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What do the Federal Regulations Require?. The federal regulations have been revised to include a number of new systems/reports that are intended to drive.

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Presentation on theme: "What do the Federal Regulations Require?. The federal regulations have been revised to include a number of new systems/reports that are intended to drive."— Presentation transcript:

1 What do the Federal Regulations Require?

2 The federal regulations have been revised to include a number of new systems/reports that are intended to drive improvement planning and public reporting of results: Compliance Monitoring State Performance Plan Annual Performance Reports State & District Determinations Public Reporting

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5 Beginning in 2005, each State had to develop a State Performance Plan the details how the State will implement the requirements of the IDEA and how the State will measure improvement. The State Performance Plan must be submitted to the Federal Office of Special Education Programs for review and approval

6 The SPP is a roadmap for Nebraskas special education compliance and improvement efforts The SPP includes baseline data and improvement plans in each area required by OSEP the State Performance Plan must be revised at least once every 6 years.

7 OSEP has established Indicators in those areas most likely to impact student learning Each Indicator includes: Statement of the Indicator Data Sources Measurement Description of the system Baseline data Measurable and rigorous target Improvement activities and timelines Resources

8 GraduationDropout AssessmentSuspension/expulsion LREPreschool settings Preschool outcomesParent Involvement DisproportionalityChild find Transition C to BSecondary Transition Goals Post School OutcomesCorrection of Noncompliance ComplaintsMediation Due ProcessResolution Meetings Timely/Accurate Data

9 The SPP must be established through stakeholder input: Current targets must be reviewed Current activities and resources can be reviewed State plan must be reviewed and revised in 2011 Districts should be aware of the priorities and activities established in the State Performance Plan for use when establishing local priorities and activities.

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11 The requirement of a performance report is not new to IDEA Became much more complex in the 1997 with addition of State Performance Plan Must report annually on the progress being made in each of the Indicators contained in the State Performance Plan

12 The format looks very much like the State Performance Plan Must report on the states current level of performance Did the state hit the target? Was there improvement or slippage from last year? What activities did the state complete What was the impact of the activities Is there any need to revise the State Performance Plan

13 Report includes aggregated statewide data – not district specific data Most of the data is drawn from ILCD The Annual Performance report is a good barometer of whether the state is on track for meeting the targets established in the State Performance Plan

14 Annual Performance Report is submitted to OSEP in February OSEP uses the information in the APR to determine the States level of Performance (Determination)

15 OSEP also aggregates the information contained in all of the States APRs and reports to Congress on improvement activities being implemented as part of the Individuals with Disabilities Education Act Reporting to Congress is facilitated by requiring each state to use the same format for submitting their APR

16 The Annual Performance Report will give Districts a good idea of the activities that have happened in Nebraska during the previous year. Districts should carefully review the report to determine whether revisions are necessary to the State Performance Plan – i.e. should the targets be revised, should activities be included or deleted etc.

17 State Performance PlanAnnual Performance Report Six Year PlanOne Year Report Plans for the futureReports on the past activities Establishes State targetsReports on progress or slippage in meeting the targets Required for Parts B and C Public Document Used to make decisions on States performance (Determinations)

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19 The Federal Regulations require NDE to publicly report on districts progress in meeting the targets established in the State Performance Plan The report must be made within 120 days of NDEs submission of the Annual Performance Report Reports must be made available on NDEs website

20 Annually report to the public the districts performance on the targets Graduation-Suspension/Expulsion Dropout-LRE Assessment-Parent Involvement Childfind-Transition from C to B Disproportionality-Secondary Transition

21 The report must include the most recent data available on a district NDE is not required to report to the public any information: Which would result in the disclosure of personally identifiable information about individual children or Where the available data are insufficient to yield statistically reliable information

22 Districts should be aware that public reporting is happening Districts should review the public reports for their region Districts should be able to respond to questions from the public regarding the data which is reported

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24 Annually OSEP places states in one of four categories: Meets Requirements Needs Assistance Needs Intervention Needs Substantial Intervention

25 OSEP looks at Compliance Indicators and timely submission of data Part B – Needs Assistance Part C – Meets Requirements

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27 The state must make determinations annually about the performance of each LEA using the categories in (b)(1) Meets Requirements Needs Assistance Needs Intervention Needs Substantial intervention

28 The purpose of the District Determination is: to focus scarce resources on those districts most in need of assistance; and Improve results for students through implementation of enforcement actions

29 Used specific data points in isolation Performance on compliance indicators Timely submission of data Correction of compliance within one year Significant audit findings Using this system NDE identified 9 districts in the category of Needs Assistance This process lead to false positives

30 Federal Regulations require states to use quantifiable and qualitative indicators as are needed to adequately measure district performance in: 1.The priority areas and; 2.The indicators in the State Performance Plan.

31 1) Priority Areas include: Provision of FAPE in the LRE State exercise of general supervision Disproportionate Representation of racial and ethnic groups to the extent the representation is a result of inappropriate identification.

32 2) Indicators in State Performance Plan GraduationDrop out Statewide AssessmentSuspension/Expulsion LRE PlacementParent Involvement Preschool SettingsPreschool Outcomes *Disproportionate Representation in Special Education *Disproportionate Representation in Disability Categories *Child Find*Transition from Part C to Part B *Secondary TransitionPost-School Outcomes *Correction of noncomplianceTimely/Accurate Data

33 NDE is revising the process used for making district determinations Moving from a system which looks at only a few indicators to a system which takes into account all of the indicators

34 As part of the District Determination process states must have an enforcement process As districts performance on the targets decreases, the States intervention increases If a districts performance is poor for an extended period of time, the State is required to take actions regarding districts funds.

35 Matches up to the base, minimal condition or capability needed to achieve an objective that must be met or possessed

36 If the district is in the category of Meets Requirements no action is required.

37 Synonyms for "assistance ": aid, assist, backing, balm, benefit, comfort, ease, help, lift, ministration, protection, reinforcement, relief, remedy, rescue, restorative, service, support, upholding,

38 State is Required to take one or more of the following actions : Advise district of available sources of Technical Assistance; and/or Identify the district as a high-risk grantee and impose special conditions on the districts federal IDEA funds

39 Synonyms for "intervention": Encroachment, imposition, infiltration, infringement, injection, interference, interjection, intrusion, invasion, stepping in, trespass,

40 State is Required to take one or more of the following actions: Require the district to prepare a corrective action plan or improvement plan; and/or Withhold (in whole or in part) any further federal funds made available under IDEA

41 Needing extensive and significant intersession or involvement of outside sources to achieve the required standards.

42 If a district is found to be in need of substantial intervention, the State is required to: Withhold (in whole or in part) any further payments of federal funds made available under Part B of the IDEA

43 State DeterminationDistrict Determinations Determination made by OSEPDetermination made by NDE Must be publicly reportedNo requirement for public reporting Information obtained from the APRInformation obtained from ILCD Categories established in Federal Regulations Determination uses compliance indicators from APR and looks at the timely and accurate submission of data Determination uses all of the indicators; compliance and performance indicators as well as audit findings and timely/accurate data submission Federal Regulations include sanctions for all states except those that Meet Requirements Federal Regulations include sanctions for all districts except those that Meet Requirements

44 Public ReportingDistrict Determinations Federal Requirement Report of district data compared to the State Performance Plan target Determined using district level data compared to the SPP target and district improvement Must be made public - websiteNot required to publicly report Intended for transparency – informational Intended to assist in focusing resources and drive improvement Results in enforcement action/corrective action

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46 Attempt to have approximately the same number of schools in each category as previous years Avoid false positives Make sure the category is descriptive of the group of schools contained within it

47 Review of District Data and Proposed Categories!


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