Categorical Findings of Noncompliance March 24, 2011 Guidance & Intensive Technical Assistance Related to Correction of Noncompliance for SY

Four noncompliant findings areas CategoriesItems of NoncomplianceFindings Referral and Evaluation Assessment Procedures Participants on the IEP Team6627 IEP Content18630 Transition Services6612

 Referral and Evaluation Assessment Procedures Referral Student progress in general education curriculum and grade-level standards CFR (a)(5)(i, ii) General education interventions prior to referral CFR (b)(1) Parent written consent for evaluation CFR (a)(ii) Evaluation Initial Evaluation 60 day completion timeline requirement CFR (a)(1)(i) 30 day IEP timeline development requirement CFR (c)(1) Documentation of reasonable effort to obtain informed consent from the parent before the initial provision of special education and related services CFR (b)(1) Re-Evaluation Must occur every three years (unless parent and school agree evaluation not needed) CFR (b)(2) Informed Parent consent obtained prior to conducting re-evaluation CFR (c)(1)(i) IEP Team and other qualified professionals, determine whether the student continues to have a disability and whether the student continues to need special education and related services CFR (a)(2)(B)

 Referral and Evaluation Assessment Procedures (continued) Evaluation Assessment Process Parent consent for evaluation CFR (b)(1) Variety of assessment tools and strategies used CFR (b)(1) Student is assessed in all areas of suspected disabilities CFR (c)(4) Assessment administered by trained and knowledgeable personnel CFR (c)(iv) Determination made by multidisciplinary team, including parents CFR (a)(1) Evaluation reports Report completed and kept in the student file CFR Copy of evaluation report given to parents CFR (a)(2)

 Required Appropriate Participants of the IEP Team The Parents/Student if age of majority CFR (a)(1) School Administrator CFR (a)(4)(i,ii,iii) Qualified to provide or supervise the provision of specially designed instruction, knowledgeable about the general education curriculum and the availability of resources and can commit funds Not less than one special education teacher CFR (a)(3) Not less than one general education teacher CFR (a)(2) Individual who can interpret test results and instructional implications CFR (a)(5)

 IEP Content Current student IEP is in student file CFR (a) Present Level of Academic Achievement and Functional Performance (PLAAFP) CFR (a)(1)(i) Measurable annual goals CFR (a)(2)(i) Short-term objectives CFR (a)(2)(B)(ii) Parents informed of student progress toward the annual goals achievement CFR (a)(3)(i,ii) Accommodations in administration of state or school wide assessments CFR (a)(6)(i) Accommodations and supports in general education and special education classrooms CFR (a)(4) Special education and related services, and supplementary aids and services CFR (a)(4)

 IEP Content (continue) IEP Considerations Positive behavior interventions and supports CFR (a)(2)(i) Extended school year CFR Assistive Technology devices and services CFR (a)(2)(v) Physical impairment needs CFR (a)(2)(iii) NIMAS CFR

 Transition Services Students 16 or older, or will turn 16 during the duration of the IEP, appropriate measureable post-secondary CFR (b)(1) Measureable post-secondary goals updated annually CFR (b) Measureable post-secondary goals based on age appropriate transition assessments CFR (b)(1) Transition services that will reasonably enable the student to meet his/her post-secondary goals CFR 300/320(b)(2) Course of study that will reasonably enable the student to meet his/her post-secondary goals CFR (b)(2)

 Transition Services (continue) Student invited to meeting when transition services were discussed CFR (b)(1) If appropriate, a representative of any participating agency was invited to the IEP meeting with prior consent of the parent(s) or student who has reached the age of majority CFR (b)(3) NLT one year before the student reaches the age of majority under State law, student is informed of his/her rights on reaching the age of majority CFR (c) A Summary of Performance (SOP) is provided to students who graduate with a regular diploma or age out when reaching maximum age CFR (e)(3)

INSANITY -do the same thing over and over, and expect to get different results. It might be time to try another approach. Let’s get to the Root Cause.

What are the facts (current data)? What worked well? What can be improved? Where are we now? What do we want to achieve (goal)? What is the expected outcome? Where are we going? What steps must we take to ensure we reach the outcome? Who are the key members of team (teachers, staff, administrators)? How will we get there? Is there support for improvement planning and implementation? What roadblocks must we overcome in order to reach the expected outcome? What is holding us back?

In review of student IEP files for Referral and Evaluation Assessment Procedures, 1 of 5 IEPs reviewed for 60 day completion of initial evaluation requirement was in noncompliance Where are we now? Completion of initial evaluation process within 60 day timeline requirement at 100% compliance (parent consent- IEP Team eligibility determination) Where are we going? What steps must we take to ensure we reach the outcome? Who are the key members of team (teachers, staff, administrators)? How will we get there? Is there support for improvement planning and implementation? What roadblocks must we overcome in order to reach the expected outcome? What is holding us back?

In reviewed of student IEP files for Participants on the IEP Team, 3/20 student files were in noncompliance, no school administrator in attendance at the IEP meeting. Where are we now? At IEP meetings, a school administrator will be in attendance with 100% compliance Where are we going? What steps must we take to ensure we reach the outcome? Who are the key members of team (teachers, staff, administrators)? How will we get there? Is there support for improvement planning and implementation? What roadblocks must we overcome in order to reach the expected outcome? What is holding us back?

In reviewed of student IEP files for IEP Content, 5/20 student files were in noncompliance for no documentation of accommodations and support provided to student in general and special education classrooms Where are we now? IEPs will contain documentation of accommodations and support provided to student in general and special education classrooms with 100% compliance Where are we going? What steps must we take to ensure we reach the outcome? Who are the key members of team (teachers, staff, administrators)? How will we get there? Is there support for improvement planning and implementation? What roadblocks must we overcome in order to reach the expected outcome? What is holding us back?

In reviewed of student IEP files for Transition Services, 2/20 student files were in noncompliance, no measureable post- secondary goals for student 16 or older, or will turn 16 during the duration of the IEP Where are we now? IEPs for students16 or older, or will turn 16 during the duration of the IEP,will contain measureable post-secondary goals with 100% compliance Where are we going? What steps must we take to ensure we reach the outcome? Who are the key members of team (teachers, staff, administrators)? How will we get there? Is there support for improvement planning and implementation? What roadblocks must we overcome in order to reach the expected outcome? What is holding us back?

 Week of April 18, 2010 ◦ Sampling Review of NASIS IEP Student Files  Current student files (December 1, 2010-April 18,2011  Lock IEPs ◦ After parent has signed  Scan and upload IEP supporting documentation ◦ NASIS Special Education Process Guide  dc pdf dc pdf  Continual update of NASIS information ◦ Real-time accurate data

 Correction of Noncompliance Findings ◦ Donald Griffin  Phone: (505) ◦ Dr. Eugene Thompson  Phone: (505)  Root Cause Analysis ◦ Dr. Marilyn Johnson  Phone: (505)