Chanda Smith, et. al., Plaintiffs.
vs.
LAUSD, et. al., Defendants
MODIFIED
CONSENT
DECREE
1
Presentation Content
• BRIEF BACKGROUND
• ESSENTIAL ELEMENTS
• OTHER FEATURES
2
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)
3
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)
4
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.
5
Essential Elements of the
Modified Consent Decree
A.
B.
C.
D.
18 Outcomes
Independent Monitor
Annual Plan
Disengagement
Standards
6
Essential Element:
A. Outcome-Based Consent
Decree
18 Outcomes
• Objective and measurable
• Data driven
• Achievable by June 30, 2006
• Disengagement from outcomes as
achieved
7
PROGRESS IN THE GENERAL
CURRICULUM
Outcome No. 1:
Participation in the Statewide Assessment
Program
Students with disabilities will
participate in state and district
assessment programs for
accountability for achievement in
compliance with IDEA and NCLB
8
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.
9
PROGRESS IN THE GENERAL
CURRICULUM
Outcome No. 2:
Performance in the Statewide
Assessment Program
Performance scores for students with
disabilities on state and district
assessments will increase
10
PROGRESS IN THE GENERAL
CURRICULUM
Outcome No. 2:
Performance in the Statewide
Assessment Program
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
11
the key performance indices.
GRADUATION,
COMPLETION, DROP OUT RATES
Outcome No. 3:
Graduation Rate
Graduation rates for students
with disabilities will increase
12
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.
13
GRADUATION,
COMPLETION, DROP OUT RATES
Outcome No. 4:
Completion Rate
The rate of students (grades
7-12) completing high school will
increase (drop out rate will decrease)
Diploma – Certificate of Completion – Age Out
__________________________________________________________
Diploma – Certificate of Completion – Age Out – Drop Out
14
GRADUATION,
COMPLETION, DROP OUT RATES
Outcome No. 4:
Completion Rate
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)
15
SUSPENSIONS
Outcome No. 5:
Reduction of Long-Term Suspensions
Percent of long-term suspensions
(6 or more cumulative days) will
decrease
16
SUSPENSIONS
Outcome No. 5:
Reduction of Long-Term 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.
17
HOME SCHOOL PLACEMENT/
LRE
Outcome No. 6:
Placement of Students with Disabilities
(6-22) with Eligibilities of SLD and SLI
Students with specific learning disabilities
and speech and language disabilities will
receive increased instructional time in the
general education program with supports
and services
18
HOME SCHOOL PLACEMENT/
LRE
Outcome No. 6:
Placement of Students with Disabilities
(6-22) with Eligibilities of SLD and SLI
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 61100% category according to Federal
placement reporting requirements.
19
HOME SCHOOL PLACEMENT/
LRE
Outcome No. 7:
Placement of Students with Disabilities
(6-22) with All Other Eligibilities
Students with all other disability eligibilities
will receive increased instructional time
in the general education program with
supports and services
20
HOME SCHOOL PLACEMENT/
LRE
Outcome No. 7:
Placement of Students with Disabilities
(6-22) with All Other Eligibilities
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 61100% category according to Federal
placement reporting requirements.
21
HOME SCHOOL PLACEMENT/
LRE
Outcome No. 8:
Home School
Students with disabilities will
attend the school they would
attend if they were not
identified as disabled
22
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
23
education and related services in the least restrictive environment.
TRANSITION PLANNING
Outcome No. 9:
Individual Transition Plan
Students with disabilities age 14
and older will have compliant
plans for transition into adult
living as part of their IEPs
24
TRANSITION PLANNING
Outcome No. 9:
Individual Transition Plan
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.
25
EVALUATIONS
Outcome No. 10:
Timely Completion of Evaluations
Initial evaluations will be completed
and the IEPs to review the
evaluations will be convened within
timelines required by law
26
EVALUATIONS
Outcome No. 10:
Timely Completion of 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
27
Disproportionality
Outcome No.:
Disproportionality
The District will submit data/analysis
regarding whether African-American
students are over-represented as
emotionally disturbed to Independent
Monitor: Outcome possibly
developed
28
Disproportionality
Outcome No.:
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
29
established.
COMPLAINTS, DISPUTES, AND
INFORMAL DISPUTE RESOLUTION
Outcome No. 11:
Complaint Response Time
Complaints will be responded to in a
timely manner:
• Remedy and date
• Information regarding referral
• Suggested action to take
• Complaint unfounded
30
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
31
complaint is resolved.
COMPLAINTS, DISPUTES, AND
INFORMAL DISPUTE RESOLUTION
Outcome No. 12:
Informal Dispute Resolution
Most informal dispute resolution
procedures will be concluded
within 20 working days
32
COMPLAINTS, DISPUTES, AND
INFORMAL DISPUTE RESOLUTION
Outcome No. 12:
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.
33
SERVICES
Outcome No. 13:
Delivery of Services
Performance outcome will be
established by Independent
Monitor seeking substantial
compliance regarding
implementation of IEPs
34
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 population35
in the District.
PARENT PARTICIPATION AT IEP
MEETINGS
Outcome No. 14:
Increased Parent Participation
Parent participation in IEP
meetings will increase
36
PARENT PARTICIPATION AT IEP
MEETINGS
Outcome No. 14:
Increased Parent Participation
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
37
2004-2005 Annual Plan.
IEP TRANSLATIONS
Outcome No. 15:
Timely Completion of Future
Translations
IEP translations will be
completed in a timely
manner
38
IEP TRANSLATIONS
Outcome No. 15:
Timely Completion of Future
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
39
QUALIFIED PROVIDERS
Outcome No. 16:
Increase in Qualified Providers
The number of qualified special
education teachers will be
comparable to the number of
qualified general education
teachers
40
QUALIFIED PROVIDERS
Outcome No. 16:
Increase in 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%.
41
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
42
BEHAVIORAL INTERVENTIONS,
STRATEGIES, SUPPORTS
Outcome No. 17:
IEP Team Consideration of Special
Factors—Behavioral Interventions,
Strategies, and 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
43
outcome.
Essential Element:
B. Independent Monitor
• Consent Decree Administrators
discharged
• Independent Monitor
(Dr. Carl Cohn)
• Consultant to Independent
Monitor
(Dr. Thomas Hehir)
44
INDEPENDENT MONITOR
Powers 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
45
Essential Element:
C. Annual Plan
For each outcome:
• Benchmarks
• Action steps
• Responsible staff
• Evidence of completion
• Completion dates
46
Essential Element:
C. Annual Plan
• Timelines
• Submission of Annual Plan
• Adoption of Annual Plan by
Independent Monitor
• Decision of Independent Monitor
final
47
Sample
Annual Plan
48
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 2160% 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
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.
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.
Responsible
Staff
Associate
Superintendent,
Division of
Special
Education
Director,
Instructional
Initiatives,
Division of
Special
Education
Evidence of
Completion
Timeline
 Written
communications to
schools
July 2003
 Professional
Development
Calendar/Report,
2003-2004
 Individual Personnel
Certification Forms
June 2004
49
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
Director,
Instructional
Initiatives,
Division of
Special
Education
 Sample integrated
professional
development materials
June 2004
Identify and analyze research-based strategies for educating
diverse learners through differentiated instruction to be
integrated into all District instructional initiatives.
50
Establish and hold bi-monthly parent forums to increase LRE
knowledge.
Specialist, Parent
Involvement and
Support, Division
of Special
Education
 Agendas; Sign-In
Sheets
Monitor school level data regarding percentage of students with
eligibilities of SLD and SLI participating in the general education
classroom.
Associate
Superintendent,
Division of Special
Education
 Data Reports
Monitor school level implementation by reviewing one-fourth of the
schools through the Coordinated Compliance Review/District Validation
Review process, including classroom observations.
Director,
Compliance and
Monitoring Unit,
Division of Special
Education
 CCR/DVR School
Reports
 District Summary
Report
June 2004
Randomly monitor schools not subject to the CCR/DVR process for
implementation of LRE elements of Single Plan for Student
Achievement (comprehensive or abridged versions).
Director,
Compliance and
Monitoring Unit,
Division of Special
Education
 Summary reports to
Associate
Superintendent, Division
of Special Education and
Local District
Superintendents
June 2004
June 2004
December 2003
and May 2004
51
SCHOOL LEVEL
Action Steps
Responsible Staff
Evidence of Completion
Timeline
Set individual school growth percentage increase of students with SLD and
SLI eligibilities placed in combined categories of 0-20% and 21-60% for
2003-2004.
Principals
 School Special
Education Strategic Plan
September 2003
Implement current year phase of LRE elements of Single Plan for Student
Achievement (comprehensive or abridged versions) to initiate/expand
collaborative service delivery models and supports, to increase the
percentage of students with eligibilities of SLD and SLI participating in the
general education classrooms, and to expand the capacity for students
with disabilities to access the general curriculum through differentiated
instruction.
Principals
 School data regarding
percent of time SLD/SLI
students spending outside
the general education
classroom
 Analysis of end of year
evaluative data related to
evaluation of Single Plan
for Student Achievement
May 2004
Monitor implementation of Single Plan for Student Achievement
(comprehensive or abridged versions) for compliance with benchmarks,
action plans and evaluative data.
Principals
 Analysis of end of year
evaluative data related to
evaluation of Single Plan
for Student Achievement
January – May
2004
52
Essential Element:
D.
Disengagement from the Consent
Decree
Modified Consent Decree remains in full
force and effect until Independent Monitor
has certified that:
• District has achieved each outcome
• District is in substantial compliance with
applicable special education laws and
regulations
• District is in substantial compliance with
program accessibility requirements
53
OTHER FEATURES
• Parent Council
• Complaint Response Unit
• Authority of Chief Administrator, Special
Education
• Annual Hearing
• Accessible Facilities
$67.5 million – Renovations, repairs
$20 million – “on demand” requests, minor renovations
54
Questions?
55
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Chanda Smith, et. al. Plaintiffs. vs. LAUSD, et. al