Family & Community Special Communities
Special Education

Determination of Need for Special Education Technical Assistance or Intervention
(2009-10)1

In accordance with federal requirements, Massachusetts has submitted a State Performance Plan for Special Education (SPP) to the U.S. Department of Education that outlines Massachusetts' expectations and performance targets across 20 key education and special education indicators, including, among others, graduation, dropout, and performance on statewide assessments.2 The U.S. Department of Education requires Massachusetts to determine which districts3 have specific needs for technical assistance or intervention in the area of special education based on five levels of need:

For 2009-2010, ESE has made some changes to the process of making determinations for districts, primarily through an increased focus on compliance. ESE is determining the level of each district's need for special education technical assistance or intervention based first on performance and then on compliance with special education laws and regulations. These two factors hold relatively equal weight.

We are pleased to report that many districts improved in status from 2008-9 to 2009-10, with the numbers of districts at each level as follow:

Performance Outcomes: Initial determinations are based on performance outcomes for students in the district as reported in the SPP under Indicator 3: Assessment,4 with particular reference to English Language Arts (ELA) performance. All districts are identified at the first four levels based solely on their performance outcomes with special consideration and weight on the outcomes for the subgroup of students with disabilities. The performance criteria used for 2009-10 are almost identical to the 2008-09 criteria. The specific performance criteria used for each of the Levels 1-4 are articulated in the detail provided for that level.

Compliance: Following the initial performance determinations, ESE reviews all districts in relation to their special education compliance. We review four factors: (1) a school district's data on all SPP/APR compliance indicators; (2) whether a district submitted valid, reliable, and timely data for all indicators; (3) any district specific non-compliance findings from Coordinated Program Reviews or Mid-Cycle Reviews over the past two years; and (4) any uncorrected noncompliance from other sources (including complaints or hearings). All districts must meet state and federal special education requirements and, if any specific areas of non-compliance with special education requirements are identified, the district must engage in corrective action(s), regardless of the level of determination. However, if non-compliance is significant or if the district continues to have issues despite efforts to correct non-compliance, ESE will reassign the district to a lower determination level. For the 2009-10 Determinations, eight (8) districts have been reassigned to lower determination levels due to significant non-compliance issues. If, at any time, ESE finds that a free and appropriate public education (FAPE) for students in the district is jeopardized by significant non-compliance in one or more key special education requirements, we will make the determination that the district "needs substantial intervention" and it is placed at Level 5. Level 5 is solely related to significant special education compliance issues.

Activities in response to these determinations will take place beginning in the summer 2010 and throughout the 2010-11 school year. We will provide assistance and interventions consistent with each level in ways that coordinate the work of multiple ESE offices, when appropriate.

Level #1: Meets Requirements (371 districts)

A district is considered to be at Level 1 when outcomes for the district as a whole or for its students with disabilities give a general indication that positive performance outcomes are either currently happening or likely to happen without specific technical assistance or intervention from ESE. Specifically, Level 1 status is assigned when one or more of the following conditions exist:

• The number of students in the special education subgroup is less than 100;
• The special education subgroup made AYP for ELA at the lowest grade level for which there is such a subgroup; and/or,
• The district's aggregate Composite Performance Index (CPI) is at 90 or greater (all grades and subgroups combined).

ESE does not plan to engage in direct technical assistance or intervention with the 371 districts at Level 1, except in relation to specific areas of special education non-compliance.

Level #2: Meets Requirements - At Risk (Nine (9) districts)

A district is at Level 2 when it does not meet the criteria for Level 1, but the CPI for the special education subgroup shows growth from the previous year. Districts at Level 2 are considered to be making progress, but are "at risk" for not meeting the needs of students with disabilities as effectively as needed to make progress in closing the achievement gap.

ESE will notify the nine (9) districts of their Level 2 status and ask them to review the performance of their students with disabilities and make specific efforts to improve their performance going forward. We will not engage in direct technical assistance or intervention except in relation to specific areas of special education non-compliance.

Level #3: Needs technical assistance (nine (9) districts)

A district is at Level 3 when the district does not meet the criteria for "meets requirements" or "meets requirements - at risk." At this point, the performance criterion focuses on the special education subgroup in its performance on ELA. If the district's special education subgroup CPI is greater than 53.00, the district is designated Level 3. Two (2) districts are receiving this determination level for the second year and one (1) district is receiving this determination level for the third year in a row. Six (6) districts are receiving this determination for the first time.

ESE will provide notice to the nine (9) districts at Level 3, providing information on technical assistance that is available. ESE's Office of Special Education Planning and Policy Development will coordinate with other offices in the Department to ensure effective accountability and will review the districts' recent performance across other accountability measures as well as across indicators of the SPP. Targeted assistance related to identified areas of need will be offered. The targeted assistance may include:

• Directing the district's use of funds made available under fund code 240, and/or other grant programs administered by ESE, as appropriate;
• Requiring participation in specified technical assistance activities; and/or,
• Requiring a review of the data submitted by the district in one or more areas of special education to ensure information is valid, reliable, and submitted to the Department on a timely basis.

Level #4: Needs intervention (One (1) district)

If a district does not meet criteria for Level 3 (meaning the district has a special education subgroup ELA CPI performance of below 53.0), it is placed at Level 4.

This year, the single district identified at Level 4 is at this level for the first time. All of the 15 districts at Level 4 in 2008-9 have improved their determination levels this year and are no longer in Level 4. Special Education Planning and Policy Development will coordinate with other offices in this Department, and will provide information on technical assistance that is available and determine actions that may be required as outlined below.

Staff from ESE's Offices of Special Education Planning and Policy Development and Program Quality Assurance will review the identified district's recent performance across other indicators of the SPP as well as other accountability measures and will identify targeted interventions related to areas of need. ESE may incorporate interventions in the district's required corrective action plan under the ESEA, if applicable. Targeted assistance activities will include information on technical assistance that is available and may also include technical assistance outlined under Level 3 above, as well as:

• Withholding a percentage of the district's funds made available under fund code 240, and/or other grant programs administered by ESE, as appropriate;
• Conducting an unscheduled monitoring visit;
• Requiring progress reports on additional district corrective action activities; and/or,
• Requiring adoption of specific policies, procedures, or curriculum improvement activities.

In addition, this district will be prohibited from using the flexibility available under the maintenance of effort provisions of the IDEA and will be required to budget for special education in 2010-11 at least as much state or local funds in the aggregate or per/pupil as it budgeted in 2009-10.

Level #5: Needs substantial intervention (One (1) district)

As described above, ESE has reserved placement at Level 5 to districts with significant special education noncompliance issues that put students with disabilities in the district in jeopardy of not receiving FAPE. This is the first year that a district has been placed at this level. In this case, ESE may withhold, in whole or in part, any federal special education funds under fund code 240 that we deem necessary and will take any other enforcement activity we determine is required, including all activities identified for other Levels and/or the following:

• Recovering state or federal special education funds, as appropriate;
• Conducting a review of the district's fiscal effort according to the Maintenance of Effort requirements of the law;
• Denying the district's participation in discretionary grant programs until specific improvements are completed; and/or,
• Requiring specific personnel assignment under ESE's direction.

In addition, this district will be prohibited from using the flexibility available under the maintenance of effort provisions of the IDEA and will be required to budget for special education in 2010-11 at least as much state or local funds in the aggregate or per/pupil as it budgeted in 2009-10.

The Office of Special Education Planning and Policy Development will notify each district of the level to which it has been assigned for special education accountability very shortly.

1 As required by federal Section 616(b)(1)(A) and 642 of the Individuals with Disabilities Education Act (IDEA-2004), and for internal use.

2 At: http://www.doe.mass.edu/sped/spp/

3 The term "district" includes districts composed of single schools such as charter or regional vocational high schools.

4 At: http://www.doe.mass.edu/sped/spp/full.doc - i3