State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education (Page 243 of 277) in pdf

State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education Page 243

Arkansas Department of Education Special Education Unit

Part B State Performance Plan

How the Components Function as a General Supervision System

ADE-SEU general supervision instruments and procedures identify and correct IDEA noncompliance in a

timely manner. The system of identifying and correcting noncompliance includes processes and procedures

implemented by the ADE-SEU Dispute Resolution Section in the coordination of due process hearings and

complaint investigations, and the use of pre-filing mediation services. While hearing officers conduct due

process hearings, ADE-SEU Area Supervisors in the Monitoring/Program Effectiveness (M/PE) and the

Non-Traditional Programs (NTP) Sections typically investigate complaints. The IDEA requires due process

hearings to be completed within 45 days of filing, while complaints must be addressed within 60 days of

filing.

The ADE-SEU uses a three-year rotational monitoring system. One-third of LEA special education

programs, as well as state-operated and state-supported programs providing special education and related

services to students with disabilities, are monitored each year. Using a process of random selection, the

programs are placed in a designated year of the three-year cycle. However, the SEA reserves the right to

schedule additional, off-cycle monitoring of any program at any time should conditions warrant.

M/PE Area Supervisors have the primary responsibility for monitoring special education programs within

Arkansas Local education agencies (LEA; school district), as well as in the Education Service Cooperatives

(ESC) that provide services on behalf of their member school districts to eligible children with disabilities

ages 3-5 (pre-school). Supervisors in the NTP Section have the primary responsibility for monitoring the

non-traditional programs, those being the state-operated and state-supported programs. However, the staffs

of these sections work cooperatively in the monitoring process.

Monitoring consists of an SEA review of eleven (11) issue areas. The eleven (11) issue areas addressed

consist of the following:

• Child Find

• Least Restrictive Environment

• Due Process

• Confidentiality of Information

• Protection in Evaluation Procedures

• System of Personnel Development

• Procedures for Evaluating Specific Learning

• Children with Disabilities in Private

Disabilities

Schools

• Individualized Education Programs

• Use of Funds

• Free Appropriate Public Education

In preparation for monitoring, the ADE-SEU Area Supervisor contacts the Local education agency (LEA) or

ESC (Co-op) at least three weeks prior to an on-site visit. A General Program Checklist to be completed by

the LEA, as well as other requested information is to be submitted prior to the ADE-SEU staff on-site

review. In addition, ADE-SEU staff review archival and current data maintained by the ADE-SEU relative

to the education program to be monitored. The purpose of off-site data collection is to assure basic

knowledge of each special education program and to determine, where possible, emerging patterns of

noncompliance or those already in existence. Indicators were developed and applied based on historical

discipline, exiting, disproportionality, student performance data, and educational placement data. In addition

to historical data, these indicators took into account the results of the three-year monitoring cycle by

focusing on numbers and severity of previous Corrective Action Plans (CAPs), and complaints and due

process hearings with findings of noncompliance. Whenever possible, records should be reviewed for the

past three (3) years and should include, but not be limited to:

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State Performance Plan 2005-2012 - Part B - Arkansas Department Of Education Page 243

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