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

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SPECIAL EDUCATION COMPLIANCE TIERED MONITORING: CORRECTIVE ACTION PLAN (CAP) TRAINING COHORT 1 Missouri Department of Elementary and Secondary Education – PowerPoint PPT presentation

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


1
Special Education Compliance Tiered
Monitoring Corrective Action Plan
(CAP)TrainingCohort 1
  • Missouri Department of
  • Elementary and Secondary Education

October 5, 2015
2
Corrective Action Plans Year
Watch CAP Year Webinar / Receive SpEd Program
Review Report mid-Sept
Create Plan for Correction in IMACS using Rubric
Nov 1 or sooner
Onsite Monitoring conducted Nov - April
Submit Documentation to Clear I-CAPs - Dec 31 or
sooner
Submit Follow-up Timelines March 20 or sooner
Submit Samples of Correction to clear CAPs and
document in IMACS - Apr 1 or sooner
ALL noncompliance cleared within 1 year of SpEd
Program Review Report
No
Yes
Monitoring Complete for the Cycle
Sanctions Determined
3
Onsite Monitoring (if selected)
  • ALL Selected Onsite LEAs
  • Highly Qualified Teachers (100.470.a-e)
  • Paraprofessional Training (100.280)
  • Implementation of the IEP (200.960)
  • Services / Least Restrictive Environment
  • Accommodations
  • Discipline Procedures (300s indicators)
  • IF APPLICABLE for Selected Onsite LEAs
  • Speech implementer model
  • Juvenile Justice Centers
  • ECSE

4
The Two Prongs of Correction
Type of Correction WHY HOW
INDIVIDUAL Correct the identified individual student noncompliance (if possible) Provide copies of the correction(s)
SYSTEMIC Show subsequent compliance for the identified noncompliance Provide five (5) copies of compliant documentation
5
Questions about . . .
  • Plan for Correction
  • I-CAP
  • Timeline Submission
  • Evidence of Correction

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


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

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

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

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

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

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

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

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

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

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

17
Timeline Submission Questions
  • Q A student was referred from First Steps less
    than 90 days prior to the childs 3rd birthday.
    Why isnt this an acceptable reason to having
    the IEP in place by the childs 3rd birthday?

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

19
Evidence of Correction Questions
  • Q We are a small school. What if we dont have
    enough files to submit five additional samples
    showing evidence of compliance with the
    indicator?

20
Evidence of Correction Questions
  • Q We are a small school. What if we dont have
    enough files to submit five additional samples
    showing evidence of compliance with the
    indicator?
  • A In this situation, you will need to contact
    your compliance supervisor to discuss options for
    your specific circumstances. Generally, the LEA
    is required to submit multiple files showing
    evidence of compliance. In rare cases when the
    LEA has no opportunity to demonstrate compliance,
    the Department uses an
  • assurance statement process.

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

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

23
LIVE Questions . . .

24
Corrective Action Plans Training (Year 2) for
Cohort 1


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