Rights Training

CONTINUOUS IMPROVEMENT AND FOCUSED MONITORING PROCESS

DIVISION OF EDUCATIONAL IMPROVEMENT AND ASSISTANCE

OFFICE OF STUDENT AND SCHOOL PERFORMANCE

DATES OF ON-SITE MONITORING: March 5-8, 2007

SUMMARY OF FINDINGS: REVISED REPORT FOR

COMPLAINT TARGETED MONITORING

CADDO PARISH SCHOOL SYSTEM ON-SITE MONITORING TEAM LEADERS

Diana Jones Michele Staggs

ON-SITE MONITORING TEAM MEMBERS

Nanette Olivier Angela Tyrone Dedra Bright

Shawn Fleming

Additional member: Sherlyn Ezell Powell

The following report is a revised report of the Targeted Monitoring Report that was based on the

On-site Targeted Monitoring conducted March 5-8, 2007. A team of 6 monitors conducted the

on-site visit as a component of the Continuous Improvement Focused Monitoring Process

(CIFMP). Caddo Parish School System was monitored due to a complaint filed with the

Louisiana Department of Education. An additional team member was added to the 6 original

team members to further analyze the information gathered during the on-site visit and to gather

additional information as deemed necessary to investigate the complaint issues, especially with

regard to parental input.

Information and findings of this report are based on information, data, document reviews,

observations, and interviews gathered to investigate allegations contained in the complaint made

regarding students with Emotional Disturbances and other students with disabilities who

manifest behavioral issues and are subjected to repeated disciplinary removals totaling more than

10 days (either I-School Suspension or Out-of School Suspensions) and/or students placed in

alternative school settings in Caddo Parish School System.

The focused monitoring process of the state’s CIFMP involves four steps:

1. Develop compliance hypotheses based on available data.

2. Develop investigative methodologies to test the hypotheses.

3. Conduct the on-site investigation.

4. Draw conclusions regarding compliance with statutory and regulatory requirements.

Demographics and performance information regarding Caddo Parish School System can be

found in the State Special Education Data Profile publication and the school performance

profiles located on the department’s website at:

http://www.louisianaschools.net/lde/specialp/2115.html.

Monitoring Strategies, Methods and Activities

Review of 54 student records, including random and purposeful reviews of students’ IEPs,

evaluation reports, report cards, class schedules, the Special Education Policies and Procedures

Handbook, and other forms currently used.

Review of disciplinary records at school sites and central office.

Interviews with 44 Caddo Parish School System employees including, psychologists (2) social

workers (2) administrators (12), general educators (10), special educators (14), and central office

personnel (4).

Observations of services provided to students through visits to 7 schools.

Input from 33 parents, including face-to-face and telephone interviews.

Focus Topic:

The issues addressed are:

Denial of FAPE

1. Failure to provide appropriate Related Services.

2. Failure to provide special education services in the Least Restrictive

Environment.

3. Failure to Comply with IDEA’s Disciplinary Regulations.

4. Failure to Provide Educational Benefit.

Systemic non-compliant findings were documented for issues:

Denial of FAPE-

1. Failure to provide appropriate Related Services and Accommodations.

3. Failure to Comply with IDEA’s Disciplinary Regulations.

4. Failure to Provide Educational Benefit.

There was no evidence collected to substantiate a non-compliant finding in the area of:

Denial of FAPE-

2. Failure to provide special education services in the Least Restrictive

Environment in regards to placement decisions.

Comment on LRE:

The evidence reviewed indicated that LRE decisions were made by the IEP team on an

individual basis. Justifications were provided for placements. Students’ IEPs contained

documentation that supports the reasons why their objectives\goals could not be

accomplished in the general education setting with the supports and services provided at the

time of the IEP meeting. The IEPs contained statements addressing how the supports and

services could be provided in the selected placement option, which was more restrictive.

Caddo Parish School System already scheduled to be monitored by a different CIFMP team

during the same week that the targeted monitoring was conducted. During the week of

monitoring the 2 teams did not collaborate and both teams found many of the same

violations. Neither team found systemic LRE violations in regard to LRE placement

decisions.

Caddo Parish is currently placing fewer students with Emotional Disturbances in self-

contained setting and more in general education settings. See data below of placement of

students with Emotional Disturbances from 2004 to 2007.

2004 2005 2006 2007 General education more than 80%

(Regular class settings) 19.19% 29.30% 30.14% 36.84%

General education less than 40%

(Special education self-contained 52.04% 43.26% 44.02% 37.43%

settings)

It should be noted that even though the team did not find evidence to support non-compliance of

FAPE in the LRE in regards to placement decisions, the other 3 non-compliant issues adversely

affect FAPE in the LRE as these issues are inextricably inter-related. For instance, inadequate

supports and services provided to students directly impacts and could deny students access to

their LRE.

It should also be noted that Special Education Student Data are not recorded and/or maintained

accurately for some students with disabilities (regulation §490.) The team noted excessive

white-out on 22 records. Some of these records had ½ to ¾ of a page covered with white-out

substance. The word DRAFT was stamped or written across the front page of 31 records. Eight

records reviewed indicated that the parish records concerning minutes of service, attendance, and

discipline were discrepant. In one instance signatures had been cut from another document and

pasted in place. There seems to be no standard of acceptability for student records. Failure to

record and maintain student data negatively impacted the teams’ ability to make conclusions.

Findings of Non-Compliance

Caddo Parish School System

Reg. Ref. # Description of Finding Supporting Evidence Comments

§401

§444E H

Students are not receiving

effective supports and

services to include

“Related Service

counseling” nor

appropriate

accommodations that

would enable them to

benefit from and make

progress both academically

and behaviorally in the

general curriculum thus

denying students FAPE.

Review of 38 records of students who experiencing repeated disciplinary

infractions as well as academic failures in the general curriculum were

purposefully reviewed to examine the effectiveness of supports and

services, to include the related service counseling as well as

accommodations that were provided for the students. The evidence

indicated that:

• Eighteen of the 38 records reviewed did not address whether the

students needed counseling even though reports indicated that the

students had Emotional Disturbances and/or serious emotional

and behavioral issues.

• Twenty-eight records had no documentation that the students’

academic or behavioral failures had been addressed in any way.

There was no indication that meetings, conferences, written or

oral communications of any kind had been utilized. There was

no documentation that accommodations or modifications were

examined or adjusted to deal with students’ academic or

behavioral failure.

• Seventeen of the records had evidence that there had been

meetings but the only change made to the individual IEPs were

new IEP dates.

Ten of 14 purposefully reviewed records of students who were receiving

counseling as a related service had no documentation that:

• Related Services or accommodations were modified for students

in correlation to the number of disciplinary referrals\suspensions,

etc;

• Feedback from Related Services and accommodations provided

were used to individualize or adjust intensity or frequency of

services needed to facilitate changes in behaviors and a reduction

in disciplinary referrals;




• Eighteen Behavior Intervention Plans (BIPs) for students who had

been suspended during the current academic year were reviewed.

Review of the BIPs indicated that the students had not been

provided adequate supports to enable the students to progress

academically and socially. There was no documentation that

positive behavior supports had been implemented. Progress

reports were not maintained to reflect implementation of

identified interventions.

After thorough examination of records and purposeful interviews with 27

school personnel, it was determined that inappropriate behaviors were not

changed as a result of the BIPs written for these students.

Twenty-two of 33 purposeful parent interviews also revealed a lack of

utilization of Related Services and appropriate accommodations to

address students’ academic and behavioral issues.

Purposeful interviews with 11 of 17 special education and 7 of 7 general

education teachers indicated that students’ academic and behavioral issues

had not been efficiently monitored nor had related services or

accommodations been changed to address the problems.

§444B.1.

Effective strategies

including positive

behavioral intervention

strategies and supports to

address behaviors that

impede students’ progress

in the general curriculum

and IEP implementation

are not addressed through

It was determined that effective strategies including positive behavioral

intervention strategies and supports to address behaviors that impede

students learning are not addressed through the students’ instructional

program for all students

Discipline records and IEP records were reviewed for 27 students who

had been suspended from school or placed in an alternative setting during

the past year. Twenty-two of the 27 records reviewed contained no

evidence that positive behavioral supports had been implemented.

There was no

conclusive evidence

found that indicated

that the system

engaged in a

pattern\practice of

conducting Sham

Manifestation

Determination




the students’ instructional

program.

Inappropriate student behaviors were not changed as a result of the

behavior plans for these students. The records reviewed indicated that the

Behavior Intervention Plans were not effectively revised as students’

inappropriate behavior continued and/or escalated. Seven of the IEPs had

been reconvened; however, there was no evidence of any change in the

Behavior Intervention Plans or the students’ behavior.

Twelve of 14 on-site personnel purposefully interviewed corroborated that

the Behavior Intervention Plans are usually not implemented across

settings. Nine of 14 on-site personnel expressed that suspensions or

removal to alternative settings did not deter infractions as evidenced by

repeat infractions. Ten of 14 interviewees expressed that when students

return to school they will often immediately engage in the inappropriate

behavior that they were suspended for because of lack of effective

positive supports in place through the instructional program.

Sixteen purposeful parent interviews reported that that they felt that the

behavior interventions conducted by the school system were not effective

based on repeat infractions of the children.

Reviews

(MDRs) wherein

students’ behaviors

(i.e. SED Students and

other students with

behavioral related

disabilities) that are

clearly related to

their disabilities are

routinely\illegally

found to be unrelated,

and such

determinations are

subsequently used

to illegally place

students in more

restrictive settings

including

Alternative School

settings.

§519 Discipline procedures and

safeguards were not

followed according to

regulations with regards to

Functional Behavior

Assessments,

Manifestation

Determinations, and

special educations services

to students who have been

The system failed to follow the procedural safeguards and procedures

concerning discipline In 9 of 25 purposeful records reviewed there was

not adequate documentations that Functional Behavior Assessments and

Manifestation Determinations had been conducted for students who had

been removed from school for 10 days. . One Principal reported that he

did not conduct Manifestation Determinations after a student had been

removed for ten (10) days but he continued to suspend students from

school.




suspended from school for

more than 10 days.

Seven of 25 purposefully reviewed records indicated that the students had

been removed from school for more than 10 days without services.

Six of 10 purposeful interviews with teachers revealed that they were

aware that discipline procedures were not always followed. The 6

teachers expressed that the discipline matters were taken up by

administrators and that they often had no input into the decisions made

about the discipline issues of their students once they were referred to the

office.

§490 Special Education Student

Data are not recorded

and/or maintained

accurately for some

students with disabilities.

The team noted excessive white-out on 22 records. Some of these records

had ½ to ¾ of a page covered with white-out substance. The word

DRAFT was stamped or written across the front page of 31 records. Eight

records reviewed indicated that the parish records concerning minutes of

service, attendance, and discipline were discrepant. In one instance

signatures had been cut from another document and pasted in place.

There seems to be no

standard of

acceptability for

student records.

Student-Specific Findings of Non-Compliance

Caddo Parish School System The information contained on these pages is confidential and should be deleted from the report when copies are made for the general public.

School Student Issue area Hamilton Terrace Alternative Darrell Coleman No FBA in the file. BIP including modifications were inadequate

to provide adequate supports to enable this student to

progress academically and socially.

IEP programming (Pre-GED) is not being followed.

Amount of service minutes on the IEP is not being provided.



School Student Issue area Failure to provide adequate academic supports to enable students

to benefit from and make progress in the general curriculum.

Linear Middle School

Failure to provide services as indicated on IEP after 10 days of

removals.

No Manifestation Determination conducted after 10 days of

removals

Southwood High

Failure to provide adequate academic supports to enable students



removals.

BIP including modifications were inadequate to provide adequate

supports to enable this student to progress academically and

socially.

Oak Terrace

Failure to provide adequate supports to enable students to benefit

from and make progress in the general curriculum; Discipline

Failure to maintain and assure accurate student records. White out

used on IEP.

Ray Vailes Failure to provide adequate supports to enable students to benefit















School Student Issue area from and make progress in the general curriculum; Discipline

Linwood

Failure to provide adequate academic supports to enable

students to benefit from and make progress in the general

curriculum.

Failure to maintain and assure accurate student records;

signatures were cut and pasted onto the IEP.

Failure to provide adequate academic supports to enable students


Failure to maintain and assure accurate student records. . White

out used on IEP.

Student was removed from the classroom for 19 days but was not

provided any related services.

Bethune Middle Academy Failure to provide adequate academic supports including indicated

related services to enable students to benefit from and make

progress in the general curriculum.

No FBA in the file BIP including modifications were inadequate to

provide adequate supports to enable this student to progress

academically and socially.

MDR not conducted within the 10 day timeline


removals. (17 days)

MDR was incomplete.

Failure to keep adequate discipline records.

Failure to provide adequate academic supports including indicated



FAPE: Progress & Benefit from General Curriculum; Discipline;

Maintenance of Records


Counseling; Maintenance of Records




School Student Issue area Maintenance of Records


Maintenance of Records


Hamilton Terrace Trivensky Odom LD NO MDR found in school files.


provide adequate academic supports to enable this student to

progress academically and socially.

Rodriquez Kennedy MMD Failure to provide adequate related services.

Failure to place student in the Least Restrictive Environment


removals.


provide adequate supports to enable this student to progress

academically and socially.

Failure to keep accurate attendance records.

Linear Middle


removals.

Selected placement does not match the information on the direct

service page.

Placement selected does not match direct service page.



socially.

Student is not receiving the services indicated on his IEP.

Southwood

Failure to provide adequate related services.

Failure to provide adequate supports including indicated



: No FBA conducted.



School Student Issue area Failure to provide adequate academic supports including indicated





socially.

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