Wednesday A.M. – General Session

1. Verification of Correction Wednesday A.M. – General Session

2. Verification of Correction • Step 5 – Verify Resolution of the Issue • OSEP Definition of Verifying Correction • Step 6 – Follow up on Resolution • Continuous Improvement

3. Step 5 – Ensure and Verify Resolution of the Issue • For improvement issues (not compliance issues), this may be over a period of several years • For compliance issues, this is defined clearly by OSEP

4. Improvement Issues (not compliance issues) • Several tools are available to assist states in: • Analyzing indicator data and other performance variables at SEA/LA and school levels • Design effective improvement strategies • Evaluate improvement activities

5. Compliance Issues(defined by OSEP) • Verifying resolution of compliance issues is clearly defined by OSEP. Two main documents explain and clarify the process states are to use to correct and verify correction of noncompliance: • OSEP Memo 09-02 • F.A.Q. Document on Identification and Correction of noncompliance

6. From OSEP on Timeline for Correction • The timeline for correction (as soon as possible but in no case later than one year) begins on the date on which the SEA/LA notifies a school or program, in writing, of its finding of noncompliance.

7. From OSEP on Timely Correction • For an SEA/LA to report that the noncompliance has been corrected it must first: • Account for ALL noncompliance identified by the SEA/LA • Determine in which schools or programs noncompliance occurred; level of noncompliance in each; and root cause(s) of the noncompliance

8. From OSEP on Timely Correction • For an SEA/LA to report noncompliance has been corrected it must first: • If needed, require change in the program’s • Policies • Procedures and/or • Practices

9. From OSEP on Timely Correction (from Memo 09-02) In order to demonstrate that previously identified noncompliance has been corrected, an SEA/LA must: (1) Account for the correction of all child-specific instances of noncompliance; and (2) Determine whether each the Schools or Programs with the identified noncompliance are correctly implementing the specific regulatory requirements

10. From OSEP on Correction of Child-Specific Noncompliance • (1a) For child-specific noncompliance that is not a timeline requirement, the SEA/LA must ensure that the program corrected the noncompliance in each individual case, unless: • The requirement no longer applies; or • The child is no longer within the jurisdiction of the program.

11. From OSEP on Correction of Child-Specific Noncompliance (1b) For child-specific noncompliance with a timeline requirement, the SEA/LA must ensure that the service/evaluation/etc. was provided, although late, unless: • The requirement no longer applies; or • The child is no longer within the jurisdiction of the program.

12. From OSEP on Timely Correction • (2) For an SEA/LA to report schools or programs are implementing the specific regulatory requirements, besides the correction explained in items 1a and 1b, the SEA/LA must: • Based on its review of updated data, and within one year of notifying the program of noncompliance, determine if the program or school is in compliance

13. From OSEP on Correction of Child-Specific Noncompliance • To ensure correction of child-specific noncompliance… • The SEA/LA could review or require a local agency to review all or a sample of the records of affected children to verify correction.

14. Verification of Correction of Noncompliance • Must be based on NEW data • May happen very quickly • Correction = 100% • Period of time (at 100%) for verification should depend on the level of noncompliance and the cause of the noncompliance • How correction will be verified should be determined before the finding is made

15. Notification of Verification of Correction • Notify the accountable party (school/program/etc.) that correction has been verified and the finding of noncompliance is closed out. Notification may include: • Corrective actions taken to correct the noncompliance • Data used to verify correction • Correction of each instance • Updated data demonstrating 100% compliance • Whether the noncompliance was corrected within 12 months of the finding

16. Documentation of Correction and Verification of Correction • What documentation could you use as evidence of how you verify correction? • Notification of findings • Corrective action plans • Notification of verification of correction • Procedures for verification of correction • How data for verification is collected and verified • If samples are used, how they are representative

17. Tracking Correctionof Noncompliance

18. Step 6 - Follow Up on Resolution of the Issue • Incentives for correction/improvement • Sanctions/enforcement actions for uncorrected noncompliance • Easier to use if they are set up in advance

19. Continuous Improvement

20. Verification of Correction Team Application Activity

21. Application Activity – Guiding Questions • How are you verifying correction of noncompliance in accordance with OSEP Memo 09-02? • How do you document and track correction of noncompliance? • What incentives do you have in place for timely correction/improvement? • What is your process for imposing sanctions for lack of correction?