Transcript Top 10:  Trends from Monitoring Data and Tips to Stay "IN" Compliance (9/29/2015)

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TRENDS FROM MONITORING DATA
AND
TIPS TO STAY “IN” COMPLIANCE
September 29, 2015
Missouri Department
of Elementary and Secondary Education
Federal Tiered Monitoring
MSIP
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All LEAs
Up to 10%
of LEAs
5%
of LEAs
• Self-assessment in their cohort year
• DESE verifies during desk review
• Phone monitoring in Cohort’s year
• DESE verifies through phone interviews
• Onsite monitoring in Cohort’s year
• DESE verifies during onsite visit
Special Education Tiered Monitoring
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Conduct Self-assessment +
Desk Review
Self-assessment (Year 1)
Maintain
compliance and
retrain staff
Maintain & Retrain (Year 3)
Correction of
identified
noncompliance
CAP (Year 2)
Special Education Tiered Monitoring
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Conduct Self-assessment +
Desk Review
Self-assessment (Year 1)
Maintain
compliance and
retrain staff
Maintain & Retrain (Year 3)
Correction of
identified
noncompliance
CAP (Year 2)
Cohort 1
during
2015-16
Special Education Tiered Monitoring
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Conduct Self-assessment +
Desk Review
Cohort 2
during
2015-16
Self-assessment (Year 1)
Maintain
compliance and
retrain staff
Maintain & Retrain (Year 3)
Correction of
identified
noncompliance
CAP (Year 2)
Special Education Tiered Monitoring
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Conduct Self-assessment +
Desk Review
Self-assessment (Year 1)
Cohort 3
during
2015-16
Maintain
compliance and
retrain staff
Maintain & Retrain (Year 3)
Correction of
identified
noncompliance
CAP (Year 2)
The GOOD News. . .
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
Three Years Ago. . .
 45%
of LEAs were
out of compliance on
the #1 indicator

Today. . .
 20%
of LEAs are out
of compliance on the
#1 indicator
The GOOD News. . .
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
Three Years Ago. . .

 45%
of LEAs were
out of compliance on
the #1 indicator
Almost 1/2 of LEAs were out 3
years ago and only 1/5 are
out now . . .This means fewer
LEAs in Cohort 1 are out of
compliance overall!
Today. . .
 20%
of LEAs are out
of compliance on the
#1 indicator
COMPLIANCE
Plus a few more. . .
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#1
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200.180 Eligibility staffing held within required
timelines.
Indicator
200.180
Overall
Trend
% in
Cohort 1
20%
20%
% in
Cohort 2
18%
% in
Cohort 3
17%
Documentation and Strategies for 200.180
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Evaluation Timeline is 60 calendar
days from date of parent consent
1. Plan ahead with evaluators to ensure all assessments are completed
in a timely manner.
2. Acceptable extension ONLY include: snow days, agency vacation
days, child’s absence because of illness, holiday and summer break.
3. Weekends COUNT for all other breaks including Thanksgiving break,
snow days, etc.
#2
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200.850.d Program modifications and
accommodations in the IEP state frequency of
how often they will occur (i.e. – daily, weekly,
monthly)
Indicator
% in
% in
Cohort 1 Cohort 2
% in
Cohort 3
200.850.d
24%
15%
Overall
Trend
19%
16%
Documentation and Strategies for 200.850.d
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1.
2.
Must include a frequency for
every accommodation.
If “Other” or “As Needed” –
must describe on second page of
Form F
#3
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The IEP includes:
200.820.a Specific Special Education Services
Indicator
% in
Cohort 1
% in
Cohort 2
% in
Cohort 3
200.820.a
N/A
N/A
19%
Overall
Trend
15%
Documentation and Strategies for 200.820.a
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1. Describes the “specialized instruction in ______”
2. Must be related to the student’s disability
a) For SLD: reading decoding, written expression, organizational
skills, math calculation, etc.
b) For other eligibility categories: reading, functional academics,
organizational skills, etc.
3. Should not be a course subject or class
a) NO: Communication Arts, ELA, Study Skills, Resource Math, etc.
#4 (tie)
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200.810.b Measurable annual goals are written in
terms that are:





Specific to the skill or behavior to be achieved
Measurable
Attainable within the duration of the IEP
Results-oriented
Time-bound (generally within one year)
Indicator
% in
Cohort 1
% in
Cohort 2
% in
Cohort 3
200.810.b
13%
9%
17%
Overall
Trend
13%
Documentation and Strategies for 200.810.b
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Write SMART goals!
S = Specific (be very specific about the action)
M = Measureable (observable/ data can be collected to measure change)
A = Attainable (realistic and can be achieved within the duration of IEP)
R = Results Orieeted (what is outcome i.e. increase, decrease, or maintain
skill)
T = Time Bound (generally within one year)
#4 (tie)
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1400.50.b Each team member certifies in writing
whether the evaluation report reflects agreement
with the eligibility for a specific learning disability
Indicator
% in
Cohort 1
1400.50.b N/A
13%
NEW
% in
Cohort 2
N/A
% in
Cohort 3
N/A
Documentation and Strategies for 1400.50.b
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Have each of the
required team
members for SLD
eligibility
determination
indicate their
decision and either
sign or initial on
the page
documenting the
eligibility meeting
participants. Note
the parent is NOT
required to agree
or disagree nor
sign / initial
#5 (tie)
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The IEP includes:
200.800.a A measurable postsecondary goal (or
goals) that covers education or training, employment,
and, as needed, independent living.
Indicator
% in
Cohort 1
% in
Cohort 2
% in
Cohort 3
200.800.a
45%
29%
23%
Overall
Trend
12%
Documentation and Strategies for 200.800.a
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1. Document on Form C in the IEP – not on Annual Goals pages.
2. The goal MUST be measurable!
a) YES: “get”, “obtain”, “be employed as”, “work in”, etc.
b) NO: “seek”, “explore”, “pursue”, attempt”, “look into”, etc.
a) UNLESS there is further explanation
3. Follow this same pattern for measurable goals in the areas of
education or training, and independent living (if needed).
#5 (tie)
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200.880.a. For any child not participating 100% in the
regular education environment (K-12), the IEP must
include a description of the extent to which the
student will not participate and why full participation
is not appropriate.
Indicator
% in
Cohort 1
% in
Cohort 2
% in
Cohort 3
200.880.a
N/A
N/A
9%
Overall
Trend
12%
Documentation and Strategies for 200.880.a
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1. Be accurate with the % of time student is
educated in Regular Education setting – CWC / coteaching minutes are counted as Regular
Education minutes.
2. Explanation of “why” should be based upon the
impact of the student’s disability on access to the
general education curriculum.
#6
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200.200.a Parent is provided a copy of the initial
evaluation report within a reasonable amount of
time (generally 20 days)
Indicator
200.200.a
Overall
Trend
% in
Cohort 1
7%
11%
% in
Cohort 2
13%
% in
Cohort 3
9%
Documentation and Strategies for 200.200.a
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1. Document the date on the Evaluation Report.
2. Plan ahead to ensure all evaluation write-ups are
completed in a timely manner to allow Evaluation
Report to be provided to parent within 20 days of
eligibility determination meeting.
#7 (tie)
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The IEP includes goals that:
200.810.e. Are present for each special education
and related service (N/A for transportation as a
related service).
Indicator
200.810.e
Overall
Trend
% in
Cohort 1
13%
10%
% in
Cohort 2
15%
% in
Cohort 3
9%
Documentation and Strategies for 200.810.e
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1. Use the term “specialized
instruction in . . .”
2. Relate to the student’s
disability (e.g. “in reading
decoding” or organizational
skills”)
3. Don’t list subject areas (e.g.
ELA, science or social
studies)
#7 (tie)
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Content of the notification:
200.610.b. For students beginning not later than the
first IEP to be in effect when the child is 16,
postsecondary transition is stated as a purpose of the
meeting, at least annually or whenever postsecondary
transition is to be discussed at the IEP meeting.
Indicator
% in
Cohort 1
% in
Cohort 2
% in
Cohort 3
200.610.b
N/A
N/A
8%
Overall
Trend
10%
Documentation and Strategies for 200.610.b
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1. Be accurate with the % of time student is educated in
Regular Education setting – CWC / co-teaching minutes
are counted as Regular Education minutes.
2. Explanation of “why” should be based upon the impact of
the student’s disability on access to the general education
curriculum.
Be sure to mark this box for all students who are
16 or will be turning 16 between the begin / end
date of the IEP when conducting the annual
review/revision of the IEP
#8 (tie)
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200.90.a The NOA includes a description of the
areas of functioning to be assessed in the
evaluation
Indicator
200.90.a
% in
Cohort 1
N/A
9.5%
NEW
% in
Cohort 2
N/A
% in
Cohort 3
N/A
Documentation and Strategies for 200.90.a
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The NOA
includes a
reminder
Be sure to
indicate the
areas to be
assessed
during the
evaluation
AND attach to
the NOA
#8 (tie)
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200.480.a Documentation of the required
observation for ED, Autism, or SLD is included in
the reevaluation report
Indicator
% in
Cohort 1
200.480.a N/A
9.5%
NEW
% in
Cohort 2
N/A
% in
Cohort 3
N/A
*Observation Notes
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
Observations
 Made
by examiner during the testing process do
NOT fulfill the requirement
 May be part of the evaluation process for any other
categorical disability as well
 Must be in general education setting for initial
evaluations
 Can be in either general education or special
education setting for reevaluations
 For SLD may be conducted during routine
classroom instruction prior to the referral
Documentation and Strategies for 200.480.a
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The model Evaluation Report form includes a
reminder of the eligibility categories that require
an observation in order to make a determination
of eligibility.
#9
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200.90.b The NOA for initial evaluation includes
the name of tests or assessments (if known) that
will be used in the evaluation
Indicator
200.90.b
% in
Cohort 1
N/A
9%
NEW
% in
Cohort 2
N/A
% in
Cohort 3
N/A
Documentation and Strategies for 200.90.b
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The NOA
includes a
reminder
Be sure to
indicate any
known tests
or
assessments
that will be
given as part
of the
evaluation
AND attach to
the NOA
#10
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200.220.a Documentation of the required
observation for ED, Autism, or SLD is included in
the initial evaluation report
Indicator
% in
Cohort 1
200.220.a N/A
8%
NEW
% in
Cohort 2
N/A
% in
Cohort 3
N/A
*Observation Notes
(Again)
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
Observations
 Made
by examiner during the testing process do
NOT fulfill the requirement
 May be part of the evaluation process for any other
categorical disability as well
 Must be in general education setting for initial
evaluations
 Can be in either general education or special
education setting for reevaluations
 For SLD may be conducted during routine
classroom instruction prior to the referral
Documentation and Strategies for 200.220.a
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The model Evaluation Report form includes a
reminder of the eligibility categories that require
an observation in order to make a determination
of eligibility.
The Status of LAST Year’s Top 10. . .
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THEN
NOW Indicator #
Description
#1
#5
200.800.a
Measureable postsecondary goals
#2
#3
200.820.a
Special education services
#3
#4
200.810.b
SMART Goals
#3
#1
200.180
Eligibility within 60 days
#4
#11
200.1050.a Consent before providing
initial services
#4
#2
200.850.d
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Program accommodations
and modifications list
frequency
THEN
NOW Indicator #
Description
#5
#15
200.850.c
#6
#11
200.1050.a
#7
#14
200.940.a
#8
#6
200.200.a
#8
#7
200.810.e
Program accommodations
and modifications list
location
NOA provided and consent
obtained prior to providing
initial services
Description of how progress
will be monitored
Parent provided a copy of
the initial evaluation report
Goals are present for every
special education service
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THEN
NOW Indicator #
Description
#8
#5
200.880.a
Description/explanation of
why full participation in
general education is not
possible
#8
#7
200.810.e
Goals are present for
every special education
service
#9
#7
200.610.b
Post-secondary transition
listed as purpose of
meeting on the NOM
#10
#11
200.610.a
Parent informed of all
purposed of the IEP meeting
Trends and Implications . . .
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
The majority of noncompliance continues to be
in previously identified areas
 67%
of the TOP 10 Indicators from 2013-14 school
year were in the list again during the 2014-15
school year

Recommendations to address
 LEAs
need to train staff in these identified areas
 LEAs need to review their forms for proper
documentation in these identified areas
 LEAs need to develop procedures and practices
to check for compliance in these identified areas
TOP 10 PowerPoint will be posted on DESE webpage at:
https://dese.mo.gov/special-education/compliance/workshopspresentations
Questions . . .
Karen Allan
Director, SPED Compliance
573-751-4909
[email protected]
Betty McKinzie
Nancy Thomas
Assistant Director, SPED Compliance
Assistant Director, SPED Compliance
573-751-2332
[email protected]
573-522-1076
[email protected]
Thank you for participating!
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