1. Systemic Issues of Noncompliance Statewide
FALL 2009

2. Noncompliance: How Determined?
Monitoring
At your meeting in September, information was shared with you regarding statewide areas of systematic noncompliance and that these were determined through the monitoring process, due process hearings and complaint investigations.
Evaluation Steering Committee
This information was obtained through monitoring data for Indicator 7, 11, 12 , 13 and 15, mediations, due process hearings and TEA Complaints.
Our discussion will include what the problem is, what is being seen and what resources are out there.
Complaint Investigation
Due
Process
Hearing

3. IEP not having all required components appropriately
Issue # 1
“Missing IEP Target”
IEP not having all required components appropriately
documented
Components of IEP missing or completely inadequately.
Areas of non-compliance include PLAAFP – all areas of academic and functional performance were not covered adequately or at all.
Assessment was not addressed appropriately, annual goals were not measurable
Review section 1 on handout
Stress examples of compliance
Ask tables to add other examples.

4. Provision of services by certified personnel
Issue # 2
Provision of services by certified personnel
Issues:
Special Education teacher not certified, not HQ
General Ed teachers not certified in subject teaching
Paraprofessionals not certified
Review section 2 of handout
Ask tables to generate other examples of compliance

5. Issue # 3 Meaningful Parent participation in ARD meetings
Refer to Section 3 of Handout:
Notice
Parental concerns
Decisions
Disagreements
Complaints and Due Process Hearings
Present proposals/ideas/drafts as options for discussion rather than absolutes
Drafts intended as preliminary recommendations for review and to help parents prepare for discussion
Parent participation in ARD meetings

6. Issue # 3- What is Meaningful Parent Participation?
More than perfunctory compliance
More than the letter of the law; rather the intent of the law
Refer to Section 3 of Handout for examples of compliance.
Generate other examples as a large group.
At the core:
More than Perfunctory– A Good Faith Effort

7. Issue # 4 “Outside, Looking In”
Refer to Section 4 of Handout:
Eligibility determination
IEP development
Revocation
Complaints and DPH
See Examples of Compliance
Generate others
Parents afforded the opportunity for meaningful participation in eligibility determination and development of the IEP

8. Issue # 5 IEP not calculated to provide educational benefit
Education Benefit (Rowley & Cypress):
Individualized based on performance and need;
Administered in LRE;
Provided in collaborative and coordinated manner with all stakeholders
Positive benefits demonstrated both academically and non-academically
Cannot be mere modicum or de minimus. It must be likely to produce progress (in general curriculum), not regression or trivial educational advancement
IEP and assessment must be aligned with present levels.
Goals, objectives and progress reports must be aligned with present levels.
See handout, Section 5
Review examples of compliance
Add other examples.

9. IEP not implemented as written
Issue # 6
“Broken Promises”
IEP not implemented as written
Education Benefit (Rowley & Cypress):
Individualized based on performance and need;
Administered in LRE;
Provided in collaborative and coordinated manner with all stakeholders
Positive benefits demonstrated both academically and non-academically
Cannot be mere modicum or de minimus. It must be likely to produce progress (in general curriculum), not regression or trivial educational advancement
IEP and assessment must be aligned with present levels.
Goals, objectives and progress reports must be aligned with present levels.
See handout, Section 5
Review examples of compliance
Add other examples.

10. Patterns of service and LRE
Issue # 7
Patterns of service and LRE
Use Data to Determine Placement
Provide
Continuum of Services
See handout, Section 6
Review examples of compliance
Add other examples.

11. Equal Partners
Meaningful =
Full Discussion