1. Iowa Department of Education Davenport CSD School Board
Special Education Program Compliance
October 30, 2018

2. 1
Background for 2018 visit to Davenport CSD 2
Main findings from 2018 Special Education Report 3
State Expectations 4
Role of the Implementation Advisor 5
Questions
Items for Discussion

3. Background for 2018 Visit
Main reasons Davenport came to the attention of the state:
Largest increase in special education expenditures in the state
Least Restrictive Environment (LRE) data
Increased calls and due process inquiries related to behavior
Concerns expressed by AEA staff

4. Background for 2018 Visit

5. Findings from 2018 Visit
Pervasive, extensive errors in implementation of the Individuals with Disabilities Education Act (IDEA)
Predetermination of placement and services for students with disabilities
Disproportionate identification, placement, and discipline of black students

6. Basic IDEA Principle: Predetermination
IDEA requires services and supports provided to an eligible individual be identified by the individual’s IEP team specific to the individual’s needs as a result of the individual’s disability.
Basic
IDEA Principle: Predetermination
This Means that an Educational Agency CAN NOT:
Make a decision prior to an IEP meeting about providing a specific service or support
Example: We will not provide art therapy services.
Unilaterally establish policies and procedures that do not take into account the needs of the individual.
Example: All students in Mrs. Jones’ class will have adapted PE.
Have unofficial policies that restrict certain programs or services
Example: Anyone with a reading level of XX must be placed in Mr. Jones’ reading class.

7. Basic IDEA Principle: Predetermination
“Staff must come to the IEP table with an open mind, but this does not mean they should come to the table with a blank mind.”
Basic
IDEA Principle: Predetermination
This Means that an Educational Agency CAN:
Research placement options and types of supports that might be needed by the individual to be successful in that placement
Share information with colleagues about student performance
Establish policies that promote of use of student assessment data, student need, and parent and staff input
Draft IEPs prior to a meeting and share them with parents prior to the meeting
Quote comes from a powerpoint slide by Maureen Lemon (attorney)

8. Findings from 2018 Visit: Predetermination
Predetermination of placement and services for students with disabilities in Davenport Community School District:
A spring 2017 memo directed staff to amend IEPs so that “ no student should receive more than 45 minutes total of specially designed instruction (SDI) to meet all identified goal areas of the IEP. “
915 IEPs of students were at or below the 45 minutes of SDI identified in the memo.
Review of random sample of 165 IEPs indicated 80% were made by amendment without a meeting.
Multiple interviewees mentioned other “rules”- e.g.:
“Since we can’t pull them from Core Instruction…”
If you need behavior supports, you must use this curriculum
Findings from 2018 Visit: Predetermination
´599 IEP meetings held this summer to determine if compensatory education is needed
´147 determined needed compensatory education (24%)

9. What to look and listen for: Predetermination
Any written documentation that indicates a decision was made prior to an IEP team meeting.
Verbal reports of formal or informal policies that limit IEP decision making, including placement and services.
Resistance to advance preparation as it may be viewed as predetermination.

10. Findings from 2018 Visit
Disproportionate identification, discipline, and seclusion/restraint of black students
Black students with disabilities are more likely to be identified for special education services
Black students with disabilities are more likely to be suspended in and out of school
Black students with and without disabilities are more likely to be secluded and/or restrained

11. Findings from 2018 Visit

12. Findings from 2018 Visit

13. Findings from 2018 Visit

14. Findings from 2018 Visit

15. What to look and listen for: Disproportionality
A disparate impact on any race or ethnicity, even though district policies appear fair
Example: disciplinary rules appear fair, but in practice many more students of color are suspended or expelled
A policy or decision to entitle students for special education services, suspend them, seclude/restrain them, or how students will be served, that takes into account their race/ethnicity
Example: a policy that no black students will be placed in an environment with fewer non-disabled peers

16. State Expectations
All individual student noncompliance will be corrected on the timeline identified
All district staff will participate in professional learning required to sustain corrective actions
District administrators will work in collaboration with the AEA
District administrators will follow directives from the Implementation Advisor
The district will create a long-term, sustainable plan to ensure these errors are not repeated

17. Role of Implementation Advisor
Works for and has the authority of the Iowa Department of Education, including:
Ensure all systemic corrective actions are completed with fidelity
Ensure development and implementation of compliant special education policies and procedures
Provide professional development
Provide guidance/support
Monitor progress
Report progress

18. Questions Email us at: david.tilly@iowa.gov barbara.guy@iowa.gov