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1 MODIFIED CONSENT DECREE Chanda Smith, et. al., Plaintiffs. vs. LAUSD, et. al., Defendants.

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Presentation on theme: "1 MODIFIED CONSENT DECREE Chanda Smith, et. al., Plaintiffs. vs. LAUSD, et. al., Defendants."— Presentation transcript:

1 1 MODIFIED CONSENT DECREE Chanda Smith, et. al., Plaintiffs. vs. LAUSD, et. al., Defendants

2 2 Presentation Content BRIEF BACKGROUND ESSENTIAL ELEMENTS OTHER FEATURES

3 3 Brief Background District entered into Chanda Smith Consent Decree (Federal Court) implementation plans approved by the Board or ordered by the Court (Consent Decree Administrators)

4 4 August 2001District filed motion to modify decree (motion denied) October 2001, District appealed (U.S. Court of Appeals, 9 th Circuit) June 2002-April 2003Mediation with Expert Mediator (all issues addressed through this mediation process) Brief Background cont.

5 5 Modified Consent Decree: Essential Elements The Modified Consent Decree (MCD) represents the commitment of the Board of Education of LAUSD that the Districts special education program will be in compliance with all applicable federal laws. The essential elements of the MCD serve as a design to achieve Special Education compliance and disengage from the MCD.

6 6 Essential Elements of the Modified Consent Decree A.18 Outcomes B.Independent Monitor C.Annual Plan D.Disengagement Standards

7 7 Essential Element: A.Outcome-Based Consent Decree 18 Outcomes Objective and measurable Data driven Achievable by June 30, 2006 Disengagement from outcomes as achieved

8 8 Students with disabilities will participate in state and district assessment programs for accountability for achievement in compliance with IDEA and NCLB Outcome No. 1: Participation in the Statewide Assessment Program PROGRESS IN THE GENERAL CURRICULUM

9 9 By the end of the school year, 75% of students with disabilities in state-identified grade levels will participate in the statewide assessment program with no accommodations or standard accommodations. The percentage of students with disabilities participating in state-identified grade levels will be comparable to the percentage of nondisabled students participating in the statewide assessment program. PROGRESS IN THE GENERAL CURRICULUM Outcome No. 1: Participation in the Statewide Assessment Program

10 10 PROGRESS IN THE GENERAL CURRICULUM Performance scores for students with disabilities on state and district assessments will increase Outcome No. 2: Performance in the Statewide Assessment Program

11 11 The Independent Monitor shall develop an outcome measure to require that the performance of students with disabilities increases and that the disparity with general education performance is reduced. The outcome measure shall be based on the key performance indices. PROGRESS IN THE GENERAL CURRICULUM Outcome No. 2: Performance in the Statewide Assessment Program

12 12 GRADUATION, COMPLETION, DROP OUT RATES Graduation rates for students with disabilities will increase Outcome No. 3: Graduation Rate

13 13 The District shall increase the number of grade 12 students with disabilities who receive diplomas based on the data by at least 5% (no less than 42.01% of grade 12 students with disabilities) during the school year, at least 5% (no less than 44.11% of grade 12 students with disabilities) during the school year, and at least 5% (no less than 46.32% of grade 12 students with disabilities) during the school year.[1] [[1] [ GRADUATION, COMPLETION, DROP OUT RATES 1]1] This agreement is based on current diploma requirements; the Independent Monitor will revisit this agreement with the parties if the States diploma requirements change. Outcome No. 3: Graduation Rate

14 14 The rate of students (grades 7-12) completing high school will increase (drop out rate will decrease) Outcome No. 4: Completion Rate GRADUATION, COMPLETION, DROP OUT RATES Diploma – Certificate of Completion – Age Out __________________________________________________________ Diploma – Certificate of Completion – Age Out – Drop Out

15 15 The Districts completion rate will increase based on an increase in the number of students who graduate with a diploma, receive a certificate of completion, or age out, as compared to the total number of students with disabilities who graduate with a diploma, receive a certificate of completion, age out, or drop out (grades 7-12) Outcome No. 4: Completion Rate GRADUATION, COMPLETION, DROP OUT RATES

16 16 Outcome No. 5: Reduction of Long-Term Suspensions Percent of long-term suspensions (6 or more cumulative days) will decrease SUSPENSIONS

17 17 By June 30, 2006, the District will reduce the percent of students with disabilities suspended 6 or more days from 9.14% of the total suspensions of students with disabilities occurring in the school year to 2% of the total suspensions of students with disabilities. Outcome No. 5: Reduction of Long-Term Suspensions SUSPENSIONS

18 18 HOME SCHOOL PLACEMENT/ LRE Students with specific learning disabilities and speech and language disabilities will receive increased instructional time in the general education program with supports and services Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI

19 19 By the end of the , the District will demonstrate a ratio of not less than 73% of students placed in the combined categories of 0-20% and 21-60% and not more than 27% students placed in the % category according to Federal placement reporting requirements. HOME SCHOOL PLACEMENT/ LRE Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI

20 20 Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other Eligibilities Students with all other disability eligibilities will receive increased instructional time in the general education program with supports and services HOME SCHOOL PLACEMENT/ LRE

21 21 By the end of the , the District will demonstrate a ratio of not less than 52% of students placed in the combined categories of 0-20% and 21-60% and not more than 48% students placed in the % category according to Federal placement reporting requirements. Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other Eligibilities HOME SCHOOL PLACEMENT/ LRE

22 22 Students with disabilities will attend the school they would attend if they were not identified as disabled Outcome No. 8: Home School HOME SCHOOL PLACEMENT/ LRE

23 23 The Independent Monitor shall establish an outcome regarding home school placement with the objective to ensure that the District is meeting the Least Restrictive Environment (LRE) requirement of federal law. Home school means any school a student with disabilities may attend if the student were not disabled. The parties agree that special education centers are part of the continuum of program options for a full continuum of special education and related services in the least restrictive environment. Outcome No. 8: Home School HOME SCHOOL PLACEMENT/ LRE

24 24 TRANSITION PLANNING Students with disabilities age 14 and older will have compliant plans for transition into adult living as part of their IEPs Outcome No. 9: Individual Transition Plan

25 25 By the end of the school year, 98% of all students age 14 and over shall have an Individual Transition Plan developed in accordance with federal law. TRANSITION PLANNING Outcome No. 9: Individual Transition Plan

26 26 EVALUATIONS Initial evaluations will be completed and the IEPs to review the evaluations will be convened within timelines required by law Outcome No. 10: Timely Completion of Evaluations

27 27 By the end of the school year: a. 90% of all initial evaluations shall be completed within 50 days. b. 95% of all initial evaluations shall be completed within 65 days. c. 98% of all initial evaluations shall be completed within 80 days EVALUATIONS Outcome No. 10: Timely Completion of Evaluations

28 28 Disproportionality The District will submit data/analysis regarding whether African-American students are over-represented as emotionally disturbed to Independent Monitor: Outcome possibly developed Outcome No.: Disproportionality

29 29 During the school year, the Independent Monitor will review the data and analysis submitted by the District regarding whether African- American students are disproportionally identified as emotionally disturbed and determine whether a performance outcome should be established. Disproportionality Outcome No.: Disproportionality

30 30 COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Complaints will be responded to in a timely manner: Remedy and dateRemedy and date Information regarding referralInformation regarding referral Suggested action to takeSuggested action to take Complaint unfoundedComplaint unfounded Outcome No. 11: Complaint Response Time

31 31 The District will provide lawful responses to parents filing complaints in accordance with the following performance standards: a. 25% will be responded to within 5 working days. b. 50% of complaints will be responded to within 10 working days. c. 75% will be responded to within 20 working days. d. 90% will be responded to within 30 working days. The District will be required to report to the Independent Monitor on the status of each complaint not resolved within 30 working days, at 5-day intervals, until the complaint is resolved. COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 11: Complaint Response Time

32 32 COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Most informal dispute resolution procedures will be concluded within 20 working days Outcome No. 12: Informal Dispute Resolution

33 33 By June 30, 2006, the District will increase reliance on informal dispute resolution of disputes by increasing its ability to timely resolve disputes by concluding its informal dispute resolution process within 20 working days in 60% of cases. COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 12: Informal Dispute Resolution

34 34 SERVICES Performance outcome will be established by Independent Monitor seeking substantial compliance regarding implementation of IEPs Outcome No. 13: Delivery of Services

35 35 The Independent Monitor, in consultation with the parties, shall establish a performance outcome to measure the Districts delivery of services in accordance with a childs Individualized Education Program. The performance outcome will seek to determine whether or not the District is implementing Individualized Education Programs in substantial compliance with the law. The baseline criteria and subsequent benchmarks shall be based on scientific sampling techniques representative of the disability population in the District. SERVICES Outcome No. 13: Delivery of Services

36 36 PARENT PARTICIPATION AT IEP MEETINGS Parent participation in IEP meetings will increase Outcome No. 14: Increased Parent Participation

37 37 The Independent Monitor shall establish one or more outcomes to determine if parents are participating in IEP meetings in accordance with law. The District shall provide data by January 2004 and the Independent Monitor shall consider such data in establishing the baseline and outcomes in this area to be included in the Annual Plan. PARENT PARTICIPATION AT IEP MEETINGS Outcome No. 14: Increased Parent Participation

38 38 IEP TRANSLATIONS IEP translations will be completed in a timely manner Outcome No. 15: Timely Completion of Future Translations

39 39 By the end of the school year, the District shall complete IEP translations requested since July 2003 in the Districts seven primary languages as follows: 85% within 30 days 95% within 45 days 98% within 60 days IEP TRANSLATIONS Outcome No. 15: Timely Completion of Future Translations

40 40 QUALIFIED PROVIDERS The number of qualified special education teachers will be comparable to the number of qualified general education teachers Outcome No. 16: Increase in Qualified Providers

41 41 By June 30, 2006, the disparity between qualified regular education and special education teachers will decrease from 10.4%, based on the school year, to 3.4%. QUALIFIED PROVIDERS Outcome No. 16: Increase in Qualified Providers

42 42 BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS IEP teams will appropriately consider strategies and behavioral supports/interventions to address behavior that impedes learning Outcome No. 17: IEP Team Consideration of Special FactorsBehavioral Interventions, Strategies, and Supports

43 43 The Independent Monitor shall review the Districts implementation of IDEAs requirement that, in the case of children whose behavior impedes their learning, IEP teams are appropriately considering strategies, including positive behavioral interventions and supports, to address such behavior and, if appropriate, establish an outcome. BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS Outcome No. 17: IEP Team Consideration of Special FactorsBehavioral Interventions, Strategies, and Supports

44 44 Consent Decree Administrators discharged Independent Monitor (Dr. Carl Cohn) Consultant to Independent Monitor (Dr. Thomas Hehir) Essential Element: B.Independent Monitor

45 45 INDEPENDENT MONITOR Powers and Duties Approve an Annual Plan submitted by the District Verify the accuracy of the Districts data used to measure Districts performance Make determinations of Districts achievement of outcomes Order the District to comply with decisions made by Independent Monitor

46 46 Essential Element: C.Annual Plan For each outcome: Benchmarks Action steps Responsible staff Evidence of completion Completion dates

47 47 Essential Element: C.Annual Plan Timelines Submission of Annual Plan Adoption of Annual Plan by Independent Monitor Decision of Independent Monitor final

48 48 Sample Annual Plan

49 49 OUTCOME #6 Placement of Students with Disabilities (ages 6-22) with eligibilities of Specific Learning Disabilities (SLD) and Language/Speech Impaired (SLI): By the end of the school year, the District will demonstrate a ratio of not less than 73% of students placed in the combined categories of 0-20% and % and not more than 23% of students placed in the % category according to Federal placement reporting requirements BENCHMARK: 63% of students with disabilities will not exceed 60% of their instructional day outside of the general education classroom. CENTRAL AND LOCAL DISTRICT LEVELS Action StepsResponsible Staff Evidence of Completion Timeline Communicate District growth percentage increase of students with SLD and SLI eligibilities placed in combined categories of 0-20% and 21-60% of time spent out of the general education classroom for Associate Superintendent, Division of Special Education Written communications to schools July 2003 Provide knowledge and implementation level professional development to all school-based administrators, general and special education teachers on research-based collaborative service delivery models and supports for schools that promote increased participation in the general education classroom for students with SLD and SLI eligibilities. Director, Instructional Initiatives, Division of Special Education Professional Development Calendar/Report, Individual Personnel Certification Forms June 2004

50 50 Provide school level training on placement guidelines for IEP teams to be used by IEP teams in determining placement in the least restrictive environment in accordance with the Individuals with Disabilities Education Act (IDEA) Director, Compliance and Monitoring Unit, Division of Special Education Professional Development Report, Professional Development Calendar, Agendas; Sign-In Sheets June 2004 Continue monthly training of LRE Support Teams to provide support schools in increasing the percentage of students with eligibilities of SLD and SLI participating in the general education classroom. Director, Instructional Initiatives, Division of Special Education Professional Development Report, Professional Development Calendar, Agendas; Sign-In Sheets June 2004 Train all elementary Assistant Principals/School Instructional Specialist (AP/EIS) and designated secondary administrators in strategies for planning and establishing research-based collaborative service delivery models and supports for schools. Director, Program/Fiscal Accountability, Division of Special Education Professional Development Report, Professional Development Calendar, Agendas; Sign-In Sheets June 2004 Identify and analyze research-based strategies for educating diverse learners through differentiated instruction to be integrated into all District instructional initiatives. Director, Instructional Initiatives, Division of Special Education Sample integrated professional development materials June 2004

51 51 Establish and hold bi-monthly parent forums to increase LRE knowledge. Specialist, Parent Involvement and Support, Division of Special Education Agendas; Sign-In Sheets June 2004 Monitor school level data regarding percentage of students with eligibilities of SLD and SLI participating in the general education classroom. Associate Superintendent, Division of Special Education Data Reports December 2003 and May 2004 Monitor school level implementation by reviewing one-fourth of the schools through the Coordinated Compliance Review/District Validation Review process, including classroom observations. Director, Compliance and Monitoring Unit, Division of Special Education CCR/DVR School Reports District Summary Report June 2004 Randomly monitor schools not subject to the CCR/DVR process for implementation of LRE elements of Single Plan for Student Achievement (comprehensive or abridged versions). Director, Compliance and Monitoring Unit, Division of Special Education Summary reports to Associate Superintendent, Division of Special Education and Local District Superintendents June 2004

52 52 SCHOOL LEVEL Action StepsResponsible StaffEvidence of CompletionTimeline Set individual school growth percentage increase of students with SLD and SLI eligibilities placed in combined categories of 0-20% and 21-60% for Principals School Special Education Strategic Plan September 2003 Implement current year phase of LRE elements of Single Plan for Student Achievement (comprehensive or abridged versions) to initiate/expand collaborative service delivery models and supports, to increase the percentage of students with eligibilities of SLD and SLI participating in the general education classrooms, and to expand the capacity for students with disabilities to access the general curriculum through differentiated instruction. Principals School data regarding percent of time SLD/SLI students spending outside the general education classroom Analysis of end of year evaluative data related to evaluation of Single Plan for Student Achievement May 2004 Monitor implementation of Single Plan for Student Achievement (comprehensive or abridged versions) for compliance with benchmarks, action plans and evaluative data. Principals Analysis of end of year evaluative data related to evaluation of Single Plan for Student Achievement January – May 2004

53 53 Essential Element: D.Disengagement from the Consent Decree Modified Consent Decree remains in full force and effect until Independent Monitor has certified that: District has achieved each outcome District is in substantial compliance with applicable special education laws and regulations District is in substantial compliance with program accessibility requirements

54 54 OTHER FEATURES Parent Council Complaint Response Unit Authority of Chief Administrator, Special Education Annual Hearing Accessible Facilities $67.5 million – Renovations, repairs $20 million – on demand requests, minor renovations

55 55 Questions?


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