 Board of Education Member, Elizabeth Daugherty In-House Counsel, Philip Stern SPECIAL EDUCATION ADVISORY COMMITTEE MEETING NOVEMBER 17, 2015

 1. CONSOLIDATED MONITORING REPORT (closed, Fall, 2014)  2. SPECIAL EDUCATION SETTLEMENT (January, 2014)  3. OFFICE OF CIVIL RIGHTS, RESOLUTION AGREEMENT (October, 2014)  4. ACLU COMPLAINT (October, 2014) 11/17/2015SEPAC LEGAL UPDATE2

 August, 2013, New Jersey Department of Education, Office of Fiscal Accountability and Compliance served District with numerous findings regarding Title I, IDEA, and Carl D. Perkins Grant.  The District appealed some of the findings, and collaborated with the Office of Fiscal Accountability and Compliance with a Corrective Action Plan.  By late Fall of 2014, the Office of Fiscal Accountability and Compliance formally declared the report closed, having determined that the District had satisfied all of its obligations pursuant to its previous findings. 11/17/2015SEPAC LEGAL UPDATE3

Complaint was filed against the New Jersey Department of Education in 2007 by: * Disabilities Rights New Jersey (formerly New Jersey Protection & Advocacy) * The Education Law Center * the Statewide Parent Advocacy Network (SPAN) * The ARC of New Jersey The complaint alleged that children with disabilities in New Jersey schools are not being educated in the least restrictive environment (“LRE”) in violation of the IDEA, N.J.S.A. 18A: 46-1 et seq., and Section 504 of the Rehabilitation Act. 411/17/2015SEPAC LEGAL UPDATE

 HOW WERE WE SELECTED?  NJDOE reviewed district placement data (NJSMART) and identified districts with:  *High rates of students in separate education placements when compared to other districts in the state, the nation and State Performance Plan targets  *High rate of students in general education classes less than 40% of the school day  *High rate of preschoolers with IEPs educated in separate settings  *Disproportionate representation of specific racial/ethnic groups in separate placements  *Multiple year trends 511/17/2015SEPAC LEGAL UPDATE

SETTLEMENT OVERVIEW Settlement agreed to between the Plaintiffs and the New Jersey Department of Education on January 27, Identified Districts PHASE 1: Needs Assessment (2014) PHASE 2: Monitoring ( , ) PHASE 3: Training and Technical Assistance *Annual plan developed with district and stakeholder input *Training/technical assistance provided annually for 3 years ( , , ) *4 three-hour training or technical assistance sessions per year *Annual Webinar (3 years) PHASE 4: Final Monitoring (Fall 2018) SETTLEMENT EXPIRES IN JANUARY, /17/2015SEPAC LEGAL UPDATE

 In , Compliance Review/Audit by the U.S. Department of Education, Office of Civil Rights (“OCR”);  Concerns that our African American students do not have equitable access to advanced placement and enrichment courses throughout the District;  October, 2014, District entered into a Resolution Agreement with the OCR. 711/17/2015SEPAC LEGAL UPDATE

811/17/2015SEPAC LEGAL UPDATE  Resolution Agreement Action Steps:  1. Retain Educational Equity Consultant  2. Review and Assessment by District  3. Consultant Recommendations  4. Eligibility/Selection Criteria  5. Parent/Guardian and Student Outreach  6. Academic Counseling Services  7. Training for District Staff/Administrators  8. Data Maintenance

THE SCHOOL DISTRICT OF SOUTH ORANGE AND MAPLEWOOD, NEW JERSEY Access and Equity All elementary, middle school, and high school parents/guardians and children in the South Orange-Maplewood School District shall have access to, and the ability to choose between current and future educational programs in all academic subjects, and at all academic levels.  In furtherance of this Policy, all students shall be provided with age-appropriate academic supports for access to advanced- level courses, which may include, by way of example only, readiness programs and courses, in-school and after-school tutoring, sessions, and summer institutes. The District shall also engage in a Kindergarten through 12 th grade curricular alignment, ensuring that all students develop the knowledge and skills fundamental to successful performance in Advanced Placement and advanced level courses by providing the highest levels of academic rigor in all Kindergarten, Elementary, Middle and High School courses.  While this Policy does not guarantee success for student achievement, it nevertheless greatly empowers students, as it is informed by mutual accountability for educational success amongst students, parents and guardians, and the South Orange and Maplewood School District.  The Superintendent is directed to establish regulations and to set budgetary guidelines to make this policy effective.  First Reading: September 21, 2015 Second Reading: October 19, 2015 Adoption:October 19, /17/2015SEPAC LEGAL UPDATE9

 Next steps:  Demonstrate in writing to Office of Civil Rights that the Board is abiding by the terms of the Resolution Agreement. 11/17/2015SEPAC LEGAL UPDATE10

 Filed October, 2014, after OCR Resolution Agreement executed;  On behalf of two District students;  One part of complaint similar/incorporated into OCR Resolution Agreement;  Other part of complaint dealing with disproportionate number of African American and Disabled students subject to exclusionary (suspension) discipline;  Board directed Sage Educational Consultants, LLC, to provide assistance with discipline disproportionality issue, in addition to OCR Resolution Agreement assistance. 1111/17/2015SEPAC LEGAL UPDATE

 Sage recommends using data tools to track data for discipline and establish trends and disparity;  Sage recommends drafting handbooks and other documents to ensure fairness and equity in disciplinary matters. 11/17/2015SEPAC LEGAL UPDATE12

11/17/2015SEPAC LEGAL UPDATE13