From UTLA:
Federal Court throws out LAUSD’s request for strike injunction against special education teachers; desperate legal games continue
Today, less than 24 hours after it was filed, a federal court denied LAUSD’s request to stop special education teachers from joining their colleagues on strike.
“The court’s swift and decisive action shows just how desperate a move this was,” said UTLA President Alex Caputo-Pearl. “Austin Beutner knew he didn’t have a legal leg to stand on but he went ahead anyway, spreading fear and confusion among the public, our members, special education students and families. The scare tactics must end now.”
On Thursday, LAUSD filed a claim in federal court to prevent UTLA special education teachers from striking. The threatened teachers immediately took to social media to vent their anger at LAUSD’s attempt to prevent them from exercising their right. This sneaky maneuver —especially coming from a district that has repeatedly ignored UTLA’s contract demands for special education class-size caps to relieve the burden of overcrowded special education classrooms – is beyond cynical and counterproductive. (Read the conversations on numerous posts on our Facebook page here.)
In two days, Beutner has used his high-priced lawyers to initiate two frivolous legal actions against UTLA and is now threatening a third. These tactics smack of disdain for the very school district he is meant to serve and protect.
On Wednesday, LAUSD officials went to PERB to seek an injunction based on unsubstantiated claims that UTLA has been preparing for a strike since 2016. Then today, the district threatened another lawsuit claiming UTLA did not give sufficient notice of our intent to strike, despite multiple notifications, including a Jan. 10 strike date announced on Dec. 19.
“Beutner is using his background as a corporate profiteer and downsizer. He has hired well-known privatizers and anti-union lawyers in an attempt to dismantle the school district as well as the solidarity of our union brothers and sisters. But we see right through this, and we will fight it every step of the way,” said Caputo-Pearl. “Rich people don’t like to lose, and having money allows you to shift the playing field. But public education belongs to the people of Los Angeles, not the super rich.”
It’s clear Beutner fears the collective power of educators, parents, students and the community coming together. We must stay united and focused on the goal: a contract that reinvests in our schools and improves our working and learning conditions.
We can expect to see more desperate actions by Beutner as our strike date nears. We are disappointed, but after 20 months of bad faith bargaining and disrespect, it is what we have come to expect from Beutner and LAUSD officials.
Regardless of this, we will sit down with LAUSD officials on Monday and expect them to provide a clear and legitimate proposal for us to consider, and that we can move toward an agreement.
Diane Ravitch's blog 
Did you ever think this day would come? What a hegira from the machinations of Broad and Deasy and Aquino…and when I wrote to you years ago about nepotism in LA and at LAUSD…and you chose to print that info on your new blog. Thanks for hanging in with us, Diane.
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And how about that army of 50,000 teachers and supporters of public schools a few weeks ago marching as a unit through the streets of downtown Los Angeles..and now on Jan. 10, these wonderful dedicated teachers will strike for the sake of their students…a huge thanks to Tina and all the tireless organizers of this fantastic army.
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Typical “business fixer” attitude to bring in the high powered corporate lawyers to intimidate the pee-ons into submission.
People like Beutner are entirely predictable — and incorrigible.
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By the way Diane, you should publicize the names of the lawyers involved so the public will know who these folks are.
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I received this in my email box today and sent the following response:
“I don’t know how you have my email, but please remove it from your list. In addition, do not share or sell my email to other parties. I’ve been an advocate for special needs families for 20 years and am in strong support of teachers. I’ve seen funds cut over the last 20+ years from main office support staff that has caused less training and support at the local school level. The problem with education funding is corporate reformers infiltrating administrative positions at Beaudry and allowing charter schools to function without oversight, and without taking those moderate/severely disabled, English language learners, Foster and homeless youth. Funds that would’ve been provided to support special needs children would’ve been in place long ago otherwise. Aside from that, this legal action seems hypocritical when we’ve been under the Consent Decree since 1993 and only NOW LAUSD attorneys are concerned with compliance when they’ve spent most of their time fighting against families of disabled students who file due process over failure to implement even the most basic of IEP needs.
Do not bother me again.
—-Original Message—–
From: Seymour I. Amster seymour.amster@pesa-edu.org
To: Sonja
Sent: Sat, Jan 5, 2019 9:02 am
Subject: Federal Court denies LAUSD request concerning Special Education Services
Securing a Useful and Resourceful Education for our Special Education Children in a Safe Environment.
Judge Lew, United States District Court Judge, on Friday, denied LAUSD’s request to file a third party complaint requesting to join UTLA as a party to the action, as premature.
Attached hereto is the Order issued by Judge Lew.
The court in its denial stated the procedure is to first file a complaint with the Independent Monitor and have the Independent Monitor do an investigation and make determinations.
The entities that have the right to file a complaint with the Independent Monitor are Class Counsel and LAUSD. The Intervenors – April Munoz et al and Mina Lee et al have not had this right bestowed upon them.
It is clear that all students with disabilities will have services denied them during this strike.
It is also clear that the moderate to severe special education students with disabilities will not only have services denied but could be placed in life threatening situations during the strike.
We will now have to wait and see if Plaintiffs Counsel or LAUSD proceed with Judge Lew’s recommendation to file a complaint first with the Independent Monitor to start the procedure to protect Students with Disabilities during this precarious time.
This has been a message as part of the PESA program – OPERATION SECURE (Securing a Useful and Resourceful Education for our Special Education Children in a Safe Environment).
Seymour Amster
Executive Director , PESA
Phone: (800) 894-7201
Fax: (818) 781-8180″
I have pdf docs of the original filing and the denial documents, but don’t have hyperlinks to share other than pdf uploads and not sure how to do that for this forum.
To answer SomDAMPoet, here are the legal entities listed on the original LAUSD filing:
BARRETT K. GREEN, Bar No. 145393
bgreen@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone: 310.553.0308
Facsimile: 310.553.5583
DEVORA NAVERA REED, Bar No. 188675
Chief Education and Litigation Counsel
devora.naverareed@lausd.net
D. DENEEN EVANS COX, Bar No. 204792
Associate General Counsel I
deneen.cox@lausd.net
OFFICE OF THE GENERAL COUNSEL
LOS ANGELES UNIFIED SCHOOL DISTRICT
333 S. Beaudry Avenue, Floor 24
Los Angeles, CA 90017
Telephone: 213.241.6601
Facsimile: 213.241.8444
Attorneys for Defendant
LOS ANGELES UNIFIED SCHOOL DISTRICT
When I was with LAUSD’s Special Education Community Advisory Committee, I’d asked to see the figures from their legal dept regarding the expense of litigation in fighting against families of disabled children and the outcomes of those fights. It was the only dept in their main office that refused me entry (at the time there were locked doors that were only accessible to cleared employees. An LAUSD legal person cracked the door open long enough to tell me that it was none of my business after being sent there by the Director of Special Education. I had to return to the Division of Special Education and had them perform some phone jujitsu with legal then I went back after their testy back and forth. I was never allowed entry into their sanctum, but this time a person came out with a notepad asking what I wanted, took the info said, “we’ll get back to you” and closed the door without any kind words. I was unwelcome, unwanted and it was obvious that legal serves DISTRICT concerns, not those of the students.
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I can tell you that it took three years, and $5000 out of my own pocket (in the form of a lawyer) to get the appropriate level of services for my own son, who has moderate-to-severe autism.
If families live in poverty their only recourses are to use Regional Centers as advocates, and then only if they are in the know. There are thousands of parents out there with children not receiving the appropriate level of services.
District sponsored charter schools are even worse, other than the very few that specifically serve disabled populations. Even then, they generally serve mildly handicapped children.
More recently, I sent a FOIA request to determine what percentage of students were receiving Spec Ed services at about twenty independent charter schools [I have the data for all others, and have been doing a comparison with neighboring District schools.] That request went, of course, through the very office you indicated. The result: they basically told me to shove off…
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Beutner is desperate and afraid of the teachers’ power. We have the initiative. We own the narrative. And now we have Bernie Sanders’ endorsement.
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It is more than rewarding to see that LA Teachers are fighting back. While it must certainly take courage, acting in a group makes a difference, For far too long teachers have taken it, and the corporate guys feel teachers are a walk over. They are finding out differently.
Hopefully other teachers in different states and cities will take up the fight for better working conditions.
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Go LA teachers!
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