john doe ii - click to start - settlement agreement

John Doe IIJohn Doe II

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Settlement AgreementSettlement Agreement

Implementation PlanImplementation Plan

SB County Probation Department SB County Department of Behavioral Health (DBH) SB County Superintendent of Schools (SBCSS)

Western Law Center for Disability Rights (DRLC) Latham and Watkins LLP

Settlement – May 1, 2006 Effective – July 1, 2006 Term – 3 Years 118 Conditions

DEFENDANTS

PLAINTIFF’S COUNSEL

SETTLEMENT AGREEMENT

Implementation PlanImplementation PlanProbation & SBCSSProbation & SBCSS

INJUNCTIVE RELIEF

TRANSMISSION OF RECORDS

EDUCATIONAL SERVICES

SPECIAL EDUCATION AND DISABILITY ACCOMMODATIONS

REINTEGRATION / TRANSITION

PROCEDURAL SAFEGUARDS

PROVISION OF MENTAL HEALTH SERVICES (PROBATION ONLY)

IMPLEMENTATION AND MONITORING

Injunctive ReliefInjunctive ReliefProbationProbation

MAYSI-2 SCREENING During Intake, Probation shall screen Youth using the Massachusetts Youth Screening Inventory, Version 2 (MAYSI-2) or an equivalent screening tool.

Staff shall provide the results of the MAYSI-2 to trained and designated Mental Health Staff who shall within 72 hours of Intake review the results and make timely referrals for further mental health screening or assessment as appropriate.

YOUTH IN IMMEDIATE DANGER To the extent that a youth is assessed as being an immediate danger to himself/herself, Mental Health Staff shall be notified immediately and Probation Staff shall take such measures as necessary to maintain watch over said youth until more complete assessment can be made.


MENTAL HEALTH ASSESSMENT

MEDICAL AND PHYSICAL SCREENING

ADVISING SCHOOL AND PROBATION


ORIENTATION HANDBOOK

Probation shall develop an Orientation Handbook to provide to parents and youth at Intake, in English and Spanish and shall contain:

• A description of the operations and rules of the Juvenile Hall,• The positive behavior incentive system,• Education,• Policies and procedures regarding health and mental health care,• Mail and telephone calls,• Visitation,• Programming and activities, • Clothing and personal items, • Room confinement and segregation, • Policies on use of force and restraints, • Discipline for misbehavior and • Grievance procedures.


DRLC HANDOUT FOR YOUTH AND PARENTS

Probation shall provide youth and parents a handout from DRLC, describing the services provided by DRLC relating to this Settlement Agreement, the compliance monitoring provisions included herein, and DRLC’s Inland Empire contact information.

This handout shall be posted and provided with the Orientation Handbook, and may be periodically updated.

Injunctive ReliefInjunctive ReliefPROBATION & SBCSSPROBATION & SBCSS

SECTION 504

To the extent that any screening or assessment identifies a disabling condition that requires a Section 504 meeting to develop appropriate accommodations, then the agency that administered the screening or assessment shall notify relevant agencies, the youth and parent (s) and make recommendations or arrange for a Section 504 meeting.

Injunctive ReliefInjunctive ReliefSBCSSSBCSS

CHILD FIND PROCEDURES

SBCSS shall maintain “child find” procedures consistent with federal and state law.

Special Education identification shall include self-identification instruments and other testing instruments and other testing instruments to identify students who do not self-identify.


CHILD FIND SCREENING

At enrollment, screening and assessment will include:

California Department of Education approved reading assessment California Department of Education approved math assessment Career interest survey, such as COINS Review of previous school records, when available, including suspensions and behavior indicators. Student questionnaire of previous school history Observation by classroom staff Review of work samples Review of any parent-submitted documents


EDUCATION – REVIEW OF RECORDS

REVIEW OF PROBATION RECORDS AVAILABLE TO EDUCATION STAFF

Educational ServicesEducational ServicesProbation & SBCSSProbation & SBCSS

EVALUATION OF EDUCATIONAL AND DETENTION NEEDS

A youth’s educational needs shall not be determined by the youth’s detention record.

However, institutional security and safety considerations must necessarily under exigent circumstances be given precedence.

A youth’s assignment to a certain unit shall, wherever possible, take into consideration the educational, physical and mental health needs of the youth, including any and all disabilities.


COOPERATION AND COLLABORATION

Probation shall maintain a process of cooperation and collaboration regarding the education and treatment of individual youths, including but not limited to, the MDT meetings between Education Staff, Special Education, Mental Health Staff, Medical Staff and Probation Staff.

SBCSS shall maintain a process for working collaboratively with other agencies providing services to individual youths, including but not limited to, the MDT meetings between Education Staff, Special Education Staff, Mental Health Staff, Medical Staff, Probation Staff and with the Working Group.


MDT MEETINGS

Wherever possible, but without including records which could stigmatize an individual youth, such as criminal or delinquent conduct records, MDT meetings may be used a process of collaboration between Education Staff, Special Education Staff, Mental Health Staff, Medical Staff and Probation Staff in furtherance of the youth’s care and treatment.

Special Education & Disability Special Education & Disability AccommodationsAccommodations

Probation & SBCSSProbation & SBCSS EDUCATION OF YOUTH WITH DISABILITIES

Probation, DBH and SBCSS shall accommodate students with disabilities.

Probation, DBH and SBCSS shall comply with ADA, Rehabilitation Act Section 504 and to the extent applicable, the IDEA, and reasonably address the needs of Youth who use English as a second language.

These accommodations shall be provided in the school environment, including physical education and transitions to and from the school environment.


ProbationProbation TRAINING

Probation and Mental Health Staff shall be trained to identify ADA and Section 504 needs, and to the extent applicable to the IDEA, and how to refer youth for evaluation including for Special Education and related services.


Probation & SBCSSProbation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT

Probation shall facilitate the delivery of education instruction and materials to youth who are not physically present in the classroom due to safety and security circumstances including “lock downs” and individual restrictions or other reasons.

These circumstances are limited to suspension or isolation that legitimately prevent the youth from being physically present in the classroom.


Probation & SBCSSProbation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT CONTINUED

When youth kept on the unit are unable to be physically present in the classroom due to safety and security reasons, Education Staff shall deliver education instruction and materials to Probation Staff for Probation Staff to provide the materials to the youth.

Course work and credit for work appropriately completed by youth shall be allocated by Education Staff.

Special Education services will be provided in the unit consistent with a student’s IEP.


Probation & SBCSSProbation & SBCSS EDUCATIONAL SERVICES FOR YOUTH KEPT ON THE UNIT CONTINUED

When the entire class is kept on the unit and safety and security provisions allow, Education Staff shall provide direct instruction to youth kept on the unit.


ProbationProbation SPECIAL EDUCATION FOR YOUTH KEPT ON THE UNIT

Probation shall facilitate the provision of Special Education instruction and related services to youth with IEPs who are not physically present in the classroom on a given day due to safety and security reasons such as “lock downs” and individual restrictions or other reasons.

Probation shall take a daily census of Special Education students kept on the unit for individual restrictions or other reasons.


Probation & SBCSSProbation & SBCSS BEHAVIOR SUPPORT AND MANAGEMENT

Probation shall maintain a facility-wide positive behavioral support plan, which emphasizes educational outcomes.

Probation shall post information explaining the system of incentives and continuum of appropriate consequences in school and housing areas.

The rules in school and housing areas shall be consistent with one another.


SBCSSSBCSS OPTIONS WHEN SDC ATTENDANCE IMPOSSIBLE

A range of all applicable Special Education options shall be provided including Resource Specialist Program (RSP) services, transition planning and related services.

The length of the school day is to be considered during the IEP meeting, including direct Special Education, individual direct/related services, and the option to attend both shifts of a double session when appropriate on a case-by-case basis.


SBCSSSBCSS OBLIGATIONS WHEN BEHAVIORAL ISSUES IMPACT EDUCATION

If serious behavioral issues in the Housing Unit, Juvenile Hall School, or in any transition between areas, impacts the education of or results in the use of force on a youth with disabilities, Education Staff shall consider the need to convene an IEP meeting, to develop a behavior support or Intervention plan, and/or to conduct a “functional analysis”.

SBCSS shall follow SELPA policies and procedures pertaining to behavior support plans , behavior intervention plans and “functional analysis”.

Procedural SafeguardsProcedural SafeguardsProbationProbation

GRIEVANCES AND PROCEDURES

POSTING INFORMATION AND TRACKING SYSTEM

GRIEVANCE TRACKING SYSTEM

USE OF FORCE REPORTING AND REVIEW

USE OF FORCE TRACKING AND MONTHLY REPORT

Procedural SafeguardsProcedural SafeguardsSBCSSSBCSS

IDEA PROCEDURAL SAFEGUARDS

SBCSS shall coordinate with Probation to provide parents with information regarding procedural safeguards upon students’ arrival at Juvenile Hall Facilities.

Provision of Mental Health Provision of Mental Health ServicesServicesProbationProbation

BEHAVIOR INTERVENTION REQUIREMENTS

IDENTIFYING YOUTH NEEDING MENTAL HEALTH SERVICES

GENDER SPECIFIC MODELS

Implementation & MonitoringImplementation & MonitoringProbation & SBCSSProbation & SBCSS

COMPLIANCE DIRECTOR AND EDUCATION MONITOR DUTIES

Spot Checks Retention of Data Attending Staff Meetings Reports

COMPLIANCE - DOCUMENTATION

Implementation & MonitoringImplementation & MonitoringProbation & SBCSSProbation & SBCSS

COMPLIANCE RECORDS

The Compliance Director and Education Monitor shall maintain sufficient records to document County Defendants’ compliance with all terms of this Settlement Agreement.

These records shall be provided to Plaintiff Class’ counsel, or made available to Plaintiff Class’ counsel.

THE ENDTHE END

john doe ii - click to start - settlement agreement

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