Rights Training

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Rights Training

  1. 1. 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
  2. 2. 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.
  3. 3. 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 objectivesgoals 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)
  4. 4. 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.
  5. 5. Findings of Non-Compliance Caddo Parish School System Reg. Ref. # Description of Finding Supporting Evidence Comments §401 Students are not receiving Review of 38 records of students who experiencing repeated disciplinary §444E H effective supports and infractions as well as academic failures in the general curriculum were services to include purposefully reviewed to examine the effectiveness of supports and “Related Service services, to include the related service counseling as well as counseling” nor accommodations that were provided for the students. The evidence appropriate indicated that: accommodations that • Eighteen of the 38 records reviewed did not address whether the would enable them to students needed counseling even though reports indicated that the benefit from and make students had Emotional Disturbances and/or serious emotional progress both academically and behavioral issues. and behaviorally in the • Twenty-eight records had no documentation that the students’ general curriculum thus academic or behavioral failures had been addressed in any way. denying students FAPE. 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 referralssuspensions, 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;
  6. 6. Findings of Non-Compliance Caddo Parish School System Reg. Ref. # Description of Finding Supporting Evidence Comments • 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 It was determined that effective strategies including positive behavioral There was no including positive intervention strategies and supports to address behaviors that impede conclusive evidence behavioral intervention students learning are not addressed through the students’ instructional found that indicated strategies and supports to program for all students that the system address behaviors that engaged in a impede students’ progress Discipline records and IEP records were reviewed for 27 students who patternpractice of in the general curriculum had been suspended from school or placed in an alternative setting during conducting Sham and IEP implementation the past year. Twenty-two of the 27 records reviewed contained no Manifestation are not addressed through evidence that positive behavioral supports had been implemented. Determination
  7. 7. Findings of Non-Compliance Caddo Parish School System Reg. Ref. # Description of Finding Supporting Evidence Comments the students’ instructional Inappropriate student behaviors were not changed as a result of the Reviews program. behavior plans for these students. The records reviewed indicated that the (MDRs) wherein Behavior Intervention Plans were not effectively revised as students’ students’ behaviors inappropriate behavior continued and/or escalated. Seven of the IEPs had (i.e. SED Students and been reconvened; however, there was no evidence of any change in the other students with Behavior Intervention Plans or the students’ behavior. behavioral related disabilities) that are Twelve of 14 on-site personnel purposefully interviewed corroborated that clearly related to the Behavior Intervention Plans are usually not implemented across their disabilities are settings. Nine of 14 on-site personnel expressed that suspensions or routinelyillegally removal to alternative settings did not deter infractions as evidenced by found to be unrelated, repeat infractions. Ten of 14 interviewees expressed that when students and such return to school they will often immediately engage in the inappropriate determinations are behavior that they were suspended for because of lack of effective subsequently used positive supports in place through the instructional program. to illegally place students in more Sixteen purposeful parent interviews reported that that they felt that the restrictive settings behavior interventions conducted by the school system were not effective including based on repeat infractions of the children. Alternative School settings. §519 Discipline procedures and The system failed to follow the procedural safeguards and procedures safeguards were not concerning discipline In 9 of 25 purposeful records reviewed there was followed according to not adequate documentations that Functional Behavior Assessments and regulations with regards to Manifestation Determinations had been conducted for students who had Functional Behavior been removed from school for 10 days. . One Principal reported that he Assessments, did not conduct Manifestation Determinations after a student had been Manifestation removed for ten (10) days but he continued to suspend students from Determinations, and school. special educations services to students who have been
  8. 8. Findings of Non-Compliance Caddo Parish School System Reg. Ref. # Description of Finding Supporting Evidence Comments suspended from school for Seven of 25 purposefully reviewed records indicated that the students had more than 10 days. 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 The team noted excessive white-out on 22 records. Some of these records There seems to be no Data are not recorded had ½ to ¾ of a page covered with white-out substance. The word standard of and/or maintained DRAFT was stamped or written across the front page of 31 records. Eight acceptability for accurately for some records reviewed indicated that the parish records concerning minutes of student records. students with disabilities. service, attendance, and discipline were discrepant. In one instance signatures had been cut from another document and pasted in place. 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.
  9. 9. 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 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 to benefit from and make progress in the general curriculum. Failure to provide services as indicated on IEP after 10 days of 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 from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit from and make progress in the general curriculum; Discipline Failure to provide adequate supports to enable students to benefit
  10. 10. 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 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 to benefit from and make progress in the general curriculum. 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 Failure to provide services as indicated on IEP after 10 days of removals. (17 days) MDR was incomplete. Failure to keep adequate discipline records. Failure to provide adequate academic supports including indicated related services to enable students to benefit from and make progress in the general curriculum. FAPE: Progress & Benefit from General Curriculum; Discipline; Maintenance of Records FAPE: Progress & Benefit from General Curriculum; Discipline; Counseling; Maintenance of Records FAPE: Progress & Benefit from General Curriculum; Discipline;
  11. 11. 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 Maintenance of Records FAPE: Progress & Benefit from General Curriculum; Discipline; Maintenance of Records FAPE: Progress & Benefit from General Curriculum; Discipline; Hamilton Terrace Trivensky Odom LD NO MDR found in school files. No FBA in the file BIP including modifications were inadequate to 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 Failure to provide services as indicated on IEP after 10 days of removals. No FBA in the file BIP including modifications were inadequate to provide adequate supports to enable this student to progress academically and socially. Failure to keep accurate attendance records. Linear Middle Failure to provide services as indicated on IEP after 10 days of removals. Selected placement does not match the information on the direct service page. Placement selected does not match direct service page. BIP including modifications were inadequate to provide adequate supports to enable this student to progress academically and socially. Student is not receiving the services indicated on his IEP. Failure to provide adequate related services. Southwood Failure to provide adequate supports including indicated related services to enable students to benefit from and make progress in the general curriculum. : No FBA conducted.
  12. 12. 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 Failure to provide adequate academic supports including indicated related services to enable students to benefit from and make progress in the general curriculum. BIP including modifications were inadequate to provide adequate supports to enable this student to progress academically and socially.
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