1. Missouri Department of Elementary and Secondary Education
1/6/2011
Welcome to our session
Top 10 indicators found “out” of compliance trends from monitoring data and tips to stay “in” compliance for MO-CASE Special Education Administrators Conference
Missouri Department of Elementary and Secondary Education
September 23, 2014

3. Special Education Tiered Monitoring
1/6/2011
Special Education Tiered Monitoring
Conduct Self-Assessment + Desk Review
Correction of Identified Noncompliance
Maintain Compliance and Retrain Staff
This slide shows an overview of the entire tiered monitoring process and timelines. Note that the process encompasses a three year cycle. . .
Year 1 is the “Self-Assessment Year” when LEAs get trained to conduct a self assessment of their own program. This is a school year long process with data being collected and submitted during the school year. Then over the summer, the Department conducts a desk review of the LEA.
Year 2 is the “Corrective Action Plans Year” when LEAs who have indicators “OUT” of compliance develop corrective action plans to address the root cause of the noncompliance and then submit documentation to demonstrate subsequent compliance with the targeted indicators.
Year 3 is when LEAs strive to maintain 100% compliance. LEAs are encouraged to work with their RPDC staff to provide training to staff on sped compliance issues. This is also the year to fine tune procedures and practices that are occurring within the district to maintain special education compliance.
It is important to note that the tiered monitoring is NOT the same as MSIP. These are two very different processes. MSIP is for state accountability while tiered monitoring is a federal requirement. This can be confusing because in the past the tiered monitoring was conducted at the same time as the MSIP reviews. These two processes were separated about 5 years ago but are still confused on a regular basis!
Self-Assessment (Year 1)
Repeat. . .
Maintain & Retrain (Year 3)
CAP (Year 2)
Tiered Monitoring MSIP

4. Special Education Tiered Monitoring
1/6/2011
Special Education Tiered Monitoring
Conduct Self-Assessment + Desk Review
Correction of Identified Noncompliance
Maintain Compliance and Retrain Staff
Cohort 1 during
This slide shows an overview of the entire tiered monitoring process and timelines. Note that the process encompasses a three year cycle. . .
Year 1 is the “Self-Assessment Year” when LEAs get trained to conduct a self assessment of their own program. This is a school year long process with data being collected and submitted during the school year. Then over the summer, the Department conducts a desk review of the LEA.
Year 2 is the “Corrective Action Plans Year” when LEAs who have indicators “OUT” of compliance develop corrective action plans to address the root cause of the noncompliance and then submit documentation to demonstrate subsequent compliance with the targeted indicators.
Year 3 is when LEAs strive to maintain 100% compliance. LEAs are encouraged to work with their RPDC staff to provide training to staff on sped compliance issues. This is also the year to fine tune procedures and practices that are occurring within the district to maintain special education compliance.
Self-assessment (Year 1)
Repeat. . .
Maintain & Retrain (Year 3)
CAP (Year 2)

5. Special Education Tiered Monitoring
1/6/2011
Special Education Tiered Monitoring
Conduct Self-Assessment + Desk Review
Correction of Identified Noncompliance
Maintain Compliance and Retrain Staff
This slide shows an overview of the entire tiered monitoring process and timelines. Note that the process encompasses a three year cycle. . .
Year 1 is the “Self-Assessment Year” when LEAs get trained to conduct a self assessment of their own program. This is a school year long process with data being collected and submitted during the school year. Then over the summer, the Department conducts a desk review of the LEA.
Year 2 is the “Corrective Action Plans Year” when LEAs who have indicators “OUT” of compliance develop corrective action plans to address the root cause of the noncompliance and then submit documentation to demonstrate subsequent compliance with the targeted indicators.
Year 3 is when LEAs strive to maintain 100% compliance. LEAs are encouraged to work with their RPDC staff to provide training to staff on sped compliance issues. This is also the year to fine tune procedures and practices that are occurring within the district to maintain special education compliance.
Self-assessment (Year 1)
Repeat. . .
Cohort 3 during
Maintain & Retrain (Year 3)
CAP (Year 2)

6. Special Education Tiered Monitoring
1/6/2011
Special Education Tiered Monitoring
Conduct Self-assessment + Desk Review
Correction of identified noncompliance
Maintain compliance and retrain staff
This slide shows an overview of the entire tiered monitoring process and timelines. Note that the process encompasses a three year cycle. . .
Year 1 is the “Self-Assessment Year” when LEAs get trained to conduct a self assessment of their own program. This is a school year long process with data being collected and submitted during the school year. Then over the summer, the Department conducts a desk review of the LEA.
Year 2 is the “Corrective Action Plans Year” when LEAs who have indicators “OUT” of compliance develop corrective action plans to address the root cause of the noncompliance and then submit documentation to demonstrate subsequent compliance with the targeted indicators.
Year 3 is when LEAs strive to maintain 100% compliance. LEAs are encouraged to work with their RPDC staff to provide training to staff on sped compliance issues. This is also the year to fine tune procedures and practices that are occurring within the district to maintain special education compliance.
Self-assessment (Year 1)
Repeat. . .
Cohort 2 during
Maintain & Retrain (Year 3)
CAP (Year 2)

7. COMPLIANCE
Plus a few more. . .

8. #1 The IEP includes: 200.800.a A measurable postsecondary goal (or
goals) that covers education or training,
employment, and, as needed, independent
living.
Indicator
% in
Cohort 1
Cohort 2
Cohort 3 a
45%
29%
23%

9. Documentation and Strategies for 200.800.a
Document on Form C in the IEP – not on Annual Goals pages.
The goal MUST be measureable!
YES: “get”, “obtain”, “be employed as”, “work in”, etc.
NO: “seek”, “explore”, “pursue”, attempt”, “look into”, etc.
Follow this same pattern for measureable goals in the areas of education or training, and independent living (if needed).

10. # 2 The IEP includes: 200.820.a Specific Special Education Services
Indicator
Description
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
Special Education Services
N/A
19%
NEW

11. Documentation and Strategies for 200.820.a
1/6/2011
Documentation and Strategies for a
Describes the “specialized instruction in ______”
Must be related to the student’s disability not a class
YES: reading decoding, written expression, organizational skills, reading skills, pre-academic skills, study skills, etc.
NO: Reading, Communication Arts, ELA, Study Hall, Science, Social Studies, Resource Math, Resource Room, etc.
Services should not be described as course subjects. To clarify the COMPLIANCE Top 10 presentation at Mo-CASE, Indicator a requires special education services be described in the IEP. Be sure the IEP is describing the “specialized instruction” required by the student and NOT the class or course the student is taking. For example, “specialized instruction in reading” does not make it clear what skills are being taught. In the Services Summary, it is suggested to be more specific and use terms such as “reading skills”, “pre-academic skills”, “life skills”, etc. to make the difference between a service and a class much clearer for parents and school staff.

12. #3 (tie) 200.180 Eligibility staffing held within required timelines.
1/6/2011
#3 (tie)
Eligibility staffing held within required timelines.
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3
20%
18%
17%

13. Documentation and Strategies for 200.180
Evaluation Timeline is 60 calendar days from date of parent consent
Plan ahead with evaluators to ensure all assessments are completed in a timely manner.
Acceptable extension ONLY include: snow days, agency vacation days, child’s absence because of illness, and summer break.

14. 1/6/2011
#3 (tie)
b Measurable annual goals are written in terms that are:
Specific to the skill or behavior to be achieved
Measurable
Attainable within the duration of the IEP
Results-oriented
Time-bound (generally within one year)
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 b
13% 9%
17%

15. Documentation and Strategies for 200.810.b
Write SMART goals!
S = Specific (be very specific about the action)
M = Measurable (observable/ data can be collected to measure change)
A = Attainable (realistic and can be achieved within the duration of IEP)
R = Results Oriented (what is outcome i.e. increase, decrease, or maintain skill)
T = Time Bound (generally within one year)

16. #4 (tie)
a Written notice is provided to the parent prior to provision of services.
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 a 7%
15%

17. Documentation and Strategies for 200.1050.a
Include date prior written notice is provided to parent/guardian as well as method of provision on the Notice of Action

18. #4 (tie)
d Program modifications and accommodations in the IEP state frequency of how often they will occur (i.e. – daily, weekly, monthly)
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 d
24%
16%
15%

19. Documentation and Strategies for 200.850.d
Must include a frequency for every accommodation.
If “Other” – must describe on second page of Form F

20. #5
c Program modifications and accommodations in the IEP state location (i.e. – regular education classroom, special education classroom, etc.)
Indicator
% in Cohort 1
% in
Cohort 2
% in Cohort 3 c
N/A
14%
NEW

21. Documentation and Strategies for 200.850.c
Must include a location for every accommodation.
If “Other” – must describe on second page of Form F

22. #6
b Notice provided and signed parental consent for initial services is obtained for initial services prior to the provision of services
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 b
N/A
13%
NEW

23. Documentation and Strategies for 200.1050.b
Be sure to keep a copy of the NOA in student’s IEP records
Services CANNOT start prior to date of NOA received by agency

24. #7
a The IEP includes a description of how progress toward the annual goal will be measured
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
45%
29%
11%

25. Documentation and Strategies for 200.940.a
Must mark one of the boxes to show how progress is being measured.
If “Other” – must describe.

26. #8 (three-way tie)
Parent is provided a copy of the evaluation report
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 7%
13% 9%

27. Documentation and Strategies for 200.200
Document the date on the Evaluation Report.
Plan ahead to ensure all evaluation write-ups are completed in a timely manner to allow Evaluation Report to be provided to parent within 20 days of eligibility determination meeting.

28. #8 (three-way tie)
The IEP includes goals that: e. Are present for each special education and related service (N/A for transportation as a related service).
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 e
13%
15% 9%

29. Documentation and Strategies for 200.810.e
Use the term “specialized instruction in . . .”
Relate to the student’s disability (e.g. “in reading decoding” or organizational skills”)
Don’t list subject areas (e.g. ELA, science or social studies)

30. #8 (three-way tie)
a. For any child not participating 100% in the regular education environment (K-12), the IEP must include a description of the extent that the student will not participate and why full participation is not appropriate.
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
N/A 9%
NEW

31. Documentation and Strategies for 200.880.a
Be accurate with the % of time student is educated in Regular Education setting
Only include time spent with general ed peers.
CWC / co-teaching minutes are counted as Regular Education minutes.
Explanation of “why” should be based upon the impact of the student’s disability on access to the general education curriculum.

32. #9 (tie)
Content of the notification: b. For students beginning not later than the first IEP to be in effect when the child is 16, postsecondary transition is stated as a purpose of the meeting, at least annually or whenever postsecondary transition is to be discussed at the IEP meeting.
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 b
N/A 8%
NEW

33. Documentation and Strategies for 200.610.b
Be accurate with the % of time student is educated in Regular Education setting – CWC / co-teaching minutes are counted as Regular Education minutes.
Explanation of “why” should be based upon the impact of the student’s disability on access to the general education curriculum.
Be sure to mark this box for all students who are 16 or will be turning 16 between the begin / end date of the IEP when conducting the annual review/revision of the IEP

34. #9 (tie)
d Consent is obtained to invite outside agency representative prior to the IEP meeting
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 d
12% 7% 8%

35. Documentation and Strategies for 200.800.d
If an outside agency representative is invited to the IEP meeting, be sure there is a corresponding ROI form dated BEFORE the IEP meeting.

36. #10
Content of the notification: a The parent is informed of all purposes for the meeting.
Indicator
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
N/A 8%
NEW

37. Documentation and Strategies for 200.610.b
Be accurate with the % of time student is educated in Regular Education setting – CWC / co-teaching minutes are counted as Regular Education minutes.
Explanation of “why” should be based upon the impact of the student’s disability on access to the general education curriculum.
Be sure to mark ALL purposes for the IEP meeting – there can be multiple purposes listed on one Meeting Notification.

38. Status of Previous TOP 10 Indicators
# 12
Indicator
Indicator Description
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
Names and roles of eligibility meeting participants 7%
13%

39. Documentation and Strategies for 200.270.a
List name and role of all eligibility participants on the Evaluation Report
Be sure to include the REQUIRED team members when determining SLD eligibility
Be accurate with the % of time student is educated in Regular Education setting – CWC / co-teaching minutes are counted as Regular Education minutes.
Explanation of “why” should be based upon the impact of the student’s disability on access to the general education curriculum.

40. Status of Previous TOP 10 Indicators
# 13
Indicator
Indicator Description
% in Cohort 1
% in Cohort 2
% in Cohort 3
Parent provided a copy of reevaluation report 7%
13% 6%

41. Documentation and Strategies for 200.460
Document the date on the Evaluation Report.
Plan ahead to ensure all evaluation write-ups are completed in a timely manner to allow Evaluation Report to be provided to parent within 20 days of eligibility determination meeting.

42. Status of Previous TOP 10 Indicators
# 15 (tie)
Indicator
Indicator Description
% in Cohort 1
% in Cohort 2
% in Cohort 3 b
Evaluation report is comprehensive 5%
13%

43. Documentation and Strategies for 200.210.b
Be sure that special education evaluation address ALL areas of concerns resulting from the Review of Existing Data.
Be sure evaluation includes data for ALL required eligibility category criteria in each of the areas of suspected disability.
Be sure that special education evaluation includes ALL areas noted in the NOA

44. Status of Previous TOP 10 Indicators
# 15 (tie)
Indicator
Indicator Description
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
Exclusionary Statement
16% 9% 5%

45. Documentation and Strategies for 200.260.a
1. Discuss each item at the eligibility determination meeting and document on the Evaluation Report.
2. Be sure to include additional requirements for SLD, LI and SSD .

46. Status of Previous TOP 10 Indicators
# 23
Indicator
Indicator Description
% in Cohort 1
% in Cohort 2
% in Cohort 3 a
Reevaluation did not exceed three years
12%
10% 1%

47. Documentation and Strategies for 200.590.a
Be sure to document the date of the eligibility staffing (determination) on the Evaluation Report.
Plan ahead so that the eligibility staffing is held NO MORE than three years from the date of the previous Evaluation staffing (determination). Remember that two meeting notifications to parents may be required.

48. Questions . . . Karen Allan Director, SPED Compliance 573-751-4909
Be sure to turn in your questions before you leave the session and include your contact information so we can respond. This slide shows the contact information for the DESE presenters this morning in case you have additional questions later . . .
Nancy Thomas
Assistant Director, SPED Compliance

49. Thank you for participating!
1/6/2011
Thank you for participating!
Thank you for participating in our session today. We hope that the information presented has helped to provide guidance and clarification on DESE Updates for Special Education.