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DeterminationsDeterminations

EI/ECSE SPR&I TrainingEI/ECSE SPR&I Training

ODEODE

Fall 2007Fall 2007

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Federal law Federal law 34 CFR 300.60034 CFR 300.600

Requires ODE to Requires ODE to determinedetermine each each EI/ECSE program’s performance in EI/ECSE program’s performance in meeting the requirements of IDEA on a meeting the requirements of IDEA on a yearly basisyearly basis

Requires ODE to measure performance Requires ODE to measure performance in priority areas established by OSEP in priority areas established by OSEP in the State Performance Plan (SPP)in the State Performance Plan (SPP)

Does Does not not require ODE to publicly require ODE to publicly report determinations report determinations

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Determinations: Based on ODE review Determinations: Based on ODE review of local data collection, analysis and of local data collection, analysis and

reporting ofreporting of:: Procedural Procedural

compliance compliance indicators indicators established by the established by the SPPSPP

Valid, reliable and Valid, reliable and timely data timely data

Correction of any Correction of any identified identified noncompliancenoncompliance

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Performance DeterminationsPerformance Determinations

Meets the requirementsMeets the requirements Needs assistance meeting the Needs assistance meeting the

requirementsrequirements Needs intervention meeting the Needs intervention meeting the

requirementsrequirements Needs substantial intervention Needs substantial intervention

meeting the requirements meeting the requirements

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Meets the RequirementsMeets the Requirements

All procedural All procedural compliance compliance indicators are indicators are ≥≥ to to 95%95%

All procedural All procedural noncompliance is noncompliance is corrected at corrected at ≥ ≥ 95% 95% within at least one within at least one year year

All procedural All procedural compliance data is compliance data is reported timely reported timely and accuratelyand accurately

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Meets Requirements: What does Meets Requirements: What does that mean?that mean?

Continue meeting procedural Continue meeting procedural compliance indicators at compliance indicators at ≥≥ 95% 95%

Correct ALL procedural non Correct ALL procedural non compliance ASAP (for individual compliance ASAP (for individual children when possible and systemic children when possible and systemic correction)correction)

Provide evidence of correction of Provide evidence of correction of non-compliance to ODEnon-compliance to ODE

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Needs AssistanceNeeds Assistance

Procedural Procedural compliance compliance indicators are indicators are < < 95% and > 50%95% and > 50%

All procedural All procedural noncompliance is noncompliance is corrected at corrected at < 95% < 95% and > 50%and > 50%

Procedural Procedural compliance data is compliance data is not reported timely not reported timely and accuratelyand accurately

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Needs Assistance: What does that Needs Assistance: What does that mean?mean?

Meet procedural compliance indicators Meet procedural compliance indicators at at ≥≥ 95% 95%

Correct ALL procedural non Correct ALL procedural non compliance ASAP (for individual compliance ASAP (for individual children when possible and systemic children when possible and systemic correction)correction)

Provide evidence of correction of non-Provide evidence of correction of non-compliance to ODE ASAPcompliance to ODE ASAP

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Needs InterventionNeeds Intervention

Procedural compliance indicators are Procedural compliance indicators are ≤ 50%≤ 50%

All procedural noncompliance is All procedural noncompliance is corrected at corrected at ≤≤ 50%50%

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Needs Intervention: What does Needs Intervention: What does that mean?that mean?

Meet procedural compliance indicators at Meet procedural compliance indicators at ≥≥ 95% 95%

Correct ALL procedural non compliance Correct ALL procedural non compliance ASAP (for individual children when possible ASAP (for individual children when possible and systemic correction)and systemic correction)

Provide evidence of correction of non-Provide evidence of correction of non-compliance to ODE ASAP (work with ODE compliance to ODE ASAP (work with ODE liaison to develop improvement strategies liaison to develop improvement strategies and schedule of reporting progress in and schedule of reporting progress in correcting noncompliance) correcting noncompliance)

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Key Performance IndicatorsKey Performance Indicators

Not used this year in the Not used this year in the determination rubricdetermination rubric

Will be used next year and in Will be used next year and in subsequent yearssubsequent years

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ReviewReview

Determinations Guidance Document Determinations Guidance Document Determinations Status and Findings Determinations Status and Findings

NotificationNotification EI/ECSE Program Determinations EI/ECSE Program Determinations

Summary ReportsSummary Reports Program list of standards in Program list of standards in

compliance, second year compliance, second year noncompliance or new noncompliance noncompliance or new noncompliance

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Correction of NoncomplianceCorrection of Noncompliance

Individual file corrections Individual file corrections

Examples: Examples: Obtaining consent for services;Obtaining consent for services; Including the correct personnel at an IFSP Including the correct personnel at an IFSP

meeting;meeting; Evaluating a child eligible for EI services in Evaluating a child eligible for EI services in

all areas of development.all areas of development.

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Correction of NoncomplianceCorrection of Noncompliance

Systemic correction Systemic correction Example: Example:

Providing prior written notice of evaluation Providing prior written notice of evaluation that containing the correct content. File that containing the correct content. File review showed systemic noncompliance. review showed systemic noncompliance.

Correction was development of a new form Correction was development of a new form and staff training to use the new form.and staff training to use the new form.

Documentation of correction: File reviews Documentation of correction: File reviews following training with children entering the following training with children entering the program.program.

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Timelines for Correction of Timelines for Correction of NoncomplianceNoncompliance

Second Year Noncompliance:Second Year Noncompliance: Correct ASAP;Correct ASAP; Show evidence of correction; Show evidence of correction; Set timeline for correction with county Set timeline for correction with county

contact.contact.

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Example 1Example 1

““If EI services not provided in the natural If EI services not provided in the natural environment, a justification is provided”environment, a justification is provided”

File review data showed that 4/5 of the files File review data showed that 4/5 of the files reviewed did not have an appropriate reviewed did not have an appropriate justification statement. justification statement.

Correction of individual child files (reconvene IFSP Correction of individual child files (reconvene IFSP team and complete the IFSP justification statement);team and complete the IFSP justification statement);

Training with staff;Training with staff; Conduct file reviews of “new” IFSPs completed after Conduct file reviews of “new” IFSPs completed after

the training; the training; Submit the new data to ODE.Submit the new data to ODE.

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Example 2Example 2

““A transition conference occurs at least A transition conference occurs at least 90 days prior to the child's third 90 days prior to the child's third birthday” birthday”

File review showed that conferences File review showed that conferences occurred but not within the timeline (3/3).occurred but not within the timeline (3/3).

Correction: Staff training and implementation Correction: Staff training and implementation of a computer “tickler system” to remind staff of a computer “tickler system” to remind staff of upcoming timelines.of upcoming timelines.

Conduct file reviews of “new” IFSPs completed Conduct file reviews of “new” IFSPs completed after the corrections.after the corrections.

Submit the new file review data to ODE.Submit the new file review data to ODE.

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Example 3Example 3 ““Procedural safeguards made available to parents Procedural safeguards made available to parents

upon initial referral for evaluation”upon initial referral for evaluation”

File review showed no documentation that procedural File review showed no documentation that procedural safeguards were provided to parents upon initial referral safeguards were provided to parents upon initial referral for evaluation (8/8)for evaluation (8/8)

Ensure that all parents of children receiving services have a Ensure that all parents of children receiving services have a copy of procedural safeguards;copy of procedural safeguards;

Review program procedures and process to find out why Review program procedures and process to find out why parents were not receiving procedural safeguards or if parents were not receiving procedural safeguards or if there was no documentation that procedural safeguards there was no documentation that procedural safeguards were provided. Correct procedure and process.were provided. Correct procedure and process.

Conduct file reviews of children entering the program after Conduct file reviews of children entering the program after the corrections;the corrections;

Submit the new process and new data to ODE.Submit the new process and new data to ODE.

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Example 4Example 4

““A copy of the evaluation/eligibility report is A copy of the evaluation/eligibility report is given to the parents”given to the parents”

File review showed that of 10 files reviewed one File review showed that of 10 files reviewed one did not indicate that the parents received a copy did not indicate that the parents received a copy of the report.of the report.

Correction: A copy of the report sent to parents;Correction: A copy of the report sent to parents; Additional file reviews indicate this was an Additional file reviews indicate this was an

anomaly;anomaly; Send evidence of individual file correction to ODE.Send evidence of individual file correction to ODE.

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Second Guess ThursdaySecond Guess Thursday

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