Categorical Findings of Noncompliance March 24, 2011

1. Guidance & Intensive Technical Assistance Related to Correction of Noncompliance for SY 2008-2009 Categorical Findings of Noncompliance March 24, 2011

2. Four noncompliant findings areas

3. Referral and Evaluation Assessment Procedures • Referral • Student progress in general education curriculum and grade-level standards CFR 300.311(a)(5)(i, ii) • General education interventions prior to referral CFR 300.310(b)(1) • Parent written consent for evaluation CFR 300.300(a)(ii) • Evaluation • Initial Evaluation • 60 day completion timeline requirement CFR 300.301(a)(1)(i) • 30 day IEP timeline development requirement CFR 300.323(c)(1) • Documentation of reasonable effort to obtain informed consent from the parent before the initial provision of special education and related servicesCFR 300.300(b)(1) • Re-Evaluation • Must occur every three years (unless parent and school agree evaluation not needed) CFR 300.303(b)(2) • Informed Parent consent obtained prior to conducting re-evaluation CFR 300.305(c)(1)(i) • IEP Team and other qualified professionals, determine whether the student continues to have a disability and whether the student continues to need special education and related servicesCFR 300.305(a)(2)(B)

4. Referral and Evaluation Assessment Procedures (continued) • Evaluation Assessment Process • Parent consent for evaluationCFR 300.310(b)(1) • Variety of assessment tools and strategies used CFR 300.304(b)(1) • Student is assessed in all areas of suspected disabilities CFR 300.304(c)(4) • Assessment administered by trained and knowledgeable personnel CFR 300.302(c)(iv) • Determination made by multidisciplinary team, including parents CFR 300.306(a)(1) • Evaluation reports • Report completed and kept in the student file CFR 300.306 • Copy of evaluation report given to parents CFR 300.306(a)(2)

5. Required Appropriate Participants of the IEP Team • The Parents/Student if age of majority CFR 300.321(a)(1) • School Administrator CFR 300.321(a)(4)(i,ii,iii) • Qualified to provide or supervise the provision of specially designed instruction, knowledgeable about the general education curriculum and the availability of resources and can commit funds • Not less than one special education teacher CFR 300.321(a)(3) • Not less than one general education teacher CFR 300.321(a)(2) • Individual who can interpret test results and instructional implications CFR 300.321(a)(5)

6. IEP Content • Current student IEP is in student file CFR 300.323(a) • Present Level of Academic Achievement and Functional Performance (PLAAFP) CFR 300.320(a)(1)(i) • Measurable annual goals CFR 300.324(a)(2)(i) • Short-term objectives CFR 300.320(a)(2)(B)(ii) • Parents informed of student progress toward the annual goals achievement CFR 300.320(a)(3)(i,ii) • Accommodations in administration of state or school wide assessments CFR 300.320(a)(6)(i) • Accommodations and supports in general education and special education classrooms CFR 300.320 (a)(4) • Special education and related services, and supplementary aids and services CFR 300.320(a)(4)

7. IEP Content (continue) • IEP Considerations • Positive behavior interventions and supports CFR 300.324(a)(2)(i) • Extended school year CFR 300.106 • Assistive Technology devices and services CFR 300.324(a)(2)(v) • Physical impairment needs CFR 300.324(a)(2)(iii) • NIMAS CFR 300.172

8. Transition Services • Students 16 or older, or will turn 16 during the duration of the IEP, appropriate measureable post-secondary CFR 300.320(b)(1) • Measureable post-secondary goals updated annually CFR 300.320(b) • Measureable post-secondary goals based on age appropriate transition assessments CFR 300.320(b)(1) • Transition services that will reasonably enable the student to meet his/her post-secondary goals CFR 300/320(b)(2) • Course of study that will reasonably enable the student to meet his/her post-secondary goals CFR 300.321(b)(2)

9. Transition Services (continue) • Student invited to meeting when transition services were discussed CFR 300.321(b)(1) • If appropriate, a representative of any participating agency was invited to the IEP meeting with prior consent of the parent(s) or student who has reached the age of majority CFR 300.321(b)(3) • NLT one year before the student reaches the age of majority under State law, student is informed of his/her rights on reaching the age of majority CFR 300.320(c) • A Summary of Performance (SOP) is provided to students who graduate with a regular diploma or age out when reaching maximum age CFR 300.305(e)(3)

10. INSANITY -do the same thing over and over, and expect to get different results. It might be time to try another approach. Let’s get to the Root Cause.

11. Problem Solving Approach

12. Problem Solving Approach Referral and Evaluation Assessment Procedures

13. Problem Solving Approach Participants on the IEP Team

14. Problem Solving Approach IEP Content

15. Problem Solving Approach Transition Services

16. Important Reminders • Week of April 18, 2010 • Sampling Review of NASIS IEP Student Files • Current student files (December 1, 2010-April 18,2011 • Lock IEPs • After parent has signed • Scan and upload IEP supporting documentation • NASIS Special Education Process Guide • http://www.bie.edu/idc/groups/xbie/documents/document/idc013276.pdf • Continual update of NASIS information • Real-time accurate data

17. Contact Information • Correction of Noncompliance Findings • Donald Griffin • Email: donald.griffin@bie.edu; Phone: (505) 563-5384 • Dr. Eugene Thompson • Email: eugenethompson@bie.edu; Phone: (505) 563-5394 • Root Cause Analysis • Dr. Marilyn Johnson • Email: marilyn.johnson@bie.edu; Phone: (505) 563-5273