1 / 16

Identification and Correction of Noncompliance

This seminar presented by Donald Griffin at the Bureau of Indian Education's Special Education Academy in Tampa Bay, Florida, discusses the identification and correction of noncompliance in special education. The session covers the process of identifying noncompliance, defining findings, focused monitoring, correction procedures, and verification of correction requirements. It emphasizes the importance of correcting student-specific items of noncompliance promptly and in line with the IDEA 2004 regulations. The session also outlines the enforcement actions and technical assistance available for schools struggling with noncompliance issues.

oswald
Download Presentation

Identification and Correction of Noncompliance

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Identification and Correction of Noncompliance BIE Special Education Academy September 2011 Tampa Bay, Florida Presenter: Donald Griffin Education Specialist, Special Education Bureau of Indian Education - Division of Performance and Accountability Bureau of Indian Education - Division of Performance and Accountability

  2. Identification • All noncompliance must be identified from all sources of compliance data • On-site Compliance Monitoring Activity • NASIS audit of student files • Other—ISEP, dispute resolution, parent concerns • 100% compliance Bureau of Indian Education - Division of Performance and Accountability

  3. Identification—Definition of Finding • A finding is a written notification from the BIE-DPA to a School that contains the BIE-DPA’s conclusion that the school is in noncompliance, and includes the citation of the statute or regulation and a description of the quantitative and/or qualitative data supporting the BIEs conclusion that there is noncompliance with the statute or regulation (SPP/APR Indicator B-15) Bureau of Indian Education - Division of Performance and Accountability

  4. Identification—BIE Definition of a Finding It is systemic and not child-specific. Although findings are in larger categories, the subparts have to be corrected at 100% within one-year of identification. (Source: BIE Annual Performance Report) Focused Monitoring • 8 findings categories • subparts within each category • Example… Bureau of Indian Education - Division of Performance and Accountability

  5. Identification - Finding B13 Desk Audit – Secondary Transition • 1 finding category • multiple items within the category • Example… • Findings will be systemic and not student specific • Example… B11 Desk Audit – Timely Initial Evaluation • 1 finding • student specific item- 60 day timeline requirement Bureau of Indian Education - Division of Performance and Accountability

  6. Identification - Finding Other- • ISEP audit • Parent Concerns • Dispute Resolution • 1 finding • student specific item- Bureau of Indian Education - Division of Performance and Accountability

  7. Correction - Written Notification Required BIE-DPA Responsibility: • Provide to the School Written Notification of Noncompliance as soon as possible after BIE-DPA concludes the school has noncompliance or 100% compliance • Require the School to correct noncompliance as soon as possible and no later than one-year of written notification • One-year timeline starts day written notification issued to the School concluding the School is in noncompliance Bureau of Indian Education - Division of Performance and Accountability

  8. Correction – Corrective Action Plan Required School Responsibility: • Develop and implement a Corrective Action Plan (CAP) that: • Corrects student specific item of noncompliance as soon as possible and no later than one-year of written notification • Correctly implement the specific regulatory requirements of the IDEA 2004, based upon BIE review of updated data Bureau of Indian Education - Division of Performance and Accountability

  9. Correction – CAP Considerations • Individual student corrections to ensure Free Appropriate Public Education (FAPE) as soon as possible • Re-do IEP • Amendment of IEP • Service delivery on the IEP • Processes that may be needed for schools to correctly implement specific regulatory requirements of IDEA 2004 • Root Cause Analysis • LSPP Improvement Activities that address SPP indicator targets • Change Policy and Procedures • Training Bureau of Indian Education - Division of Performance and Accountability

  10. Correction per OSEP Memo 09-02 • If the School has corrected individual items of noncompliance and is correctly implementing the specific regulatory requirements based on review of updated data, the BIE can verify correction of noncompliance • If the School has corrected individual items of noncompliance and is not correctly implementing the specific regulatory requirements based on updated data, the BIE cannot verify correction of noncompliance—findings remain Bureau of Indian Education - Division of Performance and Accountability

  11. Verification of Correction Required BIE-DPA Responsibility: • The BIE-DPA will verify that each School identified with noncompliance finding(s): • Corrects each student specific items of noncompliance at 100% compliance • Correctly implements the specific regulatory requirements of IDEA 2004 based upon review of updated data • Verification of Correction finding within1 year timeline • Verification of Correction finding beyond 1 year timeline Bureau of Indian Education - Division of Performance and Accountability

  12. Enforcement Action Intensive Technical Assistance includes: • Mandatory Webinar Trainings for Schools identified with continued noncompliance Schools that will be affected- • Not correcting student specific items of noncompliance within one-year of notification and/or; • Not correctly implementing the specific regulatory requirements of IDEA 2004, based upon review of updated data Bureau of Indian Education - Division of Performance and Accountability

  13. Enforcement Action for Persistence Noncompliance • BIE-Operated Schools— • Notification of Associate Deputy Directors (East, Navajo, or West), Education Line Officers, and School Administrator • DPA staff contact assigned to assist in close-out of corrections • School develops a plan for correction of noncompliance • On-site Fiscal Monitoring audit • Incremental disbursement of Part B funds  • Tribally Controlled Schools— • Notification of Associate Deputy Directors (East, Navajo, or West), Education Line Officers, School Administrators, and Grantee • DPA staff contact assigned to assist in close-out of corrections • School develops a plan for correction of noncompliance • On-site Fiscal Monitoring audit • Incremented disbursement of Part B funds Bureau of Indian Education - Division of Performance and Accountability

  14. How Schools can Improve Results for SY 2011-2012 Timely and Accurate Reporting • NASIS Special Education Module Data • Real time updates of data • Lock IEPs • Scan/Upload Signature/Date Documents • NASIS Special Education Process Guide • BIE/DPA requested data • Corrective Action Plan • B11 school initial evaluation identification form • Other Bureau of Indian Education - Division of Performance and Accountability

  15. How Schools Can Improve Results for SY 2011-2012 (continued) • Correct student specific items of noncompliance (FAPE), as soon as possible • IEP reviews for accuracy and regulatory compliance • Re-do/Amend IEPs • Ensure provision of services identified in IEPs • Correctly implement specific regulatory requirements of IDEA 2004 • Root Cause Analysis • Change Policy and Procedure Bureau of Indian Education - Division of Performance and Accountability

  16. Contact information Donald Griffin 1011 Indian School Road, NW Suite 332 Albuquerque, NM 87104 Phone: Office: (505) 563-5384 Cell: (505) 414-3677 Email: donald.griffin@bie.edu Roundup Time!

More Related