Understanding Levels of Determination—Part B (CFR and 604) Improving Performance to Increase Positive Results Eugene R. Thompson, Education Program Specialist, BIE/DPA 2011 BIE Special Education Academy September 13-15, 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 BIE Special Education Academy September 13-15, 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 BIE Special Education Academy September 13-15, 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, 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, Tampa, Florida

What are the Specific Criteria? Indi- cator DescriptionTargetCriteriaData Source 3Statewide 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 Rates of suspension and expulsion HS-13.42% ES-3.28% HS rate should not exceed 13.42%; ES rate should not exceed 3.28% Table 5— discipline; for > 10 consecutive days. [OSS + ISS = __ ÷ #swd roster = % 2011 BIE Special Education Academy September 13-15, Tampa, Florida

What are the Specific Criteria? Indi- cator DescriptionTargetCriteriaData Source 5LRE placement A ≥ 80% with non- disabled peers, or B ≤ 40% with non- disabled peers 70.17% 7.37% Removal from nondisabled peers: A ≥ served ≥ 80% of time with nondisabled peers, or B ≤ 7.37 served ≤ 40% with nondisabled peers Special Education Statistical Detail Report (roster)— October 31 8Parental involvement (returned parent surveys) Yes/NoSchool returned parent surveys to Piedra Data Services by due date—May 7, 2010 School returned parent surveys to Piedra Data Services by May 7, BIE Special Education Academy September 13-15, Tampa, Florida

What are the Specific Criteria? Indi- cator DescriptionTargetCriteriaData Source 11Timely initial evaluations100%# of children whose evaluations were completed within 60- days Compliance monitoring, SY Timely correction of noncompliance Yes/NoSchool corrected any noncompliance issues within one-year or sooner following written notification and met all compliance requirements Compliance monitoring conducted during SY and corrected in SY BIE Special Education Academy September 13-15, Tampa, Florida

What are the Specific Criteria? Indi- cator DescriptionTargetCriteriaData Source 20Timely and accurate data100%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 Any audit findings -Lack of any audit -Finding with no correction & questionable costs -Finding with no correction & unjustified spending Results of A133 auditA133 audit 2011 BIE Special Education Academy September 13-15, Tampa, Florida

The BIE Picture (Based on SY data) 2011 Part B IDEA Determinations No. of Schools Percent Meets Requirements12472% Needs Assistance3420% NA2127% Needs Intervention32% Needs Substantial Intervention00% TOTAL BIE Special Education Academy September 13-15, Tampa, Florida

2011 Levels of Determination (based on SY data) ADD-NavajoMRNANA2NA3NA4NINI2NI3 Arizona Navajo Central Arizona Navajo North 1101 Arizona Navajo South 0402 NM Navajo Central NM Navajo North NM Navajo South TOTAL = (54%) 16 (27%) 09 (15%) 02 (3%)

2011 Levels of Determination (based on SY data) ADD--WestMRNANA2NA3NA4NINI2NI3NSI Arizona North 04 Arizona South 1001 Billings 0201 New Mexico North 06 New Mexico South Sacramento 04 Seattle 0802 TOTAL = (77%) 10 (19%) 02 (4%)

2011 Levels of Determination (based on SY data) ADD—EastMRNANA2NA3NINI2NI3 Cheyenne River 04 Crow Creek-Lower Brule 06 Minneapolis 0902 Oklahoma 03 Pine Ridge Rosebud 02 South & Eastern 1303 Standing Rock 0401 Turtle Mountain 0701 TOTAL = (84%) 08 (13%) 01 (2%) 01 (2%)

Indicators That Were Problematic (Source: 2011 Determinations) SPP IndicatorBIETCSTotal Indicator 3—Statewide assessment62127 (13%) Indicator 4—Rates of suspension/expulsion42428 (14%) Indicator 5—LRE placement (15%) Indicator 8—Parental involvement91827 (13%) Indicator 11—Timely Initial evaluations134 (2%) Indicator 15—Timely correction of noncompliance (35%) Indicator 20—Timely and accurate data reporting31114 (7%) Any audit findings000 TOTAL BIE Special Education Academy September 13-15, 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, 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, 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, Tampa, Florida

SY 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, Tampa, Florida

Continuous Improvement 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, Tampa, Florida

Looking Forward SY data for 2012 APR and level of determination SY data for 2013 APR and level of determination On-site focused monitoring visits to 58 schools— SY 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, Tampa, Florida

Thank You Dr. Eugene R. Thompson office mobile 2011 BIE Special Education Academy September 13-15, Tampa, Florida