Does the Goleta Unified School District feel that they are above the law and have authority to violate a student’s civil rights under IDEA [Individuals with Disabilities Education Act]? There are federal laws that specifically outline the rights of parents to be involved and participate in the creation of any IEP [Individualized Education Program] or placement plan for their child whether the IEP is in emergency times or not. I would like to draw attention to the fact that with the order for the schools to close there were no waivers given to the rights granted under IDEA, therefore to create an IEP or placement plan without involving the parents or to change their services without indication of what services are to be changed is a violation of the students civil rights under IDEA. The district cannot strip parents of their rights to have active involvement in the educational plan or placement for their child.
Secondly, we are now in the third week of school and no one has provided any IEP or description of service changes to us or even a letter describing what my child’s services are to look like. In fact, when asked to schedule an IEP meeting, I told them that I object to them making any changes to my son's current IEP service provisions and that he already had an IEP meeting at the end of last year. I would like to remind the district that they should tread lightly where a disabled students civil rights are concerned, in particular where a parent’s right to advocate for their child is being denied. The GUSD is not above the law, and the federal provisions provided for under IDEA have not been waived nor repealed. I personally find this letter offensive and misleading to those parents who are not as familiar with the special education laws and their rights provided under these laws.
I would like to know why GUSD has decided to not follow the guidance given last week by Governor Gavin Newsom stating that the schools should reopen only for specific populations of the special needs communities and certain at-risk youth. These are the most vulnerable members of the entire student population who are at risk of serious regression or in other cases worse. What’s more upsetting is that the school has an obligation to protect children and report incidences of suspected abuse or neglect in normal times however they don’t’ feel obligated to provide in-person instruction to at-risk students who may be at greater risk of abuse and neglect during a school shutdown? This was also provided for under the guidance issued by Newsom on August 24.