BIE Special Education Academy
September 2011
Tampa Bay, Florida
Presenter: Donald Griffin
Education Specialist, Special Education
Bureau of Indian Education - Division of Performance and Accountability
Bureau of Indian Education - Division
of Performance and Accountability

All noncompliance must be identified
from all sources of compliance data
 On-site Compliance Monitoring Activity
 NASIS audit of student files
 Other—ISEP, dispute resolution, parent
concerns
◦ 100% compliance
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)
Bureau of Indian Education - Division
of Performance and Accountability
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…
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability
Other◦ ISEP audit
◦ Parent Concerns
◦ Dispute Resolution
 1 finding
 student specific item-
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability
◦ 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
Bureau of Indian Education - Division
of Performance and Accountability

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
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability

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
Bureau of Indian Education - Division
of Performance and Accountability
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
Bureau of Indian Education - Division
of Performance and Accountability

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
Bureau of Indian Education - Division
of Performance and Accountability

Contact information
Donald Griffin
1011 Indian School Road,
NW Suite 332
Albuquerque, NM 87104
Phone:
Office: (505) 563-5384
Cell: (505) 414-3677
Email:
donald.griffin@bie.edu
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