1. Why Systemic Change?
Systemic Change in Urban Affect a large number of students
School Districts with disabilities
Potentially bring about positive
Ron Lospennato, Esq.
changes for all students
Courtney Bowie, Esq. Efficient
SOUTHERN POVERTY LAW CENTER
How To Approach
Why Systemic Change?
Systemic Change
Topics National statistics suggest 30-
Litigation 70% of youth involved in
Litigation Examples delinquency system have a
Litigation Remedies disability.
Legislation
Organizing
Why Systemic Change (cont.) WHY?
Students identified as ED have the worst
Graduation Rate of All Students with Disabilities
Graduation rate for students with (Nationally)
disabilities in Cleveland is 57.5%* Only 35% of Students Identified as Emotionally
Disturbed Graduate with a Regular High School
The dropout rate is 42.5%* Diploma (Nationally)
In Louisiana, only 8% of ED students
graduate with a Diploma
*Ohio Department of Education, 2005-2006 school year
2. How to Develop a Systemic
Administrative Complaints
Response
Filed with State Department of Education
The complaint can be filed by any parent,
Litigation organization or group with evidence of an
LEA’s failure to comply with IDEA;
Administrative Complaints
School district is typically the defendant;
Administrative Due Process The state has 60 days to investigate and
Hearings respond to the allegation(s);
It can be mediated and result in settlement
Federal or State Court Litigation agreements.
ADVANTAGES OF ADMIN. Disadvantages
COMPLAINTS
No Attorney Fees unless negotiated
They are cost-efficient Less Control Over Process
May have to litigate contract claim (i.e.
They are substantially faster than due Holmes County)
process and federal litigation
*Big variable is quality of State Monitors
As an advocate for students in a district, and/or state department of education
you get access to information
(discovery)
TYPICAL LEGAL CLAIMS IN Typical Legal Claims (cont.)
LITIGATION
Failure to develop IEPs that produced
Individual Failure to provide appropriate educational benefit
levels of related services Failure to provide students with disabilities
Failure to educate students with appropriate related services
disabilities in the least restrictive Failure to provide appropriate transition
environment services
Failure to adhere to IDEA’s disciplinary Failure to ensure that the School District
provisions did all of above
3. EXAMPLES OF
Typical Legal Claims (cont.)
ADMINISTRATIVE COMPLAINTS
Due Process or Court Actions Involving State has
failed to appropriately monitor or compel the
school district to correct and eliminate above
IDEA violations East Baton Rouge, LA
Many of the systemic IDEA violations in Calcasieu Parish, LA (threatened
Louisiana persisted over several LDE monitoring
cycles and thus LDE was legally responsible only),
[Corey H. v. Ill. SBE , 642 F. Supp. 900 (N.D. Ill Caddo (see example)
1998).
Failure To Ensure FAPE Holmes County, Mississippi
Caddo Parish Administrative
Caddo Parish Admin. Complaint
Complaint
Systemic Class Complaint filed under state Class/Systemic IDEA Violations Involving:
complaint management system against CPPSS -
Related Services
approx. 200 ED students and other students
with disabilities with school removals totaling LRE
more than 10 days– approx. 200 additional
days– Discipline
students)
Educational Benefit
Six students served as class representatives
Caddo Admin. Complaint (cont.) Caddo Admin. Complaint (cont.)
Key Statistics in Caddo: LDE - Monitoring team sent to CPPSS in
March 2007
Self-contained placement rate -32 % (2 times
Self-
statewide average) Team failed to fully investigate all claims
Drop-out rate -students with disabilities is
Drop- Second, smaller monitoring team returned
47.1% (more than 2 times statewide average in October 2007
Suspension rates ( in-school and out-of-school
in- out- of- Allegations of complaint were largely
suspensions) for students with disabilities - substantiated
41.7%. Statewide average 30.6% The district is ordered to hire a consultant
to help resolve its IDEA violations
4. Administrative Due Process (cont.)
Administrative Due Process
Hearing (Jefferson Parish)
School District,
Class Due Process State, or
both can be defendant(s)
-This process was used in Jefferson Parish,
Louisiana
Jefferson Parish Class Due Jefferson Parish Class Due
Process Process Complaint (cont.)
Followed Numerous Individual Complaints Failure to adhere to IDEA’s disciplinary
Class Complaint (on behalf of all ED students provisions
in Jefferson Parish) versus the state dept. of Failure to educate ED students in the least
education restrictive environment
To address the following issues:
Failure to provide appropriate amounts of social work
and counseling services
Failure to develop IEPs that were reasonably
calculated to produce educational benefit
Failure to provide appropriate transition planning and
programming*
Jefferson Parish Mediated Settlement Agreement
Settlement Agreement Highlights
Reached a Settlement Agreement August, The CAP developed by Dr. Olmi has
2005 specific strategies to ensure that Jefferson
Appointment of a Special Master (Dr. Joe Parish significantly increases the
Olmi, University of Southern Mississippi) to frequency and duration of social
oversee delivery of special education work/counseling/psychological services
services for ED students in Jefferson provided to Emotionally Disturbed
Parish
students and that these related services
Development of a Corrective Action Plan are provided based upon individual need
(CAP)
and not staff availability
Implementation of CAP
5. Settlement Agreement Highlights Settlement Agreement Highlights
(cont.) (cont.)
The CAP addresses DISCIPLINE violations CAP includes the closure of all “John
in Jefferson Parish. Martyn” or “MRE” classrooms within 12-18
district-wide training for all professionals months of Dr. Olmi’s appointment
working at school with ED students
Creation of a central administrative tracking CAP includes strategies and objectives for
system for recording the number of removals significantly increasing ED students’
from school for special education students access to less restrictive environments
(including ED students) including the general education curriculum
Elimination of policy/practice of “Cool-off”
suspensions
Settlement Agreement Highlights Settlement Agreement Highlights
(cont.) (cont.)
CAP includes the development and The CAP includes:
specific strategies to increase coordination between
implementation of intervention strategies district operated career and technical/vocation/Pre-
that include intensive reading and math GED/Skills Option Programs and Jefferson Parish
schools
remediation for ED students in elementary specific strategies to increase ED students’
participation in the vocational/Pre-GED programs
school who are determined to be more
The CAP also includes development and
than two years behind their chronological implementation of a written district policy
grade level in reading and/or math (3 requiring the vocational schools to provide IEP
services (including behavior plans) for special
years behind for junior high and high education students
school ED students)
Federal/State Court Litigation Federal/State Litigation (cont.)
Beth V. v. Carrol, 87 F.3d 80 (3rd Parties
Cir. 1996); School District
Corey H. v. Chicago Board of Educ., State,
995 F. Supp. 900 (N.D. Ill. 1998). or both
Juvenile justice agency may be an appropriate
James O. v. State Dept. of Ed. party in some cases
6. Mediated Settlement Agreement v.
Federal/State Litigation (cont.) Hearing Officer or Court Orders
Exhaustion Issues
Futility Exception Settlement agreements have to include an
enforcement and monitoring mechanism
Private Right Action Enforcing or Challenging in the settlement agreement in order not
complaint decisions to relitigate;
Agreements are enforceable as contract
Contract claims enforcing resolution actions in state court.
agreements and/or mediated settlement
agreements
REMEDIES REMEDIES (CONT.)
Appointment of Special Master or
Educational Consultant; RELATED SERVICES:
Consultants are responsible for development CAP should provide for significant increase in
and implementation of corrective action plan; the frequency and duration of related services
In East Baton Rouge, we got nationally (social work, counseling, and/or psychological
recognized PBIS experts Don Kincaid & Josh services) provided to students
Harrower
Implementation of PBIS;
R E M E D IE S ( C O N T . ) REMEDIES (CONT.)
DISCIPLINE TRANSITION SERVICES
In East Baton Rouge, district-wide training for Increased coordination between school
all staff on PBIS; district’s vocational training programs and all
Central tracking system for discipline referrals high schools in the district;
and removals, now including arrests; Increased participation of ED students in
Elimination of disciplinary practices (cool-off vocational training programs;
suspensions) Implementation of IEPs, including BIPs, at
New discipline handbook vocational training programs.
7. REMEDIES (CONT.) REMEDIES (CONT.)
LRE PROVISIONS: EDUCATIONAL BENEFIT PROVISIONS:
STRATEGIES DESIGNED/IMPLEMENTED AS
“Intensive” reading and math remediation for
PART OF CAP FOR INCREASING ED
ED students who are more than 2 years
STUDENTS’ ACCESS TO REGULAR
behind their chronological grade level in the
EDUCATION CLASSROOMS
subject;
Elimination of the shortened school day
ORGANIZING
LEGISLATION
Federal Legislation– Parent Training;
Federal PBIS (Obama bill); Youth Training
amendments to NCLB and IDEA; Working with Local and State Interested
Parties:
State legislation- School Boards
Mississippi, Alabama, Louisiana Department of Education
State Legislature
Federal Legislature
COALITION BUILDING LOCALLY Information Available about
Complaints
LEGAL AID
P&A/PTI
COMMUNITY GROUPS www.splcenter.org;
PUBLIC DEFENDERS
JUVENILE COURTS http://www.splcenter.org/legal/schoolhous
http://www.splcenter.org/legal/schoolhous
SCHOOL DISTRICTS e.jsp
