Valenzuela(CAHSEE) Lawsuit Settlement by Cannabisrapper

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   Lawsuit Settlement
   Orientation for Orange County LEAs

Presented by The Orange County Department of Education

                   March 12, 2008
Lawsuit Background
 In February 2006, Morrison & Foerster LLP
  representing California students unable to
  graduate as a result of failing the CAHSEE, filed
  a class action lawsuit against the Superintendent
  of Public Instruction, the State of California, the
  California Department of Education, and the
  California State Board of Education

 The lawsuit alleged that the state failed to
  provide students, especially those living in
  poverty, with an equal and reasonable
  opportunity to pass the CAHSEE
Implementing Legislation
AB 347 (Nava, Chapter 526, Statutes of 2007)
 Requires school districts, charter schools, and
  county superintendents participating in the
  intensive instruction and services program to offer
  services to students who did not pass the
  CAHSEE by the end of grade 12 beginning with
  Class of 2006
 Students are entitled to services for two
  consecutive academic years following grade 12
 Establishes oversight and monitoring
  responsibilities for county superintendents

OC LEAs Affected by AB 347
 15 School Districts

 3 Charter Schools

 1 County Office of Education

Key Elements of AB 347
 Notification requirements:
   Notify students of eligibility for services and the right to
    file a complaint regarding those services by sending a
    letter to last known address

      Notify students before the end of the school term in
       sufficient time to register for services
      Notify students each term for two academic years after
       grade 12
      Post notice of eligibility for services at district office,
       school sites, and on district website
      In 07-08, LEAs must notify eligible students in the
       classes of 2006 and 2007; Class of 2008 notified
       before the end of June 2008
Services Must:
     Be provided until student passes CAHSEE,
      or a maximum of 2 consecutive academic
      years after grade 12

     Be based on diagnostic assessments and
      prior results of the CAHSEE

     Be provided to English Learners to improve
      English proficiency, as needed, to pass the

     Employ strategies that are most likely to
      result in students passing the CAHSEE
 Uniform Complaint Procedure (UCP)
 Revised Classroom Notice Requirements:

     Use revised Williams UCP policy and classroom
      notice at all LEA schools serving students in
      grades 10-12 to resolve complaints related to
      the opportunity to receive intensive instruction
      and services

     Submit a quarterly report of summarized data
      on the nature and resolution of complaints to
      the governing board and county superintendent
County Superintendent
Monitoring Responsibilities
    Verify that all participating LEAs notified eligible
    Verify that students who elect to receive services
     are served
    Contract with another county superintendent to
     monitor county-operated programs
    Include verification information in quarterly
     reports to local district and county boards for
     Williams schools in Deciles 1-3 serving students
     in grades 10-12 and in annual report due in
     November 2008
Documentation Verification Protocol
 Letter sent requesting required documents for
  verification to LEAs – Due Date 4-30-08
 Documentation review by OCDE – May 08
 Results included in the quarterly and annual
  reports for Decile 1-3 schools – 7-31-08 and
  November 08
 Letter sent to superintendent of schools who are
  not in Decile 1-3 or charter school director
  sharing the results of the review July 08

Documentation Required
for Verification
 Completed LEA Assurances and Checklist for
    Documentation Verification
   Copy of LEA Uniform Complaint Procedures (UCP)
   Copy of LEA UCP Classroom Notice
   Copy of LEA Student Eligibility Letter that was sent to
    last known address
   Copy of LEA Student Eligibility Notice that is posted at
    the school site, district office, and on district website
   List of students for classes of 2006 and 2007 provided
    by the Educational Testing Service (ETS) to the LEA of
    students who did not pass the CAHSEE
Student Notice and Service Data
Spreadsheet (Table A)
 Data taken from ETS list of students who did
  not pass one or both parts of the CAHSEE for
  the graduating classes of:
     2006 (2005/2006)
     2007 (2006/2007)
 Submit a separate Student Notice and Service
  Data Spreadsheet (Table A) for each
  graduating year

Requirements for Table A
1. Student identifier #
2. Full 14 digit County-District-School (CDS) code
     of the High School or Charter School
3.   School Decile Rank on the 2006 Base API
4.   Letter notification date(s)
5.   Student elected to receive services (Y/N)
6.   Student served (Y/N)

Requirements for Table A (cont’d.)
7. Diagnostic Assessment provided

8-15 Identify and place an X value to any and all
     services that have been provided to the

9. If the student successfully passes the
   CAHSEE after providing instructional services,
   note the date in the last two columns
Student Level and District-Wide Student Notice
and Service Data Summaries (Table B & Table C)

 Once Tables A are completed for graduating
  class of 2006 and 2007:

     Complete School Level Summary (Table B) for
      each school listed in Table A

     Complete District Level Summary (Table C) for
      all students listed in Table A

Next Steps for LEAs
 Post notice of eligibility for services in district
  office, school sites, and on district website
 Post updated UCP forms at school sites
 Notify students before the end of the school term
  of their rights under Valenzuela/CAHSEE
 Submit required documents to Orange County
  Department of Education by April 30, 2008

Web Resources

Forms are available at:

Additional information is available at:

Frequently Asked Questions

 If a student resides within the boundaries of a
  district or county which is participating in the
  CAHSEE Intensive Instruction and Services
  Program and requests services to pass the
  CAHSEE but did not attend a school operated
  by that district or county superintendent in
  grade 12, is the district or county office
  obligated to provide services?


 Are LEAs required to track data and notify
  students who are not on track to graduate
  and have not passed the CAHSEE?

 Students who have not passed the CAHSEE by the
  end of grade 12 are to be notified and served if they
  elect to be served, whether or not they have
  completed all other graduation requirements.

 If a student passes the GED or the California
  High School Proficiency Exam (CHSPE) does
  that end their eligibility for services under the
  CAHSEE Intensive Instruction and Services

 Completing either of these alternatives does not
  preclude students from accessing services under the
  CAHSEE Intensive Instruction and Services Program.

 What is the definition of academic “term”?

The definition of “term” is locally defined depending on
  whether a course of study is a semester, quarter,
        trimester or some other configuration.

 Can LEAs create a form letter to be signed by
  the student indicating that they are declining
  services and, therefore, eliminate the need to
  further notify the student each term?

 However, even if a student declines further notification,
  he or she would remain eligible for services for up to
  two years after the end of grade 12 and would need to
  be served by the LEA if services were sought within the
  two-year period after grade 12.
 If the Student Eligibility Letter is returned and
  no forwarding address is provided, is the LEA
  obligated to continue to send a letter each
  term for the student’s period of eligibility?

 Does the Student Eligibility Letter need to be
  sent certified or registered mail?

                    No                                21

 Nicole Savio
  Coordinator – School & Community Services
  Ph: (714)966-4385
 Aracely Salazar
  Project Manager – School & Community Services
  Ph: (714) 966-4377
 Karol Gartner
  Senior Program Technician – School & Community Services
  Ph: (714) 966-4336

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