Los Angeles school district paying $139 million to settle abuse claims

Updated 2:42 pm, Friday, November 21, 2014



LOS ANGELES - The Los Angeles Unified School District will pay out $139 million in settlements a child abuse scandal at the Miramonte Elementary School, bringing nearer to a close the costly and lengthy case that led to changes in state law and district policies, attorneys said Friday.


The payouts will go to settle about 150 claims from former Miramonte students who were subjected to third-grade teacher Mark Berndt 's lewd acts and their families. The court will independently review each claim and determine the appropriate amount for each of the 81 families involved.


Attorney John Manly, who represents 38 children and 25 parents who sought damages, said the settlement showed the district was taking responsibility for its failures. It 'shows a level of culpability and contrition by the district that is appropriate, and the hope for all of us is that it will lead to reforms so this doesn't happen to another child in Los Angeles.'


L.A. Unified Superintendent Ramon Cortines said he believed the district would continue to work with parents and communities to better protect students. The agreement balances the goal of sparing children the trauma of a trial with that of reaching a fair settlement, he said.


Berndt pleaded no contest to the abuse charges a year ago and was sentenced to 25 years in prison, but the claims against L.A. Unified have dragged out.


Dozens of claims were settled last year for about $30 million, but a contingent of parents and students opted to take their grievances to civil court, accusing L.A. Unified of not doing enough to protect students after receiving past complaints about Berndt.


Jury selection in the case began Monday, but Superior Court Judge John Shepard Wiley continued to push both parties to reach an agreement. The Board of Education met Tuesday evening to discuss settlement terms.


The case triggered a review of employee files going back decades in an effort to rid the district of potential problem employees. L.A. Unified also submitted, or resubmitted, hundreds of reports of alleged misconduct to the state Commission on Teacher Credentialing.


At the center of the scandal was a teacher who was once invited to students' birthday parties and quinceaƱeras. But in the fall of 2010, a drugstore photo technician processed a photo that showed a child blindfolded and gagged with clear tape. Other photos showed a spoon filled with a milky liquid, which was also seen in and around children's mouths. Los Angeles County sheriff's investigators began a probe.


A detective found a spoon in Berndt's classroom trash can that looked like the one in the photos. It tested positive for traces of semen that matched Berndt's DNA.


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