06/21/2005: "SJI School District Settlement Is Released"

The Island Guardian has received a copy of the settlement agreement between the SJI School District and the parents of the child who is at the center of the agreed settlement. The three page document sets out the terms of the settlement, listing the amounts of money the District has agreed to pay the parents and the child; as well as the agreed to monthly payments necessary to provide the housing, care and education of the child. The copy is a redacted copy, blocking out the names of the parties, to provide the anonymity that State law requires.

Due to a poorly written state law, the child cannot receive the confined care that the student requires in order to receive the education that State law requires (See former story: "$162,000 Unexpected Yearly Expense For School". As a part of the settlement, The District will reimburse the parents $23,000.00 that they have spent for past educational expenses for their child, and the District agreed to take over the monthly expenses of $13,500.00 a month for the out of state costs for the care and education of the child. An important part of the settlement is the District agrees to continue to pay the monthly costs so long as the student's parents are residents within the School District; which is to say, they must reside on San Juan Island.

The agreement provides certain advantages to both parties. For both the parents and the District, the disposition of the matter is now known to all parties without the continued outflow of additional expenses to the attorneys -that are always at hand, to lend a hand- for resolution of the dispute. This in itself will save money for the District. However the case could become alive again in the future, if either party believes conditions have changed, or have been changed. With respect to the money, as previously reported in The Guardian, the District will apply for so-called Federal "Safety-Net" funds to help offset some of the expenses to the district.

The Federal funds are appropriate, in that it is a 25 year old federal law -known as IDEA (Individuals with Disabilities Education Act)- in conjunction with the problem in our state law, that has caused a financial drain on local school districts; no matter their size or affluence. Some districts have filed bankruptcy as a result of the financial costs necessary to pay for the education of a student that qualifies under the IDEA law. If a number of parents with disabled children were to move into a school district, and if the federal government does not step up to the plate with money to fund the un-funded mandate, then the students in the effected district may be impacted by budget cuts.

The following is a press release from the District that attempts to answer some of the questions that have arisen from the settlement agreement:

Press Release from SJI School District:

Special Education Residential Placements
Questions and Answers

If this is a settlement agreement, what was the dispute?

The student was placed in an out of state residential placement by the parents who are residents of San Juan Island. At dispute was whether the student remained a legal resident of the San Juan Island School District, and whether it was the District's responsibility to pay for these out of state educational services. In Washington State school district residency is established by the student's residence the "majority" of the time during the week.

Why did the school district agree to mediation?

These cases are very expensive to try, often involving days of hearings, expert witness fees, pre-hearing depositions, etc., which do not provide any educational services to a student. The administrative law judge assigned to the case requested that the District and the parents consider mediation to resolve the residency dispute.

Who is at fault here?

No one. The parents have exercised their right to secure a free and appropriate education for their child. While the District initially challenged the residency issue, it became apparent that under IDEA the student had a legitimate right to the out of state placement. However, Congress and the State Legislature are responsible for fully funding the legislation that mandates these rights and services to disabled students. This mandate is significantly under-funded and leaves local school districts with an incredible financial burden.

So, what was the settlement?

The District agreed that the student would be treated as a resident of the District, because requiring the student to return to the District (to conduct further assessment) was not in the student's or the District's best interest. There was a demonstrable need educationally and legally for the placement requested and there were no comparable programs available in Washington State.

What is the District's responsibility for serving special education students?

Federal law, the Individuals with Disabilities Education Act (IDEA) requires districts to provide the special education services necessary for a student to benefit from a Free and Appropriate Public Education (FAPE). Individual student needs are determined through an assessment process and an individualized education plan (IEP).

Why does the District have to pay for 24 hour residential care?

IDEA requires that such services be provided when they are necessary for a student to benefit from a public education.

Why is the residential placement out of state?

Washington generally lacks public and private residential educational facilities to serve students in need of such services. The facility in question meets the student's needs and no comparable, less expensive facility was available in Washington, One of the reasons our State lacks adequate residential schools is that our state law does not allow children to be held in residential facilities, unless such a placement is ordered by the court. However states such as Idaho, Utah and Oregon do allow children to be held in residential facilities for educational purposes.