Federated States of Micronesia
Department of Education
Special Education Program
Special Education Program
Continuous Improvement Monitoring System (CIMS)
Findings of Non-Compliance and Required Actions
STATE: Kosrae
Monitoring Visit Date: May 17-21, 2010
DETERMINATION LEVEL: Meets Requirements
Kosrae State - Findings of Non-Compliance and Corrective Actions
May 17-21, 2010
1
STATE: Kosrae
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
Special Education Monitoring - Findings of Non-Compliance and Required Actions
Area
Finding
Required Corrective Actions
Status
K0901 – IEP must
include: (34 CFR
§300.320(a)(4) A
statement of the
special education and
related services and
supplementary aids
and services, based on
peer-reviewed
research to the extent
practicable, to be
provided to the child,
or on behalf of the
child, and a statement
of the program
modifications or
supports for school
personnel that will be
provided to enable the
child [(34 CFR
§300.320(a)(4)]
5.15.09 – The Monitoring Team reviewed 20 special
education folders and determined the 15 out of the 20 did
not have properly stated Special Education Services to be
provided and/or incomplete information concerning
“frequency, duration, and location” of the service to be
provided.
5.15.09 – KDOE Special Education program
must review existing practices regarding the
completion of IEPs especially regarding the
Special Education Services, Frequency,
Duration, and Location of the services section
of the IEP. This information must be specific.
KDOE must conduct training for supervisors
and special education teachers in this area by
August 15, 2009. Copies of Agenda, Training
Materials, and Sign In Sheets must be
transmitted to NDOE to correct this item of
non compliance.
5.21.10 – Corrected
within One Year - The
Monitoring Team reviewed
documentation verifying
that KDOE conducted
training for special
education supervisors and
teachers specifically
related to specifying
Special Education Services
within IEPs. The training
was focused on how to
correctly describe
Frequency, Duration, and
Location of services. The
training was held during
the Summer training in
2009. The team was
concerned whether or not
the training was sufficient
to ensure all IEPs were
being completed correctly
and decided to focus on
this area in the review of
IEPs during the current
monitoring visit.
K0902 – General
Supervision and
Case Management
§300.149(a)&(b)[SEA
responsibility for
general supervision]
(a) The SEA is
responsible for
ensuring—
5.15.09 – The Monitoring Team reviewed 20 special
education folders and determined that there were forms
in each folder reviewed that had not been fully
completed. In some cases, the Consent for Placement
form had the parent signature but failed to have the
appropriate box checked. This is an indication that the
data on completed forms is not being verified prior to
being entered into the SITS data system.
5.15.09 - KDOE Special Education must
further develop their Action Plan for Case
Review to include specific steps to verify and
ensure that the data on all forms is completed
accurately and in a timely manner prior to
being entered into the SITS data system.
5.21.10 – Corrected
within One Year – The
Monitoring Team reviewed
and verified that revisions
were made to the Case
Review Action Plan and
that there was a specific
procedure in place to
ensure that all special
education records were
Additionally, several records did not have a current IEP
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
It is critical that the Monthly Supervisor’s
Meeting scheduled to review cases also
includes the verification of all data.
May 17-21, 2010
2
STATE: Kosrae
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
(1) That the
requirements of this
part are carried out;
and
(2) That each
educational program
for children with
disabilities
administered within
the State, including
each program
administered by any
other State or local
agency (but not
including elementary
schools and secondary
schools for Indian
children operated or
funded by the
Secretary of the
Interior)—
(i) Is under the
general supervision of
the persons
responsible for
educational programs
for children with
disabilities in the
SEA; and
(ii) Meets the
educational standards
of the SEA (including
the requirements of
this part).
that documented an Annual Review of Placement IEP.
This was also an indication that there was insufficient
case management oversight to ensure all active IEP
students receive an Annual Review of Placement.
K0903 – IEP must
include: (34 CFR
§300.320(a)(4) A
5.15.09 - The Monitoring Team found that 5 out of 5
records reviewed for eligible students attending Kosrae
High School did not have Transition Plans as part of their
The Team noted improved case management procedures
by the number of cases that met the 60 day timeline for
completion of eligibility.
Steps must also be added to ensure that all
required timelines, including Annual Review
of Placement and Three Year Reevaluation
are also reviewed for each case during
Supervisor’s Meetings the ensure the
Meetings are conducted in a timely manner.
KDOE must submit the revised Case Review
Action Plan to NDOE within thirty days.
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
5.15.09 – KDOE Special Education must
schedule Review of Placement Meetings for
all eligible students with IEPs age 14 and
reviewed for accuracy
prior to being entered into
the SITS data system. A
copy of the revised
procedure is provided in
the monitoring folder. The
team will verify that the
procedures are being
implemented.
5.21.10 – Corrected
within One Year - The
Monitoring Team found
May 17-21, 2010
3
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
STATE: Kosrae
statement of the
special education and
related services and
supplementary aids
and services, based on
peer-reviewed
research to the extent
practicable, to be
provided to the child,
or on behalf of the
child, and a statement
of the program
modifications or
supports for school
personnel that will be
provided to enable the
child [(34 CFR
§300.320(a)(4)]
K0904 – General
Supervision and
Data Management
IEPs.
5.15.09 – The Monitoring Team found that the SITS data
system was not being fully implemented. Technical
Assistance was provided to ensure that the system was
properly working. Efforts must be made to ensure that
the SITS data system is fully implemented and that all
Active and Pending cases are entered into the system.
This will allow the special education program to
effectively manage special education cases from initial
referral through IEP development, Review of Placement
and Three Year Reevaluations.
5.15.09 – KDOE must ensure that all Active
and Pending Special Education students are
entered into the SITS data system by June 30,
2009. Correction of this item of non
compliance will be verified by NDOE by
accessing KDOE data through the system.
KDOE must provide a progress report within
their next Quarterly Progress Report.
K10-01 – IEP must
include: (34 CFR
§300.320(a)(4) A
statement of the
special education and
related services and
supplementary aids
5.21.10 - The Monitoring Team reviewed 19 special
education folders and determined the 2 out of the 19 had
made determinations that the students needed Extended
School Year (ESY) services. However, the ESY services
were not described within the IEP. Additionally, 7 out of
19 records did not clearly describe special education
services to be delivered and/or incomplete information
5-21-10 – KDOE must correct the IEPs
identified in the attached Child Record
Review Summary related to ESY Services
and clear descriptions of special education
programs and services as noted. Copies of the
corrected IEPs must be included in the
Quarteerly Progress Report. A total of 9 IEPs
It was noted that the IEPs were excellent. However, there
were no required Transition Plans. All eligible students
age 14 and above must have a Transition Plan as part of
their IEP.
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
older to develop an appropriate Transition
Plan as part of their IEP.
This must be completed prior to the opening
of school year 09-10. KDOE must provide
specific data of numbers of cases needing to
be reviewed, and number of cases completed
within the Quarterly Progress Report.
that 4 out of 4 records
reviewed for eligible
students attending Kosrae
High School had
Transition Plans as part of
their IEPs. Additionally,
staff received training in
how to complete ITPs that
was provided April 22,
2010 in Chuuk.
5.21.10 – Corrected
within One Year – The
Monitoring Team found
that the SITS data system
was being implemented
and the data was being
used to track pending cases
for completion. The data
was also being used to
monitor completion of
Annual IEP Reviews and
Tri Annual Eligibility
Determination..
May 17-21, 2010
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STATE: Kosrae
and services, based on
peer-reviewed
research to the extent
practicable, to be
provided to the child,
or on behalf of the
child, and a statement
of the program
modifications or
supports for school
personnel that will be
provided to enable the
child [(34 CFR
§300.320(a)(4)]
K10-02 – General
Supervision and
Case Management
§300.149(a)&(b)[SEA
responsibility for
general supervision]
The SEA is
responsible for
ensuring—
(1) That the
requirements of this
part are carried out;
and
(2) That each
educational program
for children with
disabilities
administered within
the State, including
each program
administered by any
other State or local
agency (but not
including elementary
schools and secondary
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
concerning “frequency, duration, and location” of the
services to be provided.
must be corrected.
KDOE also must demonstrate that Case
Review Procedures are being fully
implemented. Each month for June through
September, KDOE must submit a report that
uses the Record Review Checklist to review a
sample of 10 student records. The results of
the Record Review will be submitted as part
of the Quarterly Progress Report. (note: this
corrective action will also be used for K1002)
5.21.10 – The Monitoring Team reviewed 19 special
education folders and determined that in 12 out of 19
folders, there were forms that had not been fully
completed. In some cases, the Consent for Placement
form had the parent signature but failed to have the
appropriate box checked. This is an indication that the
data on completed forms is not being verified prior to
being entered into the SITS data system. This was also
an indication that there was insufficient case review
oversight to ensure all records are accurately completed.
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
5-21-10- Using the records identified in the
attached Child Record Review Summary,
KDOE must correct the deficiencies noted in
12 of the 19 records reviewed. Copies of the
corrected IEPs must be included in the
Quarteerly Progress Report. A total of 12
IEPs must be corrected.
Additionally, KDOE must implement the
Case Review Procedures as described in
K10-01 above. The same 10 records can be
used to demonstrate that KDOE is fully
implementing the Case Review Procedures.
May 17-21, 2010
5
STATE: Kosrae
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
schools for Indian
children operated or
funded by the
Secretary of the
Interior)—
(i) Is under the
general supervision of
the persons
responsible for
educational programs
for children with
disabilities in the
SEA; and
(ii) Meets the
educational standards
of the SEA (including
the requirements of
this part).
5.21.10 - The Monitoring Team found that 3 out of 4
K10-03 -Least
records reviewed for eligible students attending the SMD
Restrictive
program did not have information related to the
Environment
34 CFR §300.114 that determination of the Least Restrictive Environment in
to the maximum
their IEPs. The Team is concerned that students may be
extent appropriate,
being placed within the SMD center-based program
children with
without sufficient consideration of whether or not the
disabilities are
SMD program is the most appropriate LRE for the
educated with
students involved.
children who are not
disabled, and special
education classes,
separate schooling, or
other removal of
children with
disabilities from the
regular educational
environment occurs
only when the nature
or severity of the
disability is such that
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
5.21.10 - KDOE must review the IEPs of the
17 students in the SMD program and
determine whether or not the students placed
in the SMD program are placed in the Least
Restrictive Environment. A report must be
submitted to NDOE describing the
justification for placing each student within
the SMD program.
Additionally, KDOE must correct the IEPs of
the SMD students noted in the Child Record
Review Summary under the LRE
Justification. A copy of the corrected IEPs
must be submitted to NDOE for review.
May 17-21, 2010
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STATE: Kosrae
FSM
Special Education Monitoring Findings Summary and Status Update
Monitoring Visit Date: May 17-21, 2010
education in regular
classes with the use of
supplementary aids
and services cannot be
achieved
satisfactorily.
K10-04 – Monitoring
- In exercising its
monitoring
responsibilities under
34 CFR §300.600(d),
KDOE must ensure
that when it identifies
noncompliance with
requirements of Part
B, the noncompliance
is corrected as soon as
possible, and in no
case later than one
year after KDOE’s
identification of the
noncompliance (34
CFR §300.600(e)).
By failing to ensure
correction of
noncompliance
KDOE has not
demonstrated
substantial
compliance with this
critical requirement.
5.21.10 – The Monitoring Team found that while the
special education program did have local monitoring
procedures, the procedures were not being fully
implemented. There were no local monitoring reports to
document that schools had been monitored during the
past year. The Team concluded that the lack of effective
local monitoring of programs also contributed to students
not receiving services consistent with their IEPs because
of the lack of verification at the school level.
Korsae State - CIMS – Findings of Non-Compliance and Corrective Actions
5-21-10 – KDOE must implement
their local monitoring procedures. A
minimum of 3 schools must be
monitored each school year. KDOE
must submit copies of school
monitoring reports as they are
completed during the SY 10-11
school year. Three reports must be
submitted prior to May, 21, 2011.
Reports must be submitted as part of
the Quarterly Progress Report.
May 17-21, 2010
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