPS Wins Reprieve in Special Education Lawsuit
http://www.jsonline.com/news/milwaukee/55980517.html
25 comments:
Shame on the Milwaukee Public School system for obviously showing discrimination to their students with disabilities. Identifying students that require special accommodations would be very beneficial not only to the students with respect to their academic requirements but also their self-esteem and for many of their concerned parents. Although it may be somewhat time consuming and may also be costly this would assist the students thus enabling them to look forward to school and the classes they are taking. Parents that have children with disabilities in the Milwaukee Public School District should take this as a serious concern.
Amy G.
Sometimes I wonder how our elected officials make some of their determinations! I lived through racial discrimination in my school during the 60's...not cool, but let's get real, here we are in the year 2009, and discrimination is still going on strong. I agree with Amy, parents do need to stand up and speak up for the rights of their children. We need to advocate for children with disabilities and help educate their parents on the choices that are available so that the "no child left behind" law is exercised...as the saying goes, "where there is a will, there is a way". Through the special education department, our government allots monies for children with disabilities so that the education is not hampered, however; as we have read in this posting, school systems still manage to shortchange and find shortcuts (excuses) to cheat a child, simply because of a disability. Funny how some of the extra curricular activities never seem to be short of funds...hummmm?
Norfy G.
Milwaukee public school lets us see clearly that discrimination is very much happening today this could of been something productive for the students and their parents. It is time-consuming but the benefits outweigh the time spent. EG
Basically, Milwaukee Public Schools have to find students between 2000-2005 that did not receive services that they were entitle to and attempt to make it up to them somehow. Yes, this will be a lot of work, and who knows if a right can be wronged in this case, but not trying because it is too much leg work is the wrong attitude to have on those affected. Again,we cannot assume that school districts always do the right thing, parents have to be involved and systems have to be in place to not let studnets fall through the cracks. I am sure they recieved funding in 2000-2005, but services were not delivered.
Cindy V.
"The original lawsuit was brought by Disability Rights Wisconsin in 2001 and alleged that MPS systematically failed to identify and serve students who may have been eligible for special education services." is a quote on the jsonline link. I think is hhorrible to have this going on, and for legislators to stall on such crucial time is unbelievable. I'm wondering why parents or educators haven't pushed this, and how they were being able to keep services from human beings that needed them...
-angela r. bazaldua
If I have learned anything it is that we all make mistakes, however, what sets us apart is our acknowledgement of our wrong and our ability to make it right. I don’t understand people sometimes; how can something as important as correcting the wrong done to children be too broad or too costly. The parents of these students are tax payers as well and if their money should have gone toward their son’s or daughter’s education, then ever effort should be made to find them. I agree with Norfy that some extracurricular activities never seem to run out of funds. Why should one activity be given more importance and if so shouldn’t the funds to help children with disabilities be much more important than a sport or club? These funds are giving to the schools to provide children with disabilities a free and appropriate education. These children were wronged and the Milwaukee Public Schools should take every measure to finds these kids and make it right.
Noemi Rodriguez
If I have learned anything it is that we all make mistakes, however, what sets us apart is our acknowledgement of our wrong and our ability to make it right. I don’t understand people sometimes; how can something as important as correcting the wrong done to children be too broad or too costly. The parents of these students are tax payers as well and if their money should have gone toward their son’s or daughter’s education, then ever effort should be made to find them. I agree with Norfy that some extracurricular activities never seem to run out of funds. Why should one activity be given more importance and if so shouldn’t the funds to help children with disabilities be much more important than a sport or club? These funds are giving to the schools to provide children with disabilities a free and appropriate education. These children were wronged and the Milwaukee Public Schools should take every measure to finds these kids and make it right.
NoemiR.
Milwaukee public school lets us see clearly that discrimination is very much happening today this could of been something productive for the students with disabilities and their parents. I do agree with Amy that this could be very costly and time consuming but the benfits outway this. The students would pick up their self-esteem. It's about time to revamp the public school system into a place of learning instead of a babysitting place for children with disabilities.I also agree with Amy on the fact that parents should take this matter serious consideration. Parents make the children best advocate. Yes, discrimination was really strong in the 60's as Norfy stated now in the 2000 it is still going on just better hidden.I really like Noemie's point about the parents being taxpayers so the money there own money should be used for this.They are not asking for the impossible. I wonder if this money would be for some other school activity would it be treated the same way. ELDA
How can we be in the 21st century, in an era where we as a country elected a president who is black, and still have this type of discrimination going on. Where was the administration of Milwaukee Public Schools? Why did this problem slip through the cracks? I have so many questions as to how this could have happened. I agree that it will end up costing MPS more money the longer they take to take act However, some of the damage might be irreversible to the students. The damage has already been done no amount of compensatory education will amount to the time lost, in which these individuals could have been productive to society. As a society we need to advocate for individuals with disabilities. In the end not only are these individuals affected but so is our society as a whole. Decreased productivity already effects this country double fold when it comes to people with disabilities. We need to take responsibility for giving everybody a good education. Sometimes equal does not mean fair, these students needed to receive a special education that was suited to their learning needs.
How can we be in the 21st century, in an era where we as a country elected a president who is black, and still have this type of discrimination going on. Where was the administration of Milwaukee Public Schools? Why did this problem slip through the cracks? I have so many questions as to how this could have happened. I agree that it will end up costing MPS more money the longer they take to take act However, some of the damage might be irreversible to the students. The damage has already been done no amount of compensatory education will amount to the time lost, in which these individuals could have been productive to society. As a society we need to advocate for individuals with disabilities. In the end not only are these individuals affected but so is our society as a whole. Decreased productivity already effects this country double fold when it comes to people with disabilities. We need to take responsibility for giving everybody a good education. Sometimes equal does not mean fair, these students needed to receive a special education that was suited to their learning needs.
-Bibiana Medina
Is very sad to hear the Milwaukee Public Schools puts a dollar sign on this new program for student with disabilities. The potential benefits that students would get throw out the program should not be narrow down to money. Identifying students with disabilities will allow the school to meet the students’ necessities in regard to academics and accessibility. Student with disabilities are part of the community therefore they deserve the same opportunities as the rest of the population. In my opinion, it sounds like discrimination; the school districts are denying the services by stopping the program and giving out excuses. Hopefully stopping the process of this new approach will only attract more attention to the situation and maybe the situation may change.
Mariana G.
The fact that the simple request to requiring Milwaukee Public Schools to identify all students who may be eligible for special education services would be stated to be “too broad and too costly to implement” is disappointing and of embracement for them. I wonder how many children are being denied their equal right to an adequate education since IDEA was implanted. The Individuals with Disabilities Education Act is a United states federal law that ultimately governs how states provide special education and other related services because it address the need of the children. Since all the educational entities that receive federal funding have to comply with this law I wonder if any holds are being placed on government funds to the Milwaukee Public Schools. Even if it does cause economic distress to the school district imagine the impact of the economic crisis if these students are not given a free and appropriate public education to prepare them for employment and careers. This is the very thing that should unite all advocates because it is affecting children and their future. Gloria P.
Yep you have that right Amy! Shame on Milwaukee Public School system...but actually in working with various school districts i have to say SHAME ON ALOT OF SCHOOL DISTRICTS! For those of us who have ever worked in the field of special education we are very aware of the dis-service special educaiton can be for many of our children and its sad. It's sadder that the more you try to advocate, the more enemies you make especially with some, and again i say some administrators who soley care about hiding our troubled kids and state test scores. So many of our children are not getting the true services they need and their IEPs are not being implemented the way they should be. I am glad to see it is catching up to some states and actually i take that back i think that is why the state is implementing so many rules and regulations to ensure that children are not short changed.
adriana correa
I agree with everyone that the Milwaukee Public School system should be required to identify students who may require special accommodations. However, it is not only Milwaukee that should be required to do this, it is every school system in the nation.
This legislation would set a precedence for other School Districts to follow, and would result in students with disabilities finally getting the assistance they deserve.
By the way, I just posted as "anonymous" without leaving my name! I am Sylvia Morales. Sorry!
Most of the blogs I have read on this topic are right. Milwaukee Public School is obviously discriminating their students with disabilities. Being a student in school is tough enough and then have a disability can make it harder. The students that required special accommodations should have received the help they needed. Parents that have children with disabilities in the Milwaukee Public School District should take this as a serious matter. Parents need to stand up for their children and speak up for them. Every child has a right to be heard. Parents can’t always trust school districts to do the right thing, when it comes to administration it’s a lot of politics. Your right Norfy when it comes to other extra curricular activities they always have enough money like FOOTBALL, my son plays right now and WOW new uniforms they supply shoes and everything!
Tanya ;o)
does anyone know how, where can I find Attorney for the East coast-based Elise T. Baach?
“Too broad and costly”….. It’s unbelievable that in this era and in this country we still find this kind of attitudes toward children with disabilities.It is hard to digest that the Milwaukee public system is openly discriminating children with disabilities. It is a clear example that even though there are laws that protect people with disabilities of discrimination and mandate equal opportunities for them, these laws are not completely working. The laws exist and on the surface society accept them. However, this case shows that there is still much things to do to reinforce them. I hope that parents and people concerned with the education of children with disabilities had advocated for the kids, and that administrators and politicians behind this case had been exposed.
Irma Corbi
When situations like this occur it really makes me wonder what the heck have we been fighting for all this time! Even though it might not seem like it is but discrimination is still going on as strong as it was 30 or 20 years ago. It is funny to think that no impact has been done to this public school in Milwaukee. After all most of the violence comes from some sort of discrimination, I guess they have no violence in their city. PLEASE! I don’t think they still do not see what potential some person with disabilities have and all they need a little help from someone to discover that potential. But then again where are the parents when situations like this happen? Like Amy mentioned parents need to also be advocate for their children and stand up and speak for their children’s rights.
Crystal Sanchez
As I began my research on the MPS District, I began to realize that this was not about money.
According to the Superintendent’s proposed budget for the 2010: There will be a 3.59% increase for all certified administrators.
http://www2.milwaukee.k12.wi.us/portal/FY10-Overview.pdf
After spending time on the District’s impressive web page, I realized that the District is plagued with other failures including: numerous school closures, incomplete Campus Plans, and misguided goals.
For example, the District has failed to meet Adequately Yearly Progress (AYP) for FIVE YEARS and is not in compliance with Title 1 as per No Child Left Behind (NCLB).
2004-2005-missed AYP
2005-2006-missed AYP Level 1
2006-2007-missed AYP Level 2
2007-2008-missed AYP Level 3
2008-2009-missed AYP Level 4 (This is the last level)
As a result, the District was ordered to create a DIFI plan. This plan shockingly outlines the District’s lack of progress and misguided priorities.
http://mpsportal.milwaukee.k12.wi.us/portal/server.pt/gateway/PTARGS_0_2_3754_335_0_43/http%3B/www2.milwaukee.k12.wi.us/port/docs/CommunityRpt-08.pdf
*In 2009, the will BEGIN to develop a District wide curriculum aligned to the state standards. (What have they been using all this time?)
*Introduce new a curriculum for the Special Education classrooms. This is mentioned one time in the DIFI brochure. However, it is surprisingly missing from the actual plan! There no given date for implementation and no mention of this “new curriculum” in the Superintendent’s budget.
*They hope to increase Media Impressions to 80% favorable and proactive. (The District is paying a firm to conduct surveys three times a year!)
On a campus level, the discrepancies continue. For example, the campus plan for the Harold S. Vincent High School in the area of IDEA Compliance is incomplete. (I have worked on Campus Plans for the past several years. It is unacceptable to leave sections incomplete.) This school did not provide strategies, review dates, or responsible leadership.
http://sip.milwaukee.k12.wi.us/pls/apex/f?p=166:6010:4232630763317340::NO::AI_SECTION,AI_SUB_SECTION,AI_COMPONENT:SUPPLEMENTAL%2CCIFM%2CSUMMARY&cs=304168DDC2AC5360B6BB60474F928C0F8
In the end, the District's chronic disregard for the Special Education Legislature in the areas of planning and budget created the issue of not identifying students who might qualify for special education services.
It will be interesting to see what happens when the District’s time runs out in the court proceedings. If the District is ordered to “pay up,” I suggest that the budget for lawyers, certified administrators, and the PR firm be cut.
B. Ramirez
REHS 6300
You know how they say that all children have the right to an education, well Milwaukee School Districts apparently don't. They should be ashamed for doing this, School districts generate a whole lot of money, and they cannot find the economic resources to accommodate children with disabilities, wow, just amazing in how ignorant they are. Miguel Garza
I can’t believe that the Milwaukee public school system did that, discrimination is something that has been going on for a long period of time its just very sad to see that it’s still happening today and the people discriminated on were children with disabilities. I think that everyone deserves equal rights and those children deserve to know if they are eligible for special education so that they can start receiving the services that they need.
Blanca Perez
I think it will be difficult to identify and track down the former students that required special education in the Milwaukee School District between the years 2000 thru 2005. If they do find all the students, how will each one get compensated for their lack of supportive academic education? I assume it must have been a difficult time (for those students) trying to keep up with your homework and ‘fit in’ when you have a learning disability or require special education. Education might have been a major challenge for them and they should be compensated in terms of grants or scholarships for continued education or the vocational rehab program. School districts need to be more careful when they assess students because a case such as this is just a lawsuit waiting to happen.
C. Cardona
This situation is hard to look at because of the fact that involve students with disabilities the court magistrate judge that required the Milwaukee public school districts to identify all students may be eligible for special education was right in her ruling from my point of view. We’re looking from the other side to Milwaukee public school has to maintain a budget and in doing so students with disabilities suffer, winning the ruling to put a hold on the process of identifying all the students until another judge will hear it was milwaukee’s public schools way of trying to defer the costs. The ultimate fault of this doesn’t live with the schools but identifies a much larger problem of our state and local governments. Federal funding and state funding is not always enough to provide all the services for their students, so the school system is forced to pick and choose who they are point to help. This is how individual students with disabilities and up losing out on their education benefits.
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