Special Education Program Compliance Review Final Report ... · District Overview . Lanesboro Public School District is located in Lanesboro, a small community in southeastern Minnesota.

Special Education Program Compliance Review

Final Report

May 24, 2017

Lanesboro Public School District (0229-01)

Matt Schultz, Superintendent

Debbra Marcotte, Director of Special Education

Lanesboro Public School District (0229-01) 2

Table of Contents

Introduction and Authority ....................................................................................................... 3

Scope of Monitoring ............................................................................................................ 3

Resulting Findings and Corrective Action ............................................................................ 3

District Overview ................................................................................................................. 4

Monitoring Findings by Area ................................................................................................... 4

Area 1: Governance ............................................................................................................ 4

Area 2: Facilities, Equipment, and Materials ......................................................................10

Area 3: Child Find and Evaluation ......................................................................................12

Area 4: IEP and IFSP Process and Implementation ...........................................................15

Summary of Corrective Action Required ................................................................................19

Appendix ...............................................................................................................................20

Acronyms ...........................................................................................................................20

Individual Student Record Noncompliance .........................................................................21

Complaint Decisions ..........................................................................................................21

Interviews...........................................................................................................................21

Federal Instructional Settings by Disability .........................................................................22

Race/Ethnicity by Disability ................................................................................................23

Age by Disability ................................................................................................................24


Introduction and Authority

The Minnesota Department of Education (MDE), as the state educational agency, is required by

federal law to monitor the education of children with disabilities pursuant to the Individuals with

Disabilities Education Act (IDEA). 20 U.S.C. § 1412(a)(11); 34 C.F.R. § 300.600. Additionally,

state law requires every local educational agency (LEA) to ensure all students with disabilities

are provided specialized instruction and services appropriate to their needs. Minn. Stat. §

125A.08(b)(1). Each LEA within the state, including educational programs administered by any

public agency, is under the general supervision of MDE. In order to evaluate special education

programs, MDE staff has the authority to review all relevant information necessary to carry out

the department’s oversight responsibilities.

Scope of Monitoring

Monitors from MDE’s Division of Compliance and Assistance conducted a full compliance

review of the special education program of Lanesboro Public School District (0229-01). The

monitoring process included a review of:

The district’s total special education system (TSES) plan and restrictive

procedures plans (RPPs)

One district site where special education services are provided

Interview responses from the special education director, general education

administrators, special education teachers and paraprofessionals, related

services personnel, and general education teachers

Previous monitoring and self-review reports

Formal complaint history

9 Part B (students ages 3 through 21) student records

Resulting Findings and Corrective Action

The following report identifies individual student record noncompliance, findings of systemic

noncompliance, and corrective action requirements. Findings of systemic noncompliance are

identified based on an analysis of compliance data collected from the sources listed above. If an

area is identified as a finding of systemic noncompliance, the district is required to develop and

implement a corrective action plan (CAP) to address each finding within one year of the date of

this report.

Individual student record noncompliance occurs when a student file is cited for violation of any

state or federal special education law. Citations of individual student files must be corrected by

the district by April 2, 2018. If individual student noncompliance is identified for correction,

tracking is completed through the Minnesota Continuous Improvement Process: Self Review

(MNCIMP:SR) system and the district may be required to develop and implement a CAP to

address findings of noncompliance.


District Overview

Lanesboro Public School District is located in Lanesboro, a small community in southeastern

Minnesota. The school district provides educational services to approximately 345 students.

According to its website, Lanesboro Public School District promotes commitment, respect, and

work ethic. Notably, the district has a 100% graduation rate, 97% average daily attendance in

grades seven through twelve, and over 85% of Lanesboro graduates pursue post-secondary

education. Lanesboro Public School District is a member school district of the Hiawatha Valley

Education District (HVED). According to its website, HVED is an educational agency of choice

whose primary purpose is to supply member school districts with administrative/managerial

support and personnel (including related services) in special education. HVEDs education

services are provided to member districts on a collective and/or individual basis within the

framework of policies set by the organization and applicable state and federal regulation. The

compliance review included in this report will evaluate HVEDs and Lanesboro Public School

District’s cooperative approach to offering special education programming, training, resources,

and other related service efforts.

Monitoring Findings by Area

Area 1: Governance

Topic Area: Total Special Education System

A total special education system (TSES) is a plan describing a district’s special education

policies, procedures, and programs. A plan for a single district or for the member districts of a

formal special education cooperative identifies the district’s responsibilities regarding child study

procedures, methods of providing the special education services for identified pupils,

administration and management plans to assure effective and efficient results, operating

procedures of interagency committees, and any interagency agreements into which the district

has entered.

After conducting a self-review of Lanesboro Public School District’s TSES, the special education

director provided MDE with an assurance that the plan describing the district’s special education

policies, procedures, and programs demonstrates 100% compliance with Minnesota Rule

3525.1100.

Corrective Action? No

Topic Area: Restrictive Procedures Plan

“Restrictive procedures” means the use of physical holding or seclusion of children with

disabilities in an emergency. While Lanesboro Public School District has not reported the use of

restrictive procedures to MDE in the last 3 years, the special education director reported that the

district intends to continue the potential use of physically holding children with disabilities in the

event of an emergency. Lanesboro Public School District is therefore required to maintain and

make publicly accessible a restrictive procedures plan (RPP) for children with disabilities.

Minnesota Statute requires that the plan must, at least, list the restrictive procedures the school

intends to use; describe how the school will monitor and review the use of restrictive


procedures; and include a written description and documentation of the training school

personnel completed. A building administrator, two special education teachers, two related

service providers, and special education paraprofessionals using restrictive procedures have

received the necessary training on the use of physical holds/restraint.

After conducting a self-review, the special education director provided MDE with an assurance

that the district’s RPP demonstrates 100% compliance with Minnesota Statute, sections

125A.0941 and 125A.0942.


Topic Area: Staffing

Lanesboro Public School District’s special education administrative staffing includes a special

education director, three assistant special education directors, an elementary special education

coordinator, a secondary and transition special education coordinator, and a transition

coordinator. A superintendent, an elementary school principal, and a secondary school principal

provide district-level administrative leadership. Staff providing special education services to

children ages birth through 2 are employed by HVED and the provision of those services will be

reviewed and described in the HVED special education program monitoring report. The district

is otherwise staffed with a combination of HVED and district special education personnel

consisting of 3 special education teachers, 3 related service providers, and 6 paraprofessionals

delivering services and supports to approximately 40 students with IEPs.

Building administration were asked to describe the delivery of special education services or

support when special education teachers, related service providers, or paraprofessionals are

absent. Interview responses confirmed sufficient procedures related to short- and long-term

absences and the process for informing substitutes about relevant IEP information. No concerns

were reported by special education teachers, related service providers, paraprofessionals, and

general education teachers regarding the delivery of special education services or support when

special education teachers, related service providers, or paraprofessionals are absent.


Topic Area: Training

Special education professional development initiatives have been offered by the HVED and

Lanesboro Public School District to licensed and non-licensed district personnel over the past

two years. The following list identifies some of the special education-related topics described by

the special education director and is organized by year and training recipient:

2014-2015

Offered to special education teachers, related service providers, paraprofessionals, and general

education teachers:

Restrictive procedures (Crisis Prevention Institute initial and refresher training)

Social skills instruction for students on the Autism Spectrum

Medical Assistance (MA) billing

Accommodations and modifications for high school students


Listening and note-taking strategies for middle and high school students

The inferencing strategy, re: language arts curriculum

The impact of trauma on self-regulation, social engagement, and academic achievement

Classroom strategies for teaching a child with hearing loss

Secondary transition

Putting the paraprofessional puzzle together

Fundamentals in the sentence writing strategy and proficiency in sentence writing

Engaging in conflict resolution with denying, disengaged, and dysregulated parents

Promoting social and emotional competence in young children

Universal Design of Learning (UDL), re: a set of principles for curriculum development

that give all individuals equal opportunities to learn

Curriculum-Based Measurement (CBM)

Computer Adaptive Tests (CAT)

Progress monitoring evidence and practices

Framing routine, re: instruction tool that helps students organize large batches of

information

Unit organizer routine

Behavior management

Autism Spectrum Disorder (ASD)

Seizure training

First aid training

Multi-tiered systems of supports (MTSS)

2015-2016

Offered to special education teachers, related service providers, paraprofessionals, and general

education teachers:

Restrictive procedures, re: Crisis Prevention Institute (CPI) initial and refresher

training

Odysseyware, re: grade 3 through 12 digital curriculum that offers core content options

and remediation to students with those specific needs

Preschool inclusion

Attention Deficit Hyperactivity Disorder (ADHD)

Classroom interventions for children with anxiety disorders

Adverse Childhood Experiences (ACES)

Progress monitoring

Third party billing

Mental health issues

Behavior management

Above and below the line, re: focusing on becoming aware of our thinking so we know

when it is working in our best interest and when it is not working in our best interest

Creating a workplace culture, re: four components necessary for a highly effective

culture

The Frame, re: the way we see things, how we feel affects what we do, what we do

affects what we get, and what we get tends to reinforce how we see our beliefs


Efficiently using a web-based student information system/platform for student

enrollment, attendance, and grading

Seizure training

First aid training

Multi-tiered systems of supports (MTSS)

Offered to principals and leadership teams:

Section 504 – Practical application of the law

Offered to new special education teachers:

Restrictive procedures

Due process forms

Individualized Education Program (IEP) and assessment team members

Excused absence team

IEP amendments

Timelines

Prior written notice

Writing goals and objectives

Progress reporting

Least restrictive environment

Evaluation planning

Assessment tools

Other than via HVED and district-led trainings, licensed and non-licensed staff is informed of

special education policies and procedures or changes to special education policies and

procedures through regularly scheduled HVED and district-coordinated training meetings.

Special education administration and building administration identify training needs based on

individual student needs and state and federal due process requirements.

Interview responses suggest that all special education teachers, related service providers,

paraprofessionals, and most general education teachers (81%) are adequately prepared to

provide services and support to students receiving special education. Special education and

general education personnel have received some training in the use of assistive technology

(e.g., tablet computers, communication device, software, recorders, timers, reading guides, seat

cushions, calculators, graphic organizers, and writing supports) but report that all staff would

benefit from additional training in this topic area. Special education teachers and related service

providers confirmed the confidentiality of any personally identifiable data, information, and

records of students also is maintained.

Annual training opportunities, mainly provided by special education teachers, are made

available to paraprofessionals to further develop the knowledge and skills that are specific to the

students with whom they work, including understanding disabilities, following lesson plans, and

implementing follow-up instructional procedures and activities. All paraprofessionals reportedly

receive sufficient ongoing direction from a licensed teacher; those providing IEP health-related

services for a student receiving special education receive ongoing direction from a school nurse

where appropriate and when possible.


Since 2009, Minnesota Statute requires that for all paraprofessionals employed to work in

special education programs, the district shall ensure each paraprofessional has sufficient

knowledge and skills in emergency procedures, building orientation, roles and responsibilities,

confidentiality, vulnerability of students, and mandatory reporting of suspected abuse before or

beginning at the time of employment. Building administrators reported, and recently hired

paraprofessionals confirmed, they receive sufficient information from the district in order to meet

students’ needs.

Corrective Action: No

Topic Area: Special Education Advisory Council

Minnesota Statute, section 125A.24, requires school districts establish a special education

advisory council (SEAC) to increase the involvement of parents of children with disabilities in

district policy making and decision making. The special education director confirmed Lanesboro

Public School District is a member of the HVED’s SEAC that meets regularly and has a

membership of which at least half are parents of a student with a disability. SEAC meetings are

held in the city of Winona; individuals unable to travel from Lanesboro may call a conference

line, which accepts up to 100 callers, to participate. If available, individuals may use a visual

computer software program to participate in SEAC meetings.


Topic Area: Service Delivery, Teaching Models, and Collaboration

Children ages 3 through 5 receive special education services in an early childhood or

kindergarten general education program or within a service provider’s location, e.g., clinician’s

office. Students with disabilities, ages 6 through 21, receive a majority of special education

services via pull-out, push-in, resource room, indirect, and itinerant instruction in federal

instructional settings 1 and 2, which describe the location and the amount of time that a student

with an IEP receives special education services. Co-teaching is a less frequently used method

of special education service delivery in the district. Special education service delivery also may

occur outside of the public school setting. The special education director reported that special

education services are provided to home schooled students, when identified, based on

individual needs determined by the IEP team. According to the district’s school psychologist,

who also is the district’s child find coordinator, no home schooled students have received

special education services during the duration of her career in the school district, which spans

approximately 23 years. As a result, special education service delivery for home schooled

students was not described in district-level interviews.

Indirect services means special education services which include ongoing progress reviews;

cooperative planning; consultation; demonstration teaching; modification and adaptation of the

environment, curriculum, materials, or equipment; and direct contact with the pupil to monitor

and observe. Indirect services may be provided by a teacher or related service provider to

another regular education, special education teacher, related services provider,

paraprofessional, support staff, parents, and public and nonpublic agencies to the extent that

the services are written in the pupil's IEP and IFSP. Special education teachers and related

service providers in Lanesboro Public School District reported receipt of indirect services,


including consultation from appropriately licensed providers, if they are not licensed in a

student’s category of disability and responsible for implementing an IEP. However, a special

education service provider reported that indirect services in the form of consultation to

paraprofessionals is not consistently offered. While building administration did not describe any

specific limitations to the variety of teaching models or types of service delivery options

available to students receiving special education or related services, the secondary special

education teacher reported challenges regarding some general education teachers’

understanding of special education service delivery. Reportedly, students with disabilities are

sent by their general education teachers to the special education classroom to complete general

education homework assignments. The high school special education teacher reported that

special education service delivery time is designed to instruct students with disabilities on

individual goals and objectives, as described in the students’ IEPs. HVED and the district is

advised to remind general education teachers that special education service delivery must be

provided in conformity with a student’s IEP. Expecting special education personnel to provide

services and support not identified as a special education need is consequently a violation of 34

C.F.R. § 300.320.

Collaborative opportunities between special education personnel and general education

teachers to discuss and plan for students with IEPs were described by building administration.

The high school special education teacher, related service providers, and high school general

education teachers generally collaborate through informal before and after school contacts and

during preparation periods when able. The high school principal stated that some collaboration

time has been set aside during teacher workshop days and during the end of the year planning

meeting. Similar opportunities were described at the elementary building level. Building

administration also described collaborative opportunities between special education teachers,

related service providers, and paraprofessionals to discuss and plan for students with IEPs. The

high school principal stated that these opportunities again are informal, occurring before or after

school, but also may occur during the daily homeroom advisory period which lasts about 15

minutes. The elementary principal stated that collaboration meetings between special education

personnel occur before the start of the school year, continue more frequently during the first two

months of school, and slowly decrease as schedules become formalized and students are more

adjusted to staff and their special education programming.


Topic Area: Resources and Supports for Staff

Building administrators receive adequate assistance and support from special education

administrators regarding questions and concerns related to special education. Correspondingly,

most special education teachers, related service providers, and general education teachers also

receive adequate assistance and support with questions and concerns related to special

education from building administration, special education administration, and special education

colleagues. Opposing views regarding building administrative support at the secondary level

were reported by some special education and general education personnel. Reports of

administration not fully considering individualized student programming were described in

interviews.



Area 2: Facilities, Equipment, and Materials

Topic Area: Facilities

On April 24th, 2017, an MDE monitor conducted an onsite review of the special education

programs and facilities at Lanesboro Public School District. The purpose of the review is to

verify that the classrooms and other facilities in which students receive instruction, related

services, and supplementary aids and services are accessible, are essentially equivalent to the

regular education program, provide an atmosphere that is generally conducive to learning, and

usually meet the students’ special physical, sensory, and emotional needs.

Lanesboro Public School District is a two-level school building with an attached daycare facility

on the west end of the upper level. The two building levels are accessible by stairs and elevator.

The main entrance and exit to the school building, the cafeteria, gymnasium, and library

appeared accessible, including one or more accessible bathrooms located on each floor level.

The administrative offices are located on the upper (main) level next to the entrance of the

school building, the gymnasium and cafeteria are located on the lower level of the school

building and are centrally located. Four special education classrooms are incorporated nearby

general education classroom locations: two special education classrooms (elementary and high

school special education teachers) are located on the lower building level and two special

education classrooms (early childhood special education and speech-language pathologist) are

located on the upper building level. The school utilizes three playgrounds: a playground

adjacent to the west end of the building for children attending daycare, a playground adjacent to

the north side of the school building for preschool-aged children, and an expansive playground

located a walking distance down a hill north of the school building on a city-owned lot for school-

aged children. In between the school building and the city-owned playground is a basketball

court on the northwest end of the school building and tennis courts on the northeast side of the

school building. In the event a student with a physical impairment, including a student using a

wheelchair, enrolls in the school district, accommodations likely including a paved pathway

leading to the playground, basketball court, and tennis court will need to be installed to allow

access to these outdoor activities.

Results of the onsite review and interviews completed by building administration, special

education service providers, and paraprofessionals conclude that classrooms and other facilities

in which students receive instruction, related services, and supplementary aids and services

overall meet the requirements outlined in Minnesota Rule 3525.1400. The size of special

education locations sufficiently accommodates the unique needs of the students provided

instruction in those settings and offers adequate storage of special equipment and curriculum

materials to special education service providers.

Building administration described sufficient procedures, including timelines and individuals

involved, when determining classroom needs or locations of classrooms for special education

and related services.



Topic Area: Equipment and Supplies

Minnesota Rule requires districts supply special equipment and instructional materials

necessary to provide instruction, related services, and supplementary aids and services. All

students in grades 9 through 12 are individually equipped with laptop or tablet computers. The

school also is equipped with two computer labs on the upper level of the school building. All

special education teachers and related service providers reportedly have the necessary

curriculum in order to implement students’ IEPs. The following technology devices were

observed in the special education classrooms:

a desktop computer for teacher use and a tablet computer for student use in the

early childhood special education teacher’s classroom (serving children ages 3

through 5, including kindergarten)

a laptop computer and printer for teacher use and a desktop and three tablet computers

for student use in the elementary special education teacher’s classroom (serving

children ages 3 through grade 6)

a laptop computer and printer for teacher use and two desktop computers for student

use in the high school special education teacher’s classroom (serving students in grades

7 through 12)

Half of paraprofessionals (50%), all general education teachers, and some special education

service providers (60%) confirmed they are adequately equipped with special equipment and

instructional materials to provide instruction and supports to students receiving special

education services, including the use of assistive technology. The following concerns were

reported in interviews and observed during the facility review:

Interactive white boards are installed in most general education classrooms;

those general education classrooms not equipped were due to general education

teacher preference. No interactive white boards or comparable equipment were

observed in the four special education classrooms. All three special education

teachers reportedly would utilize interactive white boards or comparable

technology to deliver specialized instruction using existing curriculum. Special

education teachers must have access to the general education curriculum.

The two desktop computers located in the high school’s special education

classroom reportedly are old and only one works sufficiently. While the high

school special education teacher has access to the school’s computer labs,

existing special education service delivery schedules restrict opportunities to

access the labs for their use of technology.

The ECSE teacher does not have a printer within the classroom or nearby

setting. Confidential special education paperwork is electronically sent to a

printer in the main office, which is one floor above the ECSE classroom.

The ECSE classroom also is not equipped with a telephone to contact parents.

The elementary principal reported that cell phones were provided by the district

to the elementary and high school special education teachers to contact parents;

however, the ECSE teacher was not provided a cell phone. As a result, the

ECSE teacher utilizes a personal cellular phone to communicate with parents

regarding special education programming.


Half of paraprofessionals interviewed utilize their personal cellular phones to

assist students with online curricular assignments because of the limited

availability of computer devices designated for paraprofessionals’ use. The high

school principal, who is also the technology coordinator, stated that

paraprofessionals needing to utilize a laptop or tablet computer to support

students with IEPs complete online assignments should contact him to access

these devices.

Corrective Action: Yes. The district is required to develop a Corrective Action Plan (CAP)

addressing the requirements of Minn. R. 3525.1400. The CAP must describe how the district will

comparatively equip the special education teachers’ classrooms with computer equipment in

good working condition, including the installation of interactive white boards or comparable

technology as necessary to access general education curricula, a telephone or similar

communication device in the ECSE classroom, the ECSE teacher’s ability to print confidential

information to a device located within a reasonable distance to the ECSE classroom, and

providing paraprofessionals with access to computer technology necessary to support students

with disabilities accessing curriculum online. Other CAP requirements will be described in the

attached CAP Development Guide.

Topic Area: Room Used for Seclusion

A room used for seclusion is an emergency restrictive procedure in which a student is confined

alone in a room and prevented from leaving. The district does not have a room used for

seclusion registered on the Minnesota Department of Education’s website. No such room was

reported in interviews or observed by the MDE monitor during the onsite review.


Area 3: Child Find and Evaluation

Topic Area: Child Find Process

“Child find” under the Individuals with Disabilities Education Act refers to the local education

agency’s obligation to locate, identify, and evaluate all children with disabilities.

Children ages birth to three:

Previously described under the Topic Area: Staffing, HVED staff provide special education

services to children ages birth to three. Child find processes involving this age group will be

reviewed and described in the HVED special education program monitoring report.

Children ages three through six:

Districts are required to have in place a child find system for locating, identifying, and evaluating

children and preschoolers ages 3 to 6 under Part B (including children on Indian reservations,

who are homeless, in foster care, or are wards of the state) that includes:

A public awareness program which prepares, shares, and assists primary referral

sources in disseminating to parents and families required information describing

the availability of early intervention services, the district’s child-find system, and


how to refer a preschool-aged child for an evaluation. HVED special education

administration reported that brochures describing the district’s child find

processes to assist families reportedly are posted on the HVED and district

websites; however, no such brochures could be found during website reviews.

HVED special education administration stated that brochures also may be

located in school buildings, local clinics and hospitals, and county social service

agencies. The elementary special education teacher reported that a community

newsletter mailed to district families in the fall describes the district’s available

special education services. The elementary special education teacher also meets

with the ECFE classes to discuss the district’s available special education

services.

A comprehensive child find system which includes a process for making referrals,

provides for participation by the primary referral sources, and ensures preschool-

aged children (including those who reside on Indian reservations, are homeless,

in foster care, or are wards of the state) are identified, located, and evaluated.

HVED special education administration indicated that primary referral resources

for Lanesboro have included the Help Me Grow referral system, daycare and

preschool staff, preschool screening, and parent referrals. Referrals received

from these resources are communicated to the elementary school’s child find

team and pre-referral processes, described in the next paragraph, are initiated.

School-aged students:

Minnesota Rule requires that before a student is referred for a special education evaluation, the

district must conduct and document at least two instructional strategies, alternatives, or

interventions (i.e., “pre-referral interventions”) while the student is in the regular classroom.

General education teachers, special education teachers, and related service providers at

Lanesboro Public School District confirmed students are receiving and teachers are

documenting at least two pre-referral interventions in the regular classroom, including

participation in a variety of pre-referral process activities, unless the child’s need for the

evaluation is urgent. The district also utilizes school-wide positive approaches to behavioral

interventions so all students acquire appropriate behaviors and skills, including Positive

Behavioral Intervention and Supports (PBIS) and the Second Step social-emotional skills

program.

Lanesboro Public School District has two designated child find teams, both coordinated by the

district’s school psychologist. The elementary child find team meets monthly and the secondary

child find team meets bi-weekly to discuss students participating in the child find process. The

child find teams typically include the building principals, general education teachers, related

service providers, special education teachers, and the school psychologist. With the

understanding that identifying students potentially in need of special education assistance takes

time, nearly all general education teachers still agreed that pre-referral interventions do not

result in an unreasonable delay of initial evaluation for special education services. Interview

responses did not describe a policy or practice of delaying initial special education evaluations

of English language learner students based on his or her English language learner status. The

district does not have a policy or practice restricting the timing of referral for a special education


evaluation (e.g., may only submit referrals the 1st of each month or must submit the referral by

April 1st).

Public school districts also are required to have in place child find processes for home schooled

students. Lanesboro Public School District has no formalized child find processes for home

schooled students and their families; therefore, child find processes were not described in

HVED or district administrator interviews. This may be due to the child find coordinator’s report

that no home schooled students have received special education services in over 20 years.

Given the district’s small size, both building principals averred that parents of home schooled

students would know who to contact about the district’s available special education services if

they had concerns about their child’s development.

Corrective Action: Yes. The district is required to develop a CAP addressing the child find

requirements of 34 C.F.R. § 300.111. The CAP must describe how the district will develop and

maintain practices to actively reach families of home schooled students. The practices must

describe to home schooling families the district’s available special education services and

associated contact information in the event parents of home schooled students identify

developmental concerns in their children.

Topic Area: Transfer Process

Interview responses from special education teachers and related service providers suggest that

Lanesboro Public School District has sufficient processes in place to ensure the provision of

comparable services to special education students who transfer to the district from another

district (in-state or out-of-state), as required by federal regulation. Interview responses offered

no concerns regarding the prompt transmittal and request of records as well as immediate

provision of services upon enrollment.


Topic Area: Evaluations

Federal regulation requires that assessments and other evaluation materials used to assess a

student are provided and administered in the student’s native language or other mode of

communication and in the form most likely to yield accurate information on what the student

knows and can do academically, developmentally, and functionally, unless it is clearly not

feasible to so provide or administer; are used for the purposes for which the assessments or

measures are valid and reliable; are administered by trained and knowledgeable personnel; and

are administered in accordance with any instructions provided by the producer of the

assessments. Based on the district’s self-review of student records, the district appropriately

uses evaluation materials and procedures first to determine if a student is a student with a

disability as well as the educational needs of the student.

Federal regulation also requires districts to ensure assessments and other evaluation materials

used to assess a student are not discriminatory on a racial or cultural basis. Interview responses

affirm that special education teachers and related service providers know when and how to

address concerns related to racial or cultural discrimination when evaluating students.



Topic Area: Exit Procedures

Federal regulation requires districts to evaluate a child with a disability before determining that

the child is no longer a child with a disability. Special education teachers and related service

providers described compliant procedures for exiting a student from special education services

when he or she has made adequate progress such that continuing need for services no longer

exists.

An evaluation is not required before the termination of a child’s eligibility due to graduation from

secondary school with a regular diploma, or due to exceeding the age eligibility for a free and

appropriate public education (FAPE) under state law. For a student whose eligibility terminates

under these circumstances, the district must provide him or her with a summary of the student’s

academic achievement and functional performance, including recommendations on how to

assist the student in meeting his or her postsecondary goals. Again, special education teachers

and related service providers described compliant procedures in this regard.


Topic Area: Due Process Compliance

The Lanesboro Public School District’s Final Report, dated June 29, 2012, was completed

following the district’s last onsite visit. The final report included zero findings of individual

student noncompliance following a review of 4 Part B student records for Timeline, Notification,

Evaluation, and Eligibility Standards. On April 1, 2015, Lanesboro Public School District was

notified of zero findings of individual student noncompliance following its Self-Review of 5 Part B

student records for the same requirements.

This school year, the district was required to review 9 Part B student records. The results

reported by the district and verified by MDE indicate that those records are in 100% compliance

with Timeline, Evaluation, and Eligibility Standards related to the evaluation process and

identification of special education needs and related services. The district is commended for its

outstanding compliance efforts!


Area 4: IEP and IFSP Process and Implementation

Topic Area: Least Restrictive Environment

Building administration, special education teachers, related service providers,

paraprofessionals, and general education teachers report that each child with a disability is

educated with non-disabled peers to the maximum extent possible, has equal access to extra-

curricular and nonacademic activities (e.g. counseling services, athletics, transportation, health

services, district-sponsored clubs, recess, meals, etc.) available to non-disabled peers, and is

fully integrated with non-disabled peers to the maximum extent appropriate. If a student is

removed from the general education environment, the removal occurs only if the nature or

severity of the child’s disability is such that education in regular classes with the use of

supplementary aids and services cannot be achieved satisfactorily.


A concern regarding the provision of special education and related services to students with

disabilities who participate in extracurricular and other nonacademic activities was reported in

interviews. Reportedly, the provision of paraprofessional support was delayed for approximately

three months for a student with a disability who was participating in an extracurricular activity.

After ongoing discussion initiated by the extracurricular activity’s advisor and the student’s case

manager, the building administrator subsequently agreed to allow the special education teacher

to fulfill the role as the student’s support personnel. The district is advised that 34 C.F.R. §

300.320(4)(ii) requires school districts to include a statement in a child’s IEP that describes the

program modifications or supports for school personnel provided to enable the child to

participate in extracurricular and other nonacademic activities. The district may not make

unilateral decisions to withhold school personnel necessary to provide, for example, behavior

support to a student participating in extracurricular or other nonacademic activities and is such a

denial of the student’s free appropriate public education (FAPE).

The special education director described sufficient procedures to ensure a student placed

outside of the district by an IEP team receives an appropriate IEP, the student is placed in the

least restrictive environment, and due process procedures associated with these responsibilities

are followed.


Topic Area: Communicating IEP Content

General education teachers, related service providers, paraprofessionals, and special education

teachers reportedly have access to the IEP of each student with a disability for whom they are

responsible via receipt of or request to review relevant portions of the IEP or through discussion

of IEP content with service providers at the beginning of the school year and when appropriate.

All paraprofessionals and most general education teachers (81%) indicated that they are

sufficiently informed of their specific responsibilities and the specific accommodations,

modifications, and supports required by the IEPs of the students with whom they work. A few

general education teachers at the elementary level expressed confusion as to who is

responsible for implementing particular portions of a student’s IEP, including locating resources

for meeting students’ individual needs. A special education teacher expressed similar concerns

regarding general education teachers’ usage and implementation of students’ modifications and

accommodations as provided. Given that existing opportunities for collaboration between

special education personnel and general education teachers is mainly informal, the district is

advised to increase dedicated collaborative opportunities for special education teachers, related

service providers, and general education teachers to discuss and plan for the implementation of

each student’s program modifications or supports for school personnel necessary for the child to

advance appropriately toward attaining the annual goals.


Topic Area: Team Members and Meetings

Each IEP team must include a representative of the public agency (i.e., “district representative”).

The district representative must be qualified to provide, or supervise the provision of, specially

designed instruction to meet the unique needs of children with disabilities; knowledgeable about


the general education curriculum; and knowledgeable about the availability of resources of the

public agency. Building administration, special education teachers, and related service providers

confirmed that the district representatives at IEP meetings held at Lanesboro Public School

District meet these qualifications. General education teachers receive timely notice of IEP

meetings; as members of the IEP team, general education teachers also fully participate in the

determination of IEP services such as supplemental aids and services, behavioral supports, and

program modifications.


Topic Area: Extended School Year (ESY)

Federal and state regulations require school districts provide extended school year (ESY)

services as necessary to ensure FAPE as determined by a student’s IEP team on an individual

basis. Based on interview responses from building administration, special education teachers,

and related service providers, ESY services are made available as appropriate. Additionally, the

district does not limit ESY services to particular categories of disability or unilaterally limit the

type, amount, or duration of those services.


Topic Area: Progress Reporting

Each district must ensure an IEP team reviews a child’s IEP periodically, but not less than

annually, to determine whether the student is achieving annual goals; and revise the IEP, as

appropriate, to address any lack of expected progress, the results of any reevaluation or

information about the student, or the student’s anticipated needs. The district’s special

education teachers and related service providers described existing practices that satisfy

progress reporting requirements.


Topic Area: Secondary Transition

Transition services are coordinated activities for a student with a disability that are focused on

improving the academic and functional achievement of the student to assist the student’s shift

from school to post-school activities, including postsecondary education, vocational education,

integrated employment (including supported employment), continuing and adult education, adult

services, independent living, or community participation. Transition services are based on the

individual student’s needs, taking into account the student’s strengths, preferences, and

interests.

Special education teachers and related service providers at Lanesboro Public School District

described secondary transition services, activities, or programming opportunities provided or

available to students with a disability, including work experience programs, courses of study

available specific to students’ needs, college visits, partnerships with community agencies to

support employment, post-secondary education, and independent living skills.



Topic Area: Due Process Compliance

The Lanesboro Public School District’s Final Report, dated June 29, 2012, included a review of

4 Part B student records for Timeline, Notification, and IEP Standards. Two findings of individual

student noncompliance for IEP Standards resulted from the MDE Review. On April 1, 2015,

Lanesboro Public School District was notified of zero findings of individual student

noncompliance following its Self-Review of 5 Part B student records.

This school year, the district was required to review 9 Part B student records for Timeline and

IEP Standards related to the IEP process and provision of special education and related

services and report the findings to MDE. Three findings of individual student noncompliance

related to Timelines (Annual Review of IEP) and IEP Standards (Short and Long Term Goals

and Objectives) were reported by the district and verified by MDE.



Summary of Corrective Action Required

Formal findings of individual student record noncompliance were issued from 3 of the 9 files

reviewed. Individual student files must be corrected by the district and verified by MDE within

one year of the date that the district was notified of individual student noncompliance.

Lanesboro Public School District (0229-01) was notified of individual student noncompliance on

May 2, 2017. As of the date of this report, the district has demonstrated correction of 66.7

percent of those findings.

Area Focus Area Regulatory Reference

1 None None

2 Equipment Minn. R. 3525.1400

3 Child Find 34 C.F.R. § 300.111

4 None None

The district must enter a proposed CAP into the MNCIMP:SR system for each finding within 45

calendar days from the date of this monitoring report. Please review the CAP Development

Guide enclosed with this report. For clarification of the issues in this report or assistance needed

prior to developing the CAPs, please contact the district’s lead monitor indicated below.

For questions regarding the content of this report, please contact the district’s lead monitor:

Rachel Kuha

Compliance Specialist

Division of Compliance and Assistance

1500 West Highway 36

Roseville, MN 55113

651-582-8438

[email protected]

mailto:[email protected]


Appendix

The appendix includes special education child count data related to disability and federal

instructional setting, race/ethnicity, and age, as well as data on individual student record

noncompliance, complaint decisions, and interview and survey reliability.

Acronyms

Data sources

CC Child count

Srv Students served by the district

RR Students sampled for the record review

Disability categories

ASD Autism Spectrum Disorders

DB Deaf-Blind

DCD-MM Developmental Cognitive Disability: Mild to Moderate

DCD-SP Developmental Cognitive Disability: Severe to Profound

DD Development Delay

DHH Deaf and Hard of Hearing

EBD Emotional or Behavioral Disorders

OHD Other Health Disabilities

PI Physically Impaired

SLD Specific Learning Disability

SLI Speech or Language Impairments

SMI Severely Multiply Impaired

TBI Traumatic Brain Injury

VI Visually Impaired

Child Count

In the December 1, 2016, Part B and Part C federal child count, students identified as receiving

special education and related services are 5.8 percent (n = 22) of the district total enrollment

compared to the statewide average of 15.1 percent. Students receiving special education and

related services within 0229-01 represent 11.5 percent (n = 40) of the district’s total enrollment.

This data may include students who are open enrolled into the district, but does not include

students in non-public educational settings unless the student receives special education and

related services from the district. The district’s Part C child count (children birth through age 2)

is 2.3 percent of the population compared to 2.7 percent statewide (preliminary). The

“population” used is based on census data reported by the district to MDE.


Individual Student Record Noncompliance

Individual citations of noncompliance are identified by student and reported through the web-

based MNCIMP:SR tracking system. The district was formally notified of 2 individual findings on

May 2, 2017. All individual student noncompliance must be corrected by the district and verified

by MDE within one year of the date of formal issuance of findings.

A summary of each area of identified individual student noncompliance is referenced in the

chart below. Column one indicates whether the compliance area is related to Part B or Part C of

IDEA. Column two identifies the compliance area for each citation. Column three provides the

legal reference for each citation. Column four indicates the number of student records cited

during the record review.

IDEA Part Compliance Area General Citation(s)

Records Cited

B Timelines: Annual Review of IEP 34 CFR § 300.324 1

B IEP/IFSP Standards: Short and Long Term Goals and Objectives

34 CFR § 300.320 2

Complaint Decisions

Complaint files were reviewed for records of formal complaints filed regarding Lanesboro Public

School District (0229-01) and no formal complaints were opened during the relevant time

period.

Interviews

Online interviews were completed by building administrators, special education staff, general

education teachers, and special education paraprofessionals, with follow-up telephone and on-

site interviews completed as deemed necessary.


Federal Instructional Settings by Disability

The following table shows the distribution of students ages six through 21 receiving special education and related services across each of

the eight federal instructional settings. The federal instructional settings can be referenced using the following:

FS 1 – Outside of the regular class room less than 21 percent of the day

FS 2 – Resource room between 21 percent and 60 percent of the school day

FS 3 – Separate classroom more than 60 percent of the school day

FS 4 – Public separate day school facility greater than 50 percent of the school day

FS 5 – Private separate day school facility greater than 50 percent of the school day

FS 6 – Private residential facilities greater than 50 percent of the school day

FS 7 – Private residential facility greater than 50 percent of the school day

FS 8 – Homebound/hospital placement

Disability FS 1 CC

FS 1 Srv

FS 1 RR

FS 2 CC

FS 2 Srv

FS 2 RR

FS 3 CC

FS 3 Srv

FS 3 RR

FS 4 CC

FS 4 Srv

FS 4 RR

FS 5-8 CC

FS 5-8 Srv

FS 5-8 RR

ASD 100 100 100 0 0 0 0 0 0 0 0 0 0 0 0 DB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DCD-MM 0 0 0 100 100 0 0 0 0 0 0 0 0 0 0 DCD-SP 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DHH 100 100 100 0 0 0 0 0 0 0 0 0 0 0 0

EBD 100 100 0 0 0 0 0 0 0 0 0 0 0 0 0 OHD 100 83 0 0 17 100 0 0 0 0 0 0 0 0 0

PI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SLD 100 90 100 0 10 0 0 0 0 0 0 0 0 0 0

SLI 100 93 0 0 7 0 0 0 0 0 0 0 0 0 0 SMI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

TBI 0 0 0 100 100 0 0 0 0 0 0 0 0 0 0 VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Note: Each row will total approximately 100 percent (due to rounding) for each data source. Some cell values may have been suppressed

to protect data privacy.


Race/Ethnicity by Disability

The following table shows the distribution of students ages birth through 21 across racial/ethnic groups. The race/ethnicity can be

referenced using the following:

Amer. Indian – American Indian

Asian – Asian or Pacific Islander

Black – black, non-Hispanic

Hisp. – Hispanic, regardless of race

White – white, non-Hispanic

Disability Amer. Indian CC

Amer. Indian Srv

Amer. Indian RR

Asian CC

Asian Srv

Asian RR

Hisp. CC

Hisp. Srv

Hisp. RR

Black CC

Black Srv

Black RR

White CC

White Srv

White RR

ASD 0 0 0 0 0 0 0 0 0 0 0 0 5 5 22

DB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DCD-MM 0 0 0 0 0 0 0 0 0 0 0 0 5 3 0

DCD-SP 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DD 0 0 0 0 0 0 0 0 0 0 0 0 10 3 11

DHH 0 0 0 0 0 0 0 0 0 0 0 0 5 3 11 EBD 0 0 0 0 0 0 0 0 0 0 0 0 5 3 0

OHD 0 0 0 0 0 0 0 0 0 CSTSR

CSTSR

0 10 13 11

PI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SLD 0 0 0 0 0 0 0 0 0 CSTS

R CSTSR

0 15 24 22

SLI 0 0 0 0 0 0 0 0 0 0 0 0 40 45 22

SMI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TBI 0 0 0 0 0 0 0 0 0 0 0 0 5 3 0

VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Note: Each column will total approximately 100 percent (due to rounding) for each data source. Some cell values may have been

suppressed to protect data privacy.


Age by Disability

The following two tables show the distribution of students ages birth through 21 by disability.

Disability

0-2 CC

0-2 Srv

0-2 RR

3-5 CC

3-5 Srv)

3-5 RR

6 CC 6 Srv

6 RR

7 CC 7 Srv 7 RR

8 CC

8 Srv

8 RR

9 CC 9 Srv 9 RR

10 CC

10 Srv

10 RR

11 CC

11 Srv

11 RR

12 CC

12 Srv

12 RR

ASD 0 0 0 0 0 25 0 0 0 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 0 0

DB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DCD-MM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DCD-SP 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DD 100 0 0 0 33 25 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DHH 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50 25 0 EBD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

OHD 0 0 0 0 0 0 0 33 0 0 0 0 0 0 0 0 0 0 100 20 0 0 0 0 0 0 0 PI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

SLD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 0 0 20 0 100 25 0 50 75 100 SLI 0 0 0 100 67 50 100 67 0 100 100 0 0 0 0 100 0 0 0 40 0 0 75 0 0 0 0

SMI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TBI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Disability

13 CC

13 Srv

13 RR

14 CC

14 Srv

14 RR

15 CC

15 Srv

15 RR

16 CC

16 Srv

16 RR

17 CC

17 Srv

17 RR

18 CC

18 Srv

18 RR

19 CC

19 Srv

19 RR

20 CC

20 Srv

20 RR

21 CC

21 Srv

21 RR

ASD 0 0 0 0 0 0 33 33 100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DCD-MM 0 0 0 0 0 0 33 33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DCD-SP 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

DHH 0 0 100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EBD 0 0 0 50 33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

OHD 50 33 0 50 0 0 0 0 0 0 50 50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

SLD 50 33 0 0 33 0 0 0 0 100 50 50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SLI 0 33 0 0 33 0 0 0 0 0 0 0 0 0 0 100 100 0 0 0 0 0 0 0 0 0 0

SMI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TBI 0 0 0 0 0 0 33 33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Note: Each column will total approximately 100 percent (due to rounding) for each data source. Some cell values may have been

suppressed to protect data privacy.

Special Education Program Compliance Review Final Report ... · District Overview . Lanesboro Public School District is located in Lanesboro, a small community in southeastern Minnesota.

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