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Valenzuela/(CAHSEE) Lawsuit Settlement

Valenzuela/(CAHSEE) Lawsuit Settlement. Orientation for Orange County LEAs Presented by The Orange County Department of Education March 12, 2008. Lawsuit Background.

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Valenzuela/(CAHSEE) Lawsuit Settlement

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  1. Valenzuela/(CAHSEE)Lawsuit Settlement Orientation for Orange County LEAs Presented by The Orange County Department of Education March 12, 2008

  2. Lawsuit Background • In February 2006, Morrison & Foerster LLP representing California students unable to graduate as a result of failing the CAHSEE, filed a class action lawsuit against the Superintendent of Public Instruction, the State of California, the California Department of Education, and the California State Board of Education • The lawsuit alleged that the state failed to provide students, especially those living in poverty, with an equal and reasonable opportunity to pass the CAHSEE 1

  3. Implementing Legislation AB 347 (Nava, Chapter 526, Statutes of 2007) • Requires school districts, charter schools, and county superintendents participating in the intensive instruction and services program to offer services to students who did not pass the CAHSEE by the end of grade 12 beginning with Class of 2006 • Students are entitled to services for two consecutive academic years following grade 12 • Establishes oversight and monitoring responsibilities for county superintendents 2

  4. OC LEAs Affected by AB 347 • 15 School Districts • 3 Charter Schools • 1 County Office of Education 3

  5. Key Elements of AB 347 • Notification requirements: • Notify students of eligibility for services and the right to file a complaint regarding those services by sending a letter to last known address • Notify students before the end of the school term in sufficient time to register for services • Notify students each term for two academic years after grade 12 • Post notice of eligibility for services at district office, school sites, and on district website • In 07-08, LEAs must notify eligible students in the classes of 2006 and 2007; Class of 2008 notified before the end of June 2008 4

  6. Services Must: • Be provided until student passes CAHSEE, or a maximum of 2 consecutive academic years after grade 12 • Be based on diagnostic assessments and prior results of the CAHSEE • Be provided to English Learners to improve English proficiency, as needed, to pass the CAHSEE • Employ strategies that are most likely to result in students passing the CAHSEE 5

  7. Uniform Complaint Procedure (UCP) • Revised Classroom Notice Requirements: • Use revised Williams UCP policy and classroom notice at all LEA schools serving students in grades 10-12 to resolve complaints related to the opportunity to receive intensive instruction and services • Submit a quarterly report of summarized data on the nature and resolution of complaints to the governing board and county superintendent 6

  8. County Superintendent Monitoring Responsibilities • Verify that all participating LEAs notified eligible students • Verify that students who elect to receive services are served • Contract with another county superintendent to monitor county-operated programs • Include verification information in quarterly reports to local district and county boards for Williams schools in Deciles 1-3 serving students in grades 10-12 and in annual report due in November 2008 7

  9. Documentation Verification Protocol • Letter sent requesting required documents for verification to LEAs – Due Date 4-30-08 • Documentation review by OCDE – May 08 • Results included in the quarterly and annual reports for Decile 1-3 schools – 7-31-08 and November 08 • Letter sent to superintendent of schools who are not in Decile 1-3 or charter school director sharing the results of the review July 08 8

  10. Documentation Required for Verification • Completed LEA Assurances and Checklist for Documentation Verification • Copy of LEA Uniform Complaint Procedures (UCP) Policy • Copy of LEA UCP Classroom Notice • Copy of LEA Student Eligibility Letter that was sent to last known address • Copy of LEA Student Eligibility Notice that is posted at the school site, district office, and on district website • List of students for classes of 2006 and 2007 provided by the Educational Testing Service (ETS) to the LEA of students who did not pass the CAHSEE 9

  11. Student Notice and Service Data Spreadsheet (Table A) • Data taken from ETS list of students who did not pass one or both parts of the CAHSEE for the graduating classes of: • 2006 (2005/2006) • 2007 (2006/2007) • Submit a separate Student Notice and Service Data Spreadsheet (Table A) for each graduating year 10

  12. Requirements for Table A • Student identifier # • Full 14 digit County-District-School (CDS) code of the High School or Charter School • School Decile Rank on the 2006 Base API • Letter notification date(s) • Student elected to receive services (Y/N) • Student served (Y/N) 11

  13. Requirements for Table A (cont’d.) • Diagnostic Assessment provided 8-15 Identify and place an X value to any and all services that have been provided to the student 9. If the student successfully passes the CAHSEE after providing instructional services, note the date in the last two columns 12

  14. Student Level and District-Wide Student Notice and Service Data Summaries (Table B & Table C) • Once Tables A are completed for graduating class of 2006 and 2007: • Complete School Level Summary (Table B) for each school listed in Table A • Complete District Level Summary (Table C) for all students listed in Table A 13

  15. Next Steps for LEAs • Post notice of eligibility for services in district office, school sites, and on district website • Post updated UCP forms at school sites • Notify students before the end of the school term of their rights under Valenzuela/CAHSEE • Submit required documents to Orange County Department of Education by April 30, 2008 14

  16. Web Resources Forms are available at: http://williams.ocde.us/valenzuela Additional information is available at: http://www.ccsesa.org/index/ValenzuelaTrainingMaterials.cfm 15

  17. Frequently Asked Questions • If a student resides within the boundaries of a district or county which is participating in the CAHSEE Intensive Instruction and Services Program and requests services to pass the CAHSEE but did not attend a school operated by that district or county superintendent in grade 12, is the district or county office obligated to provide services? Yes 16

  18. FAQs • Are LEAs required to track data and notify students who are not on track to graduate and have not passed the CAHSEE? • Students who have not passed the CAHSEE by the end of grade 12 are to be notified and served if they elect to be served, whether or not they have completed all other graduation requirements. Yes 17

  19. FAQs • If a student passes the GED or the California High School Proficiency Exam (CHSPE) does that end their eligibility for services under the CAHSEE Intensive Instruction and Services Program? • Completing either of these alternatives does not preclude students from accessing services under the CAHSEE Intensive Instruction and Services Program. No 18

  20. FAQs • What is the definition of academic “term”? The definition of “term” is locally defined depending on whether a course of study is a semester, quarter, trimester or some other configuration. 19

  21. FAQs • Can LEAs create a form letter to be signed by the student indicating that they are declining services and, therefore, eliminate the need to further notify the student each term? • However, even if a student declines further notification, he or she would remain eligible for services for up to two years after the end of grade 12 and would need to be served by the LEA if services were sought within the two-year period after grade 12. Yes 20

  22. FAQs • If the Student Eligibility Letter is returned and no forwarding address is provided, is the LEA obligated to continue to send a letter each term for the student’s period of eligibility? • Does the Student Eligibility Letter need to be sent certified or registered mail? No No 21

  23. Questions 22

  24. Contacts • Nicole Savio Coordinator – School & Community Services Ph: (714)966-4385 nsavio@ocde.us • Aracely Salazar Project Manager – School & Community Services Ph: (714) 966-4377 asalazar@ocde.us • Karol Gartner Senior Program Technician – School & Community Services Ph: (714) 966-4336 kgartner@ocde.us 23

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