Focused Monitoring

Focused Reviews

 A focused review can occur as a result of specific issues that arise from excessive state complaints resulting in findings of non-compliance, findings from other sources that go uncorrected, credible allegations of systemic non-compliance, fiscal and data results, or information brought to the attention of OSES from other sources. Focused reviews are aimed at looking at specific areas of concern rather than all areas addressed in the program review process. If a LEA exhibits an issue that requires a focused review a specific plan will be developed and implemented to address the specific areas of concern. 

Credible Allegation Reviews

The OSES must ensure that its general supervision system includes a process to consider and address credible allegations of IDEA non-compliance in a timely manner. When OSES is made aware of an area of concern regarding an LEAs implementation of IDEA, an allegation review is triggered to determine whether non-compliance has occurred and if so, how to address the identified concerns. Such allegations (e.g., information and awareness) may come from teachers, administrators, parents, stakeholder calls, media reports, dispute resolution systems, or other mechanisms that relate to IDEA implementation. 
When OSES receives an allegation of noncompliance of IDEA the following process is conducted:

  1. A Credible Report Panel convenes to review the allegation and determine if the allegation is credible and if so, what steps to take to address the issue. The Credible Report Panel includes at least three members including the following: 
    • Program Review Leader
    • Policy Team Member
    • Review and Analysis Team Member
    • Content Expert (as necessary)
       
  2. The Credible Report Panel reviews relevant information and data in the area of concern to assess the credibility of the allegation and to determine if additional information is needed. To determine the credibility of the allegation, the panel considers: (1) whether there are sufficient details in the allegation to enable a meaningful review and analysis of the concerns raised; (2) whether there is supporting evidence for the allegation (documents, data, etc.); (3) whether the source of the allegation is identifiable and is a source with direct knowledge of the allegation; (4) whether there are any issues unrelated to the student (e.g., human resource issues, personal conflicts, lawsuits, etc.) that may be influencing the allegation report; and (5) whether the allegations and/or essential facts related to the allegation are able to be independently verified. Review activities may include, but are not limited to, interviewing staff, parents of children with disabilities, adult students with disabilities, and groups that represent the families and communities served by the LEAs or providers, conducting clarifying legal research, and reviewing and analyzing data or information (e.g., prior complaints, due process hearings, determination data, etc.).  
     
  3. The Credible Report Panel submits an investigation report to the State Director of OSES with a conclusion as to the credibility of the allegation and a recommendation for next steps in responding to, and/or resolving, the allegation.
     
  4. The State Director reviews the report and consults with the Credible Report Panel, as necessary, to reach consensus on next steps. When this review is completed, the State Director notifies the LEA and reporting party as appropriate and initiates any necessary review activities or corrective actions.  
     
  5. Suspicion of systemic noncompliance may trigger a focused review or a comprehensive program review. In addition, OSES may use other processes to address systemic concerns including providing technical assistance, coordinating appropriate professional learning opportunities, offering informal dispute resolution options, and/or issuing updated policy or guidance materials.  
     
  6. If the process results in a determination of noncompliance with an IDEA requirement, OSES will issue a written findings letter. This findings letter will include corrective actions and will be issued within three months of when the finding was made unless the LEA corrects the noncompliance prior to that time, and the OSES is able to verify the correction.  
     
  7. All findings of noncompliance must be corrected as soon as possible but no later than one year from the date on the letter of findings of noncompliance.