General%20Supervision%20and%20Monitoring:%20Timely%20Identification%20

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General Supervision and Monitoring Timely
Identification Correction

• Ruth Ryder
• Rhonda Spence
• Alma McPherson

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Key Principles

• States must
• Utilize valid, reliable and timely data in the
  identification and correction of noncompliance.
• Correct measurement
• Correct year

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Key Principles (cont.)

• Ensure that all identified noncompliance is
  timely corrected.
• Report in their APRs on the correction of all
  identified noncompliance.
• Notify LEAs/EIS programs of all noncompliance
  that the State identifies.

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Part I

• IDENTIFICATION OF NONCOMPLIANCE

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Definition of a Finding

• A written notification to an LEA or EIS program
  that is generally issued less than three months
  from discovery and includes
• The States conclusion that the LEA or EIS
  program is not in compliance

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Definition of a Finding (cont.)

• The citation of the relevant regulatory or
  statutory requirement
• A description of the quantitative and/or
  qualitative data supporting the States
  conclusion and
• A statement that requires correction as soon as
  possible, but in no case later than one year from
  notification.

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Findings

• The State must make a finding of noncompliance if
  it finds any level of noncompliance with IDEA.
• The State may choose not to make a finding if an
  LEA/EIS program corrects noncompliance before the
  State notifies it in writing of the noncompliance.

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Findings

• States may choose how they will count and report
  their monitoring findings. A State may
• group individual instances in an LEA or EIS
  program involving the same legal requirement
  together as one finding or
• report each of the individual instances of
  noncompliance as a separate finding.

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Findings

• Exception each finding identified through a
  State complaint or a due process hearing must be
  counted as a separate finding.

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Database

• If the State receives data through its
• database that show noncompliance,
• the State must
• make a finding and
• require correction as soon as possible, and in no
  case later than one year after the State's
  notification.

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Database

• A State may identify one or more points in time
  during the SPP/APR reporting period when it will
  review compliance data from the database and
  identify noncompliance.

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Database

• In making compliance decisions, the State should
  then review all data that it has received since
  the last time the State examined data from the
  database and made compliance decisions.
• A State may determine whether it will examine all
  data in the database or a statewide
  representative sample.

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Part II

• CORRECTION OF NONCOMPLIANCE

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Timeline for Correction

• The timeline for correction begins on the date on
  which the State notifies an LEA or EIS program in
  writing of its finding of noncompliance.

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Timely Correction

• For a State to report noncompliance has
• been corrected, it must first
• Account for ALL noncompliance
• identified by the State
• Determine in which LEAs/EIS programs
• noncompliance occurred level of
• noncompliance in each and root cause(s)
• of the noncompliance

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Timely Correction

• if needed..
• Require change in LEAs/EIS programs
• Policies
• Procedures and/or
• Practices that contributed to or resulted in
  noncompliance

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Timely Correction

• Based on its review of updated data, and within
  one year of notifying the LEA/EIS program of
  noncompliance, determine if the LEA/EIS program
  correctly implemented the specific requirements.

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Timely Correction

• If LEA or EIS program did not timely correct
  noncompliance, the State must report in the APR
  whether there was subsequent correction
  (correction of the noncompliance after the
  one-year timeline).

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Timely Correction

• If LEA or EIS program has not subsequently
  corrected, the State must explain in the APR
• what the State has done to identify root causes
  of continuing noncompliance
• what the State is doing about the continuing
  noncompliance (including sanctions and
  enforcement)

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Timely Correction Child-Specific Noncompliance

• For child-specific noncompliance that is
• not a timeline requirement the State
• must also ensure that the LEA or EIS
• program corrected the noncompliance in
• each individual case, unless

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Timely Correction Child-Specific Noncompliance

• The requirement no longer applies or
• The child is no longer within the jurisdiction of
  the LEA or EIS program.

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Timely Correction Child-Specific Noncompliance

• To ensure correction of child-specific
• noncompliance
• The State could review all or a sample of the
  records of affected children to verify
  correction.

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Verify Correction

• To verify correction the States written notice
  to the LEA or EIS program could be issued later
  than one year from the date of the written
  findings, so long as the correction and State
  verification occurred within one year of the
  one-year timeline.