Special Education Compliance Tiered Monitoring: Corrective Action Plan (CAP) Training Cohort 1

1. Special Education Compliance Tiered Monitoring: Corrective Action Plan (CAP)TrainingCohort 1 Missouri Department of Elementary and Secondary Education October 5, 2015

2. Corrective Action Plans Year Watch CAP Year Webinar / Receive SpEd Program Review Report – mid-Sept Create Plan for Correction in IMACS using Rubric – Nov 1or sooner Onsite Monitoring conducted – Nov - April Submit Documentation to Clear I-CAPs - Dec 31 or sooner Submit Follow-up Timelines – March 20 or sooner Submit Samples of Correction to clear CAPs and document in IMACS - Apr 1 or sooner ALL noncompliance cleared within 1 year of SpEd Program Review Report No Yes Monitoring Complete for the Cycle Sanctions Determined

3. Onsite Monitoring (if selected) ALL Selected Onsite LEAs: • Highly Qualified Teachers (100.470.a-e) • Paraprofessional Training (100.280) • Implementation of the IEP (200.960) • Services / Least Restrictive Environment • Accommodations • Discipline Procedures (300’s indicators) IF APPLICABLE for Selected Onsite LEAs: • Speech implementer model • Juvenile Justice Centers • ECSE

4. The Two Prongs of Correction

5. Questions about . . . Plan for Correction I-CAP Timeline Submission Evidence of Correction

6. Plan for Correction Questions Q: How do I know what strategies to include in my Plan for Correction?

7. Plan for Correction Questions Q: How do I know what strategies to include in my Plan for Correction? • Analyze why the noncompliance occurred • Is it a form issue? • Is it a staff training issue? • Is it a policy or procedure issue? A:

8. Plan for Correction Questions Q: How do I know what strategies to include in my Plan for Correction? • Analyze why the noncompliance occurred • Is it a form issue? • Is it a staff training issue? • Is it a policy or procedure issue? • Develop plan to correct the root cause of the noncompliance based on your analysis A:

9. Plan for Correction Questions Q: How do I know what strategies to include in my Plan for Correction? • Analyze why the noncompliance occurred • Is it a form issue? • Is it a staff training issue? • Is it a policy or procedure issue? • Develop plan to correct the root cause of the noncompliance based on your analysis • Use the Corrective Action Plan Rubric and/or consult with your Compliance Consultant for assistance A:

10. I-CAP Questions Scenario: During a reevaluation, the parent of a student who was eligible for OHI provided documentation that the student no longer had epilepsy.  We continued to qualify the student as a student with a disability under the category of OHI because the student continues to require support and specialized instruction and the parent was rather insistent that the child remain in Sped. We were called out on 200.470.b saying that the evaluation report was not sufficiently comprehensive to determine OHI eligibility.

11. I-CAP Questions • Q: How should we go about correcting this problem.  Do we remove the student from Special Education?  If so, what documentation will we need to provide?

12. I-CAP Questions Answer : The LEA will need to follow the reevaluation process for the student. When conducting a reevaluation, the report needs to support that the current eligibility category continues to be appropriate. In this case, since the student no longer has a medical diagnosis, there is no evidence that continues to support the eligibility category. If continued special education and related services are needed, the evaluation report will need to consider other categories of eligibility. If the student is not eligible under any IDEA category, the student must be dismissed and a NOA provided.

13. I-CAP Questions • Q: How do I know why I was really out on a particular indicator, in order to provide training to fix it?

14. I-CAP Questions • Q: How do I know why I was really out on a particular indicator, in order to provide training to fix it? • A: The Student Noncompliance Report includes DESE notes which explain why each indicator was noncompliant.  You can find this report in either the correspondence section of IMACS, or under the Compliance Review section for the 2014-15 school year.

15. Timeline Submission Questions • Q: One of our students whose timeline was exceeded has moved to a different district.  How do we meet with the parent to provide compensatory services since the student no longer lives here? 

16. Timeline Submission Questions • Q: One of our students whose timeline was exceeded has moved to a different district.  How do we meet with the parent to provide compensatory services since the student no longer lives here?  • A: To clear the I-CAP for this student, you will need to document the student transferred out of your LEA and the date of the transfer in the follow-up timeline submission and then upload the withdrawal slip or some other documentation. To clear the CAP for this indicator, you will need to complete the follow-up timeline process.

17. Timeline Submission Questions • Q: A student was referred from First Steps less than 90 days prior to the child’s 3rd birthday. Why isn’t this an acceptable reason to having the IEP in place by the child’s 3rd birthday?

18. Timeline Submission Questions • Q: A student was referred from First Steps less than 90 days prior to the child’s 3rd birthday. Why isn’t this an acceptable reason to having the IEP in place by the child’s 3rd birthday? • A: The 90 day “rule” is referring to when the child was originally referred TO First Steps – NOT when the child was referred for ECSE. If a child was referred to First Steps at least 90 days prior to their 3rd birthday and is eligible for ECSE, the IEP must be in place by the child’s 3rd birthday.

19. Evidence of Correction Questions • Q: We are a small school. What if we don’t have enough files to submit five additional samples showing evidence of compliance with the indicator?

20. Evidence of Correction Questions • Q: We are a small school. What if we don’t have enough files to submit five additional samples showing evidence of compliance with the indicator? • A: In this situation, you will need to contact your compliance supervisor to discuss options for your specific circumstances. Generally, the LEA is required to submit multiple files showing evidence of compliance. In rare cases when the LEA has no opportunity to demonstrate compliance, the Department uses an assurance statement process.

21. Evidence of Correction Questions • Q: What happens if we submit documentation that is still not in compliance?

22. Evidence of Correction Questions • Q: What happens if we submit documentation that is still not in compliance? • A: It is very important to check any documentation submitted to the Department for compliance as additional corrective action is required for any noncompliance identified by DESE. This means another I-CAP is generated for the student as well as a requirement to provide an additional five samples showing evidence of compliance for the indicator. Your Compliance Consultants can assist you.

23. LIVE Questions . . .

24. Corrective Action Plans Training (Year 2) for Cohort 1 The Department of Elementary and Secondary Education does not discriminate on the basis of race, color, religion, gender, national origin, age, or disability in its programs and activities.  Inquiries related to Department programs and to the location of services, activities, and facilities that are accessible by persons with disabilities may be directed to the Jefferson State Office Building, Office of the General Counsel, Coordinator – Civil Rights Compliance (Title VI/Title IX/504/ADA/Age Act), 6th Floor, 205 Jefferson Street, P.O. Box 480, Jefferson City, MO 65102-0480; telephone number 573-526-4757 or TTY 800-735-2966; fax number 573-522-4883; email civilrights@dese.mo.gov.