Girl’s needs disputed

Michael Miller

Days after Leilani Gutierrez’s family filed a request for a state

hearing regarding her special education needs, the first-grader, a

quadriplegic, is at the heart of another dispute with the

Newport-Mesa Unified School District.

Leilani’s mother and grandmother, June and Vicky Gutierrez, have

asked the cities of Costa Mesa and Newport Beach to investigate a

claim by the district that Leilani’s condition prevents her from

being wheeled to school in the morning -- a journey Leilani enjoys.

Leilani, 7, has been a focus of community support since a May 2002

car accident left her paralyzed.

In a May 3 letter to June Gutierrez, Newport-Mesa special

education director Patrick Ryan wrote that the district would begin

providing transportation for Leilani, citing concerns for the girl’s

safety due to “rough sidewalk” on her path to school.

In the past, Leilani’s nurse has pushed her to and from Newport

Heights Elementary every day. This week, the Gutierrez family

contacted the Costa Mesa city engineer’s office and the Newport Beach

city attorney’s office asking them to check the sidewalks between

Leilani’s house, located in Costa Mesa, and the school, located on

the other side of the city boundary.

Leilani’s typical route, which extends several blocks down 16th

Place and Santa Ana Avenue, contains sidewalks with a few scattered

cracks and uneven panels, but June Gutierrez said the shocks in her

daughter’s wheelchair absorb any jolts.

“There are cracks here, but nothing that would cause extreme

jeopardy to her life,” Gutierrez said. “She has four wheels, so she’s

pretty stable.”

“If it’s hazardous to her, it would be hazardous to a child on a

skateboard or Rollerblades,” Vicky Gutierrez said. “If there’s

something hazardous there, I’d sure like to know about it.”

Ryan and other Newport-Mesa officials did not return calls seeking

comment.

On Wednesday, the Gutierrez family’s attorney, Kathleen M. Loyer,

filed a hearing request with the state Department of Education due to

an unrelated complaint. The Newport-Mesa district recently assigned

Leilani a new nurse at school without the family’s consent, a move

Loyer and the family saw as a violation of the student’s

Individualized Education Program.

The request Loyer filed with the state Special Education Hearing

Office does not mention the transportation issue. However, the

family, saying Leilani has a right to travel to school in the open

air, called for the cities’ help in determining whether her path was

safe.

June Gutierrez said a Costa Mesa engineer came to view Leilani’s

route on Thursday and said that he declined to make a ruling on its

safety. Fariba Fazeli, the city’s senior engineer who ordered the

visit, explained that properties require close inspection to

determine whether they are compliant with the Americans with

Disabilities Act.

“It’s not something you can do in one hour just by walking through

it,” Fazeli said. “You can visually see things, but there are

measurements you have to make.”

As examples, Fazeli noted that sidewalks cannot slope more than

2%, and that travelers must always have at least 4 feet of space to

maneuver. In addition, all street crossings must have access ramps.

The city of Costa Mesa takes steps every year to ensure that its

sidewalks are safe and compliant with the law. In the

parkway-maintenance program, conducted annually, the city replaces

any sidewalk areas that are excessively cracked or worn, and it also

adds wheelchair ramps where needed.

Aaron Harp, the assistant city attorney for Newport Beach,

confirmed that he had gotten a message from Leilani’s family on

Thursday but said he had not started an investigation yet.

“It’s our opinion, at this point, that none of the city sidewalks

are unsafe, but we’re definitely going to take a look at it,” Harp

said.