The Special Education Monitoring Process: An

Overview for Parents

Provide parents with and overview of:  Monitoring under IDEA 2004  New Jersey’s Model for General Supervision

 Monitoring Processes for NJ   Parent Participation

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  Improving educational results and functional outcomes for all children with disabilities; and

  Ensuring the public agencies meet the program requirements, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.

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34 CFR 300.600(a) requires that a state:

 Monitor the implementation of Part B  Enforce, and  Report annually on performance

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General Supervision

Monitoring

Training and

Technical Assistance

Complaints and Due

Process

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  USDOE has identified priority areas with regard to educating students with disabilities.

 States are required to report progress toward each indicator annually in the State Performance Plan (SPP). The SPP is submitted on February 1st each year.

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Indicators 1 Graduation Rates

2 Drop-Out Rates

3 Statewide Assessment

4A and 4B Discipline

5 and 6 School Age and Preschool LRE

7 Preschool Outcomes

8 Parent Involvement

9 and 10 Overrepresentation of specific racial/ethnic groups in special education

Indicators 11 Child Find (90-Day timelines for

evaluation) 12 Placement by Age 3

13 Secondary Transition

14 Post-Secondary Outcomes

15 Correction of Noncompliance

16 and 17 Complaint Investigation and Due Process Timelines

18 Hearing Requests Resolved by Resolution Sessions

19 Mediation Agreements

20 State Reported Data

NJDOE Reports Data on these areas every year.

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Indicator 3 – Statewide Assessment Evidence that districts are following state and federal law with the following: •  Discussion of whether a student will take the

regular or alternate assessment. •  Documentation of the accommodations and

modifications a student will need when taking the assessment.

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Indicators 4A and 4B – Discipline Evidence that districts are following state and federal law with the following: •  How many students with disabilities are suspended

or more than 10 days or expelled during the school year

•  Whether district personnel conduct the required meetings when a student is suspended

•  Provision of services to students when required •  Conduct a Functional Behavioral Assessment and

develop and implement a Behavior Intervention Plan when needed.

•  Review Positive Behavioral Supports initiatives implemented by the district.

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Indicator 5– Placement in the Least Restrictive Environment

Evidence that districts are following state and federal law with the following: •  discussions about placement in the least restrictive

environment have taken place •  general education with appropriate supports is

considered first when determining placement •  the entire IEP team, including parents, makes

placement decisions. •  ensure that the full-continuum of placement

options is available to students with disabilities

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Indicator 8 – Parent Involvement

Evidence that districts are following state and federal law with the following:   Parent invitations to IEP meetings   Meetings held when parents can attend   Correspondence and meetings are conducted

in the native language of the parents.   Parents receive written notice following

meetings.

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Indicators 9 and 10 – Overrepresentation of specific racial/ethnic groups in special education

Evidence that districts are following state and federal law with following:   Provision of interventions in general education prior to

a student referral to the child study team.   The interventions provided address the concerns of

parents and teachers.   Use of unbiased testing materials when conducting

child study team evaluations.   Parental involvement throughout the intervention,

referral and evaluation process.   Parental involvement in development of the IEP and

determination of student placement.

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Indicator 11– Child Find (90-Day Timelines)

Evidence that districts are following state and federal law with the following:   child study team evaluations are completed

within 90 days of receiving parental consent.

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Indicator 12– Early Childhood Transition

Evidence that districts are following state and federal law with the following:   students with disabilities have been placed in a

program by age 3.

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Indicator 13– Secondary Transition

Evidence that districts are following state and federal law with the following:   the IEP team is considering and documenting the

services, agency linkages, and courses of study a student with disabilities will need for successful outcomes when he/she leaves school.

  students are invited to their IEP meetings beginning at age 14.

  districts are inviting agency representatives to attend IEP meetings for students age 14 and above.

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 OSE conducts monitoring activities to determine compliance related to 15 of the State Performance Plan (SPP) Indicators.

 Two types of monitoring activities take place: ◦ Targeted Review ◦ Consolidated Monitoring

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  Each year data submitted by districts is reviewed to determine compliance with NJDOE targets. Data for all districts in the state are reviewed each year.

  Those districts that do not meet the targets receive one or more of the following: ◦  Report of Findings with Required Activities ◦  Development of Action Plans ◦  Onsite Visits from OSE Staff ◦  Technical Assistance

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  OSE monitors conduct onsite visits with staff from several NJDOE offices (Fiscal Accountability and Compliance, Title I, Ed Jobs) to conduct consolidated monitoring.

  A single report, issued from the Office of Fiscal Accountability and Compliance, contains all findings from the offices that participated in the consolidated monitoring.

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  Districts are selected for monitoring based on the following criteria:

  Fiscal priorities and at least one of the following: ◦  Have not been monitored by fiscal teams or OSE in

the last 3 years ◦  Have a classification rate above the state average ◦  Have been selected for LRE technical assistance

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  Districts receive a letter from NJDOE informing them of their participation in the consolidated monitoring process.

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  Prior to the onsite visit, monitors conduct a review of relevant data and information:

◦  District profiles ◦  NJSmart data ◦  School Report Card ◦  Dispute resolution ◦  District-level data ◦  Parent survey data

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  Parent Survey •  Surveys will be provided to parents of students with

disabilities for each LEA that is monitored. •  Survey will be online (e.g. Survey Monkey) •  Survey will be offered in English and Spanish

  Phone Interview with a Monitor ◦  Parents who indicate through the survey that they

wish to speak with a monitor will be contacted via phone.

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  An onsite visit is conducted by the monitoring team. The visit consists of: ◦  Interviews with district staff and administration ◦  Review of records (IEPs, CST files, discipline, etc.) ◦  Review of student-level data (work samples,

teacher-maintained data, APA portfolios) ◦  Classroom Observations ◦  Review of the continuum of placement options and

supplementary aids and services offered by the district.

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  LEAs receive a report of findings issued through the Office of Fiscal Accountability.

  The monitoring report contains: ◦  All findings of noncompliance ◦  Identification of the root cause of noncompliance ◦  Activities to correct individual instances of

noncompliance ◦  Activities to ensure ongoing compliance ◦  Required technical assistance to assist districts in

achieving ongoing compliance ◦  Timelines for completion of activities

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  Districts are required to present the consolidated monitoring report at their own district board meeting.

  Monitoring reports are public information and are posted on the NJDOE website: http://www.state.nj.us/education/finance/jobs/monitor

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  Monitoring reports include corrective action LEAs must conduct to correct noncompliance.

  All noncompliance must be corrected within 1 year of the date of the monitoring report.

  Monitors conduct verification visits to ensure completion of activities within timelines

  Technical assistance is provided to assist districts in developing on-going compliance

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  Advise the district of available technical assistance to address identified areas of need

  Require targeted technical assistance   Require development of an action plan to

address identified areas of need   Direct the use of IDEA funds under Section

611(e) of the Act on the area or areas in which the LEA needs assistance

  Identify the district as needs intervention and impose special conditions on the district’s grant under Part B of the Act.

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Pare

nts

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  Districts are notified of their selection in this process 3-4 weeks before the monitoring visit.

  Please contact your district to find out if they have been contacted by NJDOE for monitoring.

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  Contact the Special Education Parent Advisory Group in your district. Let them know you would like to be part of the process.

◦  Provide your contact information. ◦  Include full name, address, telephone number,

email address.

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  A monitoring report is issued approximately 2 months after the site visits are completed.

  Districts are required to present the report at a board meeting. o  Check the agendas for board meetings to see if the

monitoring report is up for review.   Monitoring reports are posted on the NJDOE

website. Check to see if the report for your district has been posted at: http://www.state.nj.us/education/finance/jobs/monitor

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  For each area identified as noncompliant in the report there is required corrective action.

  Corrective action will include: ◦  Required training for staff ◦  Correction of individual instances of noncompliance

– most often through the revision of a student IEP ◦  Evidence of sustained correction. ◦  Timeline for completion of all activities – generally

3-5 months

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  Districts have 1 year from the date of report to correct all noncompliance.

  What can you do? ◦  Contact your district director to find out the status

of any corrective action. ◦  Districts who have corrected all noncompliance will

receive a letter from NJDOE/OSE informing the district that the monitoring process is closed. Ask your district director for a copy of the letter.

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  The NJDOE/OSE welcomes questions that parents may have regarding the education of students with disabilities.

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