State Performance Plan

							What do the Federal Regulations Require?
   The federal regulations have been revised to
    include a number of new systems/reports
    that are intended to drive improvement
    planning and public reporting of results:

    ◦   Compliance Monitoring
    ◦   State Performance Plan
    ◦   Annual Performance Reports
    ◦   State & District Determinations
    ◦   Public Reporting
   Beginning in 2005, each State had to develop
    a State Performance Plan the details how the
    State will implement the requirements of the
    IDEA and how the State will measure
    improvement.
   The State Performance Plan must be
    submitted to the Federal Office of Special
    Education Programs for review
     and approval
   The SPP is a roadmap for Nebraska’s special
    education compliance and improvement
    efforts
   The SPP includes baseline data and
    improvement plans in each area required by
    OSEP
   the State Performance Plan must
     be revised at least once every
     6 years.
   OSEP has established “Indicators” in those
    areas most likely to impact student learning
   Each Indicator includes:
    ◦   Statement of the Indicator
    ◦   Data Sources
    ◦   Measurement
    ◦   Description of the system
    ◦   Baseline data
    ◦   Measurable and rigorous target
    ◦   Improvement activities and timelines
    ◦   Resources
Graduation             Dropout
Assessment             Suspension/expulsion
LRE                    Preschool settings
Preschool outcomes     Parent Involvement
Disproportionality     Child find
Transition C to B      Secondary Transition Goals
Post School Outcomes   Correction of Noncompliance
Complaints             Mediation
Due Process            Resolution Meetings
Timely/Accurate Data
   The SPP must be established through
    stakeholder input:
    ◦ Current targets must be reviewed
    ◦ Current activities and resources can be reviewed
    ◦ State plan must be reviewed and revised in 2011
   Districts should be aware of the priorities
    and activities established in the State
    Performance Plan for use when
    establishing local priorities and
    activities.
   The requirement of a performance report is
    not new to IDEA
   Became much more complex in the 1997 with
    addition of State Performance Plan
   Must report annually on the progress being
    made in each of the Indicators contained in
    the State Performance Plan
   The format looks very much like the State
    Performance Plan
   Must report on the state’s current level of
    performance
    ◦ Did the state hit the target?
    ◦ Was there improvement or
       slippage from last year?
    ◦ What activities did the state complete
    ◦ What was the impact of the activities
    ◦ Is there any need to revise the
    ◦ State Performance Plan
   Report includes aggregated statewide data –
    not district specific data
   Most of the data is drawn from ILCD
   The Annual Performance report is a good
    barometer of whether the state is on track for
    meeting the targets established in the State
    Performance Plan
   Annual Performance
    Report is submitted to
    OSEP in February
   OSEP uses the
    information in the APR to
    determine the State’s
    level of Performance
    (Determination)
   OSEP also aggregates the information
    contained in all of the State’s APRs and
    reports to Congress on improvement
    activities being implemented as part of the
    Individuals with Disabilities Education Act
   Reporting to Congress is facilitated by
    requiring each state to use the same format
    for submitting their APR
   The Annual Performance Report will give
    Districts a good idea of the activities that
    have happened in Nebraska during the
    previous year.
   Districts should carefully review the report to
    determine whether revisions are necessary to
    the State Performance Plan – i.e. should the
    targets be revised, should activities be
    included or deleted etc.
State Performance Plan     Annual Performance
                           Report
Six Year Plan              One Year Report
Plans for the future       Reports on the past
                           activities
Establishes State targets  Reports on progress or
                           slippage in meeting the
                           targets
Required for Parts B and C Required for Parts B and C
Public Document            Public Document
                           Used to make decisions
                           on State’s performance
                           (Determinations)
   The Federal Regulations require NDE to
    publicly report on districts’ progress in
    meeting the targets established in the State
    Performance Plan
   The report must be made within 120 days of
    NDE’s submission of the Annual Performance
    Report
   Reports must be made available
    on NDE’s website
   Annually report to the public the districts’
    performance on the targets
    ◦   Graduation           -Suspension/Expulsion
    ◦   Dropout              -LRE
    ◦   Assessment           -Parent Involvement
    ◦   Childfind            -Transition from C to B
    ◦   Disproportionality   -Secondary Transition
   The report must include the most recent data
    available on a district
   NDE is not required to report to the public
    any information:
    ◦ Which would result in the disclosure of personally
      identifiable information about individual children or
    ◦ Where the available data are insufficient to yield
      statistically reliable information
   Districts should be aware that public
    reporting is happening
   Districts should review the public reports for
    their region
   Districts should be able to respond to
    questions from the public regarding the data
    which is reported
   Annually OSEP places states in one of four
    categories:
    ◦   Meets Requirements
    ◦   Needs Assistance
    ◦   Needs Intervention
    ◦   Needs Substantial Intervention
   OSEP looks at Compliance Indicators and
    timely submission of data
   Part B – Needs Assistance
   Part C – Meets Requirements
   The state must make determinations annually
    about the performance of each LEA using the
    categories in 300.603(b)(1)

    ◦   Meets Requirements
    ◦   Needs Assistance
    ◦   Needs Intervention
    ◦   Needs Substantial intervention
   The purpose of the District Determination is:
    ◦ to focus scarce resources on those districts
      most in need of assistance; and
    ◦ Improve results for students through
      implementation of enforcement actions
   Used specific data points in isolation
    ◦   Performance on compliance indicators
    ◦   Timely submission of data
    ◦   Correction of compliance within one year
    ◦   Significant audit findings
   Using this system NDE identified 9 districts in
    the category of “Needs Assistance”
   This process lead to “false positives”
Federal Regulations require states to use
 quantifiable and qualitative indicators as
 are needed to adequately measure district
 performance in:
 1.The priority areas and;
 2.The indicators in the State Performance
   Plan.
1) Priority Areas include:
  Provision of FAPE in the LRE
  State exercise of general supervision
  Disproportionate Representation of racial and
   ethnic groups to the extent the representation
   is a result of inappropriate identification.
2) Indicators in State Performance Plan

 Graduation                       Drop out
 Statewide Assessment             Suspension/Expulsion
 LRE Placement                    Parent Involvement
 Preschool Settings               Preschool Outcomes
 *Disproportionate Representation *Disproportionate Representation
 in Special Education             in Disability Categories
 *Child Find                      *Transition from Part C to Part B
 *Secondary Transition            Post-School Outcomes
 *Correction of noncompliance     Timely/Accurate Data
   NDE is revising the process used for making
    district determinations
   Moving from a system which looks at only a
    few indicators to a system which takes into
    account all of the indicators
   As part of the District Determination process
    states must have an “enforcement” process
   As district’s performance on the targets
    decreases, the State’s intervention increases
   If a district’s performance is poor for an
    extended period of time, the State is required
    to take actions regarding
     districts’ funds.
   Matches up to the base, minimal condition or
    capability needed to achieve an objective that
    must be met or possessed
   If the district is in the category of “Meets
    Requirements” no action is required.
   Synonyms for "assistance":
     aid, assist, backing, balm, benefit,
     comfort, ease, help, lift, ministration,
     protection, reinforcement, relief, remedy,
     rescue, restorative, service, support,
     upholding,
State is Required to take one or more of the
  following actions:
 Advise district of available sources of
  Technical Assistance; and/or
 Identify the district as a high-risk
   grantee and impose special
   conditions on the district’s
   federal IDEA funds
   Synonyms for "intervention":
    ◦ Encroachment, imposition, infiltration,
      infringement, injection, interference,
      interjection, intrusion, invasion,
      stepping in, trespass,
State is Required to take one or more of the
  following actions:
 Require the district to prepare a corrective
  action plan or improvement plan; and/or
 Withhold (in whole or in part)
   any further federal funds made
   available under IDEA
   Needing extensive
    and significant
    intersession or
    involvement of
    outside sources to
    achieve the
    required standards.
   If a district is found to be in need of
    substantial intervention, the State is
    required to:
      Withhold (in whole or in part) any further
      payments of federal funds made available
      under Part B of the IDEA
State Determination                 District Determinations
Determination made by OSEP          Determination made by NDE
Must be publicly reported           No requirement for public
                                    reporting
Information obtained from the APR   Information obtained from ILCD
Categories established in Federal   Categories established in Federal
Regulations                         Regulations
Determination uses “compliance”     Determination uses all of the
indicators from APR and looks at    indicators; “compliance” and
the timely and accurate             “performance” indicators as well as
submission of data                  audit findings and timely/accurate
                                    data submission

Federal Regulations include         Federal Regulations include
sanctions for all states except     sanctions for all districts except
those that “Meet Requirements”      those that “Meet Requirements”
Public Reporting                District Determinations
Federal Requirement             Federal Requirement
Report of district data         Determined using district level
compared to the State           data compared to the SPP
Performance Plan target         target and district improvement
Must be made public - website   Not required to publicly report
Intended for transparency –     Intended to assist in focusing
informational                   resources and drive
                                improvement
                                Results in enforcement
                                action/corrective action
   Attempt to have approximately the same
    number of schools in each category as
    previous years
   Avoid “false positives”
   Make sure the category is descriptive of the
    group of schools contained within it
   Review of District Data and Proposed
    Categories!