Community
Complaint Filed Against Oakland Unified for “System-wide Violations of Rights of Children with Disabilities”
Disability Rights of California has filed a complaint against the Oakland Unified School District (OUSD) on behalf of the district’s special education students, alleging that “OUSD’s policies and practices result in system-wide violations of the rights of children with disabilities under the federal Individuals with Disabilities Education Act (IDEA),” according to the nonprofit agency.
“Weare moving forward. We asked the state for a mediation process to resolve the complaint, and the state has assigned a mediator,” said Maggie Roberts, associate managing attorney at the disability rights agency, which receives federal funding to advocate for the rights of people with disabilities.
The agency is representing 10 named students with disabilities and a class of all special education students in the district. The complaint was filed in March with the California Department of Education.
The complaint alleges systemic failures that include not providing qualified staff; not offering special education programs and services based on disability related needs; and not providing or even budgeting funds to provide individualized accommodation such as curriculum modifications and behavioral supports to students with disabilities in general education classrooms.
In addition, the district is not meeting the needs of Limited English families, lacking staff to provide interpretation and translation services to non-English language proficient parents, who receive documents and notices in English rather than their primary language;
Further, the district has failed to provide students with mental health or behavioral needs services in the required least restrictive setting and instead placing them in segregated environments, according to the complaint.
The complaint also says OUSD’s systemic noncompliance with IDEA has a disparate impact on students of color, especially Latino students whose families are not proficient in English.
Of 5,074 OUSD students in Special Education, 1,880 are Latino, and 2,072 are African American. Together, they make up they make up 78 percent in the district’s special education program.
According to the state, about 10 percent of California students receive special education services. Most common are specific learning disabilities, such as reading difficulties, which are connected to students falling severely behind in their classes. Second most common are speech and language impairments.
One of the named complainants, TA, is a nine-year old boy in the third grade with a developmental disability. Because OUSD did not provide TA with any services for the first seven weeks of this school year, and did not implement his legally required Individualized Education Program (IEP) during the last school year, TA’s mother requested a hearing, the complaint said.
As a result, OUSD agreed to provide the needed services. Four months later, it still has not provided TA with agreed upon services, including behavior support services, individual speech therapy, or a one-to-one aide in his classroom.
Instead, OUSD wants to move TA from his school and place him in a segregated nonpublic school, which would be his eighth placement since preschool, the complaint said.TA’s mother is frustrated by the district’s failure to assist her son, the complaint continues, quoting the child’s mother.
“My son has fallen far behind in school, and his behavior problems have gotten worse. Four months ago, the OUSD finally agreed to provide TA with all of the services he needs. OUSD is still not providing my son with what was agreed to. I don’t know what else to do to get the school district to give my son what he needs.”
According to Roberts, attorney at the agency, Disability Rights California usually files complaints on behalf of individuals. However, in this case, OUSD has long-term violations that are systemic, and district fails to implement changes even after hearings where they promised to institute remedies.
“This is unprecedented,” said Roberts in an interview with the Post, explaining that the agency has asked the state to become involved.
“The state (Department of Education) is ultimately responsible for implementing federal and state laws, and we wanted to make sure the state is aware, that even when cases went to complaint, OUSD didn’t implement settlement agreements.”
Roberts continued, “This is a problem that has been around for a long time. They have found ways to limit the programs. They do not offer services or have plans in place to deliver services.”
As a result of failure to offer adequate services, many of Oakland’s special education students drop out of school or barely graduate. “Many don’t go on to college or community college because they’re not equipped for that,” she said.
There are special education programs that exist, which OUSD could offer, that provide the latest computer technology and teachers equipped with up-to-date teaching methods.
In these programs, children of parents – particularly more affluent parents – do better in school and often go on to college.
“If the state does not do something to do to fix (these issues), and the district doesn’t do anything, then we will we will consider litigation,” said Roberts.
OUSD is well aware of these issues, she said. A 2013 report commissioned by OUSD found widespread deficiencies in its special education program, and is available at www.ousd.k12.ca.us/SpecialEdAssessment
A copy of the complaint is available at www.disabilityrightsca.org/advocacy/documents/VariousComplianceComplaintToCDEMarch162015.pdf
Arts and Culture
San Jose Jazz Fest ‘24: Fun, Food and an Unforgettable Frankie Beverly Farewell
SAN JOSE — The sounds of summer echoed through the heart of town during the 3-day-long San Jose Jazz Summer Fest 2024, held Aug. 9 – 11. Multiple stages hosted a variety of iconic performers such as Incognito; local favorites like Tia Carroll; and trailblazers such as Herbie Hancock. Guests enjoyed dozens of vendors featuring art, gifts, and clothing. Tasty bites included flame-grilled barbeque, seafood and a variety of desserts
By Carla Thomas
SAN JOSE — The sounds of summer echoed through the heart of town during the 3-day-long San Jose Jazz Summer Fest 2024, held Aug. 9 – 11.
Multiple stages hosted a variety of iconic performers such as Incognito; local favorites like Tia Carroll; and trailblazers such as Herbie Hancock.
Guests enjoyed dozens of vendors featuring art, gifts, and clothing. Tasty bites included flame-grilled barbeque, seafood and a variety of desserts.
Oakland entrepreneur Ava Carrie and several friends said it was great to get out, enjoy the sun and hear great music. “This is a wonderful festival and just a great time with friends,” said Carrie.
Festival goer Cin-Dee said she flew in from Virginia to celebrate her birthday in the Bay Area. She was saddened that she missed Frankie Beverly’s farewell tour that kicked off in March when he performed in her area on the east coast, capping a 50-year career. When Cin-Dee noticed Maze would feature Beverly in the line up at the San Jose Jazz Festival, in a tribute to him, she made sure to cut short her touring of Santa Cruz to not miss the performance on Sunday evening. “I am so happy to be here and have this opportunity to see Frankie with Maze,” she said, dancing to the music. “This is really special and it’s great to see Frankie on stage and hear my favorite songs.”
Maze performed favorites in tribute to Beverly while introducing their new lead singer, Tony Lindsay. During the last stretch of the concert, Beverly performed, “Happy Feelings,” and “I Wanna Thank You.” The performance was emotional for Beverly as the audience stood up and danced during the entire performance, capturing the historic moment on their cell phones.
Maze was founded by Beverly in 1970 in Philadelphia and was recognized by Marvin Gaye when they relocated to the Bay Area in 1971. The group went on to earn nine gold albums between 1977 and 1993 with mega hits such as “Happy Feelin’s” and “Before I Let Go.” Beverly, known for his soulful baritone voice, wrote hit after hit during his five-decade career. Beverly said he was initially inspired by the pacesetting R&B doo-wop group Frankie Lymon and the Teenagers.
Performances at the San Jose Jazz Summer Fest also included the John Santos Sextet, the San Jose Jazz High School All Stars, Faye Carol, Delfaeyo Marsalis and the Uptown Jazz Orchestra, David Benoit Quartet, Andre Thierry Accordion Soul, Ayo Brame, The Family Stone, and the Spanish Harlem Orchestra.
Bay Area
Advocates Hold Rally to “Issue a Citation” to City to Stop Homeless Encampment Sweeps
Advocates in San Francisco held a rally Thursday afternoon in front of City Hall to issue a symbolic citation to Mayor London Breed, urging an immediate end to the sweeps of homeless encampments in the city. “What do we want? Housing! When do we want it? Now!,” the group chanted. The group of allies and advocates originally intended to start their rally off on Jessie Street, where a sweep of an encampment was going to take place around noon. But, the group had to change their plans because the city allegedly heard about the rally and chose to sweep the area earlier in the day.
By Magaly Muñoz
Advocates in San Francisco held a rally Thursday afternoon in front of City Hall to issue a symbolic citation to Mayor London Breed, urging an immediate end to the sweeps of homeless encampments in the city.
“What do we want? Housing! When do we want it? Now!,” the group chanted.
The group of allies and advocates originally intended to start their rally off on Jessie Street, where a sweep of an encampment was going to take place around noon. But, the group had to change their plans because the city allegedly heard about the rally and chose to sweep the area earlier in the day.
The streets adjacent to Jessie St., such as Mission and Market St, are lined with multiple encampments and unhoused individuals. Many stand in groups or walk along the streets by themselves.
One member of the group, Leah, said she lived in District 6 and what politicians claim is an “open drug market” area. She criticized the extra funding that has gone to the San Francisco Police Department to “solve homelessness” but no positive results have been shown.
“If giving the police more money actually solved the housing crisis, the homelessness crisis…then it would’ve gotten better, but it has actually just been getting worse and worse as more services for poor people have been cut,” Leah said.
Other speakers said the problem with sweeping and citing people for living on the streets is that the homeless problem is being exacerbated, and it’s ultimately not helping those who are struggling.
In order to help alleviate the problem, advocates have called for expansions to permanent supportive housing, resources and services, housing vouchers, and rent relief for struggling residents.
According to the 2024 Point in Time Count, 8,323 people were experiencing homelessness in San Francisco. A seven percent increase since 2022 where there were 7,754 sheltered and unsheltered homeless individuals.
In her mission to get people off the streets, Mayor Breed has directed city crews to clear encampments more frequently than before. This decision comes after the landmark case, Grants Pass v. Johnson, was overturned by the U.S Supreme Court and cities were given the authority to ban people from camping or sleeping on the streets.
The mayor also instructed city workers to offer transportation tickets to people before offering shelter with the intent that those who are not originally from San Francisco can return to family or friends elsewhere and services can then be used for long-time residents.
A former homeless resident, Yolanda, in attendance at the rally said it was difficult to get off of living on the streets because of the barriers to housing and services.
Yolanda told the Post that she had grown up in the city with her family, but once her father passed away, there was no one to maintain the bills so they had to relocate to Oakland for a few years. She said her family stayed there for a few years before returning to San Francisco.
As she got older, she found herself living on the streets or in temporary shelter. But these shelters would only allow people to stay for a few months at a time and were very restrictive in what people could do, such as leave when they wanted or have guests with them.
After some time, Yolanda and her boyfriend were selected for housing through a housing allocation program, where she still currently lives now. She said they were one of the lucky ones, but others do not get to experience this same fortune.
She shared that at one point in her journey to find a housing placement, there was a 2,000 person waitlist, making it nearly impossible and disheartening for those looking for a roof to put over their heads.
Yolanda said it was unfair to criminalize people for not being able to afford housing, considering the extremely high costs of living in the area.
Community
GRIP Invites Community to Walk to End Homelessness, Hunger
The Greater Richmond Interfaith Program (GRIP) is warming up for its 38th annual “Harmony Walk to End Hunger and Homelessness” Saturday, Oct. 5 from 10 a.m. to 1 p.m. at Nicholl Park in Richmond. Registration is $38 per person and includes event swag and access to all related activities, with discounts available. The event’s new theme, “A Harmony Walk in the Park,” will focus on park activities this year, including a walk to GRIP and back starting at 10 a.m.
By Kathy Chouteau
The Greater Richmond Interfaith Program (GRIP) is warming up for its 38th annual “Harmony Walk to End Hunger and Homelessness” Saturday, Oct. 5 from 10 a.m. to 1 p.m. at Nicholl Park in Richmond. Registration is $38 per person and includes event swag and access to all related activities, with discounts available.
The event’s new theme, “A Harmony Walk in the Park,” will focus on park activities this year, including a walk to GRIP and back starting at 10 a.m.
Organizers also welcome the community to enjoy a fun run, food truck offerings, vendor booths and other activities as they learn about how GRIP is fighting hunger and homelessness while serving 15,000 people each year in West Contra Costa County.
“What I love about it is how the community comes together from across the region to walk the neighborhood, connect and learn about what’s new at GRIP…,” said Brandon Mercer, a GRIP board member.
During the event, ABC-7 TVs Julian Glover will be on hand alongside other local personalities and community leaders, who will share their experiences with GRIP and with supporting the community, according to the organization.
Food trucks lined up include Curbside Kitchen and Black Star Pirate BBQ, with additional offerings still being coordinated. Live music throughout the day, games/activities for the kids and raffle prizes donated from sponsors—with dinners, merchandise and passes to Disneyland—are also in the mix.
GRIP tipped its hat to its major sponsors—including Chevron, EBMUD, Kaiser Permanente, Lifelong Medical Care, Sims Metal and others—emphasizing that their support helps make this event possible and ensures that the organization can continue to provide vital services to the community.
Nicholl Park is located at 3230 Macdonald Ave. in Richmond. Again, registration is $38 per person. Discounted rates of $12 are available for each additional registration purchased alongside the one full-price registration. The ticket price includes event access, a Harmony Walk T-shirt and five raffle tickets.
Learn more about GRIP.
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