1 Determinations EI/ECSE SPR&I Training ODE Fall 2007

2 Federal law 34 CFR Requires ODE to determine each EI/ECSE program’s performance in meeting the requirements of IDEA on a yearly basis Requires ODE to determine each EI/ECSE program’s performance in meeting the requirements of IDEA on a yearly basis Requires ODE to measure performance in priority areas established by OSEP in the State Performance Plan (SPP) Requires ODE to measure performance in priority areas established by OSEP in the State Performance Plan (SPP) Does not require ODE to publicly report determinations Does not require ODE to publicly report determinations

3 Determinations: Based on ODE review of local data collection, analysis and reporting of : Procedural compliance indicators established by the SPP Procedural compliance indicators established by the SPP Valid, reliable and timely data Valid, reliable and timely data Correction of any identified noncompliance Correction of any identified noncompliance

4 Performance Determinations Meets the requirements Meets the requirements Needs assistance meeting the requirements Needs assistance meeting the requirements Needs intervention meeting the requirements Needs intervention meeting the requirements Needs substantial intervention meeting the requirements Needs substantial intervention meeting the requirements

5 Meets the Requirements All procedural compliance indicators are ≥ to 95% All procedural compliance indicators are ≥ to 95% All procedural noncompliance is corrected at ≥ 95% within at least one year All procedural noncompliance is corrected at ≥ 95% within at least one year All procedural compliance data is reported timely and accurately

6 Meets Requirements: What does that mean? Continue meeting procedural compliance indicators at ≥ 95% Continue meeting procedural compliance indicators at ≥ 95% Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Provide evidence of correction of non- compliance to ODE Provide evidence of correction of non- compliance to ODE

7 Needs Assistance Procedural compliance indicators are 50% Procedural compliance indicators are 50% All procedural noncompliance is corrected at 50% All procedural noncompliance is corrected at 50% Procedural compliance data is not reported timely and accurately

8 Needs Assistance: What does that mean? Meet procedural compliance indicators at ≥ 95% Meet procedural compliance indicators at ≥ 95% Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Provide evidence of correction of non- compliance to ODE ASAP Provide evidence of correction of non- compliance to ODE ASAP

9 Needs Intervention Procedural compliance indicators are ≤ 50% Procedural compliance indicators are ≤ 50% All procedural noncompliance is corrected at ≤ 50% All procedural noncompliance is corrected at ≤ 50%

10 Needs Intervention: What does that mean? Meet procedural compliance indicators at ≥ 95% Meet procedural compliance indicators at ≥ 95% Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Correct ALL procedural non compliance ASAP (for individual children when possible and systemic correction) Provide evidence of correction of non- compliance to ODE ASAP (work with ODE liaison to develop improvement strategies and schedule of reporting progress in correcting noncompliance) Provide evidence of correction of non- compliance to ODE ASAP (work with ODE liaison to develop improvement strategies and schedule of reporting progress in correcting noncompliance)

11 Key Performance Indicators Not used this year in the determination rubric Not used this year in the determination rubric Will be used next year and in subsequent years Will be used next year and in subsequent years

12 Review Determinations Guidance Document Determinations Guidance Document Determinations Status and Findings Notification Determinations Status and Findings Notification EI/ECSE Program Determinations Summary Reports EI/ECSE Program Determinations Summary Reports Program list of standards in compliance, second year noncompliance or new noncompliance Program list of standards in compliance, second year noncompliance or new noncompliance

13 Show forms (hidden slide) Summary Report Summary Report Program list of noncompliance/compliance Program list of noncompliance/compliance

14 Correction 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 meeting; Including the correct personnel at an IFSP meeting; Evaluating a child eligible for EI services in all areas of development. Evaluating a child eligible for EI services in all areas of development.

15 Correction of Noncompliance Systemic correction Systemic correction Example: Example: Providing prior written notice of evaluation that containing the correct content. File review showed systemic noncompliance. Providing prior written notice of evaluation that containing the correct content. File review showed systemic noncompliance. Correction was development of a new form and staff training to use the new form. Correction was development of a new form and staff training to use the new form. Documentation of correction: File reviews following training with children entering the program. Documentation of correction: File reviews following training with children entering the program.

16 Timelines for Correction of Noncompliance Second Year Noncompliance: Second Year Noncompliance: Correct ASAP; Correct ASAP; Show evidence of correction; Show evidence of correction; Set timeline for correction with county contact. Set timeline for correction with county contact.

17 Example 1 “If EI services not provided in the natural environment, a justification is provided” “If EI services not provided in the natural environment, a justification is provided” File review data showed that 4/5 of the files reviewed did not have an appropriate justification statement. File review data showed that 4/5 of the files reviewed did not have an appropriate justification statement. Correction of individual child files (reconvene IFSP team and complete the IFSP justification statement); Correction of individual child files (reconvene IFSP team and complete the IFSP justification statement); Training with staff; Training with staff; Conduct file reviews of “new” IFSPs completed after the training; Conduct file reviews of “new” IFSPs completed after the training; Submit the new data to ODE. Submit the new data to ODE.

18 Example 2 “A transition conference occurs at least 90 days prior to the child's third birthday” “A transition conference occurs at least 90 days prior to the child's third birthday” File review showed that conferences occurred but not within the timeline (3/3). File review showed that conferences occurred but not within the timeline (3/3). Correction: Staff training and implementation of a computer “tickler system” to remind staff of upcoming timelines. Correction: Staff training and implementation of a computer “tickler system” to remind staff of upcoming timelines. Conduct file reviews of “new” IFSPs completed after the corrections. Conduct file reviews of “new” IFSPs completed after the corrections. Submit the new file review data to ODE. Submit the new file review data to ODE.

19 Example 3 “Procedural safeguards made available to parents upon initial referral for evaluation” “Procedural safeguards made available to parents upon initial referral for evaluation” File review showed no documentation that procedural safeguards were provided to parents upon initial referral for evaluation (8/8) File review showed no documentation that procedural safeguards were provided to parents upon initial referral for evaluation (8/8) Ensure that all parents of children receiving services have a copy of procedural safeguards; Ensure that all parents of children receiving services have a copy of procedural safeguards; Review program procedures and process to find out why parents were not receiving procedural safeguards or if there was no documentation that procedural safeguards were provided. Correct procedure and process. Review program procedures and process to find out why parents were not receiving procedural safeguards or if there was no documentation that procedural safeguards were provided. Correct procedure and process. Conduct file reviews of children entering the program after the corrections; Conduct file reviews of children entering the program after the corrections; Submit the new process and new data to ODE. Submit the new process and new data to ODE.

20 Example 4 “A copy of the evaluation/eligibility report is given to the parents” “A copy of the evaluation/eligibility report is given to the parents” File review showed that of 10 files reviewed one did not indicate that the parents received a copy of the report. File review showed that of 10 files reviewed one did not indicate that the parents received a copy 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 anomaly; Additional file reviews indicate this was an anomaly; Send evidence of individual file correction to ODE. Send evidence of individual file correction to ODE.

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