UPDATE – Modified Consent Decree (MCD)

THE DISTRICT HAS ONLY TWO REMAINING UNMET OUTCOMES!

Currently, the District has only two remaining unmet Outcomes. One is a revised Outcome 7, which involves increasing the integration of students with moderate to severe disabilities with their nondisabled peers; the other is Outcome 13, which is about ensuring that the services and supports set forth in students’ Individualized Education Programs (IEPs) are provided. Together, District staff, students, families and community partners have accomplished a tremendous amount. With a recent agreement between the District and the MCD Plaintiffs’ Counsel that the District has met MCD Outcome 4 (increased completion rates), we have met sixteen of the original eighteen MCD Outcomes. All District staff are to be commended! Moving forward, we must continue to be diligent in providing high quality programs for all students to ensure that our students continue to receive the educational services and supports they need and deserve. 

RENEGOTIATION OF OUTCOMES 7A AND 7B TO
A REVISED OUTCOME 7

As part of the District’s vision and commitment to integrated schools for the educational benefit of all our students, the District and the MCD Plaintiffs’ Counsel agreed to replace Outcome 7A and Outcome 7B of the MCD with the following revised Outcome 7 measures:

1. Reduce the number of students with moderate to severe disabilities ages 6-18 at special education centers by a total of 33% over three years beginning with the 2012-2013 school year.

2. Students with moderate to severe disabilities at co-located schools shall participate with their non-disabled peers in general education classes an average of 12% of the instructional day and during lunch, breaks/recess and school-wide activities.

The District will create schools that meet the needs of all students through the establishment of learning communities where students with and without disabilities are educated together in age appropriate general education classes in neighborhood schools. There are currently four special education centers that are co-located on school grounds with a general education campus. These co-located schools are: Blend/Van Ness ES; McBride/Grand View ES; Miller Career and Transition Center/Cleveland HS; and Banneker/Avalon Gardens ES.

During the 2012-2013 school year, the District will be planning with each school community, including parents and community agencies, for the consolidation of these co-located schools into integrated learning communities. The new organization of these four sites will be in place beginning with the 2013-2014 school year. The special education centers are not closing; they are being integrated with their neighboring general education school. All current supports and services will be available for students with disabilities at these schools. By the 2014-2015 school year, two additional special education centers, to be identified by July 2013, will also be integrated with general education programs.

Outcome 7 also requires that students with moderate to severe disabilities have access to general education classes for an average of 12% of the instructional day and during breaks, recess, and school-wide activities. In order to foster a respectful, informed, and welcoming integration process, training and support will be provided for administrators, teachers, and families at schools that have students with moderate to severe disabilities enrolled to increase the capacity of general education schools to provide supports and services that meet the needs of students with moderate to severe disabilities. 

MCD OUTCOME 13

Outcome 13: “Delivery of Services” requires that (a) 93% of the services on the IEPs of students with disabilities in all disability categories except specific learning disabilities will show evidence of service provision; (b) 93% of the services identified on the IEPs of students with a specific learning disability will show evidence of service provision; and (c) 85% of the services identified on the IEPs of students with disabilities have a frequency and duration that meet IEP compliance. In addition to meeting the Outcome targets, the District must show evidence that it has a system in place that allows the District to quickly identify when a student is not receiving services, appropriately addresses the situation, and holds teachers, providers, and administrators accountable for the delivery of service to the student. Welligent 30-Day Services Reports are to be used weekly at the school, ESC, and District levels to monitor the delivery of services to individual students. A Welligent Service Tracking Non-Usage report will be periodically published to identify teachers and service providers who are not regularly documenting services in Welligent. Training, resources, and information are available on how to use the Welligent reports to self-monitor the delivery of services. 

DISTRICT’S PERFORMANCE METER – PERCENTAGE OF TIME IN GENERAL EDUCATION FOR STUDENTS WITH DISABILITIES

In support of the requirements in the revised MCD Outcome 7, the District’s Performance Meter now also focuses on the percentage of time that students with mild to moderate disabilities participate in the general education program. Performance Meter Goal 2: Proficiency For All requires the District to ensure that students with disabilities participate in the general education program at least 80% of the instructional day. The following are the annual targets for the next three years: 2012-2013 – 67% of students with disabilities must participate in the general education program at least 80% of the instructional day; 2013-2014 – 69%; 2014-2015 – 72%. While this is a District-wide goal, individual student needs will always be the center of our focus. 

Contact:
Sharyn Howell, Executive Director
Division of Special Education
Division of Special Education Website:

Attached Files