intensive technical assistance schools identified with continued findings of noncompliance for sy...
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Intensive Technical AssistanceSchools Identified with Continued Findings of
Noncompliance for SY 2008-2009
March 10, 2011
2008-2009 Compliance Monitoring Tool
Records Keeping-2 compliance items
IEP Meeting-2 compliance items
Referral and Evaluation Assessment Procedures -16 compliance items
Individualized Education Program File-3 compliance items
Participants on IEP Team -6 compliance items
IEP Content-13 compliance items
Invitation-4 compliance items
Written Notice-2 compliance items
Placement and Services-3 compliance items
Transition Services-7 compliance items
Identification
Specific to Compliance Monitoring, what is a Finding of Noncompliance?A Finding is systemic and not child-specific. Findings are in categories, with the subparts (items)
having to be corrected at 100% to complete correction of the Finding.
Compliance Monitoring 2008-2009 Brief OverviewIdentification
On-site Compliance Monitoring of special education programs at 173 schools for compliance with IDEA 2004 138 schools identified with findings of
noncompliance Written Notification of Findings of
Noncompliance provided to school on-site at the exit meeting
Brief Overview (cont.)CorrectionsEach school was directed to develop and
implement a Corrective Action Plan (CAP)Correct the findings of noncompliance as
soon as possible and no later than one-year from written notification1. Correct each individual item of
noncompliance*2. Correctly implement the regulatory
requirements of IDEA 2004*
(*OSEP 09-02 memo/FAQ document)
According to OSEPCorrection is as follows:(OSEP 09-02 Memo/FAQ document)
If school has corrected and is correctly implementing the specific regulatory requirements based on updated data, the BIE can verify correction of noncompliance
If school has corrected and is not correctly implementing the specific regulatory requirements based on updated data, the BIE cannot verify correction of noncompliance
Brief Overview (cont.)Corrections
Individual student corrections to ensure FAPE (ASAP) Redo IEP Amendment of IEP Service delivery on the IEP
Processes that may be needed for schools to correctly implement regulatory requirements of IDEA 2004 Root Cause Analysis Change Policy and Procedures Training
Brief Overview (cont.)Correction of Findings of Noncompliance
By October 15, 2010, all 138 schools had corrected individual items of noncompliance
Corrected noncompliance within 1 year of notification 52 schools had corrected individual items of noncompliance, and the
schools were implementing the specific regulatory requirements of IDEA 2004
Corrected noncompliance beyond 1 year of notification 52 schools had corrected individual items of noncompliance, and the
schools were implementing the specific regulatory requirements of IDEA 2004
Not correctly implementing the regulatory requirements of IDEA 2004
34 schools had corrected individual items of noncompliance, the schools were not implementing the specific regulatory requirements of IDEA 2004
20 Tribally-Controlled schools 14 BIE-Operated schools
To Ensure Correction, BIE/DPA will:Review updated data
Comparison of 2008-2009 Compliance Monitoring categorical findings to 2009-2010 Compliance Monitoring categorical findings
Sampling review of current NASIS special education module student IEP files 3 electronic IEPs (< 50 SWD) 5 electronic IEPs (> 50 SWD)
Sanctions: I. Intensive Technical AssistanceThree required webinars:March 10, 2011—Identification/Correction
of NoncomplianceMarch 17, 2011—Root Cause AnalysisMarch 24, 2011—TA on high need areas
Referral and Evaluation Assessment Procedures Participants on IEP Team IEP Content Transition Services
What’s NextSampling review of current NASIS
special education module student IEP files during the week of April 18thStudent IEP files December 1, 2010 – April 18,
2011
Notification of Close-out, if corrections verified
Continuation of Sanctions, if there is continued noncompliance
Sanctions II. Enforcement Actions
BIE Operated Schools Notification of Associate Deputy Director and
Education Line Officer
Tribally Controlled, Grant/Contract Schools Notification of Associate Deputy Director and
Education Line Officer Notification of Grantee
Concerns/Issues to AddressRoot Cause Analysis of Findings of
NoncomplianceProblem-solving method to correct
noncompliance findings. March 17 Webinar
NASIS special education moduleScan and upload of IEP files and supporting
documentation NASIS Special Education Process Guide
Locking past and current IEPs NASIS Special Education Process Guide