Program Review

The IDEA Part B Program Review is conducted by OSES staff and managed by the Program Review Leaders in the OSES. The program review process currently operates on a six-year cycle with every district being monitored at least once during that cycle. The program review process is designed to be a full diagnostic review which allows the OSES to recognize compliant programs and practices, to identify noncompliant practices, and to provide assistance and support to LEAs to sustain compliance once corrected.

Program review activities:

Pre-Review Activities: Prior to the program review, the team completes a review process that includes profile data, determination data, dispute resolution data, and any other relevant data that the team feels is relevant to the LEA’s review. The program review team also conducts an information session each year with the LEAs to be reviewed to explain the process.

​​​​​​​Policy Review: The review team reviews the LEAs policies and procedures as well as the LEAs procedural safeguards to determine if they are compliant with federal and state laws and regulations.

Special Education Staffing Review: The program review team reviews the special education staffing assignments to determine if the teachers and service providers are appropriately credentialed in the areas for which they are providing instruction and services , and to determine if the teachers and service providers are assigned caseloads in accordance with State regulations.

Program Review Process Graphic

IEP Development Reviews: The program review team conducts student record reviews for compliance with applicable regulatory requirements. To conduct the reviews, the OSES and LEA identify a set of students that includes, among other things, students who, in the past year, have transitioned from Part C to B of the IDEA; received an initial evaluation; been removed from school more than ten days or have been placed at an alternative placement; reached the age of majority; and/or for whom consent for services has been revoked. The OSES ensures that the set includes a broad range of students to cover different grade levels, different eligibility categories, different LRE categories, and different schools and settings. The program review team gathers information to ensure that LEAs meet the requirements of the IDEA in these categories: 

  1. Parents can meaningfully participate in the IEP process. 
  2. Necessary parties participated in the IEP process.  
  3. The LEA adheres to required timelines and procedures. 
  4. The IEP team appropriately considers all relevant special factors. 
  5. The IEP team develops an appropriate statement of present levels of academic achievement and functional performance. 
  6. The IEP team develops appropriate, measurable annual goals and designates how and when the goals would be measured, and progress reported to parents. 
  7. The IEP team appropriately considers post-secondary transition. 
  8. The IEP team appropriately identifies special education and related services, supplementary services, assessment participation, and classroom and assessment accommodations and modifications. 
  9. The IEP team appropriately explains the extent to which the student will not participate in general education classes and activities, and the IEP team's decisions with respect to least restrictive environment (LRE). 
  10. The IEP team appropriately considers the need for extended school year services (ESY). 
  11. The LEA provides appropriate notice prior written notice (PWN) to the parents in a reasonable time before changing, or refusing to change, the student's eligibility, evaluation, program, or placement. 
  12. The LEA follows the applicable procedures related to a potential change of placement related to a disciplinary action.  

IEP Implementation Reviews: The program review team reviews student schedules, service logs, and other relevant documents as well as visit school sites to confirm that the schools are implementing the IEPs and BIPs as written. The program review team gathers information related to the implementation of the services described in the IEP.

  1. Is the LEA providing specialized instruction and related services as delineated in the student's IEP?  
  2. Is the LEA providing appropriate reports to parents on the student's progress towards meeting IEP goals with the frequency set forth in the IEP? 
  3. Is the student participating in educational activities with non-disabled peers for the amount of time designated in the IEP?  
  4. Is there evidence that the student's general education teachers received notice of, and have a system in place to implement, the accommodations listed on the IEP?  
  5. Is there evidence that the school site administrators and the student's teachers are familiar with, and prepared to utilize, when necessary, the student's behavioral intervention plan?

Interviews: The program review team conducts interviews with school site administrators, special education teachers and parents of students with disabilities to obtain additional insight and information about the operation of the LEA’s special education program. Interviews are generally in person but may be individual by phone if necessary. 

Online Surveys: The program review team disseminates online surveys for general education teachers, special education teachers, and parents of students with disabilities to obtain stakeholder input on the status of the LEA’s special education programs and to identify areas for commendation and improvement. 

Program Review Results: Post program review activities include aggregating data and information gathered from the review activities. Program review results reports are generally issued within 90 days following the end of the review. Results reports include commendations and general concerns, policy and staffing review information, individual and systemic findings, survey and interview summaries, requirements for assistance and corrections, and timelines.

Post Results Notification Activities:

Corrections Specialists, PD and TA requests: After receiving the program review results report, the LEA may request TA and PD. Once that has been provided, the LEAs submit corrections for individual student IEPs reviewed, provide evidence of how systemic issues are being addressed, and if applicable, provide policy and procedure revisions and evidence that staffing issues have been addressed. Plans for sustaining compliance will be discussed.
Correcting findings of non-compliance is a three-part process:

Corrections of Systemic Noncompliance

  • Appropriate PD and TA are provided by or approved by the OSES to address each systemic issue of noncompliance. 
  • LEA submits evidence of systemic corrective actions (e.g., policy and procedure changes, professional learning opportunities, technical assistance, etc.), and OSES verifies that corrective actions have been completed.

Corrections of Individual Noncompliance

  • After the appropriate PD and TA have been provided, the LEA submits evidence of completion of individual student corrections, and the OSES verifies that the corrections have been completed.

Sustained Compliance

  • The LEA reviews its internal practices and describes any changes to be made.
  • The LEA and OSES review a new subset of post PLO records to determine if the systemic issues identified by the OSES have been effectively addressed.
  • LEA corrects any continuing systemic issues or individual findings from this review.

All corrections must be completed as soon as possible but no later than one year from the date of the results report.