So Cal education, LAUSD, the Cal States and the UCs

4 more Miramonte school students file lawsuits in child abuse case

Miramonte Elementary School in Los Angel

Krista Kennell/AFP/Getty Images

Miramonte Elementary School in Los Angeles, California February 6, 2012.

The list of plaintiffs in the case over alleged child abuse by teachers at Miramonte Elementary School is getting a little longer. Attorneys representing four students who say a teacher performed lewd and lascivious acts against them announced they filed a lawsuit against L.A. Unified.

The four children are all under 11-years-old and are former students of veteran Miramonte teacher Mark Berndt. He is accused of feeding some of his students cookies laced with his own body fluids and then taking pictures of it.

In addition to damages, attorney John Manly – of the law firm Manly and Stewart – is demanding that L.A. Unified release all reports of abuse by teachers throughout the district.

Without those documents there’s no way to “understand where the failure happened and who’s responsible,” Manly said. “Because if you just pay money and you don’t fix that, other kids are going to get hurt."

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California legislator vows to reintroduce bill to speed teacher firing for abuse

Protestors march near Miramonte Elementa

AFP/AFP/Getty Images

A California state senator vowed to reintroduce a bill to make it easier to fire a teacher accused of sexually abusing a student.

A California state senator said he plans to reintroduce a bill Monday that would make it easier to fire a teacher accused of sexually abusing a student. His statements came the day after a state audit on L.A. Unified's child abuse procedures found the lengthy dismissal process increased the district's likelihood of settling the allegations in exchange for resignations.

California state Sen. Alex Padilla of Pacoima authored the bill, SB1530, which was allowed to die in the California Assembly Education Committee in June. It was one of three bills introduced in that session in response to a spate of sexual misconduct cases in L.A. Unified.

"The State Auditor confirms that the dismissal process established in state law is inconsistent, too lengthy, too costly and delays the timely resolution of child abuse cases," Padilla said in a statement Friday. "While the audit was specific to Los Angeles Unified School District it is clear to me that this is an issue of statewide concern.”

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LAUSD, teachers' union reach 'historic' agreement on evaluations (PDF)

Mayor Antonio Villaraigosa

Andres Aguila/KPCC

Mayor Antonio Villaraigosa talks to the media about the decision in the case of Doe vs. Deasy on June 12, 2012. L.A. Unified and its teachers' union announced a "historic" tentative agreement to include student test scores as a measure in teacher evaluations.

Just days before a court-ordered deadline, L.A. Unified and its teachers' union announced a "historic" tentative agreement allowing administrators to use student test scores in teacher evaluations.

Under the agreement, teachers' final evaluation will include student results on the California Standards Test from the previous year or years, in addition to the schoolwide Academic Growth over Time measure. They will also be judged on students' California High School Exit Exam scores, API scores, graduation and dropout rates as well as classroom observation.

Individual teacher AGT scores will not be part of final evaluations or be used to come up with specific performance goals.

Superintendent John Deasy said teachers will be held accountable for improvement by both individual students and their school. "So there's collective and individual [measure], which is a good balance in my opinion of both how the whole school's doing and how my classroom is doing."

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LAUSD addresses child abuse investigation audit; Teacher says district has gone too far

Mercer 10730

AP Photo/Damian Dovarganes

L.A. Unified Superintendent John Deasy said the district has already moved to address the recommendations in a state audit critical of how it reports and investigates allegations of child abuse.

Responding to a state audit that found delays in L.A. Unified School District's reporting of allegations of child abuse, Superintendent John Deasy said he has already improved the district's reporting and investigation procedures.

"The report looks backward at a moment in time," Deasy said. "I'm confident that every issue raised has already been addressed in LAUSD."

Democratic state Assemblyman Ricardo Lara of Bell Gardens requested the performance audit in March after two teachers from Miramonte Elementary School were accused of lewd acts on children.

The audit, which was released Thursday morning, found that the district often violated state law by failing to report allegations of teacher misconduct to the California Commission on Teacher Credentialing within the required 30-day period.

In the more extreme cases, the district took more than three years to report allegations of teacher misconduct, according to the audit. In one, a teacher was allegedly sexually involved with a student, but the report was not made until 3.5 years later.

State law requires the district to present allegations against a credential holder within four years of the alleged act, according Margarita Fernández, a spokeswoman for the California State Auditor.

"It's a big deal," Fernández said. "That's 3.5 years late. Well, they were pretty close to that four year statute of limitations."

Without a report, "the commission can't take any steps to determine whether it should revoke a teacher's certificate to teach, and thus prevent a teacher from working in other school districts," Fernández said.

Lara said he was surprised to learn that there is no centralized statewide mechanism to track or monitor allegations against classified employees who do not hold credentials.

Lara said he will aim to work with the various parties to try and create such a system. He also said he would work with Democratic state Sen. Alex Padilla to create a "more expeditious dismissal process."

Padilla's bill to speed the teacher dismissal process in certain egregious cases was allowed to die in committee this summer.


L.A. Unified has aggressively stepped up its response to allegations against teachers, creating an investigative unit this past spring, Deasy said. It now employs a dedicated staff that deals with inappropriate conduct, he said. Each region includes staff that focuses on such investigations.

Deasy said the district rereported every case since July 2008 after Mark Berndt, a teacher at Miramonte Elementary School accused of lewd acts on children, was not reported to the state for more than six months. Berndt remains in jail held in lieu of $23 million in bail.

The district houses teachers in what teachers refer to as "rubber rooms" — at sites away from their school and contact with students — while investigations are underway.

The audit found that the district has housed 700 teachers since it began tracking them in 2008 at a cost of millions in salary because they continue to receive pay while investigations drag on.

Deasy said the district is working to shorten the investigation time where possible, but that they are impacted by the speed of law enforcement investigations, which are not in the district's control.

UTLA President Warren Fletcher said the audit shows that L.A. Unified needs to focus on abiding by the law as it exists.

"There are timelines in the dismissal process that actually creates a streamlined system that aren't being met...by LAUSD now," Fletcher said. 

Fletcher said the union is concerned about 300 teachers who are currently removed from their classrooms because of pending investigations. Some he said have been in "limbo" for years, "and that is not a good use of resources," Fletcher said.

The UTLA House of Representatives, its policymaking body, voted unanimously at the end of October to have the union officers come up with a plan to address teachers who are still being housed despite being cleared by police, to improve their conditions, and demand the district follow the timelines in place.

Maria Fe Garcia, a first-grade teacher at Fair Avenue Elementary School, is a 30-year veteran teacher who said she's been waiting for months for the result of an L.A. Unified investigation into allegations that she grabbed a boy's arm and fractured his wrist. Garcia said the student's mother is suing the district.

Garcia said she never touched the student and feels that she and other teachers have been swept up in a backlash after the Miramonte scandal.

"I'm afraid," Garcia said. "I'm really afraid I'm going to lose my job, for no reason, no reason whasoever. I'm still waiting to see what the district is going to do with me. And I'm not sure about it. I just want to let you know that it's not all bad people..."

She said she sees the importance of going after abusers, but that the district's overreacting; hundreds of teachers can't suddenly be abusers. Garcia said she misses her students.

"I would prefer to be in my classroom with my children," she said, "this is what I’m here for."

This story has been updated.

Tami Abdollah can be reached via email and on Twitter (@latams).

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Audit: LA Unified schools 'could do more' to improve handling of child abuse reports

Miramonte Elementary School

Grant Slater/KPCC

L.A. Unified "could do more to improve its handling of child abuse allegations" and has often failed to follow state law, according to an audit released Thursday. The audit was requested after two teachers at Miramonte Elementary School were arrested for lewd acts on children.

L.A. Unified has often failed to follow state law in its child abuse reporting procedures, delaying some notifications to the agency for teacher credentialing by up to three years, according to a state audit on how the district handles child abuse released Thursday.

Here are the key findings in the 62-page report and the district's six-page response, both of which can be read below:

1) The district didn't always properly notify the California Commission on Teacher Credentialing. After a review of claims going back to July 1, 2008, the district submitted 604 cases to the commission in three months. Of these cases, at least 144 were submitted a year or more late; 31 more than three years late.

  • Of the 31 late cases, 23 involved misconduct against a student. According to the report, in one case a teacher's sexual relationship with a student was reported 3.5 years late; "thus, the commission could not promptly determine whether to revoke the teacher's certificate and prevent the teacher from working in other school districts."

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