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Remedial Action Plan


In 2013, a lawsuit was filed against the Mount Vernon City School District and the New York State Education Department alleging that the District was not providing students with disabilities with the educational services to which they were entitled under the Individuals with Disabilities Education Act (IDEA).

As part of the resolution of the proceeding, the District hired an Independent Monitor to conduct an audit of the special education processes in the District. As a result of that audit, the District and the Independent Monitor developed a Remedial Action Plan designed to help the District achieve a greater level of compliance with the IDEA and the New York State’s rules and regulations.

The Settlement contemplates that the District shall collect baseline data concerning its compliance with 15 distinct requirements of the IDEA. The District will then implement various protocols and practices required by the Remedial Action Plan, many of which have already been implemented. The District must then measure its progress towards the goals and milestones established by the settlement agreement and report such information to the Independent Monitor.  

The Settlement Agreement contains some enforcement provisions. If the District does not submit the Monitoring Statements to the Monitor on a timely basis, the District will be deemed to have committed a Procedural Noncompliance Event. If, upon implementing the corrective measures, the District does not meet the goals and milestones set forth in the agreement, the District will be deemed to have committed a Substantive Noncompliance Event.  

The first Monitoring Statement contains the baseline data from the 2017-2018 school year. Since the gathering and assembly of the documents for the initial Monitoring Statement took longer than anticipated, and corresponded with all of the other CSE responsibilities at the end of the school year, there was a delay in the production of the initial Monitoring Statement. The Monitoring Statement has been presented to the Monitor. The Monitor requested some additional information be incorporated into the Monitoring Statement and asked that the District make a few other corrections to the document. Dr. Gaon and her staff are currently doing that. Once those changes are made, the Monitoring Statement will be shared with the Board and posted on the District’s website. Since there was a delay in producing the Monitoring Statement, there technically was a Procedural Noncompliance event, so I am sharing that information with you. Now that there is a better understanding of the information the Monitor would like included in the Monitoring Statement, we anticipate the future Monitoring Statements will be produced in a timely manner.

The next Monitoring Statement is due on January 31, 2019. At that time the District must report on the extent to which the recommended protocols and practices have been implemented. The next Monitoring Statement after that is due on June 30, 2019, in which the District shall report on its progress towards meeting the compliance goals and milestones set forth in the settlement agreement.

Please check the special education department webpage to find the Monitoring Statements and additional information relative to the District’s special education programs and services.

Monitoring Statement 2020

Remedial Action Plan and Monitoring Status Report, January 31, 2020

Monitoring Statement 2019

Remedial Action Plan and Monitoring Status Report, presented at September 17, 2019 Board of Education Meeting

Monitoring Statement 2018



Plan for Schedule 1 Item 1.9

1.9 Identify and support all first-year students with disabilities (and nondisabled peers) who are “not on track” to graduate, (i.e., have failed more than two core courses during the first year and/or have high absentee rates.) To the extent possible, for each student “not on track,” provide research-based strategies that would utilize all available resources, including mentoring, intervention services, counseling, tutoring, and other supports that are likely to reverse the student’s performance trend.

We are using the Monitoring Statement’s recommendations for providing research based strategies to provide supports for at- risk students to reverse the student’s performance trend.

Our plan includes:

  1. Working with the Technology Department to obtain the names of 9th grade students who are failing 2 or more subjects and /or have absences totaling 5 or more days and/or excessive unexcused class absences beginning October 21, 2019.
  2. In collaboration with the high school teams, consisting of Building Administrator, School Counselor, Social Worker, and Attendance Teacher, Individual Remediation Plans will be developed for each at risk student. The Remediation Plan will include SMART goals and incorporate 6 week progress monitoring cycles. Progress updates will be delivered bi-weekly and supports will be titrated if necessary.
  3. The Remedial Plans for each student will include research-based interventions including (as applicable):
    • Mentoring opportunities – AVID Tutorology – Each 9th grader is assigned an AVID Tutor. The tutor will be responsible for monitoring each student’s services as their case manager.
    • Intervention services – to focus on academic and attendance supports
    • Counseling provided by school social workers
    • Tutoring opportunities at the high school
  4. An Attendance Team will be established to review attendance data biweekly and meet with student and family.

All areas will be monitored and progress reported as mandated in the agreement.

Data will be collected by the Student Services Office on a bi-weekly basis for the above referenced items in order to ensure that interventions are taking place and reviewed regularly.