Transcript Understanding Levels of Determination Part B

Understanding Levels of
Determination—Part B
(CFR 300.603 and 604)
Improving Performance to Increase
Positive Results
Eugene R. Thompson, Education Program Specialist, BIE/DPA
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
IDEA 2004—a new process for states
• State Performance Plan (SPP)—20 compliance
and performance indicators; 15 apply to BIE
(Sec. 616 (b)(2)(C)(ii)(ll)
• Annual Performance Report (APR)—progress
on each SPP indicator reported here
The SPP is the BIE’s IEP.
The APR is the annual review of the SPP.
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Where is data collected from?
• Special education data collected from all
schools to arrive at BIE performance
• BIE submits APR to OSEP every February 1
• OSEP makes determination of every state
 2011 BIE determination: Needs Assistance 2
• BIE makes a determination for each school
based on specific criteria—by June 1
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
States Required to Make
Determinations
• Sec. 515 (a)(1)(c)(i)(ii)
• In general—the Secretary shall . . . Require
states to (i) monitor implementation of this
part by local educational agencies, and (ii)
enforce this part in accordance with
paragraph (3) and subsection (e)
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
BIE’s Determination of Schools
Based on specific criteria:
• Meets the requirements and purposes of
IDEA
• Needs Assistance in implementing IDEA
requirements
• Needs Intervention in implementing IDEA
requirements
• Needs Substantial Intervention in
implementing IDEA requirements
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
What are the Specific Criteria?
Indi- Description
cator
Target
Criteria
Data Source
3
Statewide assessment
(participation rate)
96%
# children with IEPs
participating in
assessment. Avg of
language or reading
and math scores
should = 96% or
greater.
Annual Report
for SY 20092010
4
Rates of suspension and
expulsion
HS-13.42% HS rate should not
ES-3.28%
exceed 13.42%; ES
rate should not
exceed 3.28%
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Table 5—
discipline; for >
10 consecutive
days. [OSS +
ISS = __ ÷ #swd
roster = %
What are the Specific Criteria?
Indi- Description
cator
5
8
LRE placement
A ≥ 80% with nondisabled peers, or
B ≤ 40% with nondisabled peers
Parental involvement
(returned parent
surveys)
Target
70.17%
7.37%
Yes/No
Criteria
Data Source
Removal from
nondisabled peers:
A ≥ 70.17 served ≥
80% of time with
nondisabled peers, or
B ≤ 7.37 served ≤ 40%
with nondisabled
peers
Special
Education
Statistical
Detail Report
(roster)—
October 31
School returned
parent surveys to
Piedra Data Services
by due date—May 7,
2010
School
returned
parent surveys
to Piedra Data
Services by
May 7, 2010
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
What are the Specific Criteria?
Indi- Description
cator
Target
Criteria
Data Source
11
Timely initial evaluations 100%
# of children whose
evaluations were
completed within 60days
Compliance
monitoring, SY
2009-2010
15
Timely correction of
noncompliance
School corrected any
noncompliance issues
within one-year or
sooner following
written notification
and met all
compliance
requirements
Compliance
monitoring
conducted
during SY 20082009 and
corrected in SY
2009-2010
Yes/No
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
What are the Specific Criteria?
Indi- Description
cator
Target
Criteria
Data Source
20
100%
Timeliness and accuracy
of state reported data
and reports returned and
submitted by due dates—
January 9, 2009; T1—
child count corrected
roster; T2—personnel
T1—child count
corrected roster
T2—personnel;
appropriate data
entry into NASIS;
accurate entry of
assessment data
in annual report
Results of A133 audit
A133 audit
Timely and accurate data
Any audit findings
- Lack of any audit
- Finding with no
correction &
questionable costs
- Finding with no
correction & unjustified
spending
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
The BIE Picture
(Based on SY 2009-2010 data)
2011 Part B IDEA Determinations
No. of
Percent
Schools
Meets Requirements
124
72%
Needs Assistance
34
20%
NA2
12
7%
Needs Intervention
3
2%
Needs Substantial Intervention
0
0%
TOTAL
173
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
2011 Levels of Determination
(based on SY 2009-2010 data)
ADD-Navajo
MR
NA
NA2 NA3 NA4
NI
Arizona Navajo Central
04
05
Arizona Navajo North
11
Arizona Navajo South
04
02
02
NM Navajo Central
06
02
01
01
NM Navajo North
05
02
02
01
NM Navajo South
02
05
02
TOTAL = 59
32
16
09
02
(54%)
(27%)
(15%)
(3%)
01
01
NI2
NI3
2011 Levels of Determination
(based on SY 2009-10 data)
ADD--West
MR
NA
NA2 NA3 NA4
Arizona North
04
04
Arizona South
10
01
Billings
02
01
01
New Mexico North
06
New Mexico South
06
02
01
Sacramento
04
Seattle
08
02
TOTAL = 52
40
10
02
(77%)
(19%)
(4%)
NI
NI2
NI3
NSI
2011 Levels of Determination
(based on SY 2009-10 data)
ADD—East
MR
Cheyenne River
04
Crow Creek-Lower Brule
06
Minneapolis
09
Oklahoma
03
Pine Ridge
04
Rosebud
02
South & Eastern
13
03
Standing Rock
04
01
Turtle Mountain
07
TOTAL = 62
52
(84%)
NA
NA2
NA3
NI
02
02
01
01
08
(13%)
01
01
(2%)
(2%)
NI2
NI3
Indicators That Were Problematic
(Source: 2011 Determinations)
SPP Indicator
BIE
TCS
Total
Indicator 3—Statewide assessment
6
21
27 (13%)
Indicator 4—Rates of suspension/expulsion
4
24
28 (14%)
Indicator 5—LRE placement
12
19
31 (15%)
Indicator 8—Parental involvement
9
18
27 (13%)
Indicator 11—Timely Initial evaluations
1
3
4 (2%)
Indicator 15—Timely correction of noncompliance
30
42
72 (35%)
Indicator 20—Timely and accurate data reporting
3
11
14 (7%)
Any audit findings
0
0
0
TOTAL
65
138
203
BIE Special Education Academy September
13-15, 2011--Tampa, Florida
Enforcement Actions
Schools in needs assistance for two consecutive years:
One of the following:
 Targeted technical assistance
 Identify school as high risk; impose special conditions
Additional actions may include:
 Use funds for areas of improvement
 Document TA school accessed; actions school took
 Written notification to principal and ELO
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Enforcement Action
Schools in needs intervention for three consecutive years:
One of the following:
 CAP to correct problems in one-year
 BIE-Operated—withhold Part B payments (whole or part)
 Tribally Controlled Schools—Can provide notice to grantee of intent
to rescind special education portion
Additional actions may include:
 Written notification to Principal, ELO
 Targeted technical assistance
 Focused monitoring activities
 Reallocate use of Part B funds to target areas needing improvement
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Stakeholder Involvement
• BIE Special Education Data Summit
• BIE Advisory Board for Exceptional Children;
BIE/TCS school staff; parents
• Provides review, comment, advice,
suggestions
• Based on involvement, changes made as
appropriate for achieving high standards in BIE
and school performances
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
SY 2011-2012 Reminders
• Amend LSPPs by September 30—improvement
activities to address indicator targets
• Evaluate improvement activities
• Access and document sources of TA
• Participate in webinars
• Review Part B spending plans
• Address needed systems change
• Sustain meets requirements
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Continuous Improvement 2011-2012
• Correct findings of noncompliance as soon as
possible
• Correctly implement the specific regulatory
requirements (the practice)
• Enter data into NASIS in real time
• Be prepared for DPA desk audits
• Focus on SPP Indicators to improve results
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Looking Forward
• SY 2010-2011 data for 2012 APR and level of
determination
• SY 2011-2012 data for 2013 APR and level of
determination
• On-site focused monitoring visits to 58 schools—
SY 2011-2012
• Indicator 11 desk audit—November 2011
• Indicator 13 desk audit—November 2011
• Review of updated data through NASIS--ongoing
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida
Thank You
•
•
•
•
Dr. Eugene R. Thompson
[email protected]
505-563-5394 office
505-250-1365 mobile
2011 BIE Special Education Academy
September 13-15, 2011--Tampa, Florida