Fw: Gaskin Settlement!

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Gaskin Settlement!

The settlement Agreement with the Commonwealth in the Gaskin case was

signed this morning and filed with Judge Robreno. We should be proud of what

Judy

Gran, with the assistance of Barbara Ransom and many others, accomplished.

The following press release describes the case and its settlement. We expect

that the complete settlement agreement will be available on our web site

(www.pilcop.org) after Thursday.

P R E S S R E L E A S E

Dec. 21, 2004

PENNSYLVANIA AGREES TO CHANGES IN SPECIAL EDUCATION

TO INCREASE INCLUSION OF STUDENTS WITH DISABILITIES

IN REGULAR EDUCATION CLASSES.

The state of Pennsylvania and the Public Interest Law Center of

Philadelphia today concluded an historic settlement of litigation designed to

change the

quality of special education services throughout the state. Pursuant to the

agreement, the state will change how it helps its 501 school districts comply

with the federal Individuals with Disabilities Education Act and how it

monitors that compliance. The settlement is designed to increase the inclusion

of

students with disabilities in regular education classes with non-disabled

students. The settlement comes after ten years of effort in a state-wide class

action called Gaskin v. Commonwealth of Pennsylvania, Department of Education in

which the Law Center represented a class of 280,000 special education students,

12

named plaintiffs, and 11 disabilities advocacy organizations, including The

ARC of Pennsylvania, Pennsylvania TASH, and Pennsylvania Protection and

Advocacy, Inc. The United States Department of Education reported that

Pennsylvania was the 7th lowest state in 2002 for including students with

disabilities in regular

education classrooms.

Judith Gran, the lead attorney for the plaintiffs, hailed the agreement. " The

Rendell Administration recognized that in too many parts of the state not

enough has been done to provide students with disabilities a meaningful

education

in the least restrictive environment. Too many students and their parents have

been frustrated by school districts' failure to fulfill the promise of

federal law. We are delighted that this administration is willing to make the

significant efforts necessary to make Pennsylvania a leader in teaching

students with disabilities. "

As one of the key new elements to refocus the state's activities, the

settlement creates an Advisory Panel on Least Restrictive Environment which

shall meet quarterly to review progress in the implementation of the

settlement, including growth in inclusive practices, improvements in quality

of actual special education practices, and whether teachers and other school

personnel are receiving the training and assistance needed to meet the needs

of special education students. Twelve of the 15 members of the Advisory Panel

will be selected by the plaintiff organizations.

The agreement provides that the state will undertake a new effort

to advance inclusion of students with disabilities in regular education by:

* Increased monitoring for those 50 districts with the poorest

record of inclusion of special education students with regular education

students. The

state will require corrective action plans for the targeted districts. The

remaining districts in the lowest 250 districts will be on an alert status.

Compliance monitoring for Least Restrictive Environment shall review whether

meaningful educational benefit is being achieved, as well as for procedural

compliance.

* Changes in the individual complaint resolution process to

require interviews with parents and all persons they identify as having actual

knowledge of the

subject of the complaint.

a.. Changes in the monitoring process to require consideration of the outcomes

of all of the due process hearings and individual complaints in assessing a

district's record.

b..

* Changes in the approval process of each district's special

education program to have it come after and be based on consideration of the

special education compliance monitoring process.

c..

* Increased commitment to training and technical assistance by

the state to assist districts in assuring that all teachers have the necessary

skills

and knowledge of best practices appropriate to the disabilities of the

students

in their class.

The settlement will be enforceable for 5 years, with a dispute

resolution process requiring mediation before a dispute over compliance goes

to a

federal judge. United States District Judge Robreno is expected to

set a

hearing to consider approval of the Settlement after appropriate notice to the

class.

The settlement was negotiated with the assistance of former District Court

Judge

Louis C. Bechtle who acted as a discovery master and then mediator.

Pennsylvania Department of Education General Counsel Larry White led the

negotiating team for the state.

Historically many teachers who are not certified in special

education are uncomfortable teaching students with disabilities and are not

trained in the

best practices for the students' particular disabilities. A Law Center

review of special education students found that few students were receiving

specialized designed instruction in regular education classes, and that few of

their

education teachers reported having received training or technical assistance

in best practices for teaching students with disabilities in regular classes.

The Law Center's investigation was assisted by Dr. Beverley and Dr.

Lengyel at Duquesne University and by statistician Dr. Conroy.

The lead plaintiff, Lydia Gaskin, is an example of successful

inclusion. Born with Down Syndrome, Ms. Gaskin is finishing her last year in

the Carlisle

Area School District after being included in courses with college bound

students.

" Lydia and her classmates have all benefitted from the challenges she faced.

She is a full and participating member of her school community and she is a

stronger, more independent person than she would have been if segregated in

classes only with persons with disabilities, " said her father ph Gaskin.

For further information contact: Judith Gran, Esq. ext

225, ph Gaskin, , or Gia and Wade Royer, .

..

.

Ruth

Please consider supporting our work by ordering gift cards for supermarkets,

stores or restaurants you use anyway. A percentage of each sale goes to direct

support for families of children with disabilities. Visit:

http://pex.tripod.com/AAAaffiliates.html for more opportunities to help us.