Opinion Approving Settlement - Public Interest Law Center of ...

Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 14 of 51at Provision IV.3(C)-(E).) Additionally, the SettlementAgreement sets forth how and when the LRE portion of the IEP maybe modified during the life of the Settlement Agreement, and whattype of guidance PDE will provide to school districts concerningthe modified LRE portion of the IEP.D. Compliance MonitoringPerhaps the most significant aspect of the SettlementAgreement involves the provision for “compliance monitoring” byPDE of the individual school district’s performance. Compliancemonitoring is intended to ensure, inter alia, that local schooldistricts are adhering to the IDEA and other federal and statelaws that protect the rights of children with disabilities. (Id.at Provision IV.4(A).)Of the three types of compliance monitoring that PDEagrees to conduct, one is new (“LRE Monitoring”) and two areexisting, but will be modified under the Settlement Agreement(“Regular Cyclical Monitoring” and “Targeted Monitoring”). (Id.)All types of compliance monitoring will be “data- andinformation- based and verifiable.” (Id. at ProvisionIV.1(B)(1)(A).) PDE will use this data-based information as aguide for determining how to allocate resources to address “areasof greatest need[,]” relating to the support for children withdisabilities. (Id. at Provision IV.1(B)(1)(B).) “As permitted14