1 / 55

MODIFIED CONSENT DECREE

Chanda Smith, et. al., Plaintiffs. vs. LAUSD, et. al., Defendants. MODIFIED CONSENT DECREE. Presentation Content. BRIEF BACKGROUND ESSENTIAL ELEMENTS OTHER FEATURES. Brief Background. 1996 - District entered into Chanda Smith Consent Decree (Federal Court)

bufordc
Download Presentation

MODIFIED CONSENT DECREE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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 • 1996 - District entered into Chanda Smith Consent Decree (Federal Court) • 1996-2001 - 17 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 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

  9. PROGRESS IN THE GENERAL CURRICULUM Outcome No. 1: Participation in the Statewide Assessment Program By the end of the 2005-2006 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 Performance scores for students with disabilities on state and district assessments will increase Outcome No. 2: Performance in the Statewide Assessment Program

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

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

  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 2001-02 data by at least 5% (no less than 42.01% of grade 12 students with disabilities) during the 2003-04 school year, at least 5% (no less than 44.11% of grade 12 students with disabilities) during the 2004-05 school year, and at least 5% (no less than 46.32% of grade 12 students with disabilities) during the 2005-06 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 The rate of students (grades 7-12) completing high school will increase (drop out rate will decrease) Outcome No. 4: Completion Rate Diploma – Certificate of Completion – Age Out __________________________________________________________ Diploma – Certificate of Completion – Age Out – Drop Out

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

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

  17. Outcome No. 5: Reduction of Long-Term Suspensions 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 2001-2002 school year to 2% of the total suspensions of students with disabilities.

  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. HOME SCHOOL PLACEMENT/ LRE By the end of the 2005-2006, 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 61-100% category according to Federal placement reporting requirements. Outcome No. 6: Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI

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

  21. Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other Eligibilities HOME SCHOOL PLACEMENT/ LRE By the end of the 2005-2006, 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 61-100% category according to Federal placement reporting requirements.

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

  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 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. TRANSITION PLANNING By the end of the 2005-2006 school year, 98% of all students age 14 and over shall have an Individual Transition Plan developed in accordance with federal law. Outcome No. 9: Individual Transition Plan

  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. EVALUATIONS By the end of the 2005-2006 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 Outcome No. 10: Timely Completion of Evaluations

  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. Disproportionality During the 2003-2004 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. Outcome No.: Disproportionality

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

  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 Most informal dispute resolution procedures will be concluded within 20 working days Outcome No. 12: Informal Dispute Resolution

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

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

  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 Parent participation in IEP meetings will increase Outcome No. 14: Increased Parent Participation

  37. PARENT PARTICIPATION AT IEP MEETINGS 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 2004-2005 Annual Plan. Outcome No. 14: Increased Parent Participation

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

  39. IEP TRANSLATIONS By the end of the 2005-2006 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 Outcome No. 15: Timely Completion of Future Translations

  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. QUALIFIED PROVIDERS By June 30, 2006, the disparity between qualified regular education and special education teachers will decrease from 10.4%, based on the 2001-2002 school year, to 3.4%. Outcome No. 16: Increase in Qualified Providers

  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 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. Outcome No. 17: IEP Team Consideration of Special Factors—Behavioral Interventions, Strategies, and Supports

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

  45. INDEPENDENT MONITORPowers 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. 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 2005-2006 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 61-100% category according to Federal placement reporting requirements 2003-2004 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 2003-2004. 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, 2003-2004 ·Individual Personnel Certification Forms June 2004

  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, 2003-2004 ·Professional Development Calendar, 2003-2004 ·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, 2003-2004 ·Professional Development Calendar, 2003-2004 ·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, 2003-2004 ·Professional Development Calendar, 2003-2004 ·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

More Related