Special Education

Leadership Meeting

November 30, 2010

An Update on Special Education Compliance Monitoring

Jennifer L. Kline, Esq.

Education Associate

Procedural Safeguards & Monitoring

Compliance Monitoring Reports Will Be Issued to LEAs in December

Reports Will Be Provided to LEAs Electronically (Excel-based) and in Paper Format

All Questions and Reports of Corrections Should Be Directed to the DOE Contacts Listed on First Page of Report

On or Before June 1, 2011, LEAs Must:

(1) Correct All Noncompliance at the Student and LEA Level, as Applicable

(2) Submit to the DOE Evidence of Correction for Individual Student Level Noncompliance

(3) Complete, Sign, and Submit the Monitoring Report to the DOE

Student Level Corrective Action

All Individual Student Level Noncompliance Must Be Corrected

When? As soon as possible please, but no later than June 1, 2011

Student Level Corrective Action

Correction Is Not Required If:

(1) Student Is No Longer Enrolled in the LEA

(2) Student No Longer Receives Special Education Services

(3) Student No Longer in School Due to Graduation, for example

Student Level Corrective Action

And, Remember, the State Selected Just Goal #1 For Compliance Monitoring In Each Student IEP

So, Findings of Noncompliance For Measurability of Annual IEP Goals (Item # IEP 26) Apply to Goal #1

LEA Level Corrective Action

LEA Level Corrective Action Must Occur if Noncompliance for A Particular Item is Less than 95%

The LEA Should Conduct a “Root Cause” Analysis and Design Steps to Correct the Noncompliance Within the LEA Based on the “Root” of the Problem

LEA Level Corrective Action

At a Minimum, the State is Requiring Training to Occur Within the LEA

But.. the LEA Can Do More As Needed

Why? The LEA Is Responsible for Ensuring Staff Are Adequately Trained and Properly Implementing the Regulations

LEA Level Corrective Action

LEAs Can Implement Corrective Actions to Include:

Self-Audits and Review of Student Records

Review of Compliance Data By Teacher/School and Requirement of Specific Staff Trainings

Review of Policies and Practices At LEA and School Levels

LEA Level Corrective Action

Discuss LEA Corrective Action Plans and Technical Assistance Options With Your DOE Contacts

LEA Level Corrective Action

On or Before June 1, 2011, Report All LEA Corrective Action Steps to the DOE in the Monitoring Report Through a Narrative Description

The DOE Will Ask for “Evidence” of Corrective Action Steps If Needed

State Verification Activities

After June 1, 2011, the State Will Begin to Review Additional Student Records for Compliance Verification

The Number of Additional Records Will Depend Upon the % Level of Noncompliance and Other Factors

And One More Note….

Item # 23 on the State’s File Review Protocol Relates to the Requirement IEPs Contain A Statement of the Frequency, Duration, and Location of Services and Modifications

Item #23 Was Removed from the State’s Monitoring Activities This Year

No Compliance Findings Were Made For Item #23