PARENTS FILE OBJECTIONS : LAUSD FAMILIES FEAR SPECIAL EDUCATION SETTLEMENT WILL LIMIT THEIR INPUT.

Byline: Kimberly Kindy Daily News Staff Writer

At least four objections were filed Monday against a special education court settlement that aims to reform Los Angeles Unified School District programs for its 65,000 disabled students.

A majority of objections filed by the court-imposed deadline focus on parents' concerns that their rights and their voices are actually being thwarted by the consent decree.

Some parents filed individual objections because they were worried that their individual lawsuits against the district will be compromised or stalled by the class-action settlement.

A group of parents called Representing Equality, Supporting and Promoting Educational Choices Together or RESPECT filed the most detailed objection - a 24-page motion in which they stated concerns that reform plans will be developed and implemented without parents being notified.

``There is no clear mechanism in the decree for notifying the class members of what the actual remedial action will be,'' said attorney Peter Shay, who represents RESPECT and several advocacy groups for the disabled that also joined in the objection.

But the American Civil Liberties Union said the decree gives parents the opportunity to give their input as plans are developed and as they are being considered for approval.

``This (decree) has more protection than any decree in the country for class members to both participate and file objections,'' said ACLU attorney Mark Rosenbaum.

``This is the most judicious class action settlement in the history of the country,'' he said.

The 1993 ACLU lawsuit accuses the school district of violating the civil rights of special education students by failing to provide an equal and quality education to physically and mentally disabled students.

The consent decree was approved last month by the Board of Education and was filed March 18 in federal court.

The objections and the consent decree will be reviewed and ruled on by a federal judge at a April 15 court hearing.

At the hearing, the judge will rule on the fairness of the settlement, either approving, amending or rejecting the consent decree.

The decree does not specifically say how the special education programs will change - rather it sets forth an agreed upon process for developing reform plans in the future.

``There are no plans in place,'' Shay said. ``The decree is devoid of any substance.''

``And there is no process for the court to play a role in the future, when plans are developed, to make sure they are fair to members of the class,'' he said.

In the objection, the federal bench is asked to amend the decree so that each implementation plan be brought before the bench for review and final approval.

As the decree stands, only when the two parties can't reach an agreement, would the federal judge intervene.

The requested change, parents argue, would give them an opportunity to appeal directly to the federal court if they object to any of the plans.

``It's been our basic complaint from the get-go, that the class have the right to go in and file objections without having to go through a committee or through the school board first to do it,'' said Northridge parent Fran Cameron, a member of RESPECT.

``The way it is now, we would have to explain even to plaintiff attorneys why we object to a plan before we file an objection, and those are our attorneys,'' Cameron said.

District legal counsel Bonny Garcia said the decree does require that the parents first raise to the district and their attorneys any objections they might have.

However, he said the idea is to allow both sides an opportunity to remedy the situation before having a federal court judge intervene, which might unnecessarily escalate costs and conflict.

``If everyone agrees, why do you have to go to a judge?'' Garcia said.

Rosenbaum said there are four ways to register objections. First parents are asked to bring it before a parent committee that will be established by the decree.

Second, they will be asked to bring their concerns to plaintiff attorneys, who will consider filing the objections on behalf of the entire class.

Third, they may file an objection with the court as an individual. And, fourth, they may file a lawsuit if the specific needs of their child are not being addressed by the district.