by Howard Blume, LA Times/LA Now | http://lat.ms/zn2k4n
March 5, 2012 | 6:00 am :: A state legislator plans to launch an audit of the Los Angeles Unified School District in response to the lewd conduct arrests of two Miramonte Elementary teachers and other recent sexual abuse allegations, The Times has learned.
Miramonte attracted widespread attention with the January arrest of former teacher Mark Berndt, who has pleaded not guilty to 23 counts of lewd conduct. Berndt allegedly photographed blindfolded students being spoon-fed his semen as part of a “tasting game.” A second Miramonte teacher, Martin Springer, is charged with fondling a student and also has pleaded not guilty.
“After reading what was happening at Miramonte Elementary School and all the other incidents I felt it was important to evaluate LAUSD’s handling of claims of abuse against children,” said Assemblyman Ricardo Lara (D-South Gate), who chairs the Legislature’s audit committee. “All these shocking incidents highlight lapses in the school district, and I wonder how can this be happening.”
Lara wants an independent state team to review both the school district’s policies and how well they are being carried out to protect children. He also wants the audit to look at the role of other agencies, such as the Sheriff’s Department, in handling these cases.
“It took 11 months for the authorities to arrest [Berndt], and I just want to understand why it took so long,” he said in an interview.
The Sheriff's Department has said that it took time to identify and interview the children allegedly photographed by Berndt. Moreover, detectives have said they had Berndt under surveillance during the investigation.
Lara said he wants to learn how much L.A. Unified has paid out because of litigation over sexual misconduct that victimized children.
“I’m very interested in seeing these so-called secret settlements,” Lara said. “I want to get some answers on behalf of my community: How much money was spent? Where are the teachers now? What happened to the families? I’m trying to shed as much light as possible.”
Lara’s district boundary line is across the street from Miramonte, and he represents families who send their children to the school. Miramonte is located in unincorporated Florence-Firestone, southeast of downtown L.A.
The legislator’s request for an inquiry does not make it automatic, but Lara said he expects the investigation to win formal approval when the full committee meets later this week. His staff said the inquiry could last six to nine months and cost the state up to $300,000.
The assemblyman is expected to formally notify L.A. Unified about the audit on Monday, and the school system will have the option of testifying to the audit committee before its members vote.
Earlier, L.A. schools Supt. John Deasy announced plans to convene an independent commission with goals similar to Lara’s. But Lara insisted the state review is nonetheless justified. Deasy was not immediately available for comment.
B A C K G R O U N D :
State Bill Introduced To Prevent Child Sexual Abuse Cover-ups
By EGP News Report | http://bit.ly/w8u06D
February 9, 2012 (EGPNews) – Assembly Member Ricardo Lara (D-Bell Gardens) introduced bill AB 1564 on Jan. 31 to strip nonprofits of their tax-exempt status if they do not report incidents of child sexual abuse.
“AB 1564 deters nonprofit organizations of all types – universities, faith based, or educational – from sweeping abuse under the rug and sends a clear message that failing to report incidents of child sexual abuse is unacceptable,” said Lara, who said he was a victim of child sexual abuse.
He added that a third grade teacher at Miramonte Elemetnary School, located within his district, was arrested on 23 counts of lewd acts on children. “My heart goes out to the victims and their families,” he said.
The bill also adds volunteers to the list of mandated reporters requires that employers provide employees and volunteers with training in child abuse reporting. AB 1564 will be heard in policy committee within the next few months.
AB 1564 (Lara) as introduced 1/30/2012
Child abuse reporting: mandated reporters: tax-exempt organizations.
http://bit.ly/zLGmav
(1)Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law excludes volunteers of public or private organizations whose duties require direct contact with and supervision of children from the list of mandated reporters. Existing law also strongly encourages employers to provide training in child abuse and neglect identification and reporting to their employees who are mandated reporters, and encourages public and private organizations to provide their volunteers whose duties require direct contact with and supervision of children with training in child abuse and neglect identification and reporting.
This bill would include volunteers of public or private organizations, including nonprofit organizations, whose duties require direct contact with and supervision of children in the list of individuals who are mandated reporters. The bill would also require employers to provide training in child abuse and neglect identification and reporting to their employees and volunteers who are mandated reporters.
By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program.
(2)The Corporation Tax Law exempts the income of organizations that are organized and operated for specified nonprofit purposes from state income taxes, as provided.
This bill would require, for taxable years beginning on and after the date this bill is operative, the Franchise Tax Board to revoke the exemption of an organization if a person who is a mandated reporter in the scope of his or her duties in the organization has been found guilty of a misdemeanor, as provided, with respect to failure to report an incident of known or reasonably suspected child sexual abuse, as defined, in the scope of his or her duties in the organization. This bill would require the board to reinstate the exemption if the organization provides notification that the guilty verdict of the person has been overturned.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
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