Intensive Technical AssistanceSchools Identified with Continued Findings of

Noncompliance for SY 2008-2009

March 10, 2011

2008-2009 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

Identification

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 2008-2009 Brief OverviewIdentification

On-site Compliance Monitoring of special education programs at 173 schools for compliance with IDEA 2004 138 schools identified with findings of

noncompliance Written Notification of Findings of

Noncompliance provided to school on-site at the exit meeting

Brief Overview (cont.)CorrectionsEach 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 notification1. Correct each individual item of

noncompliance*2. Correctly implement the regulatory

requirements of IDEA 2004*

(*OSEP 09-02 memo/FAQ document)

According to OSEPCorrection is as follows:(OSEP 09-02 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 2004

34 schools had corrected individual items of noncompliance, the schools were not implementing the specific regulatory requirements of IDEA 2004

20 Tribally-Controlled schools 14 BIE-Operated schools

To Ensure Correction, BIE/DPA will:Review updated data

Comparison of 2008-2009 Compliance Monitoring categorical findings to 2009-2010 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 AssistanceThree required webinars:March 10, 2011—Identification/Correction

of NoncomplianceMarch 17, 2011—Root Cause AnalysisMarch 24, 2011—TA on high need areas

Referral and Evaluation Assessment Procedures Participants on IEP Team IEP Content Transition Services

What’s NextSampling review of current NASIS

special education module student IEP files during the week of April 18thStudent 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 AddressRoot Cause Analysis of Findings of

NoncomplianceProblem-solving method to correct

noncompliance findings. March 17 Webinar

NASIS special education moduleScan and upload of IEP files and supporting

documentation NASIS Special Education Process Guide

Locking past and current IEPs NASIS Special Education Process Guide