John Doe II - CLICK TO START - Settlement Agreement
Implementation Plan S B County Probation Department B County Department of Behavioral Health (DBH) B County Superintendent of Schools (SBCSS) W estern Law Center for Disability Rights (DRLC) L atham and Watkins LLP S ettlement – May 1, 2006 E ffective – July 1, 2006 T erm – 3 Years 1 18 Conditions DEFENDANTS PLAINTIFF’S COUNSEL SETTLEMENT AGREEMENT
Implementation Plan Probation & SBCSS INJUNCTIVE RELIEF TRANSMISSION OF RECORDS EDUCATIONAL SERVICES SPECIAL EDUCATION AND DISABILITY ACCOMMODATIONS REINTEGRATION / TRANSITION PROCEDURAL SAFEGUARDS PROVISION OF MENTAL HEALTH SERVICES (PROBATION ONLY) IMPLEMENTATION AND MONITORING
Injunctive Relief Probation MAYSI-2 SCREENING During Intake, Probation shall screen Youth using the Massachusetts Youth Screening Inventory, Version 2 (MAYSI-2) or an equivalent screening tool. Staff shall provide the results of the MAYSI-2 to trained and designated Mental Health Staff who shall within 72 hours of Intake review the results and make timely referrals for further mental health screening or assessment as appropriate. YOUTH IN IMMEDIATE DANGER To the extent that a youth is assessed as being an immediate danger to himself/herself, Mental Health Staff shall be notified immediately and Probation Staff shall take such measures as necessary to maintain watch over said youth until more complete assessment can be made.
Injunctive Relief Probation MENTAL HEALTH ASSESSMENT MEDICAL AND PHYSICAL SCREENING ADVISING SCHOOL AND PROBATION
Injunctive Relief Probation ORIENTATION HANDBOOK Probation shall develop an Orientation Handbook to provide to parents and youth at Intake, in English and Spanish and shall contain: A description of the operations and rules of the Juvenile Hall, The positive behavior incentive system, Education, Policies and procedures regarding health and mental health care, Mail and telephone calls, Visitation, Programming and activities, Clothing and personal items, Room confinement and segregation, Policies on use of force and restraints, Discipline for misbehavior and Grievance procedures.
Injunctive Relief Probation DRLC HANDOUT FOR YOUTH AND PARENTS Probation shall provide youth and parents a handout from DRLC, describing the services provided by DRLC relating to this Settlement Agreement, the compliance monitoring provisions included herein, and DRLC’s Inland Empire contact information. This handout shall be posted and provided with the Orientation Handbook, and may be periodically updated.
Injunctive Relief PROBATION & SBCSS SECTION 504 To the extent that any screening or assessment identifies a disabling condition that requires a Section 504 meeting to develop appropriate accommodations, then the agency that administered the screening or assessment shall notify relevant agencies, the youth and parent (s) and make recommendations or arrange for a Section 504 meeting.
Injunctive Relief SBCSS CHILD FIND PROCEDURES SBCSS shall maintain “child find” procedures consistent with federal and state law. Special Education identification shall include self-identification instruments and other testing instruments and other testing instruments to identify students who do not self-identify.
Injunctive Relief SBCSS CHILD FIND SCREENING At enrollment, screening and assessment will include: California Department of Education approved reading assessment California Department of Education approved math assessment Career interest survey, such as COINS Review of previous school records, when available, including suspensions and behavior indicators. Student questionnaire of previous school history Observation by classroom staff Review of work samples Review of any parent-submitted documents
Injunctive Relief SBCSS EDUCATION – REVIEW OF RECORDS REVIEW OF PROBATION RECORDS AVAILABLE TO EDUCATION STAFF
Educational Services Probation & SBCSS EVALUATION OF EDUCATIONAL AND DETENTION NEEDS A youth’s educational needs shall not be determined by the youth’s detention record. However, institutional security and safety considerations must necessarily under exigent circumstances be given precedence. A youth’s assignment to a certain unit shall, wherever possible, take into consideration the educational, physical and mental health needs of the youth, including any and all disabilities.
Educational Services Probation & SBCSS COOPERATION AND COLLABORATION Probation shall maintain a process of cooperation and collaboration regarding the education and treatment of individual youths, including but not limited to, the MDT meetings between Education Staff, Special Education, Mental Health Staff, Medical Staff and Probation Staff. SBCSS shall maintain a process for working collaboratively with other agencies providing services to individual youths, including but not limited to, the MDT meetings between Education Staff, Special Education Staff, Mental Health Staff, Medical Staff, Probation Staff and with the Working Group.
Educational Services Probation & SBCSS MDT MEETINGS Wherever possible, but without including records which could stigmatize an individual youth, such as criminal or delinquent conduct records, MDT meetings may be used a process of collaboration between Education Staff, Special Education Staff, Mental Health Staff, Medical Staff and Probation Staff in furtherance of the youth’s care and treatment.
Special Education & Disability Accommodations Probation & SBCSS EDUCATION OF YOUTH WITH DISABILITIES Probation, DBH and SBCSS shall accommodate students with disabilities. Probation, DBH and SBCSS shall comply with ADA, Rehabilitation Act Section 504 and to the extent applicable, the IDEA, and reasonably address the needs of Youth who use English as a second language. These accommodations shall be provided in the school environment, including physical education and transitions to and from the school environment.
Special Education & Disability Accommodations Probation TRAINING Probation and Mental Health Staff shall be trained to identify ADA and Section 504 needs, and to the extent applicable to the IDEA, and how to refer youth for evaluation including for Special Education and related services.
Special Education & Disability Accommodations Probation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT Probation shall facilitate the delivery of education instruction and materials to youth who are not physically present in the classroom due to safety and security circumstances including “lock downs” and individual restrictions or other reasons. These circumstances are limited to suspension or isolation that legitimately prevent the youth from being physically present in the classroom.
Special Education & Disability Accommodations Probation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT CONTINUED When youth kept on the unit are unable to be physically present in the classroom due to safety and security reasons, Education Staff shall deliver education instruction and materials to Probation Staff for Probation Staff to provide the materials to the youth. Course work and credit for work appropriately completed by youth shall be allocated by Education Staff. Special Education services will be provided in the unit consistent with a student’s IEP.
Special Education & Disability Accommodations Probation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT CONTINUED When the entire class is kept on the unit and safety and security provisions allow, Education Staff shall provide direct instruction to youth kept on the unit.
Special Education & Disability Accommodations Probation SPECIAL EDUCATION FOR YOUTH KEPT ON THE UNIT Probation shall facilitate the provision of Special Education instruction and related services to youth with IEPs who are not physically present in the classroom on a given day due to safety and security reasons such as “lock downs” and individual restrictions or other reasons. Probation shall take a daily census of Special Education students kept on the unit for individual restrictions or other reasons.
Special Education & Disability Accommodations Probation & SBCSS BEHAVIOR SUPPORT AND MANAGEMENT Probation shall maintain a facility-wide positive behavioral support plan, which emphasizes educational outcomes. Probation shall post information explaining the system of incentives and continuum of appropriate consequences in school and housing areas. The rules in school and housing areas shall be consistent with one another.
Special Education & Disability Accommodations SBCSS OPTIONS WHEN SDC ATTENDANCE IMPOSSIBLE A range of all applicable Special Education options shall be provided including Resource Specialist Program (RSP) services, transition planning and related services. The length of the school day is to be considered during the IEP meeting, including direct Special Education, individual direct/related services, and the option to attend both shifts of a double session when appropriate on a case-by-case basis.
Special Education & Disability Accommodations SBCSS OBLIGATIONS WHEN BEHAVIORAL ISSUES IMPACT EDUCATION If serious behavioral issues in the Housing Unit, Juvenile Hall School, or in any transition between areas, impacts the education of or results in the use of force on a youth with disabilities, Education Staff shall consider the need to convene an IEP meeting, to develop a behavior support or Intervention plan, and/or to conduct a “functional analysis”. SBCSS shall follow SELPA policies and procedures pertaining to behavior support plans, behavior intervention plans and “functional analysis”.
Procedural Safeguards Probation GRIEVANCES AND PROCEDURES POSTING INFORMATION AND TRACKING SYSTEM GRIEVANCE TRACKING SYSTEM USE OF FORCE REPORTING AND REVIEW USE OF FORCE TRACKING AND MONTHLY REPORT
Procedural Safeguards SBCSS IDEA PROCEDURAL SAFEGUARDS SBCSS shall coordinate with Probation to provide parents with information regarding procedural safeguards upon students’ arrival at Juvenile Hall Facilities.
Provision of Mental Health Services Probation BEHAVIOR INTERVENTION REQUIREMENTS IDENTIFYING YOUTH NEEDING MENTAL HEALTH SERVICES GENDER SPECIFIC MODELS
Implementation & Monitoring Probation & SBCSS COMPLIANCE DIRECTOR AND EDUCATION MONITOR DUTIES Spot Checks Retention of Data Attending Staff Meetings Reports COMPLIANCE - DOCUMENTATION
Implementation & Monitoring Probation & SBCSS COMPLIANCE RECORDS The Compliance Director and Education Monitor shall maintain sufficient records to document County Defendants’ compliance with all terms of this Settlement Agreement. These records shall be provided to Plaintiff Class’ counsel, or made available to Plaintiff Class’ counsel.