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

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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
Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 15 of 51by its resources, PDE will provide support, including focused,customized technical assistance, to school districts in need ofsuch support.” (Id. at Provision IV.1(B)(1)(C).) Moreover,parents of children with disabilities will be afforded theopportunity, on a continuous basis, to provide PDE withinformation. (Id. at Provision IV.4(B)(1)(e).) And for thoseschool districts failing to take corrective action as mandated byPDE, sanctions will result. (Id. at Provision IV.4(I).)LRE Monitoring, which is a new type of monitoring underthe Settlement Agreement, will be based of five guidingprinciples:(a)(b)LRE monitoring will be basedon a limited number ofpriorities (goal statements)identified by PDE followinginput from a diverse group ofstakeholders through theAdvisory Panel. Prioritieswill include: (1) increasingthe number of students withdisabilities included inregular education classes andneighborhood schools withneeded supplementary aids,services and support; and (2)developing IEPs capable ofproviding students withdisabilities a meaningfulbenefit from education.LRE monitoring will be basedon a limited number ofindicators (objective measuresof the goal) identified by PDEwithin each priority area.15
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