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Special Education Leadership Meeting September 24, 2010

Special Education Leadership Meeting September 24, 2010 . Fall 2010 Compliance Monitoring Presented By: Jennifer L. Kline, Esq. Education Associate Procedural Safeguards & Monitoring. Fall 2010 Compliance Monitoring What’s New?.

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Special Education Leadership Meeting September 24, 2010

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  1. Special Education Leadership MeetingSeptember 24, 2010 Fall 2010 Compliance Monitoring Presented By: Jennifer L. Kline, Esq. Education Associate Procedural Safeguards & Monitoring

  2. Fall 2010 Compliance MonitoringWhat’s New? Beginning with the 2010-2011 School Year, School Districts and Charter Schools Will Be Monitored on a 3 Year Cycle

  3. Fall 2010 Compliance MonitoringWhat’s New? 12 LEAs Selected for Fall 2010 Monitoring: School Districts: Charter Schools: Christina Family Foundations Delmar Newark Charter School Lake Forest Prestige Academy Woodbridge Odyssey Colonial Academy of Dover Cape Henlopen Sussex Tech

  4. Fall 2010 Compliance MonitoringWhat’s New? An Expanded Student Record Protocol Related to: Evaluation Reevaluation Eligibility Procedural Safeguards Secondary Transition IEP Development

  5. Fall 2010 Compliance Monitoring Record Reviews Will Occur On-Site at the School Districts and Charter Schools Prior to On-Site Visits, the Department Will Select Certain Subject Areas to Review

  6. Fall 2010 Compliance Monitoring The Department’s Findings and Monitoring Data Will Be Given to the School Districts and Charter Schools In A Monitoring Report

  7. Fall 2010 Compliance Monitoring When Noncompliance is Found: 1. What are the School District and Charter School Responsibilities ? 2. What are the State’s Responsibilities?

  8. Fall 2010 Compliance Monitoring When Noncompliance is Found, the School District or Charter School Must: Correct All Student Level Noncompliance - AND - Depending on the % of Noncompliance, Provide Training to Appropriate Staff

  9. Fall 2010 Compliance Monitoring When Noncompliance is Found, the School District or Charter School Must Take Remedial Steps To Ensure Staff Are Adequately Trained and Properly Implementing the Regulation Remedial Steps Can Include Staff Training, Self-Audits and Monitoring, and Other Measures Deemed Appropriate By the District or Charter School

  10. Fall 2010 Compliance Monitoring When Noncompliance is Found, the School District or Charter School Should Conduct a “Root Cause Analysis” , and Then Design Steps to Correct the Noncompliance Based on the “Root” of the Problem

  11. Fall 2010 Compliance Monitoring When the State Directs the School District or Charter School to Provide Training, What Constitutes “Training”? The Training Should Be Specifically Developed by the School District or Charter School to Ensure Staff Will Properly Implement the Regulation At Issue

  12. Fall 2010 Compliance Monitoring “Training” Can Include: (1) Presentations to Staff by An Expert or Consultant In Special Education Regulations (2) Distribution of Written Materials to Staff (3) Use of Technical Assistance Documents and Professional Development Modules Sanctioned and Approved by the U.S. Department of Education

  13. Fall 2010 Compliance Monitoring When Noncompliance is Found, the State Must Verify Correction of All Noncompliance The State Will Review Additional Records for Compliance Verification The Number of Additional Records Reviewed Will Depend Upon the % Level of Noncompliance and Other Factors

  14. Fall 2010 Compliance Monitoring More Discussion to Occur at the November Special Education Leadership Meeting…

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