Los Angeles Schools Regain Control of Special Education After More Than 20 Years. What That Means for Priorities, Parent Concerns in the Nation鈥檚 Second-Largest District
This month marks a notable milestone for L.A. Unified: For the first time in more than two decades, it鈥檚 now in full control of its special education system.
Until this month, the nation’s second-largest school district had unique court-ordered mandates to improve and expand services for its听 special education students, stemming from a 1996 legal settlement. In 2003, the agreement was modified to include a third-party “independent monitor,” who meticulously reviewed and published annual reports on L.A. Unified’s compliance in 鈥 such as whether students with disabilities receive all of the services mandated in their and how often they were subject to out-of-school suspensions.
The so-called consent decree governing special education formally ended Dec. 31, following reached in August with the lawsuit鈥檚 original plaintiffs. For district officials and , the decision is recognition of having met “nearly all” of the consent decree’s mandates. Officials added that there’s now flexibility to shift L.A. Unified’s focus to working on its compliance with the state’s special ed听, and to continue building local-level supports that cater to 鈥渢he individual needs of our students.鈥
鈥淭he most exciting part about this is this chapter of our work will be guided by educators and parents rather than lawyers,鈥 Superintendent Austin Beutner said Wednesday. He added that the district is 鈥渘ot leaving compliance behind, because that鈥檚 a big part of the work.鈥
Although there is optimism from some parents that the decree’s end will spur fresh conversations about how to best serve students with disabilities, it remains unclear for many how the district intends to hold itself accountable for serving these students, who make up of L.A. Unified鈥檚 enrollment.
“Parents are deeply worried that when the oversight is lost, it will be that much harder for students with special needs to achieve success in LAUSD,” one parent told the school board’s special education committee in September.
There is still work to be done, as independent monitor David Rostetter wrote . Thousands of special education students are reportedly receiving less than 70 percent of their required services. Many of L.A. Unified’s district schools remain out of compliance with the Americans with Disabilities Act, with about 1 in 5 lacking an accessible main entrance. And academic outcomes for students with disabilities are trailing statewide averages: In 2018-19, of all L.A. Unified students with disabilities met or exceeded state English standards, while 9.41 percent met or exceeded them in math. State averages for this group, comparatively, were 16.26 percent and 12.61 percent.
Higher standards for these students 鈥 and more expansive teacher trainings 鈥 would ensure that those 鈥渃losest to students with special needs have the information and support they need and can work together to better serve these kids,鈥 said Lisa Mosko, a mother of two children with learning disabilities and 鈥檚 director of special education advocacy. “We need to raise the bar.鈥
Progress and a change in focus
While L.A. Unified struggled to check certain boxes under the consent decree, the independent monitor’s report marked progress in several areas:
- The percentage of students with disabilities receiving out-of-school suspensions was at its lowest ever in 2019 鈥 1.1 percent, compared with 14.1 percent during the 2004-05 school year. The report credits this in part to L.A. Unified’s decision to ban willful defiance suspensions听in 2013.
- About 60 percent of students with mild to moderate disabilities are currently spending the majority of their day in general education classes,听a percentage district officials note has been 鈥渟teadily increasing.鈥 (Some parents whether inclusion in general ed is always beneficial.)
- 听The district is fulfilling 99.9 percent of the requests it receives to translate students鈥 IEPs into a language other than English within 30 days 鈥 up from 8 percent at the start of the decree. Nearly 22 percent of students are English learners.
- The district has seen “tremendous success” in combating implicit bias in special ed evaluations. As of 2019, 92.5 percent of black students classified as “emotionally disturbed” met the legal criteria for that special ed identification. In 2004-05, it was only , according to Disability Rights California.
鈥淟AUSD has come an incredibly long way,鈥 David German, an attorney who represented the advocates and parents who sued, . Ending the consent decree “means they鈥檙e complying with their obligations under federal law. They got up to the baseline, which was a big deal.”
L.A. Unified had been one of the few districts in California held to a special education consent decree.听
Moving forward, L.A. Unified is “intensify[ing] its efforts” to meet and track its compliance with , a district spokeswoman said 鈥 many of which overlap with the now-retired consent decree requirements. L.A. Unified is not on-target with about half of the state’s performance indicators, according to data shown in a .

Beutner was hesitant to detail specific ways the district鈥檚 priorities are shifting, saying that 鈥渆ach of these [state] measures are somewhat narrow; [the district is] looking at the bigger picture.鈥 He and other officials did note that a central focus continues to be placing more students with disabilities in the least restrictive learning environment, alongside peers in general ed classes.
鈥淲e are making a big push as a school district to put all of our resources closer to schools and the communities they serve,鈥 Beutner said.
It鈥檚 not yet known how much money L.A. Unified will get from the state in 2020-21; Gov. Gavin Newsom this month, earmarking nearly $900 million in services for students with disabilities. L.A. Unified in 2019-20 budgeted 听of its nearly $8 billion general fund for special education.
As the district transitions, Mosko has stressed her disenchantment with the state鈥檚 special education standards to officials. They鈥檙e subpar, she says, considering research showing that of special education students can “meet the same achievement standards as other students if they are given specially designed instruction鈥 and supports. The state’s academic goals as of 2018-19 were for or more of students with disabilities to be proficient in English and at least 13.6 percent to be proficient in math.
“I would like to see a more aggressive stance [by the district] in terms of, ‘We should be at 80 percent. How do we get there?’鈥 she said. 鈥淚 want to see more urgency.”
Anthony Aguilar, chief of Special Education, Equity and Access, confirmed Wednesday that the district is 鈥渢aking an extra look at our academic achievement 鈥 Even though we鈥檝e made some positive gains, we recognize that we need to accelerate.鈥

District 3 board member Scott Schmerelson, who chairs the board’s special ed committee, said he 鈥渁bsolutely鈥 supports the district鈥檚 choice to home in on compliance with state indicators. Although he initially questioned whether the district had “the systems in place, the people in place” post-consent decree to continue prioritizing obligations like fulfilling students鈥 IEPs, his concerns were assuaged after discussions with district officials, he said.
“I鈥檓 very confident that we will continue to monitor all of these services,” he said.
Accountability moving forward
Parents seemed less confident at in September, where they expressed fears about the loss of the independent monitor.
“My concern is once oversight is removed … the schools have implicit bias to protect themselves from liability, to protect their general funding,” one parent said. “They are also on time constraints, so that they cannot take the time to hear my concerns day in and day out.”
The independent monitor hosted hearings like these for community members twice a year and published , often chock-full of data and upwards of 40 pages long. When asked if L.A. Unified will continue both of those practices, Beutner said the district 鈥渋ntends to continue to share information on progress toward all goals鈥 and to host public forums in the local communities as well as in the central offices.
Pulling from current staff, L.A. Unified also recently assembled a 17-person to help “oversee internal monitoring processes to ensure that programs and services operate in a manner that promotes program accessibility, equity and compliance,” the district spokeswoman said.
Funds that had been paying for external oversight will be “available to support the internal oversight鈥 of special ed services, she added. There have been discrepancies on the cost of the oversight: Beutner with the Los Angeles Times last summer estimated $3 million to $5 million a year. The independent monitor put the cost in recent years at 鈥渓ess than $800,000 on average.鈥
Looking at the state鈥檚 special education indicators, they some areas where L.A. Unified needs continued work. A few examples, with the district鈥檚 responses:
- A decline in the number of qualified providers. The percentage of special ed teachers with a special education credential has been decreasing since 2013-14, from 96.4 percent that year to 84.9 percent as of June 2019. The district didn’t offer any plans to remediate this, stating that “the issue of qualified teachers is one of statewide and perhaps national concern … due to factors such as retirements and declining number of teachers entering the workforce.”
- Accessibility. Making schools accessible to all students has been “one of the least successful parts of reform” to L.A. Unified’s special ed system, the report states. While the school board in 2017 passed a three-phase plan to make all schools accessible, the report notes that the first phase alone runs through 2025 and reportedly requires an extra $1 billion on top of the $600 million the board allocated.
The district emphasized that accessibility and 鈥淎DA-related goals鈥 will be a continued focus, in accordance with .

Schmerelson said board members will “make sure that our legal department is following through on any complaints that parents may have about services being received or not received, and acting on it immediately.”
He believes that 鈥渆verything should be done at the school site.鈥 Local district superintendents, their special education administrators and school principals especially, he said, should be overseeing whether students receive all of their required services and working to remediate parents鈥 complaints in lieu of legal action.
Parents with complaints are urged to use their principal as “the first point of contact,” the district spokeswoman said. She noted that the also fields concerns and complaints through its call center and . Parents can use the California Department of Education’s as well.
Mosko, the parent and Speak UP advocate, said the Division of Special Education has been “very responsive when I request information.鈥 She said she鈥檚 been 鈥渉eartened鈥 by recent leadership there and that 鈥渢hey seem to be prioritizing transparency of information more.鈥
Mosko said she will continue to advocate, especially on the “systemic issue” of not enough teachers being trained to properly serve students with disabilities. The California Commission on Teacher Credentialing, she noted, doesn’t require special education teachers to know federal law as it pertains to students鈥 IEPs. And general education teachers, at most, might take one or two “very general courses” on special ed.
The district has increased funding to provide for more professional development opportunities, Beutner said. Specific amounts can鈥檛 be shared until district schools are given their initial budgets in mid-February.
Ultimately, it’s 鈥渁 bottom-up transformation鈥 that will make all the difference, Mosko said. “If people on the ground don’t have the information and the training and the knowledge … all you get is a bunch of lawsuits and a bunch of kids lost in the system.”
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