Special Education – We met today with OSPI and US Department of Education staff to review progress on the Corrective Action Plan.
Outcomes included:
1. Need to correct IEPs by November 14th in order to qualify for all the funding for which we are eligible.
2. Concerns about lack of interface between IEP online and PowerSchool causing too much handwork and errors.
3. Putting procedures and organization structures in place to ensure that staff/parents know where to get good information.
4. Stabilize leadership for Special Education and other departments.
5. Provide added supports to assist Wyeth and Michaela to put out fires, oversee the entire special education program and fix compliance issues.
6. Address communications by letting staff know of our corrective action compliance and addressing parent concerns.
As you see there's NOTHING of substance in the plan. Number 5 is code for HIRE MORE CENTRAL OFFICE STAFF. Number 6 WTF is Nyland trying to say?
Needless to say SPS has no chance of making the June 30th deadline with 15 citizen complaints and 19 due process hearings request pending the only thing SPS can do is conspire with OSPI to fraudulently become compliant. Don't let them do this!
Exploring the issues facing Seattle and its public Schools with a focus on wasteful use of tax payers money. Thanks for visiting
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Monday, November 3, 2014
Tuesday, October 21, 2014
Office of Civil Rights on Bully Guidance
Bullying disproportionately impacts students with disabilities and must be addressed in every single case
Washington, DC – As part of National Bullying Prevention Awareness Month, the U.S. Education Department’s Office for Civil Rights (OCR) today issued guidance
to schools reminding them that bullying is wrong and must not be
tolerated – including against America’s 6.5 million students with
disabilities. In response COPAA releases the following statement:
“The strong leadership and guidance of The Office of Civil Rights is timely and meaningful. By
acknowledging the disproportionate impact of bullying on students with
disabilities the U.S. Department of Education is creating enhanced and
heightened awareness as well as putting schools on notice that every
vulnerable child – especially those with disabilities as qualifying
under The Individuals with Disabilities Education Act (IDEA), Section
504 of the Rehabilitation Act of 1973 (Section 504) – are to be
protected by the adults responsible for them. The Dear
Colleague is quite clear in explaining to schools that no time should
elapse, nor should a child’s safety and well-being be disregarded when
an incident is suspected or may have occurred" said Denise Marshall,
Executive Director.
The
OCR Letter goes a long way in informing schools of their
responsibilities under Section 504 and Title II of the Americans With
Disabilities Act. OCR also articulated what the elements are for proving
an administrative complaint for violation of Section 504's Free
Appropriate Public Education (FAPE) requirements. Selene Almazan, COPAA
Legal Director, reminds COPAA members and colleagues: "While very
useful tool for advocates and families, the standard for the Courts
remains deliberate indifference and that remains a large hurdle. That
said, it is good to see the seriousness with which they are treating the
issue and gratifying to see the standard for delivery of FAPE spelled
out."
Data
and experience show that children with disabilities are too often the
target of bullying and harassment – whether it be through overt
physical behavior or verbal, emotional, or social behaviors – and
schools, together with families must strive to ensure that every child
feels safe and supported at school, on the bus, during recess/lunch and
other extracurricular activities. COPAA thanks the
Department and Assistant Secretary Lhamon for sending an unequivocal
message that schools must do everything possible to protect access to a
FAPE for every student with a disability and ensure both suspected and
known violations are investigated and dealt with in accordance to the
law.
For more information and the guidance:
Bullying of Students with Disabilities Addressed in Guidance to America’s SchoolsThursday, October 16, 2014
I got lumped in classes with kids with autism and Down Syndrome
I have never considered myself a very smart person': Channing Tatum reveals his early struggles with A.D.H.D. and dyslexia
Tuesday, October 14, 2014
It's been 69 days since Exectutive Special Education Director McWilliams was placed in a time out.
Really, 69 days on PAID leave! What is she doing with all the free time?
Is SPS thinking we will forget what McWilliams did and didn't do? Perhaps they are thinking she could just lie low for a few months then come back like nothing happened.
Is SPS thinking we will forget what McWilliams did and didn't do? Perhaps they are thinking she could just lie low for a few months then come back like nothing happened.
Here's a little chit chat going around between OSPI and SPS
From: Doug Gill
Sent: Tuesday, September 23, 2014 12:39 PM
To: 'Nyland, Larry L'; Randy Dorn
Cc: Tolley, Michael F; Jessee, Wyeth; Wright, Charles E; Rogers, Lesley A; kgoodsell@psesd.org; Scott Raub; Valerie Arnold
Subject: RE: Seattle Special Education Response
Sent: Tuesday, September 23, 2014 12:39 PM
To: 'Nyland, Larry L'; Randy Dorn
Cc: Tolley, Michael F; Jessee, Wyeth; Wright, Charles E; Rogers, Lesley A; kgoodsell@psesd.org; Scott Raub; Valerie Arnold
Subject: RE: Seattle Special Education Response
Dear Dr. Nyland,
Thank you for your
email below accepting the conditions associated with the (1) designation
of Seattle Public Schools (SPS) as a high risk grantee and (2) the
withholding of $3,000,000 in federal IDEA Section
611 and 619 funding for the 2014-15 school year. I appreciate your
pledge of full cooperation in this matter, and your commitment to
improving special education services in Seattle.
As I indicated in my
letter of September 18, our intent is to consolidate resources at the
local, regional, state and national levels to assist SPS in improving
district capacity to systematically provide appropriate
programs and services on behalf of students eligible for special
education services. I also indicated that there would be a three-tiered
approach to consolidating these resources.
Step one involves
monthly meetings with staff from OSPI, the PSESD and the external
consultants selected by the district. I am attaching a schedule for
these monthly meetings that will begin in October (see attachment).
Just as a reminder, a primary role of the external consultants is to
establish benchmarks identified in the RC-CAP against which SPS progress
will be measured during the school year.
As a second step, I am
also instructing Scott Raub from our office to begin scheduling weekly
meetings with your interim executive director of special education and
whomever else you think appropriate, beginning
in October as well. Mr. Raub will contact Mr. Jesse within the next few
days to set up a regularly scheduled weekly on-site meeting in the
district. The focus of these weekly on-site meetings will be on the
overarching concerns addressed in the July TIERS
report (communication, data utility, access, staff supports, etc.).
Step three involves
quarterly meetings with staff from the United States Department of
Education, together with our staff, PSESD staff and the external
consultants, to verify that adequate progress is being made
to justify periodical, incremental releases of the funding that is
currently being withheld from the district during the 2014-15 school
year. The dates of the quarterly visits by DOE are not yet established,
but as soon as the dates are finalized, we will
notify the district immediately. You should also take the opportunities
within the RC-CAP to fully engage the district identified RC-CAP
implementation team.
Once again, I sincerely
appreciate your cooperation in this matter and am encouraged that the
SPS school board has identified special education as a top priority for
the 2014-15 school year. We look forward to
resolving these issues in the most efficient and effective way possible
so that the results that are achieved, are sustainable in the district
on a long-term basis.
From: Nyland, Larry L [mailto:llnyland@ seattleschools.org]
Sent: Monday, September 22, 2014 6:01 PM
To: Doug Gill; Randy Dorn
Cc: Tolley, Michael F; Jessee, Wyeth; Wright, Charles E; Rogers, Lesley A
Subject: Seattle Special Education Response
Sent: Monday, September 22, 2014 6:01 PM
To: Doug Gill; Randy Dorn
Cc: Tolley, Michael F; Jessee, Wyeth; Wright, Charles E; Rogers, Lesley A
Subject: Seattle Special Education Response
Sept. 22, 2014
Dear Dr. Gill,
Thank you for your detailed letter of September 18.
We understand and share your concerns about the progress Seattle Public
Schools needs to make for our students in special education. Please
know that since I joined the district in June,
I have been meeting with our team regularly and I am personally
dedicating significant time to meeting the needs of each and every
student receiving special education services.
The district accepts the conditions of the letter,
and we look forward to working together on the additional oversight
mechanisms, including weekly meetings with an on-site compliance
officer. We are confident we will satisfy your requirements
this school year.
Progress we have made
Earlier this month the Seattle School Board
selected four governance priorities for the 2014-15 school year, and I
am pleased that one of those priority goals is a focus on special
education. We are working diligently on meeting the requirements
of the Revised Comprehensive Corrective Action Plan (RCCAP). We have
also worked hard to get classrooms ready for the 2014-15 school year,
with materials and supplies ready to support instruction. While we have
not yet been able to staff each special education
classroom, we continue to make hiring those staff members a priority.
In addition, we are working on increasing the
stability and capacity of the department. We have hired an additional
program specialist in each region to support the special education staff
at each school, and also improve our relationships
with families. We are also in the process of hiring a special education
ombudsman to help improve our engagement with and responsiveness to
families. This is the first time in five years that we had a fully
staffed central office leadership team for the special
education department. Wyeth Jessee is currently serving as Interim
Executive Director, stepping in to provide stable leadership while
Zakiyyah McWilliams is on administrative leave.
Addressing your concerns
As I mentioned earlier, we acknowledge your
concerns and we look forward to our continued partnership with OSPI to
address these issues.
We will meet weekly with our on-site compliance
officer and host monthly meetings with our third-party contractor, OSPI
program review staff and identified staff from the Puget Sound ESD. In
addition, we will host quarterly reviews for
both OSPI and the U.S. Department of Education to review our progress
on the RCCAP.
I am confident that we will meet the performance
indicators set forth by OSPI and that the restriction indicated in your
letter of $3 million will be released as we demonstrate adequate
progress
Moving forward
We are completing the bidding process to hire our
third-party consultant, and we look forward to their support and
recommendations.
At your earliest convenience, we look forward to
pulling together all parties to determine next steps and continued
partnership on behalf of our students.
Sincerely,
Interim Superintendent
Seattle Public Schools
Monday, October 13, 2014
87 days out from the TIERS group meeting, 255 days to meet FAPE compliance.
It's now been 87 days since the July 22nd TIERS group's "Forgive and forget" meeting, so what's improved?
It's hard to gauge how well the district is doing on the revised C-CAP, because the district doesn't openly communicate its progress to families. To me SPS sees families as secondary in the process.
So, let look at some outside indicators.
In 2013 SPS had a total of 5 citizen complaints filed with OSPI for IDEA related violations.
As of October 2014 SPS has a total of 13 citizen complaints filed against them for IDEA related violations.
In 2013 SPS had a total of 7 due process hearings filed for IDEA related issues.
As of October 2014 SPS has 18 due process hearings filed for IDEA related issues.
As of October 2014 SPS has a total of 5 US department of education civil rights violations investigations pending against them.
It appears based on the above numbers that things are possibly worst, but in no meaningful measurable way have improved. I cant imagine SPS has a chance with only 259 days left.
It's hard to gauge how well the district is doing on the revised C-CAP, because the district doesn't openly communicate its progress to families. To me SPS sees families as secondary in the process.
So, let look at some outside indicators.
In 2013 SPS had a total of 5 citizen complaints filed with OSPI for IDEA related violations.
As of October 2014 SPS has a total of 13 citizen complaints filed against them for IDEA related violations.
In 2013 SPS had a total of 7 due process hearings filed for IDEA related issues.
As of October 2014 SPS has 18 due process hearings filed for IDEA related issues.
As of October 2014 SPS has a total of 5 US department of education civil rights violations investigations pending against them.
It appears based on the above numbers that things are possibly worst, but in no meaningful measurable way have improved. I cant imagine SPS has a chance with only 259 days left.
Thursday, October 9, 2014
Dyslexic Henry Winkler comes to Seattle to promote his books.
Winkler is co-author of a series of popular children's books
featuring a boy named Hank Zipzer: the World's Greatest Underachiever.
Standing with students, Winkler said, "I cannot believe that my name is on a book."
Fifth grader, Iris Dimpsey is a fan of Winkler's books. She said, "Well, the books are really cool because they are about dyslexic kids and I'm dyslexic."
And so are other students at Hamlin Robinson. It's the only school in the Puget Sound area designed for children with dyslexia, a condition that makes learning words difficult.
Read it carefully according to KING5 and me Hamlin Robinson is the ONLY school in the Puget Sound area designed for children with dyslexia! There are at least 2,000 students in SPS diagnosed with dyslexia and another 2-3 thousand undiagnosed. SPS does not serve dyslexic students SPS makes dyslexic students suffer through ineffective curriculum and teaching methods.
Maybe Mr. Winkler should pay a visit to SPS and ask why SPS doesn't use Hamlin Robinson's methods for teaching students with dyslexia.
Standing with students, Winkler said, "I cannot believe that my name is on a book."
Fifth grader, Iris Dimpsey is a fan of Winkler's books. She said, "Well, the books are really cool because they are about dyslexic kids and I'm dyslexic."
And so are other students at Hamlin Robinson. It's the only school in the Puget Sound area designed for children with dyslexia, a condition that makes learning words difficult.
Read it carefully according to KING5 and me Hamlin Robinson is the ONLY school in the Puget Sound area designed for children with dyslexia! There are at least 2,000 students in SPS diagnosed with dyslexia and another 2-3 thousand undiagnosed. SPS does not serve dyslexic students SPS makes dyslexic students suffer through ineffective curriculum and teaching methods.
Maybe Mr. Winkler should pay a visit to SPS and ask why SPS doesn't use Hamlin Robinson's methods for teaching students with dyslexia.
Wednesday, October 1, 2014
So who is Seneca Family of Agencies and what are they going to give SPED for $421,000?
SPS administration is asking the Seattle School Board at its
Wednesday meeting to approve a contract for about $421,000 with a California-based consultant, Seneca Family of Agencies. This group is to replace the TIERS group after officials found issues and possible contract tampering by SPS administrators. More on that soon.
I guess it's time to start digging into Seneca Family of Agencies.
Here's something:
Wait until they get a load of SPS SPED OMG, I predict they will use up the $421,000 and run for the hills.
I guess it's time to start digging into Seneca Family of Agencies.
Here's something:
Public School Partnership Programs
Seneca partners with school districts and charter schools, most often located in urban areas to provide these culturally rich and diverse communities access to educational services that accelerate academic progress and develop the skills needed to successfully transition back into a public school setting. Seneca also partners with local school districts to provide Outpatient Services in the form of therapeutic classrooms and mental health services on public school campuses. Each student’s unique needs and goals are addressed through a personalized treatment plan that includes individual, group, and family therapy, supported by intensive case management and crisis intervention services. Program services are designed and tailored to enable each student to make the most of his/her education.Wait until they get a load of SPS SPED OMG, I predict they will use up the $421,000 and run for the hills.
Tuesday, September 30, 2014
OSPI withholds $3,000,000 of IDEA part B funding
Strong words from OSPI and withholding of $3,000,000.00 should get someones attention at SPS, maybe the school board should step in and make sure people are doing their jobs.
SUPERINTENDENT OF PUBLIC INSTRUCTION
High risk determination. The United States Department of
Education’s General
Administration Regulations in 34CFR 80.12 provide as
Follows:
(a)
A grantee or subgrantee may be considered “high
risk” if an awarding agency
Determines that a grantee or subgrantee:
(1)
Has a history of unsatisfactory performance, or
(2)
Is not financially stable, or
(3)
Has a management system which does not meet the management
standards set
Forth in this part, or
(4)
Has not conformed to terms and conditions of
previous awards. Or
(5)
Is otherwise not responsible; and if the
awarding agency determines that an
Award will be made, special conditions and/or restrictions shall
correspond to the
high risk condition and shall be included in the award.
(b)
Special conditions or restrictions mat include:
(1)
Payment on a reimbursement basis;
(2)
Withholding authority to proceed to the next
phase until receipt of evidence of acceptable performance within a given
funding period.
(3)
Requiring additional, more detailed financial
reports;
(4)
Additional project monitoring ;
(5)
Requiring the grantee or subgrantee to obtain technical
or management
Assistance; or
(6)
Establishing additional prior approvals.
For the reasons described above, OSPI has concluded that SPS
is a high risk grantee. In light of its Level 4 determination, its subsequent
failure to demonstrate compliance with the
requirements of IDEA Part B as a result of the 2013-2014 implementation
of the C-CAP by June 30, 2014, and its failure to have both the required
third-party consultant and a non-interim director of special education services in place to
implement the revised C-CAP, SPS has shown that it has a history of
unsatisfactory performance with respect to the delivery of special education
services under IDEA. Moreover, the District’s non-compliance described in the
Level 4 determination, and its failure to implement the initial C-CAP in a timely
manner, verify that SPS has not conformed to the terms and conditions of
previous Part B awards and the required actions associated with the awards.
Finally, SPS’s June 17th, 2014 internal audit shows that the District’s
management system does not meet the standards required under the Department of
Education’s General Administrative Regulations, 34 CFR Part 80.
Full letter below
September 18,
2014
Dr. Larry Nyland Interim Superintendent Seattle Public
Schools
P.O. Box
34165, MS 32-150
Seattle, WA 98124-1165 Dear
Dr. Nyland:
The
purpose of this letter is to (1) declare the
Seattle Public Schools
(SPS) as a high risk
grantee consistent with
34 CFR § 80.12, and (2) provide notice that the Office of Superintendent of Public Instruction (OSPI) will withhold a portion of the federal funding
available under Part B, Sections 611 and 619 of
the Individuals with Disabilities Education Act
(IDEA) to SPS for the 2014-15 school
year. These actions
are being taken because SPS has
a history of unsatisfactory performance with respect to the delivery of special education services under the IDEA, has not conformed to the terms and conditions of previous awards and
required actions associated with such awards,
has a management system which does not meet the management standards set forth in the United States Department of Education' s General Administrative Regulations, and received a needs substantial
intervention (Level 4) determination for the 2012-13 school year.
I. BACKGROUND
a.
Data collection and monitoring. OSPI's special education program review team annually monitors
selected school
districts' implementation of Part B of the IDEA pursuant
to WAC 392- l72A-07010. Ifthe
program review team identifies specific instances where a district
has not complied with the requirements of IDEA Part B, OSPI will notify the district
of the identified non-compliance to be corrected within one year of notification
of the specific non-compliance. The district then must initiate a process
of corrections, including, if necessary, systemic corrections, to ensure
that the non-compliance is corrected as soon as possible, but no longer than one year from the notification of non-compliance. WAC 392-l 72A-07010(3), 34 CFR § 300.600(e).
Following that, if the district does not timely address
the
identified non-compliance with corrective actions, OSPI is required
to
institute procedures to ensure compliance. WAC 392-172A-07.010(4).
Under separate rules, WAC 392-172A-07012 and 34 CFR § 300.600(a), OSPI annually reviews the data it
obtains from districts through
required
data collection and monitoring (and other information) and, based on that information, issues a
determination regarding each school district's overall compliance with the requirements of Part B of
the IDEA. A "Level I" determination means that OSPI has determined a district meets
the requirements of Part B. In
contrast, a "Level 4"
determination
means the district needs substantial intervention in implementing the requirements of IDEA. A district's determination level triggers certain ob]jgations. Among others,
if OSPI determines that a district needs substantial intervention (Level 4), OSPI "will
withhold, in whole
or in part, any further payments
to the district under Part B." WAC 392-l 72A-07012(4). See 34
CFR §§ 300.600(a)(3), .604(c).
Because determinations under WAC 392-
l 72A-07012 are issued in November
of
an
ongoing school year, OSPI expects
that the district will come into compliance
with IDEA Part B at the concJusion
of the then-current IDEA Part B federal funding
cycle.
b.
The
C-CAP. Following OSPI's on-slte monitoring of
SPS in the 2011-12 and 2012-13 school years, OSPI identified several specific instances where the District was not
complying with
the requirements of IDEA Part B. OSPI concluded that the non-compliance was
systemic in nature
and, pursuant to WAC 392-172A-07010, ordered
the District in spring of 2013 to develop and implement an approved
comprehensive corrective action plan
(C-CAP). In addition,
OSPI required the District to contract with a nationally recognized third-party consultant to provide the technical assistance and resources necessary to implement the C-CAP activities identified by the District. As provided for under WAC 392-l 72A-07010(3), the District was required to demonstrate substantial compliance with IDEA Part B as a result of the
implementation of the C
CAP by June 30, 2014. The District did not challenge any of the conclusions or results of the
program reviews in 2012 or 2013.
SPS did not retain
the required third-party consultants until April
of 2014,just two months before the C-CAP was to be
fully implemented. The District
then requested that the initial
C
CAP be revised
in July of 2014 in order to be successfully implemented. Inan effort to accommodate the delayed start of the extensive C-CAP activities identified in 2013, provide
SPS every opportunity to successfully utilize
its consultants, and involve relevant stakeholders inthe process in a meaningful way, OSPI agreed to extend the implementation of the C-CAP
until June 30, 2015.
Subsequent to this, OSPI was provided
a copy of an internal
audit report as an attachment
to the third-party consultant's report
issued on July 21, 2014. The internal audit, dated June 17, 2014, identified several
accounting, internal control,
and source documentation concerns related to SPS's management of special education funds.
OSPI further learned
from SPS district
staff on August 7, 2014 that the third-party consultant contract awarding process
utilized by the SPS may have been flawed, resulting in the placement of SPS's executive director of special
education on administration leave pending an internal investigation, the appointment of an interim director
of special education, the expiration of the previous consultants' contract, and a new solicitation for a third-party consultant. · ·
c.
Level 4 determination. On November 1, 2013,
OSPI issued
its Level 4 determination for SPS's
2012-13 school year. This, again, was an assessment of the District's overall compliance with IDEA Part B, using data and information provided by the
District to
OSPI. From this evidence, OSPI concluded that SPS had not
corrected all identified issues of non-compliance
associated with the 2011-12 school year within one year of identification.
In a letter to Superintendent Jose Banda dated November 1,
2013, I indicated that, as a result of the Level 4
determination, "The district
must
demonstrate substantial compliance with the requirements of IDEA 2004 as a result of the 2013-14 implementation of the C-CAP by June 30, 2014.
Otherwise, any further payments
of federal IDEA funding to the district will be jeopardized." The
District never objected to or
challenged this determination.
II. HIGH RISK STATUS
a.
High risk determination. The United States Department of Education's
General Administrative Regulations in
34 CPR § 80.12 provide as follows:
(a)
A grantee
or subgrantee may be considered "high
risk" if an awarding agency determines that a grantee or subgrantee:
(1) Has
a history of
unsatisfactory performance,
or
(2) Is
not financially stable, or
(3)
Has a management system which does not meet the management standards set forth in this part, or
(4) Has
not conformed to terms and conditions of previous awards, or
(5)
Is otherwise not responsible; and if the awarding agency
determines that an award will be made, special conditions and/or
restrictions shall correspond to the high
risk condition
and shall be included in the award.
(b) Special conditions or restrictions may include:
(1) Payment on a reimbursement basis;
(2)
Withholding authority to
proceed to the
next phase until receipt of
evidence of acceptable performance within a given
funding period;
(3) Requiring additional, more detailed financial reports;
(4) Additional project monitoring;
(5)
Requiring the grantee or subgrantee to obtain technical or management assistance; or
(6) Establishing additional prior approvals.
For
the reasons described above, OSPI has concluded
that SPS is
a high risk grantee.
In light of its Level 4 determination, its
subsequent failure to demonstrate compliance with the requirements of IDEA Part B as a result of the 2013-14 implementation of the C-CAP by
June 30, 2014, and its failure to have both the required third-party consultant and a non-interim director of special education services
in place to implement the
revised C-CAP, SPS has shown that it has a history of unsatisfactory performance with respect to the
delivery of special education services under the IDEA. Moreover, the District' s non-compliance described in
the
Level 4 determination, and its failure to implement the initial C-CAP in a timely
manner, verify that SPS has not conformed to the term$ and conditions of previous Part B awards and
the required actions associated with the awards.
Finally, SPS's June 17, 2014 internal audit shows that the District's management system does not meet the management standards required under the Department of Education' s General Administrative Regulations,
34
CFR Part 80.
b.
Special conditions. The Department of Education General Administrative Regulations provide at 34 CFR § 80.12(c) that, if an awarding agency
decides to impose conditions on a high risk grantee, the awarding official
will notify the grantee or subgrantee as early as possible,
in writing, of:
(1) The
nature of the special conditions/restrictions;
(2) The
reason(s) for imposing
them;
(3)
The corrective actions which
must be taken before they
will be removed and the time allowed for
completing the corrective actions
and
(4) The
method of
requesting reconsideration of the conditions/restrictions imposed.
The
following oversight
mechanisms, designed
to assist the District
in achieving substantial compliance with
Part B of the IDEA and the revised C-CAP by
June 30, 2015, are conditions to OSPI's award of
the 2014-15 Part B grant:
•
Between October
2014 and May 2015, SPS will host weekly meetings with an on-site compliance
officer designated by OSPI. These meetings wiJl be for the purpose
of monitoring the District' s implementation of the revised C-CAP and to provide technical and management assistance.
•
Between October
2014 and May 2015, SPS will host monthly meetings
with the District
selected third-party contractor, OSPI
program review staff, and identified staff from the Puget Sound Educational Service District
(PSESD). These meetings will be for the purpose of monitoring the District' s implementation
of the revised C-CAP and to provide technical
and management assistance.
•
SPS will submit to on-site quarterly reviews requested by OSPI for staff from the U.S. Department of Education.
These conditions must be met
before the special conditions will
be removed.
c.
Reconsideration of conditions. Ifyou would like
OSPI to reconsider these special conditions to the District's 2014-15
Part B award, please send a letter to my attention by United States mail postmarked no later than thirty days after receiving
this
letter. The letter should
state with particularity any law or facts the District believes
OSPI has overlooked in imposing the conditions.
Ill.WITHHOLDING OF PART B FUNDS
a.
Withholding of funds. Because SPS received a Level 4 determination for the 2012-13 school year, OSPI is required
under WAC 392-l72A-07012(4) to withhold payments to the District under IDEA Part B in whole or in part. Accordingly, OSPI will withhold
an amount of the 2014-15 IDEA
Part B grant to SPS
equal to $3,000,000. This
amount includes
(1)
$1,659,759, the
amount of IDEA funding SPS has reserved
to implement to the revised C-CAP in the District' s most recent application for IDEA Part B funding
in the iGrants form
package 267,
and (2) an ·additional $1,340,241, which is an
amount intended to encourage SPS to meet the foregoing special conditions without creating substantial disruption to the provision of FAPE in the District.
Upon receipt of evidence
of acceptable performance within the 2014-15 grant period, OSPI may incrementally restore a portion
of the withheld amount of $3,000,000 during
the 2014-15 school year. Acceptable performance will be measured
by adequate progress
toward the specific
activities and timelines
associated with the revised C-CAP. OSPI,
PSESD, and the United States Department of Education will verify whether
progress is adequate.
b.
Opportunity for hearing regarding withholding. Under WAC 392-172-06065(2), the District has
an opportunity for a hearing before a designee of the Superintendent of Public Instruction regarding
OSPI's decision to partially withhold
Part B funds. SPS must request the hearing no
later than
thirty days after receiving this notice
of OSPI's action. Within thirty
days following its receipt of a request,
OSPI will hold a hearing to
review whether OSPI's determination to withhold
a portion of SPS's
Part B funding is in error. At the hearing,
the District will have the opportunity to provide the Superintendent's designee
with documentary evidence SPS believes demonstrates that OSPI erred in reaching its determination that Part B funding should be withheld. The designee will consider
any new evidence the
District provides and respond in writing to the District
within thirty days by affirming
OSPI's initial determination, rescinding the determination, or issuing a revised
determination.
Ifthe District rem.ains
unsatisfied with OSPI's
determination, it
will have the
right to file an appeal
of the determination with the Office of Administrative Hearings within thirty days ofreceiving OSPI's final determination .
Thank you very much for your efforts
to improve special
education services in Seattle Public Schools. I am hopeful
that the actions
being taken in this
letter will enable the district to re establish itself as a lighthouse district in special education
in Washington.
Sincerely,
,
Assistant Superintendent
Special
Education
cc: Gil Mendoza, Ed.D.,
Deputy Superintendent, K-12 Education, OSPI
Dr. Kelly Goodsell, Executive Director, Learning, Teaching & Family Support, Puget Sound Educational Service District
121 ·
Mr.
Michael K. Yudin, Acting Assistant Secretary
for Special Education
and Rehabilitative Services, United States Department of Education
Mr. Phillip A. Maestri, Director, Risk Management Services, Office of the Deputy Secretary, United States Department of Education
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