Welcome to the Regional SPR&I trainings Be sure to sign in Be sure to sign in You should have one school age OR EI/ECSE packet of handouts You should have one school age OR EI/ECSE packet of handouts School age and EI/ECSE will break out after introductions School age and EI/ECSE will break out after introductions Lots of information to cover in one day so breaks and lunch will need to be held to time allowed Lots of information to cover in one day so breaks and lunch will need to be held to time allowed PDU Certificates will be handed out at the end of the day PDU Certificates will be handed out at the end of the day

School Age Agenda: Final Determinations Final Determinations General Supervision: System and procedural changes General Supervision: System and procedural changes B5 LRE: Process, data analysis & improvement planning B5 LRE: Process, data analysis & improvement planning 79 districts flagged due to data 79 districts flagged due to data B4, 9 & 10 disproportionality: Process, data analysis & improvement planning B4, 9 & 10 disproportionality: Process, data analysis & improvement planning 52 districts B4 52 districts B4 4 districts B9 only, 4 districts B9 only, 40 districts B10, 40 districts B10, 9 districts both B9 and 10 9 districts both B9 and 10

Agenda continued Transition B13 Transition B13 PCR B15: Process PCR B15: Process New review form New review form Corrective action document Corrective action document Individual versus systemic noncompliance Individual versus systemic noncompliance Technical assistance, district team support Technical assistance, district team support

Packets: Color coded by section Color coded by section Follows agenda Follows agenda Slides refer to handouts Slides refer to handouts Additional resources included after training evaluation document Additional resources included after training evaluation document

Final Determinations FFY SPR&I Training

Oregon: From “Meets Requirements” to “Needs Assistance” Why? Why? B % of ( ) noncompliance corrected within one year B % of ( ) noncompliance corrected within one year B % B % B4 - Two tier process “worksheet” required revision by OSEP and identification of 38 districts with a significant discrepancy showed slippage B4 - Two tier process “worksheet” required revision by OSEP and identification of 38 districts with a significant discrepancy showed slippage

OSEP Requirements of States States are required to make “Determinations” annually on the performance of LEAs/EIS programs [IDEA 616(d) relates to determinations; 616(e) relates to enforcement actions] States must use the same four categories as OSEP in making Determinations of the status of local programs. These categories are:  Meets Requirements  Needs Assistance  Needs Intervention  Needs Substantial Intervention

States must consider…  Performance on compliance indicators  Part B: 9, 10, 11, 12, 13  Whether data submitted by LEAs are valid, reliable, and timely;  Uncorrected noncompliance from other sources (file reviews, legal findings); and  Any audit findings OSEP Requirements of States [cont.]

Issues for States to Consider Ensuring fairness, equity, and transparency Ensuring fairness, equity, and transparency Deciding the criteria to be used Deciding the criteria to be used Involving stakeholders Involving stakeholders Deciding if Determinations will be reported publicly Deciding if Determinations will be reported publicly Determining an appeals policy Determining an appeals policy Determining how State resources will be allocated for each of the Determinations categories Determining how State resources will be allocated for each of the Determinations categories

General Supervision Timeline Feb 2008: ODE submitted FFY 2006 APR to OSEP including: Feb 2008: ODE submitted FFY 2006 APR to OSEP including: PCR including second year noncompliance ( ) that was still uncorrected PCR including second year noncompliance ( ) that was still uncorrected *KPI data *KPI data April 2008: ODE publicly reported district/program performance in special education report card April 2008: ODE publicly reported district/program performance in special education report card

General Supervision Timeline April 2008: Districts submitted PCR data April 2008: Districts submitted PCR data Targeted file review consisted of 11 standards of general supervision, and previous noncompliance from Targeted file review consisted of 11 standards of general supervision, and previous noncompliance from Districts also submitted worksheet analysis on B3 Assessment Districts also submitted worksheet analysis on B3 Assessment May – August 15th 2008: County Contacts collected evidence of correction for: May – August 15th 2008: County Contacts collected evidence of correction for: Any remaining second year noncompliance from Any remaining second year noncompliance from First year noncompliance from First year noncompliance from Newly identified noncompliance from if districts were able to correct it or corrected it at the time of submission Newly identified noncompliance from if districts were able to correct it or corrected it at the time of submission

How Oregon Calculated Final Determinations for FFY 2006 Noncompliance identified in that was not corrected within one year Noncompliance identified in that was not corrected within one year All districts/programs got to 100% compliance for 05-06!!! All districts/programs got to 100% compliance for 05-06!!! Compliance Indicators B9, 10, 11 & 13 Compliance Indicators B9, 10, 11 & 13 B9 & 10 – Disproportionality B9 & 10 – Disproportionality B11: Child Find B11: Child Find B13: Transition goals and services B13: Transition goals and services Timely and accurate submission of data Timely and accurate submission of data SECC SECC Special Education Exit Special Education Exit Child Find Child Find

Final Determinations Matrix Meets Requirements: Meets Requirements: 95% or better correction of noncompliance across PCR and compliance indicators (100% for 9 & 10) 95% or better correction of noncompliance across PCR and compliance indicators (100% for 9 & 10) If less than 95% in one, at least 90% If less than 95% in one, at least 90% Timely and Accurate: 2 out of 3, no single collection both untimely and inaccurate Timely and Accurate: 2 out of 3, no single collection both untimely and inaccurate Needs Assistance: Needs Assistance: Between 50-94% correction of noncompliance across PCR and compliance indicators (100% for 9 & 10) Between 50-94% correction of noncompliance across PCR and compliance indicators (100% for 9 & 10) Timely and Accurate: 1 out of 3, no single collection both untimely and inaccurate Timely and Accurate: 1 out of 3, no single collection both untimely and inaccurate Needs Intervention: Needs Intervention: Less than 50% correction of noncompliance for PCR or any compliance indicator (noncompliance with 9 or 10) Less than 50% correction of noncompliance for PCR or any compliance indicator (noncompliance with 9 or 10) All 3 collections untimely or inaccurate, or any single collection both untimely and inaccurate All 3 collections untimely or inaccurate, or any single collection both untimely and inaccurate

Looking at Correction of Noncompliance for B11 ODE started with Child find data districts submitted for ODE started with Child find data districts submitted for If less than 95%, looked at submission for improvement or slippage If less than 95%, looked at submission for improvement or slippage Used % change from to to determine the number of evaluations in compliance (from June 08 going back) out of number of evaluations completed (07- 08) Used % change from to to determine the number of evaluations in compliance (from June 08 going back) out of number of evaluations completed (07- 08) If district met the number of evals needed, evidence of correction was provided and 100% stated on determination summary If district met the number of evals needed, evidence of correction was provided and 100% stated on determination summary If district did not meet the number of evaluations needed, original compliance % was used for final determinations If district did not meet the number of evaluations needed, original compliance % was used for final determinations

Looking at Correction of Noncompliance for B13 ODE started with PCR review of transition standards from ODE started with PCR review of transition standards from These 3 standards require individual files to be corrected These 3 standards require individual files to be corrected Districts that sent in evidence that individual files are corrected by August 15 th received credit for correction to 100% for this indicator Districts that sent in evidence that individual files are corrected by August 15 th received credit for correction to 100% for this indicator New PCR review process (student by student) will allow for more transition standards to be monitored, and assist with tracking individual file corrections New PCR review process (student by student) will allow for more transition standards to be monitored, and assist with tracking individual file corrections

Determination Packets ODE Guidance ODE Guidance Determinations Rubric Determinations Rubric Notifications and Standards Identification Notifications and Standards Identification District Summary Sheet District Summary Sheet

Meets Requirements-Enforcement Actions (Each year ODE determines that a district Meets Requirements it will consider taking one or more of the following actions) ODE determines district has met all requirements and no further action is required; ODE determines district has met all requirements and no further action is required; ODE offers technical assistance at the request of the district; or ODE offers technical assistance at the request of the district; or ODE identifies district as in need of support in implementing the requirements within the timelines, which may include, but is not limited to, focused monitoring activities. ODE identifies district as in need of support in implementing the requirements within the timelines, which may include, but is not limited to, focused monitoring activities. ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B

Needs Assistance-Enforcement Actions (After 2 consecutive years the ODE is required to take one or more of the following enforcement actions) Advises the district of available technical assistance to address the areas in which it needs assistance Advises the district of available technical assistance to address the areas in which it needs assistance Direct the use of district - level funds under section 611(e) of the Act on the area or areas in which the State needs assistance. Direct the use of district - level funds under section 611(e) of the Act on the area or areas in which the State needs assistance. Prohibit the district from reducing the district’s/program’s maintenance of effort under 34 CFR § for any fiscal year Prohibit the district from reducing the district’s/program’s maintenance of effort under 34 CFR § for any fiscal year Identify the district as a high-risk grantee and impose special conditions on the district’s grant under Part B of the Act. [34 CFR (a)] [20 U.S.C. 1416(e)(1)] Identify the district as a high-risk grantee and impose special conditions on the district’s grant under Part B of the Act. [34 CFR (a)] [20 U.S.C. 1416(e)(1)] ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B

NA II:  ODE will be contacting the districts to set up a meeting to formalize NAII status and required follow up  Advise districts of available sources of technical assistance to address areas on which the district needs assistance

Needs Intervention-Enforcement Actions (After 3 consecutive years the ODE is required to take one or more of the following enforcement actions) The ODE may take any of the actions described in 34 CFR (a) (Needs Assistance). The ODE may take any of the actions described in 34 CFR (a) (Needs Assistance). Requires the district to prepare a corrective action plan or improvement plan. Requires the district to prepare a corrective action plan or improvement plan. For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the district’s funds under section 611(e) of the Act, until the ODE determines the district has sufficiently addressed the areas in which the district/program needs intervention. For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the district’s funds under section 611(e) of the Act, until the ODE determines the district has sufficiently addressed the areas in which the district/program needs intervention. Seek to recover funds under section 452 of GEPA. Seek to recover funds under section 452 of GEPA. Withhold, in whole or in part, any further payments to the district under Part B of the Act. [34 CFR (b)] [20 U.S.C. 1416(e)(2)] Withhold, in whole or in part, any further payments to the district under Part B of the Act. [34 CFR (b)] [20 U.S.C. 1416(e)(2)] ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of Part B

Needs Substantial Intervention  ODE reserves the right to identify a district as Needs Substantial Intervention if its substantial failure to comply significantly affected the core requirements of the program, such as the delivery of services to children with disabilities or the district’s exercise of general supervision, or if the district informed the ODE it was unwilling to comply.

Maintenance of Effort (MOE) If an SEA determines that an LEA is not meeting the requirements of Part B of the Act, including the targets in the SPP, the SEA must prohibit the LEA from reducing the LEA’s maintenance of effort under 34 CFR § for any fiscal year

How do we “measure” the one year timeline for correction? When the ODE notifies the district in writing of the noncompliance When the ODE notifies the district in writing of the noncompliance When the ODE notifies the district and documents in writing that the noncompliance is corrected When the ODE notifies the district and documents in writing that the noncompliance is corrected This occurs in August with Final Determinations information This occurs in August with Final Determinations information

Timing of enforcements actions Are enforcement actions sequential? Are enforcement actions sequential? No, the enforcement actions are not sequential No, the enforcement actions are not sequential Must ODE wait two (needs assistance) or three (needs intervention) years before taking enforcement action? Must ODE wait two (needs assistance) or three (needs intervention) years before taking enforcement action? Under section 616(g) of the Act, the ODE may at any time utilize any authority under the General Education Provisions Act (GEPA) to monitor and enforce the requirements of IDEA, regardless of the determinations made of the district’s/program’s status under section 616(d) of the Act. Under section 616(g) of the Act, the ODE may at any time utilize any authority under the General Education Provisions Act (GEPA) to monitor and enforce the requirements of IDEA, regardless of the determinations made of the district’s/program’s status under section 616(d) of the Act.

FFY 2005 Determination Distribution 10 districts 10 districts 5% 5% 71 districts 71 districts 35% 35% 119 districts 119 districts 60% 60%

FFY 2006 Determination Distribution 2 districts 2 districts 1% 1% 13 districts 13 districts 7% 7% 181 districts 181 districts 92% 92%

What are ODE’s expectations for districts? Develop and sustain a system that allows you to: Develop and sustain a system that allows you to: Identify noncompliance Identify noncompliance Correct noncompliance at individual and systemic levels Correct noncompliance at individual and systemic levels Improve the process and system to ensure desired outcomes Improve the process and system to ensure desired outcomes

ODE On-going Oversight Will continue to focus on performance and compliance Will continue to focus on performance and compliance Will primarily identify districts for focused monitoring by looking at continued noncompliance and performance against the targets Will primarily identify districts for focused monitoring by looking at continued noncompliance and performance against the targets Other data sources such as legal issues and audits may also be used Other data sources such as legal issues and audits may also be used

Take Aways Identification of noncompliance through SPR&I is not what determines your status Identification of noncompliance through SPR&I is not what determines your status Lack of documented and verified evidence of correction of noncompliance and sustained compliance over time will drive focused monitoring efforts Lack of documented and verified evidence of correction of noncompliance and sustained compliance over time will drive focused monitoring efforts Future determinations will likely include a comprehensive review of compliance and performance indicators as well as timely and accurate submission of data Future determinations will likely include a comprehensive review of compliance and performance indicators as well as timely and accurate submission of data