OSEPFAQIdentificationCorrection09-03-08.doc - FREQUENTLY...

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FREQUENTLY ASKED QUESTIONS REGARDING IDENTIFICATION AND CORRECTION OF NONCOMPLIANCE AND REPORTING ON CORRECTION IN THE STATE PERFORMANCE PLAN (SPP)/ANNUAL PERFORMANCE REPORT (APR) SEPTEMBER 3, 2008 Identification of Noncompliance 1. What is the definition of a “finding,” as used in Indicators C-9/B-15? As used in SPP/APR Indicators B-15 and C-9, a finding is a written notification from the State to a local educational agency (LEA) or early intervention services (EIS) program that contains the State’s conclusion that the LEA or EIS program is in noncompliance, and that includes the citation of the statute or regulation and a description of the quantitative and/or qualitative data supporting the State’s conclusion that there is noncompliance with that statute or regulation. 2. How are States to count findings in reporting their data for completing the worksheet for Indicators C-9/B-15? Each State may determine how it will count monitoring findings in order to provide a clear picture of its effectiveness in ensuring the timely correction of noncompliance. A State may choose to group individual instances in an LEA or EIS program involving the same legal requirement or standard together as one finding (except for findings identified through State complaints and due process hearings; each of those findings must be counted as a finding), or it may choose to report each of the individual instances of noncompliance as a separate finding. For example, 30 student records are examined to determine whether initial evaluations were completed within the State-established timeline, as required by 34 CFR §300.301(c). In ten of the records, the evaluation was completed beyond the State-established timeline. The State could choose whether this would represent one finding of noncompliance under §300.301(c) for the measurement in Indictor B-15, or ten findings. Similarly, a finding identified through multiple components or from multiple sources could be counted once (except for findings identified through State complaints and due process hearings), or could be counted as multiple findings. An LEA or an EIS program would have multiple findings of noncompliance for the same time period if the LEA or the EIS program is noncompliant with more than one legal requirement or standard. In this case, the total number of these findings of noncompliance (i.e., legal requirements or standards violated) should be reported rather than reporting that the LEA or the EIS program is noncompliant. Therefore, if there were six requirements for which the LEA or the EIS program had noncompliance, this would be reported as six findings. 3. Must a State make a finding of noncompliance (i.e., inform the LEA or EIS program in writing of the State’s determination that there is noncompliance) if it finds any level of noncompliance with the IDEA?
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  • Fall '17
  • William Heywood

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