Mattie T.
Updated
Timeline
and Goals
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• Class Action originally filed April 25, 1975
• Original Consent Decree signed on
January 26, 1979
• Motion filed to end consent decree in
November 2001
• This motion was later withdrawn by
agreement of the parties and in exchange
for entry of the 2003 Modified Consent
Decree
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• December 23, 2003 - revised Consent
Decree signed by United States District
Court Judge Mills
– Set specific numeric targets for state and
districts to meet
– Addresses children 6 to 20 years old
– Includes SLD, OHI, EmD, EMR, and LRE
– All provisions relating to LRE dismissed with
prejudice May 2009
April 2010
Copyright © 2010 Mississippi Department of Education
1.00%
EmD: Mississippi will increase the percentage of
students with Emotional Disturbance to be at
0.55%.
0.90%
0.80%
TARGET NOT MET
EMD
Annual
Targets
0.70%
Percent
0.60%
0.55%
0.49%
0.50%
0.41%
Actual
0.40%
0.40%
0.31% 0.32%
0.27%
0.30%
0.37%
0.30%
0.23%
0.27%
0.20%
0.10%
0.35%
0.18%
Baseline
0.08%
0.12%
0.00%
19992000
2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 200902
03
04
05
06
07
08
09
10
3.00%
OHI: Mississippi will increase the percentage of
students with Other Health Impairments to be at
0.30%.
2.50%
TARGET MET
Percent
2.00%
1.50%
Actual
1.09%
1.17% 1.20%
0.96%
1.00%
0.81%
0.67%
0.50%
Baseline
0.00%
0.04% 0.08%
0.24%
0.14% 0.19%
OHI
Annual
0.30% Targets
0%
19992000
2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 200910
09
08
07
06
05
04
03
02
4.00
EMR: Mississippi will ensure that districts have a differential of 1.15 or
less in the proportion of Black students from the proportion of other race
students identified with educable mental retardation.
Differential
3.00
2.00
EMR Annual Target: 1.15
1.00
0.79
0.73
0.65
0.59
0.56
0.57
Actual
0.00
1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 200910
09
08
07
06
05
04
03
02
01
2000
40
35
Baseline
34
31
30
25
27
25
25
23
20
EMR: The Consent Decree requires every
LEA to reduce its EMR Differential to 1.15
TARGET
or less. NOT MET
15
21
Actual
17
18
15
12
EMR Annual Target
10
5
6
0
0
16
0
EMR
0
19992000
200001
200102
200203
200304
200405
200506
200607
200708
200809
200910
4.00
SLD: Mississippi will ensure that districts must have a differential of
1.85 or less in the proportion of Black students from the proportion of
other race students identified as specific learning disabilities.
3.00
Actual
2.47
Differential
2.24
1.95
2.00
SLD Annual Target: 1.85
2.56
2.40
1.98
1.66
1.28
1.00
0.00
19992000
2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 200910
09
08
07
06
05
04
03
02
SLD - Num be r of Dis tricts Out of Com pliance
120
Baselines
99
101
105
108
105
100
100
Actual
92
85
80
80
SLD: The Consent Decree requires every
LEA to reduce its SLD Differential to 1.85
or less.
67
68
60
TARGET NOT MET
52
50
40
SLD Annual Target
30
20
0
0
SLD
0
1999-2000 2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08
2008-09
2009-10
Mattie T. Timeline
• MDE and Mattie T. Consultants will review
special education data for each district that
includes:
– Monitoring reports
– Follow-up visits
– Analysis of reports
– Due Process
• Originally: Sept 2008 - Sept 2010
• Changed to: Dec 2008 - Dec 2010
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• Analyzing and verifying
accuracy of data
• Originally: Sept 2010 - March 2011
• Changed to: Dec 2010 - June 2011
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• Final Data Reference Point for
determining whether or not the
termination criteria have been
met
• Originally: September 2010
• Changed to: December 1, 2010
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• Districts must be notified in
writing of non-compliance
• Originally: April 15, 2011
• Changed to: July 15, 2011
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• “Plan of Rapid Compliance” must
be submitted to MDE
–must outline goal of meeting the targets
–if LEA fails to submit plan, mandatory and
automatic sanctions shall be imposed
• Originally: June 15, 2011
• Changed to: September 15, 2011
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• ALL districts must be in
compliance
– Any LEA that is not in compliance with the decree’s
requirements, shall have mandatory and automatic
sanctions imposed
• Originally: December 31, 2011
• Changed to: March 31, 2012
April 2010
Copyright © 2010 Mississippi Department of Education
Mattie T. Timeline
• A Hearing before the U.S. District
Court may be required if the Consent
Decree’s goals are not met.
• MDE must present a plan with
additional steps to meet the goals.
• The Court may recommend changes to this
plan.
April 2010
Copyright © 2010 Mississippi Department of Education
Disproportionality Strategies
• Three Strategies
 Utilize the three-tier intervention model to prevent overidentification.
 Revisit recently identified students for declassification.
 Consider that another classification might be more
appropriate.
Note: All three strategies require data from multiple sources and
appropriate documentation. The latter two methods require appropriate
review and consideration by the IEP Committee of progress on IEP
goals and consideration of the impact of the decision on the student’s
educational and personal future and must be done carefully using the
guidance of experts in assessment and evaluation of children.
April 2010
Copyright © 2010 Mississippi Department of Education
Effective Teacher Support Teams
1.
2.
3.
4.
5.
The student’s current level(s) of performance/baseline in
the area(s) of concern are described in measurable
terms meaningful for intervention.
Observable replacement behaviors and the desired level
of performance/goal for the student are described in
measurable terms.
A method for measuring progress towards the desired
level of performance/goal is described in writing.
An intervention to improve student performance is
designed in the form of an Intervention Plan.
At least one person is assigned to support the teacher in
implementing the Intervention Plan.
April 2010
Copyright © 2010 Mississippi Department of Education
Effective Teacher Support Teams
6.
The frequency (how often) the measure of progress
will be used is specified in writing.
7. An implementation integrity measure is available for
checking (self-checking) how the intervention is
implemented.
8. The principal is present and participates in the
meeting.
9. The parent(s) of the student is aware of and has the
opportunity to be involved in the TST process.
10. A date for the review of the Intervention Plan and
progress monitoring data is specified in writing
April 2010
Copyright © 2010 Mississippi Department of Education
Declassification
• Through an appropriate reevaluation, consider
the declassification of students who are eligible
as students with a Specific Learning Disability.
• The reevaluation for these students involves
those students who are doing well academically
with or without supports to enable their success.
• IEP Committees should consider a student’s
ability to be successful in general education with
the necessary academic and behavioral
supports provided through the three-tiered
instructional model.
April 2010
Copyright © 2010 Mississippi Department of Education
Reclassification
• Through an appropriate reevaluation, consider
the reclassification of students who are
eligible as students with a Specific Learning
Disability.
• IEP Committees should look at possible areas
of eligibility such as:
 Emotional Disability, Other Health Impaired,
Hearing Impaired, Visually Impaired, or any other
category where eligibility criteria is evident.
April 2010
Copyright © 2010 Mississippi Department of Education
Under-identification of
Emotional Disabilities
• Make data-based decisions for students who
exhibit emotional and behavioral problems.
Data sources include, but are not limited to:




Office Discipline Referrals
Suspensions/Expulsions
Retentions
Absences, leaving school early or attending partial
days
 Changes in schools
April 2010
Copyright © 2010 Mississippi Department of Education
Child Find 300.111(a)(i)(ii)
The State (and district) must have in effect
policies and procedures to ensure that – (i) All
children with disabilities residing in the State,
including children who are homeless children or
wards of the state and children with disabilities
attending private schools regardless of the
severity of their disability and who are in need of
special education and related services are
identified, located, and evaluated.
April 2010
Copyright © 2010 Mississippi Department of Education
Findings of Noncompliance
Child Find:
 Failure to refer students with multiple
discipline problems to TST or MET;
 No documentation of behavior interventions
for students with multiple discipline problems
or severe discipline concerns;
 Students with pronounced behavior problems
remained in TST and were never referred for
a comprehensive assessment.
April 2010
Copyright © 2010 Mississippi Department of Education
Findings of Noncompliance
Assessment & Evaluation 300.304
(c)(6)
The evaluation is sufficiently
comprehensive to identify all of the child’s
special education and related services
needs, whether or not commonly linked to
the disability.
April 2010
Copyright © 2010 Mississippi Department of Education
Findings of Noncompliance
• Assessment & Evaluation:
 Behavior is not addressed during reevaluation, when evidence of multiple
suspensions or repeated discipline
referrals exist.
 Eligibility determination of SLD for a
student with discipline referrals in excess
of 20 during one school year and
placements at the Alternative School.
April 2010
Copyright © 2010 Mississippi Department of Education
Findings of Noncompliance
300.309(a)(3)(i)
The district team determines that its
findings are not primarily the result of a
visual, hearing or motor disability.
April 2010
Copyright © 2010 Mississippi Department of Education
Findings of Noncompliance
• Documentation in files of students with
SLD eligibility - student files include
evidence or documentation of:




Hearing difficulties
Visual problems/concerns
Physical problems
Emotional or behavioral difficulties
April 2010
Copyright © 2010 Mississippi Department of Education
Ann Moore
State Director, Office of Special Education
601-359-3498
anmoore@mde.k12.ms.us
http://www.mde.k12.ms.us/special_education/
April 2010
Copyright © 2010 Mississippi Department of Education