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

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 I dentification 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 Brief Overview  Identification On-site Compliance Monitoring of special education programs at 173 schools for compliance with IDEA 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 memo/FAQ document)

According to OSEP Correction is as follows: (OSEP 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 schools had corrected individual items of noncompliance, the schools were not implementing the specific regulatory requirements of IDEA Tribally-Controlled schools 14 BIE-Operated schools

To Ensure Correction, BIE/DPA will: Review updated data Comparison of Compliance Monitoring categorical findings to 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