After a judge ruled against their motion to intervene in a class-action lawsuit, two parents who oppose the Los Angeles Unified School District’s (LAUSD) recent special education policy changes have filed an appeal.

The parent of a Fairfax High School student claims her son, who has special needs, was not placed in a proper learning environment. (photo by Edwin Folven)

A lawyer representing the parents — Mina Lee and Frances Moreno — filed their opening brief at the end of August. They are looking to challenge several LAUSD policies related to an ongoing court case that led the district to further integrate students with special needs into general education classrooms.

“We think the judge in that case ignored the fact that we did not learn of the [severity of the] problem until August of 2013,” said attorney Eric Jacobson, who is representing Lee and Moreno.

The court case — Chanda Smith v. LAUSD — was settled in 1996 after parents alleged that the LAUSD was depriving special education students from their right to an education, according to the ACLU.

Through that settlement, the district entered into the Chanda Smith Consent Decree, which spelled out implementation plans ordered by the court. In the early 2000s, the decree was modified.

Among other things, the Modified Consent Decree calls for students with disabilities to receive more instructional time in general education programs with the necessary supports and services.

In an effort to comply with the decree, the LAUSD merged some special education schools with nearby or adjacent general education schools. That was the case with Frances Blend School, a school for the visually impaired, and Van Ness Avenue Elementary School.

Prior to the implementation of the mergers and other special education policies, some parents of students with special needs expressed concerns that their children would be thrust into a traditional classroom with lesser support and fewer services.

Now, some fear that their concerns have become their reality, said Joy Efron, the former principal of Frances Blend who is now advocating on behalf of the concerned parents. She said some of the parents do not speak English.

In addition to depositions given by affected parents, Efron also relayed the story of Lee’s son, Seung, a deaf and blind student who was reassigned from Frances Blend to Fairfax High School in June 2013.

She said Seung was placed in a special day class for moderately handicapped students — none of whom are visually impaired — with a teacher who has no experience with blind or deaf students. Efron said all of the coursework was visual and auditory.

The former principal provided an e-mail written by an unnamed district staffer, who wished to remain anonymous for fear of retaliation, that states Seung was placed in a music class and a physical education class that is mostly dedicated to basketball. Eventually, the music teacher asked that Seung not attend, according to the e-mail. According to the staff member, the environment was not suitable for a student with disabilities such as Seung.

“In my opinion and in my forty-two years of experience in special education, I have never seen anything so cruel perpetrated by a school district against a defenseless student with profound needs,” Efron said.

A district representative said LAUSD officials could not make any comment about a specific child with special needs.

Throughout the process, LAUSD officials have contended that further integrating students in special education to general education classrooms will be of benefit to all involved.

“There will be support there,” Sharyn Howell, executive director of the LAUSD’s Division of Special Education, said in a previous interview. “Everything that a student can get at a special education center, they can get those things elsewhere.”

At the time, she said it doesn’t matter what school a student goes to; he or she will still receive the same quality of education.

“I think that’s a great asset and strength of this district,” Howell added.

She has also stressed that parents have due process rights if they do not agree with the district’s proposed placement. Opponents have claimed that the district is pressuring parents into agreeing with the district’s placement suggestions, but Howell said those claims are “absolutely not true.”

In contrast to the district’s claims that it is following the law, the motions filed by Lee and Moreno allege that the LAUSD violated the decree by not offering special schools as part of the curriculum. It also alleges that the district ignored individualized education plan (IEP) requirements and intimidated IEP teams. District officials have denounced the allegations.

In February, U.S. District Court Judge Ronald Lew ruled against Lee and Moreno, as well as another parent group that is challenging the district’s special education policies. Jacobson said the ruling was largely based on timeliness, although the parents’ motions were filed shortly after they found out about the policy changes.

He said an appeal was filed at that time, and he filed an opening brief at the end of August. He anticipates the next court date occurring in several months.