2Presentation Content BRIEF BACKGROUND ESSENTIAL ELEMENTS OTHER FEATURES
3Brief BackgroundDistrict entered into Chanda Smith Consent Decree (Federal Court)implementation plans approved by the Board or ordered by the Court (Consent Decree Administrators)
4Brief Background cont.August 2001—District filed motion to modify decree (motion denied)October 2001, District appealed (U.S. Court of Appeals, 9th Circuit)June 2002-April 2003—Mediation with Expert Mediator (all issues addressed through this mediation process)
5Modified Consent Decree: Essential Elements The Modified Consent Decree (MCD) represents the commitment of the Board of Education of LAUSD that the District’s 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.
6Essential Elements of the Modified Consent Decree 18 OutcomesIndependent MonitorAnnual PlanDisengagement Standards
7Essential Element: A. Outcome-Based Consent Decree 18 OutcomesObjective and measurableData drivenAchievable by June 30, 2006Disengagement from outcomes as achieved
8PROGRESS IN THE GENERAL CURRICULUM Outcome No. 1: Participation in the Statewide Assessment ProgramStudents with disabilities will participate in state and district assessment programs for accountability for achievement in compliance with IDEA and NCLB
9PROGRESS IN THE GENERAL CURRICULUM Outcome No. 1: Participation in the Statewide Assessment ProgramBy 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.
10PROGRESS IN THE GENERAL CURRICULUM Outcome No. 2: Performance in the Statewide Assessment ProgramPerformance scores for students with disabilities on state and district assessments will increase
11PROGRESS IN THE GENERAL CURRICULUM Outcome No. 2: Performance in the Statewide Assessment ProgramThe 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.
12GRADUATION, COMPLETION, DROP OUT RATES Outcome No. 3: Graduation RateGraduation rates for students with disabilities will increase
13GRADUATION, COMPLETION, DROP OUT RATES Outcome No. 3: Graduation RateThe 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.  This agreement is based on current diploma requirements; theIndependent Monitor will revisit this agreement with the parties if the State’s diploma requirements change.
14GRADUATION, COMPLETION, DROP OUT RATES Outcome No. 4: Completion RateThe rate of students (grades7-12) completing high school willincrease (drop out rate will decrease)Diploma – Certificate of Completion – Age Out__________________________________________________________Diploma – Certificate of Completion – Age Out – Drop Out
15GRADUATION, COMPLETION, DROP OUT RATES Outcome No. 4: Completion RateThe District’s 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)
16Outcome No. 5: Reduction of Long-Term Suspensions Percent of long-term suspensions (6 or more cumulative days) will decrease
17Outcome No. 5: Reduction of Long-Term Suspensions 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.
18HOME SCHOOL PLACEMENT/ LRE Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLIStudents with specific learning disabilities and speech and language disabilities will receive increased instructional time in the general education program with supports and services
19HOME SCHOOL PLACEMENT/ LRE Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLIBy 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.
20HOME SCHOOL PLACEMENT/ LRE Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other EligibilitiesStudents with all other disability eligibilities will receive increased instructional time in the general education program with supports and services
21HOME SCHOOL PLACEMENT/ LRE Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other EligibilitiesBy 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.
22HOME SCHOOL PLACEMENT/ LRE Outcome No. 8: Home SchoolStudents with disabilities will attend the school they would attend if they were not identified as disabled
23HOME SCHOOL PLACEMENT/ LRE Outcome No. 8: Home SchoolThe 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.
24TRANSITION PLANNING Outcome No. 9: Individual Transition Plan Students with disabilities age 14 and older will have compliant plans for transition into adult living as part of their IEPs
25TRANSITION PLANNING Outcome No. 9: Individual Transition Plan 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.
26EVALUATIONS Outcome No. 10: Timely Completion of Evaluations Initial evaluations will be completed and the IEPs to review the evaluations will be convened within timelines required by law
27EVALUATIONS Outcome No. 10: Timely Completion of Evaluations 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
28Disproportionality Outcome No.: Disproportionality The District will submit data/analysis regarding whether African-American students are over-represented as emotionally disturbed to Independent Monitor: Outcome possibly developed
29Disproportionality Outcome No.: Disproportionality 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.
30COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 11: Complaint Response TimeComplaints will be responded to in a timely manner:Remedy and dateInformation regarding referralSuggested action to takeComplaint unfounded
31COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 11: Complaint Response TimeThe 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.
32COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 12: Informal Dispute ResolutionMost informal dispute resolution procedures will be concluded within 20 working days
33COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION Outcome No. 12: Informal Dispute ResolutionBy 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.
34SERVICESOutcome No. 13: Delivery of ServicesPerformance outcome will be established by Independent Monitor seeking substantial compliance regarding implementation of IEPs
35SERVICES Outcome No. 13: Delivery of Services The Independent Monitor, in consultation with the parties, shall establish a performance outcome to measure the District’s delivery of services in accordance with a child’s 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.
36PARENT PARTICIPATION AT IEP MEETINGS Outcome No. 14: Increased Parent ParticipationParent participation in IEP meetings will increase
37PARENT PARTICIPATION AT IEP MEETINGS Outcome No. 14: Increased Parent ParticipationThe 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.
38IEP TRANSLATIONS IEP translations will be completed in a timely manner Outcome No. 15: Timely Completion of Future TranslationsIEP translations will be completed in a timely manner
39IEP TRANSLATIONSOutcome No. 15: Timely Completion of Future TranslationsBy the end of the school year, the District shall complete IEP translations requested since July 2003 in the District’s seven primary languages as follows:85% within 30 days95% within 45 days98% within 60 days
40QUALIFIED PROVIDERSOutcome No. 16: Increase in Qualified ProvidersThe number of qualified special education teachers will be comparable to the number of qualified general education teachers
41QUALIFIED PROVIDERSOutcome No. 16: Increase in Qualified ProvidersBy 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%.
42BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS Outcome No. 17: IEP Team Consideration of Special Factors—Behavioral Interventions, Strategies, and SupportsIEP teams will appropriately consider strategies and behavioral supports/interventions to address behavior that impedes learning
43BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS Outcome No. 17: IEP Team Consideration of Special Factors—Behavioral Interventions, Strategies, and SupportsThe Independent Monitor shall review the District’s implementation of IDEA’s 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.
44Essential Element: B. Independent Monitor Consent Decree Administrators dischargedIndependent Monitor(Dr. Carl Cohn)Consultant to Independent Monitor(Dr. Thomas Hehir)
45INDEPENDENT MONITOR Powers and Duties Approve an Annual Plan submitted by the DistrictVerify the accuracy of the District’s data used to measure District’s performanceMake determinations of District’s achievement of outcomesOrder the District to comply with decisions made by Independent Monitor
46Essential Element: C. Annual Plan For each outcome:BenchmarksAction stepsResponsible staffEvidence of completionCompletion dates
47Essential Element: C. Annual Plan TimelinesSubmission of Annual PlanAdoption of Annual Plan by Independent MonitorDecision of Independent Monitor final
49CENTRAL AND LOCAL DISTRICT LEVELS OUTCOME #6Placement 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 21-60% and not more than 23% of students placed in the % category according to Federal placement reporting requirementsBENCHMARK: 63% of students with disabilities will not exceed 60% of their instructional day outside of the general education classroom.CENTRAL AND LOCAL DISTRICT LEVELSAction StepsResponsible StaffEvidence of CompletionTimelineCommunicate 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 forAssociate Superintendent, Division of Special Education· Written communications to schoolsJuly 2003Provide 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 FormsJune 2004
50· Professional Development Report, 2003-2004 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 SheetsJune 2004Continue 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 EducationTrain 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 EducationIdentify and analyze research-based strategies for educating diverse learners through differentiated instruction to be integrated into all District instructional initiatives.· Sample integrated professional development materials
51Associate Superintendent, Division of Special Education Establish and hold bi-monthly parent forums to increase LRE knowledge.Specialist, Parent Involvement and Support, Division of Special Education· Agendas; Sign-In SheetsJune 2004Monitor 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 ReportsDecember 2003 and May 2004Monitor 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 ReportRandomly monitor schools not subject to the CCR/DVR process for implementation of LRE elements of Single Plan for Student Achievement (comprehensive or abridged versions).· Summary reports to Associate Superintendent, Division of Special Education and Local District Superintendents
52Evidence of Completion SCHOOL LEVELAction StepsResponsible StaffEvidence of CompletionTimelineSet individual school growth percentage increase of students with SLD and SLI eligibilities placed in combined categories of 0-20% and 21-60% forPrincipals· School Special Education Strategic PlanSeptember 2003Implement 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.· 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 AchievementMay 2004Monitor implementation of Single Plan for Student Achievement (comprehensive or abridged versions) for compliance with benchmarks, action plans and evaluative data.January – May 2004
53Essential 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 outcomeDistrict is in substantial compliance with applicable special education laws and regulationsDistrict is in substantial compliance with program accessibility requirements
54OTHER FEATURES Parent Council Complaint Response Unit Authority of Chief Administrator, Special EducationAnnual HearingAccessible Facilities$67.5 million – Renovations, repairs$20 million – “on demand” requests, minor renovations