MODIFIED CONSENT DECREE

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1 MODIFIED MODIFIED CONSENT DECREE CONSENT DECREE Chanda Smith, et. al., Chanda Smith, et. al., Plaintiffs. Plaintiffs. vs. vs. LAUSD, et. al., Defendants LAUSD, et. al., Defendants
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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) - PowerPoint PPT Presentation

Transcript of MODIFIED CONSENT DECREE

  • MODIFIED CONSENT DECREEChanda Smith, et. al., Plaintiffs. vs. LAUSD, et. al., Defendants

  • Presentation ContentBRIEF BACKGROUND

    ESSENTIAL ELEMENTS

    OTHER FEATURES

  • Brief Background1996 - 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)

  • Brief Background cont.August 2001District filed motion to modify decree (motion denied)

    October 2001, District appealed (U.S. Court of Appeals, 9th Circuit)

    June 2002-April 2003Mediation with Expert Mediator (all issues addressed through this mediation process)

  • Modified Consent Decree:Essential Elements The Modified Consent Decree (MCD) represents the commitment of the Board of Education of LAUSD that the Districts 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.

  • Essential Elements of the Modified Consent Decree18 OutcomesIndependent MonitorAnnual PlanDisengagement Standards

  • Essential Element: A.Outcome-Based Consent Decree 18 Outcomes Objective and measurable

    Data driven

    Achievable by June 30, 2006

    Disengagement from outcomes as achieved

  • 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 NCLBOutcome No. 1: Participation in the Statewide Assessment Program

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

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

  • 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

  • GRADUATION, COMPLETION, DROP OUT RATESGraduation rates for students with disabilities will increaseOutcome No. 3: Graduation Rate

  • GRADUATION, COMPLETION, DROP OUT RATESThe 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; theIndependent Monitor will revisit this agreement with the parties if the States diploma requirements change.Outcome No. 3: Graduation Rate

  • The rate of students (grades 7-12) completing high school willincrease (drop out rate will decrease)Outcome No. 4: Completion RateGRADUATION, COMPLETION, DROP OUT RATESDiploma Certificate of Completion Age Out__________________________________________________________Diploma Certificate of Completion Age Out Drop Out

  • The Districts 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 RateGRADUATION, COMPLETION, DROP OUT RATES

  • Outcome No. 5:Reduction of Long-Term SuspensionsPercent of long-term suspensions (6 or more cumulative days) will decreaseSUSPENSIONS

  • Outcome No. 5:Reduction of Long-Term SuspensionsBy 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.

    SUSPENSIONS

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

  • HOME SCHOOL PLACEMENT/ LREBy 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

  • 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 servicesHOME SCHOOL PLACEMENT/ LRE

  • Outcome No. 7: Placement of Students with Disabilities (6-22) with All Other EligibilitiesBy 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.

    HOME SCHOOL PLACEMENT/ LRE

  • Students with disabilities will attend the school they would attend if they were not identified as disabledOutcome No. 8: Home SchoolHOME SCHOOL PLACEMENT/ LRE

  • 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.Outcome No. 8: Home SchoolHOME SCHOOL PLACEMENT/ LRE

  • TRANSITION PLANNING Students with disabilities age 14 and older will have compliant plans for transition into adult living as part of their IEPsOutcome No. 9: Individual Transition Plan

  • 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

  • EVALUATIONS Initial evaluations will be completed and the IEPs to review the evaluations will be convened within timelines required by lawOutcome No. 10: Timely Completion of Evaluations

  • 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 daysOutcome No. 10: Timely Completion of Evaluations

  • DisproportionalityThe District will submit data/analysis regarding whether African-American students are over-represented as emotionally disturbed to Independent Monitor: Outcome possibly developedOutcome No.: Disproportionality

  • DisproportionalityDuring 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

  • COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONComplaints will be responded to in a timely manner:Remedy and dateInformation regarding referralSuggested action to takeComplaint unfoundedOutcome No. 11: Complaint Response Time

  • COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONThe 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.Outcome No. 11: Complaint Response Time

  • COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONMost informal dispute resolution procedures will be concluded within 20 working daysOutcome No. 12: Informal Dispute Resolution

  • COMPLAINTS, DISPUTES, AND 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.

    Outcome No. 12: Informal Dispute Resolution

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

  • SERVICES The Independent Monitor, in consultation with the parties, shall establish a performance outcome to measure the Districts delivery of services in accordance with a childs 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.Outcome No. 13: Delivery of Services

  • PARENT PARTICIPATION AT IEP MEETINGS Parent participation in IEP meetings will increaseOutcome No. 14: Increased Parent Participation

  • 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

  • IEP TRANSLATIONS IEP translations will be completed in a timely mannerOutcome No. 15: Timely Completion of Future Translations

  • IEP TRANSLATIONS By the end of the 2005-2006 school year, the District shall complete IEP translations requested since July 2003 in the Districts seven primary languages as follows:85% within 30 days95% within 45 days98% within 60 daysOutcome No. 15: Timely Completion of Future Translations

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

  • 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

  • BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS

    IEP teams will appropriately consider strategies and behavioral supports/interventions to address behavior that impedes learningOutcome No. 17: IEP Team Consideration of Special FactorsBehavioral Interventions, Strategies, and Supports

  • BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTS The Independent Monitor shall review the Districts implementation of IDEAs 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 FactorsBehavioral Interventions, Strategies, and Supports

  • Essential Element: B.Independent MonitorConsent Decree Administrators dischargedIndependent Monitor (Dr. Carl Cohn)Consultant to Independent Monitor(Dr. Thomas Hehir)

  • INDEPENDENT MONITORPowers and DutiesApprove an Annual Plan submitted by the DistrictVerify the accuracy of the Districts data used to measure Districts performance Make determinations of Districts achievement of outcomesOrder the District to comply with decisions made by Independent Monitor

  • Essential Element: C.Annual PlanFor each outcome:Benchmarks Action steps Responsible staffEvidence of completionCompletion dates

  • Essential Element: C.Annual PlanTimelines Submission of Annual PlanAdoption of Annual Plan by Independent MonitorDecision of Independent Monitor final

  • Sample Annual Plan

  • Essential Element: D.Disengagement from the Consent DecreeModified 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

  • OTHER FEATURESParent CouncilComplaint Response UnitAuthority of Chief Administrator, Special EducationAnnual HearingAccessible Facilities$67.5 million Renovations, repairs$20 million on demand requests, minor renovations

  • Questions?