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

2. Presentation Content BRIEF BACKGROUND ESSENTIAL ELEMENTS
OTHER FEATURES

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. Brief 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)

5. Modified 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.

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

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

9. PROGRESS IN THE GENERAL CURRICULUM
Outcome No. 1: Participation in the Statewide Assessment Program
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.

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

11. PROGRESS IN THE GENERAL CURRICULUM
Outcome No. 2: Performance in the Statewide Assessment Program
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.

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

13. GRADUATION, COMPLETION, DROP OUT RATES
Outcome No. 3: Graduation Rate
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] This agreement is based on current diploma requirements; the
Independent Monitor will revisit this agreement with the parties if the State’s diploma requirements change.

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

15. GRADUATION, COMPLETION, DROP OUT RATES
Outcome No. 4: Completion Rate
The 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)

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

17. Outcome 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.

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

19. HOME SCHOOL PLACEMENT/ LRE
Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI
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.

20. HOME SCHOOL PLACEMENT/ LRE
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

21. HOME SCHOOL PLACEMENT/ LRE
Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other Eligibilities
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.

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

23. HOME SCHOOL PLACEMENT/ LRE
Outcome No. 8: Home School
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.

24. TRANSITION 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

25. TRANSITION 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.

26. EVALUATIONS 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

27. EVALUATIONS 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

28. Disproportionality 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

29. Disproportionality 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.

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

31. COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION
Outcome No. 11: Complaint Response Time
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.

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

33. COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTION
Outcome No. 12: Informal Dispute Resolution
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.

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

35. SERVICES 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.

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

37. PARENT PARTICIPATION AT IEP MEETINGS
Outcome No. 14: Increased Parent Participation
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.

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

39. IEP TRANSLATIONS
Outcome No. 15: Timely Completion of Future Translations
By 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 days
95% within 45 days
98% within 60 days

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

41. QUALIFIED PROVIDERS
Outcome No. 16: Increase in Qualified Providers
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%.

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

43. BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS
Outcome No. 17: IEP Team Consideration of Special Factors—Behavioral Interventions, Strategies, and Supports
The 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.

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

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

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

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

48. Sample Annual Plan

49. CENTRAL AND LOCAL DISTRICT LEVELS
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 21-60% 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 Steps
Responsible 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. · 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 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
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
Identify 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

51. Associate 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 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
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).
·  Summary reports to Associate Superintendent, Division of Special Education and Local District Superintendents

52. Evidence of Completion
SCHOOL LEVEL
Action Steps
Responsible Staff
Evidence of Completion
Timeline
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.
·  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.
January – May 2004

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. 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. Questions?