what do the federal regulations require?. the federal regulations have been revised to include a...
TRANSCRIPT
Improvement Planning & Progress
ReportingWhat do the Federal Regulations Require?
The federal regulations have been revised to include a number of new systems/reports that are intended to drive improvement planning and public reporting of results:
◦ Compliance Monitoring◦ State Performance Plan◦ Annual Performance Reports◦ State & District Determinations◦ Public Reporting
Improvement Planning and Progress Reporting
COMPLIANCE MONITORING
State Performance Plan (SPP)
Beginning in 2005, each State had to develop a State Performance Plan the details how the State will implement the requirements of the IDEA and how the State will measure improvement.
The State Performance Plan must be submitted to the Federal Office of Special Education Programs for review
and approval
State Performance Plan (SPP)
The SPP is a roadmap for Nebraska’s special education compliance and improvement efforts
The SPP includes baseline data and improvement plans in each area required by OSEP
the State Performance Plan must be revised at least once every 6 years.
State Performance Plan (SPP)
OSEP has established “Indicators” in those areas most likely to impact student learning
Each Indicator includes:◦ Statement of the Indicator◦ Data Sources◦ Measurement ◦ Description of the system◦ Baseline data◦ Measurable and rigorous target◦ Improvement activities and timelines◦ Resources
State Performance Plan
Graduation DropoutAssessment Suspension/expulsionLRE Preschool settingsPreschool outcomes Parent InvolvementDisproportionality Child findTransition C to B Secondary Transition GoalsPost School Outcomes Correction of
NoncomplianceComplaints MediationDue Process Resolution MeetingsTimely/Accurate Data
Part B Indicators
The SPP must be established through stakeholder input:◦ Current targets must be reviewed◦ Current activities and resources can be
reviewed◦ State plan must be reviewed and revised in
2011 Districts should be aware of the priorities
and activities established in the State Performance Plan for use when
establishing local priorities and activities.
School Districts and the State Performance Plan
Annual Performance Report (APR)
The requirement of a performance report is not new to IDEA
Became much more complex in the 1997 with addition of State Performance Plan
Must report annually on the progress being made in each of the Indicators contained in the State Performance Plan
Annual Performance Report
The format looks very much like the State Performance Plan
Must report on the state’s current level of performance◦ Did the state hit the target?◦ Was there improvement or slippage from last year?◦ What activities did the state complete◦ What was the impact of the activities◦ Is there any need to revise the ◦ State Performance Plan
Annual Performance Report
Report includes aggregated statewide data – not district specific data
Most of the data is drawn from ILCD The Annual Performance report is a good
barometer of whether the state is on track for meeting the targets established in the State Performance Plan
Annual Performance Report
Annual Performance Report is submitted to OSEP in February
OSEP uses the information in the APR to determine the State’s level of Performance (Determination)
Annual Performance Report
OSEP also aggregates the information contained in all of the State’s APRs and reports to Congress on improvement activities being implemented as part of the Individuals with Disabilities Education Act
Reporting to Congress is facilitated by requiring each state to use the same format for submitting their APR
Annual Performance Report
The Annual Performance Report will give Districts a good idea of the activities that have happened in Nebraska during the previous year.
Districts should carefully review the report to determine whether revisions are necessary to the State Performance Plan – i.e. should the targets be revised, should activities be included or deleted etc.
School Districts and the Annual Performance Report
State Performance Plan
Annual Performance Report
Six Year Plan One Year Report
Plans for the future Reports on the past activities
Establishes State targets Reports on progress or slippage in meeting the targets
Required for Parts B and C
Required for Parts B and C
Public Document Public Document
Used to make decisions on State’s performance (Determinations)
SPP vs. APR
Public Reporting
Public Reporting The Federal Regulations require NDE to
publicly report on districts’ progress in meeting the targets established in the State Performance Plan
The report must be made within 120 days of NDE’s submission of the Annual Performance Report
Reports must be made available on NDE’s website
Annually report to the public the districts’ performance on the targets◦ Graduation -Suspension/Expulsion◦ Dropout -LRE◦ Assessment -Parent Involvement◦ Childfind -Transition from C to B◦ Disproportionality -Secondary Transition
Public Reporting
The report must include the most recent data available on a district
NDE is not required to report to the public any information:◦ Which would result in the disclosure of personally
identifiable information about individual children or
◦ Where the available data are insufficient to yield statistically reliable information
Public Reporting
Districts should be aware that public reporting is happening
Districts should review the public reports for their region
Districts should be able to respond to questions from the public regarding the data which is reported
Public Reporting and School Disricts
State Determinations
Annually OSEP places states in one of four categories:◦ Meets Requirements◦ Needs Assistance◦ Needs Intervention◦ Needs Substantial Intervention
State Determinations
OSEP looks at Compliance Indicators and timely submission of data
Part B – Needs Assistance Part C – Meets Requirements
State Determinations
District Determinations
The state must make determinations annually about the performance of each LEA using the categories in 300.603(b)(1)
◦ Meets Requirements◦ Needs Assistance◦ Needs Intervention◦ Needs Substantial intervention
Federal Regulations
The purpose of the District Determination is: ◦to focus scarce resources on those
districts most in need of assistance; and◦Improve results for students through
implementation of enforcement actions
District Determinations
Used specific data points in isolation◦ Performance on compliance indicators◦ Timely submission of data◦ Correction of compliance within one year◦ Significant audit findings
Using this system NDE identified 9 districts in the category of “Needs Assistance”
This process lead to “false positives”
In the Past
Federal Regulations require states to use quantifiable and qualitative indicators as are needed to adequately measure district performance in:1.The priority areas and;2.The indicators in the State Performance
Plan.
However, the federal regulations take a broader view
1) Priority Areas include: Provision of FAPE in the LRE State exercise of general supervision Disproportionate Representation of racial and
ethnic groups to the extent the representation is a result of inappropriate identification.
First Area required by Federal Regulations . . .
2) Indicators in State Performance Plan
Second Area Required by Federal Regulations . . .
Graduation Drop out
Statewide Assessment Suspension/Expulsion
LRE Placement Parent Involvement
Preschool Settings Preschool Outcomes
*Disproportionate Representation in Special Education
*Disproportionate Representation in Disability Categories
*Child Find *Transition from Part C to Part B
*Secondary Transition Post-School Outcomes
*Correction of noncompliance Timely/Accurate Data
NDE is revising the process used for making district determinations
Moving from a system which looks at only a few indicators to a system which takes into account all of the indicators
New and Improved Process
As part of the District Determination process states must have an “enforcement” process
As district’s performance on the targets decreases, the State’s intervention increases
If a district’s performance is poor for an extended period of time, the State is required to take actions regarding
districts’ funds.
District Determinations
Matches up to the base, minimal condition or capability needed to achieve an objective that must be met or possessed
Meets Requirements
If the district is in the category of “Meets Requirements” no action is required.
Meets Requirements
Synonyms for "assistance": aid, assist, backing, balm, benefit, comfort, ease, help, lift, ministration, protection, reinforcement, relief, remedy, rescue, restorative, service, support,
upholding,
Needs Assistance
State is Required to take one or more of the following actions:
Advise district of available sources of Technical Assistance; and/or
Identify the district as a high-risk grantee and impose special conditions on the district’s federal IDEA funds
“Needs Assistance” for 2 consecutive Years
Synonyms for "intervention":◦Encroachment, imposition, infiltration,
infringement, injection, interference, interjection, intrusion, invasion,
stepping in, trespass,
Needs Intervention
State is Required to take one or more of the following actions:
Require the district to prepare a corrective action plan or improvement plan; and/or
Withhold (in whole or in part) any further federal funds made available under IDEA
“Needs Intervention” for 3 or more consecutive years
Needing extensive and significant intersession or involvement of outside sources to achieve the required standards.
Needs Substantial Intervention
If a district is found to be in need of substantial intervention, the State is required to:
Withhold (in whole or in part) any further payments of federal funds made available under Part B of the IDEA
“Needs Substantial Intervention”
State Determination District Determinations
Determination made by OSEP Determination made by NDE
Must be publicly reported No requirement for public reporting
Information obtained from the APR
Information obtained from ILCD
Categories established in Federal Regulations
Categories established in Federal Regulations
Determination uses “compliance” indicators from APR and looks at the timely and accurate submission of data
Determination uses all of the indicators; “compliance” and “performance” indicators as well as audit findings and timely/accurate data submission
Federal Regulations include sanctions for all states except those that “Meet Requirements”
Federal Regulations include sanctions for all districts except those that “Meet Requirements”
State vs. District Determinations
Public Reporting District Determinations
Federal Requirement Federal Requirement
Report of district data compared to the State Performance Plan target
Determined using district level data compared to the SPP target and district improvement
Must be made public - website Not required to publicly report
Intended for transparency – informational
Intended to assist in focusing resources and drive improvement
Results in enforcement action/corrective action
Public Reporting vs. District Determinations
Defining categories in Nebraska
Attempt to have approximately the same number of schools in each category as previous years
Avoid “false positives” Make sure the category is descriptive of the
group of schools contained within it
What are we trying to accomplish with proposed categories
Review of District Data and Proposed Categories!
District Determinations