Welcome to the 2008-2009 Regional SPR&I trainings Be sure to sign in Be sure to sign in You should have one school age OR EI/ECSE packet of handouts You.

Welcome to the 2008-2009 Welcome to the 2008-2009 Regional SPR&I trainingsRegional SPR&I trainings Be sure to sign inBe sure to sign in You should have You should have oneone school school

age age OROR EI/ECSE packet of EI/ECSE packet of handoutshandouts

School age and EI/ECSE will School age and EI/ECSE will break out after introductionsbreak out after introductions

Lots of information to cover in Lots of information to cover in one day so breaks and lunch will one day so breaks and lunch will need to be held to time allowedneed to be held to time allowed

PDU Certificates will be handed PDU Certificates will be handed out at the end of the dayout at the end of the day

School Age Agenda:School Age Agenda: Final DeterminationsFinal Determinations General Supervision: System and General Supervision: System and

procedural changesprocedural changes B5 LRE: Process, data analysis & B5 LRE: Process, data analysis &

improvement planningimprovement planning 79 districts flagged due to 07-08 data79 districts flagged due to 07-08 data

B4, 9 & 10 disproportionality: B4, 9 & 10 disproportionality: Process, data analysis & Process, data analysis & improvement planningimprovement planning 52 districts B452 districts B4 4 districts B9 only, 4 districts B9 only, 40 districts B10, 40 districts B10, 9 districts both B9 and 109 districts both B9 and 10

Agenda continuedAgenda continued

Transition B13Transition B13 PCR B15: Process PCR B15: Process

New review formNew review form Corrective action documentCorrective action document Individual versus systemic Individual versus systemic

noncompliancenoncompliance Technical assistance, district Technical assistance, district

team supportteam support

Packets: Packets:

Color coded by sectionColor coded by section Follows agendaFollows agenda Slides refer to handoutsSlides refer to handouts Additional resources included Additional resources included

after training evaluation after training evaluation documentdocument

Final Determinations Final Determinations FFY 2006FFY 2006

2008-2009 SPR&I Training2008-2009 SPR&I Training

Oregon: From “Meets Requirements” Oregon: From “Meets Requirements” to “Needs Assistance”to “Needs Assistance”

Why?Why? B15 - 81.72% of (2005-2006) B15 - 81.72% of (2005-2006)

noncompliance corrected within noncompliance corrected within one yearone year

B13 - 92%B13 - 92% B4 - Two tier process “worksheet” B4 - Two tier process “worksheet”

required revision by OSEP and required revision by OSEP and identification of 38 districts with a identification of 38 districts with a significant discrepancy showed significant discrepancy showed slippageslippage

OSEP Requirements of States OSEP Requirements of States

States are required to make “Determinations” States are required to make “Determinations” annually on the performance of LEAs/EIS annually on the performance of LEAs/EIS programs [IDEA 616(d) relates to determinations; programs [IDEA 616(d) relates to determinations; 616(e) relates to enforcement actions]616(e) relates to enforcement actions]

States must use the same four categories as States must use the same four categories as OSEP in making Determinations of the status of OSEP in making Determinations of the status of local programs. These categories are: local programs. These categories are:

Meets RequirementsMeets Requirements Needs AssistanceNeeds Assistance Needs Intervention Needs Intervention Needs Substantial InterventionNeeds Substantial Intervention

States must consider… Performance on compliance indicators

Part B: 9, 10, 11, 12, 13 Whether data submitted by LEAs are valid,

reliable, and timely; Uncorrected noncompliance from other sources

(file reviews, legal findings); and Any audit findings

OSEP Requirements of States OSEP Requirements of States [cont.][cont.]

Issues for States to ConsiderIssues for States to Consider

Ensuring fairness, equity, and transparency Ensuring fairness, equity, and transparency Deciding the criteria to be used Deciding the criteria to be used Involving stakeholdersInvolving stakeholders Deciding if Determinations will be reported publiclyDeciding if Determinations will be reported publicly Determining an appeals policyDetermining an appeals policy Determining how State resources will be allocated Determining how State resources will be allocated

for each of the Determinations categoriesfor each of the Determinations categories

General Supervision TimelineGeneral Supervision Timeline

Feb 2008: ODE submitted FFY Feb 2008: ODE submitted FFY 2006 APR to OSEP including:2006 APR to OSEP including: 2006-2007 PCR including second year 2006-2007 PCR including second year

noncompliance (2005-2006) that was still noncompliance (2005-2006) that was still uncorrecteduncorrected

*KPI data*KPI data April 2008: ODE publicly reported April 2008: ODE publicly reported

district/program performance in district/program performance in special education report cardspecial education report card

General Supervision TimelineGeneral Supervision Timeline April 2008: Districts submitted 07-08 April 2008: Districts submitted 07-08

PCR dataPCR data Targeted file review consisted of 11 standards of Targeted file review consisted of 11 standards of

general supervision, and previous general supervision, and previous noncompliance from 2006-2007 noncompliance from 2006-2007

Districts also submitted worksheet analysis on Districts also submitted worksheet analysis on B3 AssessmentB3 Assessment

May – August 15th 2008: County May – August 15th 2008: County Contacts collected evidence of Contacts collected evidence of correction for:correction for: Any remaining second year noncompliance from Any remaining second year noncompliance from

05-0605-06 First year noncompliance from 06-07 First year noncompliance from 06-07 Newly identified noncompliance from 07-08 if Newly identified noncompliance from 07-08 if

districts were able to correct it or corrected it at districts were able to correct it or corrected it at the time of submissionthe time of submission

How Oregon Calculated How Oregon Calculated Final Determinations for FFY 2006Final Determinations for FFY 2006 Noncompliance identified in 2006-2007 Noncompliance identified in 2006-2007

that was not corrected within one yearthat was not corrected within one year All districts/programs got to 100% All districts/programs got to 100%

compliance for 05-06!!!compliance for 05-06!!! Compliance Indicators B9, 10, 11 & 13Compliance Indicators B9, 10, 11 & 13

B9 & 10 – DisproportionalityB9 & 10 – Disproportionality B11: Child FindB11: Child Find B13: Transition goals and services B13: Transition goals and services

Timely and accurate submission of Timely and accurate submission of datadata SECCSECC Special Education ExitSpecial Education Exit Child Find Child Find

Final Determinations MatrixFinal Determinations Matrix Meets Requirements:Meets Requirements:

95% or better correction of noncompliance 95% or better correction of noncompliance across PCR and compliance indicators (100% across PCR and compliance indicators (100% for 9 & 10)for 9 & 10)

If less than 95% in one, at least 90%If less than 95% in one, at least 90% Timely and Accurate: 2 out of 3, no single Timely and Accurate: 2 out of 3, no single

collection both untimely and inaccuratecollection both untimely and inaccurate Needs Assistance:Needs Assistance:

Between 50-94% correction of noncompliance Between 50-94% correction of noncompliance across PCR and compliance indicators (100% across PCR and compliance indicators (100% for 9 & 10)for 9 & 10)

Timely and Accurate: 1 out of 3, no single Timely and Accurate: 1 out of 3, no single collection both untimely and inaccuratecollection both untimely and inaccurate

Needs Intervention:Needs Intervention: Less than 50% correction of noncompliance for Less than 50% correction of noncompliance for

PCR or any compliance indicator PCR or any compliance indicator (noncompliance with 9 or 10)(noncompliance with 9 or 10)

All 3 collections untimely or inaccurate, or any All 3 collections untimely or inaccurate, or any single collection both untimely and inaccuratesingle collection both untimely and inaccurate

Looking at Correction of Looking at Correction of Noncompliance for B11Noncompliance for B11 ODE started with Child find data districts ODE started with Child find data districts

submitted for 06-07submitted for 06-07 If less than 95%, looked at 07-08 If less than 95%, looked at 07-08

submission for improvement or slippagesubmission for improvement or slippage Used % change from 06-07 to 07-08 to Used % change from 06-07 to 07-08 to

determine the number of evaluations in determine the number of evaluations in compliance (from June 08 going back) out compliance (from June 08 going back) out of number of evaluations completed (07-of number of evaluations completed (07-08)08)

If district met the number of evals needed, If district met the number of evals needed, evidence of correction was provided and evidence of correction was provided and 100% stated on determination summary100% stated on determination summary

If district did not meet the number of If district did not meet the number of evaluations needed, original 06-07 evaluations needed, original 06-07 compliance % was used for final compliance % was used for final determinationsdeterminations

Looking at Correction of Looking at Correction of Noncompliance for B13Noncompliance for B13 ODE started with PCR review of ODE started with PCR review of

transition standards from 06-07transition standards from 06-07 These 3 standards require individual These 3 standards require individual

files to be correctedfiles to be corrected Districts that sent in evidence that Districts that sent in evidence that

individual files are corrected by individual files are corrected by August 15August 15thth received credit for received credit for correction to 100% for this indicatorcorrection to 100% for this indicator

New PCR review process (student New PCR review process (student by student) will allow for more by student) will allow for more transition standards to be monitored, transition standards to be monitored, and assist with tracking individual file and assist with tracking individual file correctionscorrections

Determination PacketsDetermination Packets

ODE GuidanceODE Guidance Determinations RubricDeterminations Rubric Notifications and Standards Notifications and Standards

IdentificationIdentification District Summary SheetDistrict Summary Sheet

Meets Requirements-Meets Requirements-Enforcement Enforcement ActionsActions((Each year ODE determines that a district Meets Requirements it will Each year ODE determines that a district Meets Requirements it will consider taking one or more of the following actions)consider taking one or more of the following actions)

ODE determines district has met all ODE determines district has met all requirements and no further action is requirements and no further action is required; required;

ODE offers technical assistance at ODE offers technical assistance at the request of the district; orthe request of the district; or

ODE identifies district as in need of ODE identifies district as in need of support in implementing the support in implementing the requirements within the timelines, requirements within the timelines, which may include, but is not limited which may include, but is not limited to, focused monitoring activities.to, focused monitoring activities.

ODE is not restricted from utilizing ODE is not restricted from utilizing any other authority available to it to any other authority available to it to monitor and enforce the requirements monitor and enforce the requirements of Part B of Part B

Needs Assistance-Needs Assistance-Enforcement Enforcement ActionsActions ((After 2 consecutive years the ODE is required to take one After 2 consecutive years the ODE is required to take one or more of the following enforcement actions)or more of the following enforcement actions)

Advises the district of available technical Advises the district of available technical assistance to address the areas in which it assistance to address the areas in which it needs assistanceneeds assistance

Direct the use of district - level funds under Direct the use of district - level funds under section 611(e) of the Act on the area or areas section 611(e) of the Act on the area or areas in which the State needs assistance.in which the State needs assistance.

Prohibit the district from reducing the Prohibit the district from reducing the district’s/program’s maintenance of effort district’s/program’s maintenance of effort under 34 CFR §300.203 for any fiscal yearunder 34 CFR §300.203 for any fiscal year

Identify the district as a high-risk grantee and Identify the district as a high-risk grantee and impose special conditions on the district’s impose special conditions on the district’s grant under Part B of the Act. [34 CFR grant under Part B of the Act. [34 CFR 300.604(a)] [20 U.S.C. 1416(e)(1)]300.604(a)] [20 U.S.C. 1416(e)(1)]

ODE is not restricted from utilizing any other ODE is not restricted from utilizing any other authority available to it to monitor and authority available to it to monitor and enforce the requirements of Part Benforce the requirements of Part B

NA II:NA II:

ODE will be contacting the ODE will be contacting the districts to set up a meeting to districts to set up a meeting to formalize NAII status and formalize NAII status and required follow uprequired follow up Advise districts of available Advise districts of available

sources of technical assistance to sources of technical assistance to address areas on which the address areas on which the district needs assistance district needs assistance

Needs Intervention-Needs Intervention-Enforcement Enforcement ActionsActions ((After 3 consecutive years the ODE is required to take one or more After 3 consecutive years the ODE is required to take one or more of the following enforcement actions)of the following enforcement actions)

The ODE may take any of the actions described in 34 The ODE may take any of the actions described in 34 CFR 300.604(a) (Needs Assistance).CFR 300.604(a) (Needs Assistance).

Requires the district to prepare a corrective action plan Requires the district to prepare a corrective action plan or improvement plan.or improvement plan.

For each year of the determination, withhold not less For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the than 20 percent and not more than 50 percent of the district’s funds under section 611(e) of the Act, until the district’s funds under section 611(e) of the Act, until the ODE determines the district has sufficiently addressed ODE determines the district has sufficiently addressed the areas in which the district/program needs the areas in which the district/program needs intervention.intervention.

Seek to recover funds under section 452 of GEPA.Seek to recover funds under section 452 of GEPA. Withhold, in whole or in part, any further payments to the Withhold, in whole or in part, any further payments to the

district under Part B of the Act. [34 CFR 300.604(b)] [20 district under Part B of the Act. [34 CFR 300.604(b)] [20 U.S.C. 1416(e)(2)]U.S.C. 1416(e)(2)]

ODE is not restricted from utilizing any other authority ODE is not restricted from utilizing any other authority available to it to monitor and enforce the requirements of available to it to monitor and enforce the requirements of Part B Part B

Needs Substantial InterventionNeeds Substantial Intervention

ODE reserves the right to identify ODE reserves the right to identify a district as Needs Substantial a district as Needs Substantial Intervention if its substantial failure Intervention if its substantial failure to comply significantly affected the to comply significantly affected the core requirements of the program, core requirements of the program, such as the delivery of services to such as the delivery of services to children with disabilities or the children with disabilities or the district’s exercise of general district’s exercise of general supervision, or if the district supervision, or if the district informed the ODE it was unwilling informed the ODE it was unwilling to comply.to comply.

Maintenance of Effort (MOE)Maintenance of Effort (MOE)

If an SEA determines that an LEA If an SEA determines that an LEA is not meeting the requirements of is not meeting the requirements of Part B of the Act, including the Part B of the Act, including the targets in the SPP, the SEA must targets in the SPP, the SEA must prohibit the LEA from reducing the prohibit the LEA from reducing the LEA’s maintenance of effort under LEA’s maintenance of effort under 34 CFR §300.203 for any fiscal 34 CFR §300.203 for any fiscal yearyear

How do we “measure” the one How do we “measure” the one year timeline for correction?year timeline for correction?

When the ODE notifies the When the ODE notifies the district in writing of the district in writing of the noncompliancenoncompliance

When the ODE notifies the When the ODE notifies the district and documents in writing district and documents in writing that the noncompliance is that the noncompliance is correctedcorrected

This occurs in August with Final This occurs in August with Final Determinations informationDeterminations information

Timing of enforcements Timing of enforcements actionsactions Are enforcement actions sequential?Are enforcement actions sequential?

No, the enforcement actions are not sequentialNo, the enforcement actions are not sequential Must ODE wait two (Must ODE wait two (needs needs

assistanceassistance) or three () or three (needs needs interventionintervention) years before taking ) years before taking enforcement action?enforcement action? Under section 616(g) of the Act, the ODE may at Under section 616(g) of the Act, the ODE may at

any time utilize any authority under the General any time utilize any authority under the General Education Provisions Act (GEPA) to monitor and Education Provisions Act (GEPA) to monitor and enforce the requirements of IDEA, regardless of enforce the requirements of IDEA, regardless of the determinations made of the the determinations made of the district’s/program’s status under section 616(d) district’s/program’s status under section 616(d) of the Act. of the Act.

FFY 2005 Determination DistributionFFY 2005 Determination Distribution

10 districts10 districts 5%5%

71 districts71 districts 35%35%

119 districts119 districts 60%60%

FFY 2006 Determination DistributionFFY 2006 Determination Distribution

2 districts2 districts 1%1%

13 districts13 districts 7%7%

181 districts181 districts 92%92%

What are ODE’s expectations What are ODE’s expectations for districts?for districts?

Develop and sustain a system Develop and sustain a system that allows you to:that allows you to: Identify noncomplianceIdentify noncompliance Correct noncompliance at Correct noncompliance at

individual and systemic levelsindividual and systemic levels Improve the process and system Improve the process and system

to ensure desired outcomesto ensure desired outcomes

ODE On-going OversightODE On-going Oversight Will continue to focus on Will continue to focus on

performance and complianceperformance and compliance Will primarily identify districts for Will primarily identify districts for

focused monitoring by looking at focused monitoring by looking at continued noncompliance and continued noncompliance and performance against the targetsperformance against the targets

Other data sources such as legal Other data sources such as legal issues and audits may also be issues and audits may also be usedused

Take AwaysTake Aways Identification of noncompliance through Identification of noncompliance through

SPR&I is not what determines your statusSPR&I is not what determines your status Lack of documented and verified Lack of documented and verified

evidence of correction of noncompliance evidence of correction of noncompliance and sustained compliance over time will and sustained compliance over time will drive focused monitoring effortsdrive focused monitoring efforts

Future determinations will likely include a Future determinations will likely include a comprehensive review of compliance and comprehensive review of compliance and performance indicators as well as timely performance indicators as well as timely and accurate submission of dataand accurate submission of data