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MODIFIED MODIFIED CONSENT CONSENT DECREEDECREE

Chanda Smith, et. al., Chanda Smith, et. al., Plaintiffs. Plaintiffs.

vs. vs.

LAUSD, et. al., DefendantsLAUSD, et. al., Defendants

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Presentation ContentPresentation Content

• BRIEF BACKGROUND

• ESSENTIAL ELEMENTS

• OTHER FEATURES

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Brief BackgroundBrief 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)

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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)

Brief Background cont.Brief Background cont.

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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.

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Essential Elements of the Essential Elements of the Modified Consent DecreeModified Consent Decree

A.A. 18 Outcomes18 Outcomes

B.B. Independent MonitorIndependent Monitor

C.C. Annual PlanAnnual Plan

D.D. Disengagement StandardsDisengagement Standards

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Essential Element:Essential Element: A.A. Outcome-Based Consent Outcome-Based Consent DecreeDecree

18 Outcomes18 Outcomes • Objective and measurable

• Data driven

• Achievable by June 30, 2006

• Disengagement from outcomes as achieved

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Students with disabilities will participate in Students with disabilities will participate in state and district assessment programs state and district assessment programs for accountability for achievement in for accountability for achievement in compliance with IDEA and NCLBcompliance with IDEA and NCLB

Outcome No. 1Outcome No. 1: : Participation in the Statewide Assessment Participation in the Statewide Assessment ProgramProgram

PROGRESS IN THE GENERAL CURRICULUMPROGRESS IN THE GENERAL CURRICULUM

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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.

PROGRESS IN THE GENERAL CURRICULUMPROGRESS IN THE GENERAL CURRICULUM

Outcome No. 1Outcome No. 1: : Participation in the Statewide Assessment Participation in the Statewide Assessment ProgramProgram

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PROGRESS IN THE GENERAL CURRICULUMPROGRESS IN THE GENERAL CURRICULUM

Performance scores for students with Performance scores for students with disabilities on state and district disabilities on state and district assessments will increaseassessments will increase

Outcome No. 2Outcome No. 2::Performance in the Statewide Assessment Performance in the Statewide Assessment ProgramProgram

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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.

PROGRESS IN THE GENERAL CURRICULUMPROGRESS IN THE GENERAL CURRICULUM

Outcome No. 2Outcome No. 2::Performance in the Statewide Assessment Performance in the Statewide Assessment ProgramProgram

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GRADUATION, GRADUATION, COMPLETION, DROP OUT RATESCOMPLETION, DROP OUT RATES

Graduation rates for students with Graduation rates for students with disabilities will increasedisabilities will increase

Outcome No. 3Outcome No. 3::Graduation RateGraduation Rate

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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] [

GRADUATION, GRADUATION, COMPLETION, DROP OUT RATESCOMPLETION, DROP OUT RATES

1] This agreement is based on current diploma requirements; theIndependent Monitor will revisit this agreement with the parties if the State’s diploma requirements change.

Outcome No. 3Outcome No. 3::Graduation RateGraduation Rate

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The rate of students (grades The rate of students (grades 7-12) completing high school will7-12) completing high school willincrease (drop out rate will decrease)increase (drop out rate will decrease)

Outcome No. 4Outcome No. 4::Completion RateCompletion Rate

GRADUATION, GRADUATION, COMPLETION, DROP OUT RATESCOMPLETION, DROP OUT RATES

Diploma – Certificate of Completion – Age OutDiploma – Certificate of Completion – Age Out

____________________________________________________________________________________________________________________

Diploma – Certificate of Completion – Age Out – Drop OutDiploma – Certificate of Completion – Age Out – Drop Out

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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. 4Outcome No. 4::Completion RateCompletion Rate

GRADUATION, GRADUATION, COMPLETION, DROP OUT RATESCOMPLETION, DROP OUT RATES

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Outcome No. 5Outcome No. 5::Reduction of Long-Term SuspensionsReduction of Long-Term Suspensions

Percent of long-term suspensions (6 Percent of long-term suspensions (6 or more cumulative days) will or more cumulative days) will decreasedecrease

SUSPENSIONS SUSPENSIONS

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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.

Outcome No. 5Outcome No. 5::Reduction of Long-Term SuspensionsReduction of Long-Term Suspensions

SUSPENSIONS SUSPENSIONS

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HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

Students with specific learning disabilities Students with specific learning disabilities and speech and language disabilities will and speech and language disabilities will receive increased instructional time in the receive increased instructional time in the general education program with supports general education program with supports and servicesand services

Outcome No. 6Outcome No. 6: : Placement of Students with Disabilities Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI(6-22) with Eligibilities of SLD and SLI

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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.

HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

Outcome No. 6Outcome No. 6: : Placement of Students with Disabilities Placement of Students with Disabilities (6-22) with Eligibilities of SLD and SLI(6-22) with Eligibilities of SLD and SLI

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

Students with all other disability eligibilities Students with all other disability eligibilities will receive increased instructional time will receive increased instructional time in the general education program with in the general education program with supports and servicessupports and services

HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

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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.

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

HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

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Students with disabilities will attend Students with disabilities will attend the school they would attend if the school they would attend if they were not identified as disabledthey were not identified as disabled

Outcome No. 8Outcome No. 8: : Home SchoolHome School

HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

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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. 8Outcome No. 8: : Home SchoolHome School

HOME SCHOOL PLACEMENT/ LREHOME SCHOOL PLACEMENT/ LRE

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TRANSITION PLANNINGTRANSITION PLANNING

Students with disabilities age 14 and Students with disabilities age 14 and older will have compliant plans for older will have compliant plans for transition into adult living as part of transition into adult living as part of their IEPstheir IEPs

Outcome No. 9Outcome No. 9: : Individual Transition PlanIndividual Transition Plan

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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.

TRANSITION PLANNINGTRANSITION PLANNING

Outcome No. 9Outcome No. 9: : Individual Transition PlanIndividual Transition Plan

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EVALUATIONSEVALUATIONS

Initial evaluations will be completed and Initial evaluations will be completed and the IEPs to review the evaluations will be the IEPs to review the evaluations will be convened within timelines required by convened within timelines required by lawlaw

Outcome No. 10Outcome No. 10: : Timely Completion of EvaluationsTimely Completion of Evaluations

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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

EVALUATIONSEVALUATIONS

Outcome No. 10Outcome No. 10: : Timely Completion of EvaluationsTimely Completion of Evaluations

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DisproportionalityDisproportionality

The District will submit data/analysis The District will submit data/analysis regarding whether African-American regarding whether African-American students are over-represented as students are over-represented as emotionally disturbed to Independent emotionally disturbed to Independent Monitor: Outcome possibly developedMonitor: Outcome possibly developed

Outcome No.Outcome No.: : DisproportionalityDisproportionality

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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.

DisproportionalityDisproportionality

Outcome No.Outcome No.: : DisproportionalityDisproportionality

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COMPLAINTS, DISPUTES, AND COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONINFORMAL DISPUTE RESOLUTION

Complaints will be responded to in a Complaints will be responded to in a timely manner:timely manner:

• Remedy and dateRemedy and date• Information regarding referralInformation regarding referral• Suggested action to takeSuggested action to take• Complaint unfoundedComplaint unfounded

Outcome No. 11Outcome No. 11: : Complaint Response TimeComplaint Response Time

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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.

COMPLAINTS, DISPUTES, AND COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONINFORMAL DISPUTE RESOLUTION

Outcome No. 11Outcome No. 11: : Complaint Response TimeComplaint Response Time

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COMPLAINTS, DISPUTES, AND INFORMAL COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONDISPUTE RESOLUTION

Most informal dispute resolution Most informal dispute resolution procedures will be concluded within procedures will be concluded within 20 working days20 working days

Outcome No. 12Outcome No. 12: : Informal Dispute ResolutionInformal Dispute Resolution

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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.

COMPLAINTS, DISPUTES, AND INFORMAL COMPLAINTS, DISPUTES, AND INFORMAL DISPUTE RESOLUTIONDISPUTE RESOLUTION

Outcome No. 12Outcome No. 12: : Informal Dispute ResolutionInformal Dispute Resolution

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SERVICESSERVICES

Performance outcome will be Performance outcome will be established by Independent established by Independent Monitor seeking substantial Monitor seeking substantial compliance regarding compliance regarding implementation of IEPsimplementation of IEPs

Outcome No. 13Outcome No. 13: : Delivery of ServicesDelivery of Services

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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.

SERVICESSERVICES

Outcome No. 13Outcome No. 13: : Delivery of ServicesDelivery of Services

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PARENT PARTICIPATION AT IEP PARENT PARTICIPATION AT IEP MEETINGSMEETINGS

Parent participation in IEP meetings Parent participation in IEP meetings will increasewill increase

Outcome No. 14Outcome No. 14: : Increased Parent ParticipationIncreased Parent Participation

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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.

PARENT PARTICIPATION AT IEP PARENT PARTICIPATION AT IEP MEETINGSMEETINGS

Outcome No. 14Outcome No. 14: : Increased Parent ParticipationIncreased Parent Participation

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IEP TRANSLATIONSIEP TRANSLATIONS

IEP translations will be completed IEP translations will be completed in a timely mannerin a timely manner

Outcome No. 15Outcome No. 15: : Timely Completion of Future TranslationsTimely Completion of Future Translations

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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

IEP TRANSLATIONSIEP TRANSLATIONS

Outcome No. 15Outcome No. 15: : Timely Completion of Future TranslationsTimely Completion of Future Translations

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QUALIFIED PROVIDERSQUALIFIED PROVIDERS

The number of qualified special The number of qualified special education teachers will be education teachers will be comparable to the number of comparable to the number of qualified general education qualified general education teachersteachers

Outcome No. 16Outcome No. 16: : Increase in Qualified ProvidersIncrease in Qualified Providers

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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%.

QUALIFIED PROVIDERSQUALIFIED PROVIDERS

Outcome No. 16Outcome No. 16: : Increase in Qualified ProvidersIncrease in Qualified Providers

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BEHAVIORAL INTERVENTIONS, BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTSSTRATEGIES, SUPPORTS

IEP teams will appropriately consider strategies and behavioral supports/interventions to address behavior that impedes learning

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

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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.

BEHAVIORAL INTERVENTIONS, BEHAVIORAL INTERVENTIONS, STRATEGIES, SUPPORTSSTRATEGIES, SUPPORTS

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

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• Consent Decree Administrators discharged

• Independent Monitor (Dr. Carl Cohn)

• Consultant to Independent Monitor(Dr. Thomas Hehir)

Essential Element:Essential Element: B.B. Independent MonitorIndependent Monitor

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INDEPENDENT MONITORINDEPENDENT MONITORPowers and DutiesPowers 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

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Essential Element:Essential Element: C.C. Annual PlanAnnual Plan

For each outcome:For each outcome:• Benchmarks • Action steps • Responsible staff• Evidence of completion• Completion dates

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Essential Element:Essential Element: C.C. Annual PlanAnnual Plan

• Timelines • Submission of Annual Plan• Adoption of Annual Plan by

Independent Monitor• Decision of Independent Monitor

final

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Sample Annual Sample Annual PlanPlan

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OUTCOME #6Placement 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 LEVELSAction Steps Responsible 

StaffEvidence 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

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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

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Establish and hold bi-monthly parent forums to increase LRE knowledge.

Specialist, Parent Involvement and Support, Division

of Special Education

  Agendas; Sign-In Sheets

June 2004

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 December 2003 and May 2004

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

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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

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Essential Element:Essential Element: D.D. Disengagement from the Consent Disengagement from the Consent DecreeDecree

Modified Consent Decree remains in full Modified Consent Decree remains in full force and effect until Independent Monitor force and effect until Independent Monitor has certified that: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

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OTHER FEATURESOTHER 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

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Questions?Questions?