trends from monitoring data and tips to stay “in” compliance

1. trends from monitoring dataandtips to stay “in” compliance Missouri Departmentof Elementary and Secondary Education September 29, 2015

2. Federal Tiered Monitoring MSIP

3. Special Education Tiered Monitoring Self-assessment (Year 1) Repeat. . . Maintain & Retrain (Year 3) CAP (Year 2)

4. Special Education Tiered Monitoring Self-assessment (Year 1) Repeat. . . Cohort 1 during 2015-16 Maintain & Retrain (Year 3) CAP (Year 2)

5. Special Education Tiered Monitoring Cohort 2 during 2015-16 Self-assessment (Year 1) Repeat. . . Maintain & Retrain (Year 3) CAP (Year 2)

6. Special Education Tiered Monitoring Self-assessment (Year 1) Repeat. . . Cohort 3 during 2015-16 Maintain & Retrain (Year 3) CAP (Year 2)

7. The GOOD News. . . • Three Years Ago. . . • 45% of LEAs were out of compliance on the #1 indicator • Today. . . • 20% of LEAs are out of compliance on the #1 indicator

8. The GOOD News. . . • Three Years Ago. . . • 45% of LEAs were out of compliance on the #1 indicator • Today. . . • 20% of LEAs are out of compliance on the #1 indicator Almost 1/2 of LEAs were out 3 years ago and only 1/5 are out now . . .This means fewer LEAs in Cohort 1 are out of compliance overall!

9. COMPLIANCE Plus a few more. . .

10. #1 200.180 Eligibility staffing held within required timelines.

11. 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, holiday and summer break. Weekends COUNT for all other breaks including Thanksgiving break, snow days, etc.

12. #2 200.850.d Program modifications and accommodations in the IEP state frequency of how often they will occur (i.e. – daily, weekly, monthly)

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

14. # 3 The IEP includes: 200.820.a Specific Special Education Services

15. Documentation and Strategies for 200.820.a • Describes the “specialized instruction in ______” • Must be related to the student’s disability • For SLD: reading decoding, written expression, organizational skills, math calculation, etc. • For other eligibility categories: reading, functional academics, organizational skills, etc. • Should not be a course subject or class • a) NO: Communication Arts, ELA, Study Skills, Resource Math, etc.

16. #4 (tie) 200.810.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)

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

18. #4 (tie) 1400.50.b Each team member certifies in writing whether the evaluation report reflects agreement with the eligibility for a specific learning disability NEW

19. Documentation and Strategies for 1400.50.b Have each of the required team members for SLD eligibility determination indicate their decision and either sign or initial on the page documenting the eligibility meeting participants. Note the parent is NOT required to agree or disagree nor sign / initial

20. #5 (tie) The IEP includes: 200.800.a A measurable postsecondary goal (or goals) that covers education or training, employment, and, as needed, independent living.

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

22. #5 (tie) 200.880.a. For any child not participating 100% in the regular education environment (K-12), the IEP must include a description of the extent to which the student will not participate and why full participation is not appropriate.

23. Documentation and Strategies for 200.880.a • 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.

24. #6 200.200.a Parent is provided a copy of the initial evaluation report within a reasonable amount of time (generally 20 days)

25. Documentation and Strategies for 200.200.a 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.

26. #7 (tie) The IEP includes goals that: 200.810.e. Are present for each special education and related service (N/A for transportation as a related service).

27. 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)

28. #7 (tie) Content of the notification: 200.610.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.

29. 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

30. #8 (tie) 200.90.a The NOA includes a description of the areas of functioning to be assessed in the evaluation NEW

31. Documentation and Strategies for 200.90.a The NOA includes a reminder Be sure to indicate the areas to be assessed during the evaluation AND attach to the NOA

32. #8 (tie) 200.480.a Documentation of the required observation for ED, Autism, or SLD is included in the reevaluationreport NEW

33. *Observation Notes • Observations • Made by examiner during the testing process do NOT fulfill the requirement • May be part of the evaluation process for any other categorical disability as well • Must be in general education setting for initial evaluations • Can be in either general education or special education setting for reevaluations • For SLD may be conducted during routine classroom instruction prior to the referral

34. Documentation and Strategies for 200.480.a The model Evaluation Report form includes a reminder of the eligibility categories that require an observation in order to make a determination of eligibility.

35. #9 200.90.b The NOA for initial evaluation includes the name of tests or assessments (if known) that will be used in the evaluation NEW

36. Documentation and Strategies for 200.90.b The NOA includes a reminder Be sure to indicate any known tests or assessments that will be given as part of the evaluation AND attach to the NOA

37. #10 200.220.a Documentation of the required observation for ED, Autism, or SLD is included in the initial evaluation report NEW

38. *Observation Notes (Again) • Observations • Made by examiner during the testing process do NOT fulfill the requirement • May be part of the evaluation process for any other categorical disability as well • Must be in general education setting for initial evaluations • Can be in either general education or special education setting for reevaluations • For SLD may be conducted during routine classroom instruction prior to the referral

39. Documentation and Strategies for 200.220.a The model Evaluation Report form includes a reminder of the eligibility categories that require an observation in order to make a determination of eligibility.

40. The Status of LAST Year’s Top 10. . .

44. Trends and Implications . . . • The majority of noncompliance continues to be in previously identified areas • 67% of the TOP 10 Indicators from 2013-14 school year were in the list again during the 2014-15 school year • Recommendations to address • LEAs need to train staff in these identified areas • LEAs need to review their forms for proper documentation in these identified areas • LEAs need to develop procedures and practices to check for compliance in these identified areas

45. TOP 10 PowerPoint will be posted on DESE webpage at: https://dese.mo.gov/special-education/compliance/workshops-presentations Questions . . . Karen Allan Director, SPED Compliance 573-751-4909 Karen.allan@dese.mo.gov Nancy Thomas Assistant Director, SPED Compliance 573-522-1076 Nancy.thomas@dese.mo.gov Betty McKinzie Assistant Director, SPED Compliance 573-751-2332 Betty.mckinzie@dese.mo.gov

46. Thank you for participating!