bie special education academy september 2011 tampa bay, florida presenter: donald griffin education...

BIE Special Education AcademySeptember 2011

Tampa Bay, Florida

Presenter: Donald GriffinEducation Specialist, Special Education

Bureau of Indian Education - Division of Performance and Accountability


• A finding is a written notification from the BIE-DPA to a School that contains the BIE-DPA’s conclusion that the school is in noncompliance, and includes the citation of the statute or regulation and a description of the quantitative and/or qualitative data supporting the BIEs conclusion that there is noncompliance with the statute or regulation (SPP/APR Indicator B-15)


It is systemic and not child-specific. Although findings are in larger categories, the subparts have to be corrected at 100% within one-year of identification.(Source: BIE Annual Performance Report)

Focused Monitoring• 8 findings categories

• subparts within each category Example…


B13 Desk Audit – Secondary Transition• 1 finding category

• multiple items within the category Example…

•Findings will be systemic and not student specific Example…

B11 Desk Audit – Timely Initial Evaluation ◦1 finding

student specific item- 60 day timeline requirement


Other-◦ISEP audit◦Parent Concerns◦Dispute Resolution 1 finding

student specific item-


Required BIE-DPA Responsibility:

Provide to the School Written Notification of Noncompliance as soon as possible after BIE-DPA concludes the school has noncompliance or 100% compliance

Require the School to correct noncompliance as soon as possible and no later than one-year of written notification

One-year timeline starts day written notification issued to the School concluding the School is in noncompliance


Required School Responsibility: Develop and implement a Corrective Action Plan

(CAP) that:

◦Corrects student specific item of noncompliance as soon as possible and no later than one-year of written notification

◦Correctly implement the specific regulatory

requirements of the IDEA 2004, based upon BIE review of updated data


◦ Individual student corrections to ensure Free Appropriate Public Education (FAPE) as soon as possible Re-do IEP Amendment of IEP Service delivery on the IEP

◦ Processes that may be needed for schools to correctly implement specific regulatory requirements of IDEA 2004 Root Cause Analysis LSPP Improvement Activities that address SPP indicator targets Change Policy and Procedures Training


If the School has corrected individual items of noncompliance and is correctly implementing the specific regulatory requirements based on review of updated data, the BIE can verify correction of noncompliance

If the School has corrected individual items of noncompliance and is not correctly implementing the specific regulatory requirements based on updated data, the BIE cannot verify correction of noncompliance—findings remain


Required BIE-DPA Responsibility:

The BIE-DPA will verify that each School identified with noncompliance finding(s):

◦ Corrects each student specific items of noncompliance at 100% compliance

◦ Correctly implements the specific regulatory requirements of IDEA 2004 based upon review of updated data Verification of Correction finding within 1 year timeline Verification of Correction finding beyond 1 year timeline


Intensive Technical Assistance includes:

Mandatory Webinar Trainings for Schools identified with continued noncompliance

Schools that will be affected-◦Not correcting student specific items of noncompliance within one-year of notification and/or;

◦Not correctly implementing the specific regulatory requirements of IDEA 2004, based upon review of updated data


BIE-Operated Schools—◦ Notification of Associate Deputy Directors (East, Navajo, or

West), Education Line Officers, and School Administrator◦ DPA staff contact assigned to assist in close-out of corrections ◦ School develops a plan for correction of noncompliance◦ On-site Fiscal Monitoring audit◦ Incremental disbursement of Part B funds

Tribally Controlled Schools—◦ Notification of Associate Deputy Directors (East, Navajo, or

West), Education Line Officers, School Administrators, and Grantee

◦ DPA staff contact assigned to assist in close-out of corrections ◦ School develops a plan for correction of noncompliance◦ On-site Fiscal Monitoring audit◦ Incremented disbursement of Part B funds


Timely and Accurate Reporting NASIS Special Education Module Data

Real time updates of data Lock IEPs Scan/Upload Signature/Date Documents

NASIS Special Education Process Guide

◦ BIE/DPA requested data Corrective Action Plan B11 school initial evaluation identification form Other


Correct student specific items of noncompliance (FAPE), as soon as possible

IEP reviews for accuracy and regulatory compliance Re-do/Amend IEPs Ensure provision of services identified in IEPs

Correctly implement specific regulatory requirements of IDEA 2004

Root Cause Analysis Change Policy and Procedure


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Contact informationDonald Griffin1011 Indian School Road, NW Suite 332Albuquerque, NM 87104Phone:Office: (505) 563-5384

Cell: (505) 414-3677Email: [email protected]