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Understanding Levels of Determination—Part B (CFR 300.603 and 604). Improving Performance to Increase Positive Results Eugene R. Thompson, Education Program Specialist, BIE/DPA. IDEA 2004—a new process for states.

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understanding levels of determination part b cfr 300 603 and 604

Understanding Levels of Determination—Part B(CFR 300.603 and 604)

Improving Performance to Increase Positive Results

Eugene R. Thompson, Education Program Specialist, BIE/DPA

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

idea 2004 a new process for states
IDEA 2004—a new process for states
  • State Performance Plan (SPP)—20 compliance and performance indicators; 15 apply to BIE (Sec. 616 (b)(2)(C)(ii)(ll)
  • Annual Performance Report (APR)—progress on each SPP indicator reported here

The SPP is the BIE’s IEP.

The APR is the annual review of the SPP.

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

where is data collected from
Where is data collected from?
  • Special education data collected from all schools to arrive at BIE performance
  • BIE submits APR to OSEP every February 1
  • OSEP makes determination of every state
    • 2011 BIE determination: Needs Assistance 2
  • BIE makes a determination for each school based on specific criteria—by June 1

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

states required to make determinations
States Required to Make Determinations
  • Sec. 515 (a)(1)(c)(i)(ii)
  • In general—the Secretary shall . . . Require states to (i) monitor implementation of this part by local educational agencies, and (ii) enforce this part in accordance with paragraph (3) and subsection (e)

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

bie s determination of schools
BIE’s Determination of Schools

Based on specific criteria:

  • Meets the requirements and purposes of IDEA
  • Needs Assistance in implementing IDEA requirements
  • Needs Intervention in implementing IDEA requirements
  • Needs Substantial Intervention in implementing IDEA requirements

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

what are the specific criteria
What are the Specific Criteria?

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

what are the specific criteria1
What are the Specific Criteria?

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

what are the specific criteria2
What are the Specific Criteria?

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

what are the specific criteria3
What are the Specific Criteria?

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

the bie picture based on sy 2009 2010 data
The BIE Picture(Based on SY 2009-2010 data)

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

indicators that were problematic source 2011 determinations
Indicators That Were Problematic(Source: 2011 Determinations)

BIE Special Education Academy September 13-15, 2011--Tampa, Florida

enforcement actions
Enforcement Actions

Schools in needs assistance for two consecutive years:

One of the following:

  • Targeted technical assistance
  • Identify school as high risk; impose special conditions

Additional actions may include:

  • Use funds for areas of improvement
  • Document TA school accessed; actions school took
  • Written notification to principal and ELO

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

enforcement action
Enforcement Action

Schools in needs intervention for three consecutive years:

One of the following:

  • CAP to correct problems in one-year
  • BIE-Operated—withhold Part B payments (whole or part)
  • Tribally Controlled Schools—Can provide notice to grantee of intent to rescind special education portion

Additional actions may include:

  • Written notification to Principal, ELO
  • Targeted technical assistance
  • Focused monitoring activities
  • Reallocate use of Part B funds to target areas needing improvement

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

stakeholder involvement
Stakeholder Involvement
  • BIE Special Education Data Summit
  • BIE Advisory Board for Exceptional Children; BIE/TCS school staff; parents
  • Provides review, comment, advice, suggestions
  • Based on involvement, changes made as appropriate for achieving high standards in BIE and school performances

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

sy 2011 2012 reminders
SY 2011-2012 Reminders
  • Amend LSPPs by September 30—improvement activities to address indicator targets
  • Evaluate improvement activities
  • Access and document sources of TA
  • Participate in webinars
  • Review Part B spending plans
  • Address needed systems change
  • Sustain meets requirements

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

continuous improvement 2011 2012
Continuous Improvement 2011-2012
  • Correct findings of noncompliance as soon as possible
  • Correctly implement the specific regulatory requirements (the practice)
  • Enter data into NASIS in real time
  • Be prepared for DPA desk audits
  • Focus on SPP Indicators to improve results

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

looking forward
Looking Forward
  • SY 2010-2011 data for 2012 APR and level of determination
  • SY 2011-2012 data for 2013 APR and level of determination
  • On-site focused monitoring visits to 58 schools—SY 2011-2012
  • Indicator 11 desk audit—November 2011
  • Indicator 13 desk audit—November 2011
  • Review of updated data through NASIS--ongoing

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida

thank you
Thank You
  • Dr. Eugene R. Thompson
  • eugene.thompson@bie.edu
  • 505-563-5394 office
  • 505-250-1365 mobile

2011 BIE Special Education Academy September 13-15, 2011--Tampa, Florida