This is just a reminder regarding some information that we are sure your Director of Special Education shared with you some time ago. The reminder is that federal mandates now require KDE to make annual “Determinations” on the performance of local school district programs for students with disabilities. The new mandate includes the federal government making a determination about each state (KDE) and then the state making a determination about each school district. This is explained briefly below.
The Individuals with Disabilities Education Act of 2004 (IDEA) required states to submit State Performance Plans (SPP) to the U.S. Department of Education two years ago. The SPP consisted of 14 indicators, involving student outcomes and district compliance with special education requirements. Every year thereafter, each state must submit a report – Annual Performance Report (APR) that shows it has made progress on all 14 indicators of the SPP. Determination of progress or lack of progress is decided from data collected by the state from all school districts.
The Office of Special Education Programs (OSEP) in the United States Department of Education examines the APR and makes a “Determination” about the performance of the state on one of four levels: 1) Meets Requirements, 2) Needs Assistance, 3) Needs Intervention and 4) Needs Substantial Intervention. Last year, OSEP made the decision that Kentucky is at level 2, “Needs Assistance,” based on the review of our APR.
The State is then required to make a determination for each school district on one of the same four levels. KDE convened a broad group of stakeholders to assist in selecting the criteria for making local district determinations. The stakeholder group, comprised mostly of local school district representatives, selected the minimum standards required by OSEP as KDE’s criteria for the 2007-2008 school year. Criteria selected to be used to make school district “Determinations” are:
Audit Findings
Accurate and Timely Data Submission
Timely Correction of Noncompliance
Students’ Individual Education Plans in Place by Their Third Birthday
KDE will provide support to districts, with the level of support depending upon the Determination levels. Additional information will be provided to you when the determination letters are sent from KDE later in the month. Please contact Larry Taylor at (502) 564-4970 or email him at Larry.Taylor@education.ky.gov if you have questions.