Transcript Intensive Technical Assistance Schools Identified with Continued Findings of Noncompliance for SY 2008-2009 March 10, 2011

Intensive Technical Assistance
Schools Identified with Continued Findings of
Noncompliance for SY 2008-2009
March 10, 2011
Identification
2008-2009 Compliance Monitoring Tool
Records Keeping IEP Meeting
-2 compliance
-2 compliance
items
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
Written Notice
-2 compliance
items
Placement and
Services
-3 compliance
items
Transition
Services
-7 compliance
items
Invitation
-4 compliance
items
 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 Overview
Identification
 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.)
Corrections
 Each 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
notification
1.
Correct each individual item of noncompliance*
2. Correctly implement the regulatory
requirements of IDEA 2004*
(*OSEP 09-02 memo/FAQ document)
According to OSEP
Correction 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 Assistance
Three required webinars:
 March 10, 2011—Identification/Correction of
Noncompliance
 March 17, 2011—Root Cause Analysis
 March 24, 2011—TA on high need areas




Referral and Evaluation Assessment Procedures
Participants on IEP Team
IEP Content
Transition Services
What’s Next
 Sampling review of current NASIS special
education module student IEP files during the
week of April 18th
 Student 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 Address
 Root Cause Analysis of Findings of
Noncompliance
 Problem-solving method to correct noncompliance
findings.

March 17 Webinar
 NASIS special education module
 Scan and upload of IEP files and supporting
documentation

NASIS Special Education Process Guide
 Locking past and current IEPs
 NASIS Special Education Process Guide