Corrective Action Plan for Special Education

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INTRODUCTION

A review of the federal monitoring report, dated February 16, 1999, indicated that New Jersey State Department of Education (NJSDE) has not exercised its general supervisory authority, has not implemented consistent standards for county supervisors of child study to follow in monitoring, correcting deficiencies, and providing technical assistance to LEAs, and has not provided supervision, guidance and training to the county supervisors of child study. Additionally, the report indicates NJSDE has not implemented an effective monitoring system that has allowed NJSDE to identify and correct deficiencies in districts, subsequently resulting in ongoing noncompliance throughout the state.

In response to these findings, NJSDE proposes a plan to:

implement a system that will allow NJSDE to track, analyze, and utilize data in a manner that will increase its ability to identify noncompliance throughout the state;

redefine the current organizational administrative structure in a manner that will assure consistency among the county supervisors of child study regarding monitoring of all areas of noncompliance through the tracking and analysis of data and the correction of those deficiencies;

provide technical assistance to the county supervisors of child study to ensure a higher level of supervision, guidance and training; and,

implement a comprehensive monitoring system that will allow NJSDE to effectively and promptly correct areas of noncompliance once they are identified.

This report is presented in two sections. Section one describes those actions already taken to address the areas of deficiencies identified in the February 16, 1999 federal monitoring report. Section two describes the corrective action plan developed by NJSDE to correct those areas of deficiency.

SECTION ONE

A. IMPROVEMENTS IN MONITORING ACTIVITIES IMPLEMENTED DURING THE 1998-1999 SCHOOL YEAR

Changes have already been implemented during the 1998-1999 monitoring year to NJSDE's ability to exercise its oversight authority; to identify areas of noncompliance throughout the state; and to take immediate action to correct those identified areas of noncompliance. The changes to this year's monitoring of least restrictive environment and procedural safeguards include:

I. On-Site Monitoring:

utilizing a team approach to monitoring LEAs;
the development of a new monitoring instrument that provides a clearer, more detailed description of regulatory requirements, compliance indicators and standards;
the provision of numerous technical assistance sessions by the Office of Special Education Program staff members that ensured the consistent application of regulations by the county supervisors of child study throughout this year's monitoring cycle;
the provision of district profiles to the county supervisors of child study prior to the initiation of on-site monitoring activities which allowed the teams to identify LEAs that appeared to provide a limited number of placement options to classified students;
a new reporting format that provided clear descriptions of the monitoring conclusions requiring corrective action;
the provision of a state developed and recommended IEP that contains all of the mandated components;
the clarification of the role of the twenty-one county superintendents of schools in the special education monitoring process; and,
the central office review and approval of all corrective action plans in addition to the review and approval at the county level.

Additional changes were implemented this year in the identification of areas of noncompliance through the utilization of other sources of data. These sources included:

II. Targeted Administrative Reviews:

Reviews of LEAs who continually fail to implement all or part of a corrective action plan. Two such reviews by county supervisors of child study and staff from the Office of Special Education Programs are underway.

III. Complaint Investigations:

Complaint investigation findings and conclusions were used by the monitoring teams to identify areas of noncompliance.
A number of side issues were identified that will require the development of additional corrective action plans on issues not specifically targeted for monitoring during the 1998-1999 cycle.
Regularly scheduled meetings have been occurring with administrators from the Trenton Public Schools and the Newark Public Schools to ensure consistent monitoring of the progress these LEAs are making toward correcting the areas of noncompliance identified in past investigations and monitorings.

As a result of these improvements, a significant increase in the identification of noncompliance has been noted.

B. REDEFINED ORGANIZATIONAL STRUCTURE

I. Revision to the organizational structure will allow NJSDE to exercise its general supervisory authority by assigning specific responsibilities to ensure coordinated and consistent efforts between the Office of Special Education Programs and the Division of Field Services. A new position within the Office of Special Education Programs has been created and the responsibility of the county superintendents for special education services has been clarified.

The newly identified position of coordinator of county supervisors of child study will be assigned to the Bureau of Program Review and Approval within the Office of Special Education Programs. This individual will serve as the liaison between the Division of Field Services and the Office of Special Education Programs. The job responsibilities assigned to this position will include but not be limited to:

the coordination and supervision of the twenty county supervisors of child study regarding their implementation of all required activities;
the provision of regulatory technical assistance to the county supervisors of child study;
the provision of technical assistance to the county supervisors of child study that will ensure consistency in their application of appropriate monitoring and reporting activities;
the review of reporting instruments, monitoring reports of findings and conclusions, approval procedures, and corrective action plans;
the provision of uniform procedures for implementation of all activities required by the Office of Special Education Programs;
the establishment and scheduling of monitoring teams;
organize and chair regularly scheduled statewide meetings with the Office of Special Education Programs and the Division of Field Services to:
ensure consistency of information;
provide timely reporting of monitoring activities and their results; and,
provide input to the twenty-one county superintendents of school regarding the job performance of the county supervisors of child study.

II. The revised organizational structure will also serve to clarify the responsibility of the county superintendents of schools and the central office staff of the Office of Special Education Programs regarding special education services. During the 1998-1999 monitoring year and for every monitoring year within the new monitoring cycle, each county superintendent of schools will review and approve all special education monitoring reports for the LEAs located within their counties. They will also approve every corrective action plan submitted by the noncompliant districts within their counties. Additionally, during the 1998-1999 monitoring cycle and in future monitoring cycles, the director of the Office of Special Education Programs will review and approve corrective action plans, statewide.

SUMMARY OF CHANGES IMPLEMENTED

NJSDE is assuring its intent to exercise its general supervisory authority by continuing to improve its system of identification of noncompliance; by redefining its organizational administrative structure to include a direct linkage between the Office of Special Education Programs and the Division of Field Services; by clarifying the role of the county superintendents' in special education monitoring activities; and by implementing an approval process within the Office of Special Education Programs that requires the approval of the state director of every corrective action plan developed by noncompliant LEAs.

SECTION TWO

CORRECTIVE ACTION PLAN

PART ONE

I. GENERAL SUPERVISION

NJSDE will develop and implement a plan, with detailed steps and timelines, that will ensure that, within one year from the date of this Report:

NJSDE ensures its monitoring system is effective in identifying noncompliance throughout the state regarding all Part B requirements;
NJSDE ensures that any noncompliance identified through monitoring is effectively and promptly corrected; and,
NJSDE ensures that, when necessary because of uncorrected noncompliance by public agencies, including noncompliance identified through monitoring, NJSDE takes prompt and effective enforcement action.

PRIMARY ACTIVITIES FOR PART ONE

The improvement of NJSDE's current monitoring system that will serve as a mechanism within the general supervisory plan to effectively identify noncompliance throughout the state.
The development and implementation of a system of oversight and review that will serve as a mechanism within the general supervisory plan to effectively and promptly correct noncompliance.
The expansion of NJSDE's enforcement system that will serve as a mechanism within the general supervisory plan to initiate sanctions against LEAs when those LEAs fail to correct the identified areas of noncompliance.

A. SYSTEM OF COMPREHENSIVE MONITORING

OVERVIEW

During the 1999-2000 school year, NJSDE will pilot a self-assessment based monitoring system. This system will allow NJSDE to obtain, analyze, and review data in a way that will enable it to identify, on a statewide basis, areas of noncompliance and areas needing improvement. Sources of data include:

the findings and conclusions resulting from compliant investigations and targeted administrative reviews;
the findings and conclusions contained in both regular and special education monitoring reports;
the documented lack of progress toward compliance identified in quarterly status reports of outstanding corrective action plans;
upward trends in classification rates; and,
the identification of patterns of placing students in segregated settings.

The self-assessment document will be employed in two ways. First, the self-assessment document will be used by LEAs to assist them in identifying areas of noncompliance and areas identified as needing improvement. Second, the self-assessment document will be used by the monitoring teams as the monitoring instrument for comprehensive on-site reviews. NJSDE will conduct comprehensive on-site monitorings in twenty-five LEAs during the pilot year. Thirty LEAs will be selected to complete the self-assessment document. Both on-site monitoring activities and the completion of the self-assessment document will result in the development of corrective action plans and improvement plans. Each plan will be reviewed and approved by the LEA's local board of education, by the county superintendent of schools and by the director of the Office of Special Education Programs. All corrective action plans and improvement plans will be reviewed twice a year by the LEAs. The LEAs will submit progress reports reflecting these reviews and statements of progress to the county offices. The county supervisors of child study will monitor LEA progress and report the findings to the Office of Special Education Programs three times a year. Should an LEA fail to demonstrate sufficient progress toward compliance, enforcement actions will be initiated.

The following chart depicts the monitoring cycle proposed by the NJSDE:

YEAR	ACTIVITY
Pilot year (1999-2000)	1. NJSDE will conduct on-site monitorings in 25 LEAs. -------------------------------------------------------------------------------------- 2. 35 LEAs will be selected* to pilot the self-assessment document. 3. 35 LEAs will complete the self-assessment document as part of the pilot. 4. Technical assistance will be provided in completing the self-assessment document as part of the pilot. 5. Corrective action plans and improvement plans will be developed by each LEA. * see page seven
Year one (2000-2001)	1. The self-assessment document will be revised, as needed. 2. NJSDE will conduct on-site monitorings of the 35 LEAs that completed the self-assessment document as part of the pilot. 3. The 25 LEAs that were monitored on-site during the pilot year will complete the improvement section of the self-assessment document. 4. Approximately 275 LEAs will complete the revised self-assessment document with technical assistance from NJSDE. 5. Corrective action plans and improvement plans will be developed by each LEA. 6. Corrective action plans and improvement plans from the pilot year will be tracked and reviewed by NJSDE.
Year two (2001-2002)	1. Another 275 LEAs will complete the self-assessment document with technical assistance from NJSDE. 2. NJSDE will conduct on-site monitorings in a percentage of the 275 LEAs from year one. 3. Corrective action plans and improvement plans from the previous year will be tracked and reviewed by NJSDE.
Year three (2002-2003)	1. NJSDE will conduct on-site monitorings in a percentage of the 275 LEAs from year two. 2. Corrective action plans and improvement plans from previous years will be tracked and reviewed by NJSDE.
Year four (2003-2004)	1. NJSDE will conduct on-site monitorings in a percentage of LEAs. 2. Corrective action plans and improvement plans from previous years will be tracked and reviewed by NJSDE.
Year five (2004-2005)	1. NJSDE will conduct on-site monitorings in a percentage of LEAs. 2. Corrective action plans and improvement plans from previous years will be tracked and reviewed by NJSDE.

Year six (2005-2006)

1. NJSDE will conduct on-site monitorings in all remaining LEAs.

2. Corrective action plans and improvement plans from previous years will be tracked and reviewed by NJSDE.

DISCUSSION

Identification of LEAs for on-site monitoring: *The following sources of data will be reviewed and analyzed to identify the first twenty-five LEAs that will be monitored on-site and the first thirty-five LEAs that will complete the self-assessment document and subsequent LEAs during years one through six of the monitoring cycle:

the number and type of confirmed identified areas of noncompliance resulting from complaint investigations of LEAs;
review of the findings of targeted administrative reviews conducted in response to an LEA's failure to fully implement previous corrective action plans and prior to considering the withholding of entitlement funds;
review and analysis of the findings obtained from previously conducted regular education "thorough and efficient" monitoring reports;
review and analysis of the findings obtained from previously conducted special education monitoring reports;
review of the progress LEAs are making toward compliance with corrective action plan directives as reported in quarterly status reports;
review and analysis of identified patterns and trends of increased numbers of classifications in LEAs;
review and analysis of LRE information, including district profiles developed by the NJSDE;
review and analysis of identified patterns and trends in increased numbers of drop-outs in LEAs;
review and analysis of the results of self-assessments completed by LEAs, and
the number of requests in each LEA for mediation and/or due process.

Every county in the state will be represented in the selection of the first twenty-five LEAs that will be monitored on-site and the first thirty-five LEAs that will complete the self-assessment document. They will represent over 43 percent of the total population of students with disabilities in the state.

At the conclusion of the pilot year, any needed revisions will be completed. An assessment of staffing needs will be conducted to determine whether additional personnel are required to effectively implement all components of the self-assessment based monitoring system.

A 1. ON-SITE MONITORING PROCESS

Monitoring teams for on-site monitorings: The number of county supervisors per team and the amount of time the team spends in the LEA will be determined by the size of the LEA. Each team will be assigned by the Office of Special Education Programs in consultation with the Division of Field Services through the coordinator of county supervisors of child study.

Oversight of all team activities and work products will be coordinated through the coordinator of county supervisors of child study. Prior to the on-site monitorings, the coordinator will have provided training and technical assistance to the county supervisors of child study regarding the monitoring instrument and monitoring techniques. Focus groups run by NJSDE will identify areas of strength and weakness prior to the on-site monitoring and review of all other areas. Once these areas are identified, teams will conduct the comprehensive on-site monitoring using the monitoring document.

Development of the written report: Each written report will be developed based on the information, findings, and conclusions of the entire team. Once developed, reports will be reviewed by NJSDE prior to being signed by the county superintendent of schools for the county in which the LEA is located. Each report will be sent to the LEA's chief school administrator (CSA) and to the LEA's board of education to ensure an increased level of awareness of the noncompliance within the LEA.

A 2. THE SELF-ASSESSMENT DOCUMENT PROCESS

Focus Groups and Steering Committees: As part of the self-assessment, each LEA will create a steering committee and provide the opportunity for community input in order to identify the LEA's strengths, weaknesses, and areas of concern. The steering committee will utilize that information as it reviews the self-assessment document. The steering committee should represent the various constituencies and may include professionals, parents, and students, where appropriate. The LEA will assure the steering committee is provided with the opportunity to review and comment on the completed document. A standing committee will review and revise the corrective action plans and improvement plans each year to ensure a continuous review of progress toward program compliance and improvement.

Self-assessment Document: The purpose of the self-assessment document is to raise academic performance for all students in the state, and to effect greater accountability for public education. The results of the self-assessment document:

will serve as an effective method to monitor LEA compliance with federal and state requirements;
will assist the LEA in developing corrective action plans to correct the identified deficiencies;
will assist the LEA in identifying areas needing improvement;
will allow the LEAto establish priorities, determine technical assistance needs, and develop improvement plans;
will serve as a mechanism to implement change;
will serve to evaluate the impact of that change on student outcomes; and,
will serve as a systematic method to improve and sustain an educational system that will positively effect student outcomes.

A 3. DEVELOPMENT AND APPROVAL OF CORRECTIVE ACTION PLANS

Development of corrective action plans: As a result of complaint investigation, targeted administrative review, on-site monitoring or the completion of the self-assessment document, should areas of noncompliance be identified, each LEA will be required to develop a corrective action plan. Each corrective action plan will include:

compliance activities to address each area of identified noncompliance;
specific personnel who will be responsible for ensuring progress within each compliance activity;
the projected date of the implementation of each compliance activity; and,
specific documentation that will be submitted to substantiate progress toward compliance.

Approval of the corrective action plan: Each LEA will submit the corrective action plan to its local board of education for approval at a public meeting. This approval will serve as documentation that the board is aware of the activities necessary to bring the district into compliance and will assure that resources are available to appropriately implement these compliance activities. Once the corrective action plan is approved by the school board, it is then submitted to the appropriate county superintendent and the director of the Office of Special Education Programs for approval.

B. PROMPT CORRECTION OF NONCOMPLIANCE

OVERVIEW

NJSDE has already begun to develop and implement a system that will allow it to provide consistent oversight and review of LEA developed corrective action plans resulting from the self-assessment based identification system developed above, complaint investigations and targeted administrative reviews. Review activities will be conducted collaboratively by staff assigned to the Division of Field Services, specifically the county supervisors of child study and the county superintendents of schools; and staff assigned to the Office of Special Education Programs, specifically, the coordinator of county supervisors of child study and other staff from the Bureau of Program Review and Approval, the Bureau of Policy and Planning, and the Bureau of Program Development. Direct oversight and review of special education monitoring activities of the county supervisors of child study will be the responsibility of the coordinator of county supervisors of child study, Office of Special Education Programs.

DISCUSSION

Oversight and review activities: The pilot year and years one through six of the monitoring cycle will yield corrective action plans from every LEA determined to have identified areas of noncompliance through completion of the self-assessment document and participation in on-site monitoring. Additionally, corrective action plans will result from complaint investigations and targeted administrative reviews. The county superintendents of schools and their county supervisors of child study, will be responsible for the oversight and review of the LEAs' progress toward correcting all areas of identified noncompliance. The county superintendents of schools and the county supervisors of child study will demonstrate this oversight and review by:

ensuring through the application for IDEA funds that the local board of education has allocated the resources necessary for implementation of all corrective action activities and improvement plan activities;
verifying all documentation submitted by the LEA that assures the implementation of corrective action activities; and,
reporting to the Office of Special Education Programs, through the coordinator of county supervisors of child study, the status of all outstanding corrective action plans in their counties.

Twice a year, every LEA will be required to review its progress toward correcting areas of noncompliance identified through monitoring, complaint investigation and/or targeted administrative review, and areas needing improvement. Based on that review, each LEA:

will submit a status report of its progress to its county office.

Three times a year, every county supervisor will submit a status report of corrective action plans resulting from complaint investigations, targeted administrative reviews, on-site monitorings, and completion of the self-assessment document, to the Office of Special Education Programs through the coordinator of the county supervisors of child study. These reports will be reviewed to determine whether the LEA is making progress toward correcting its deficiencies and improving its programs and services, whether the LEA is making little or no progress, or whether the LEA has fully implemented its plans.

Should it be determined by the Office of Special Education Programs, in consultation with the Division of Field Services, that an LEA is failing to comply with the timelines identified in the corrective action plan or is failing to implement the compliance activities, the LEA will be directed to meet on a scheduled basis with its county supervisor of child study to set specific, targeted goals and timelines pertaining to the identified compliance activities in the corrective action plans. The county supervisor will utilize these goals as indicators of whether the LEA is implementing the compliance activities within the compliance timelines.

The county superintendent and the county supervisor will report progress or lack of progress to the LEA's CSA, local board of education and to the Office of Special Education Programs through the coordinator of county supervisors of child study. Should this level of review and oversight fail to lead to an effective and prompt correction of the identified areas of noncompliance, enforcement activities may be initiated.

C. SYSTEM OF ENFORCEMENT ACTIVITIES

NJSDE continues to assure its intent to take prompt and effective enforcement actions when it is determined that an LEA is failing to correct identified areas of noncompliance. These enforcement actions include:

denial of an application for entitlement funds;
redirection of entitlement funds;
discontinuation of regular distribution of entitlement funds;
withholding of entitlement funds;
withholding state funds;
referral to the Office of the Attorney General to initiate the issuance of a show cause order; and,
referral to the Office of Compliance for further action.

Denial of an application for entitlement funds: Should a determination be made by the county superintendent of schools that the LEA has continually failed to correct areas of identified noncompliance, the county superintendent of schools may deny the LEA's application for entitlement funds pending the LEA's correction of the deficiencies.

Redirection of entitlement funds: Should a determination be made by the county superintendent of schools and the director of the Office of Special Education Programs that after being directed to utilize entitlement funds to correct outstanding areas of noncompliance identified through monitoring and/or investigation activities, the LEA fails to do so, the county superintendent of schools and the director of the Office of Special Education Programs through the Division's assistant commissioner may notify the LEA that the entitlement funds will be redirected by NJSDE to correct those identified areas of noncompliance.

Discontinuation of the regular distribution of entitlement funds subsequent to disbursement: Should a determination be made by the county superintendent of schools and the director of the Office of Special Education Programs that an LEA is continually failing to correct the deficiencies identified through investigation activities and/or monitoring activities, the LEA may be notified by the Division's assistant commissioner that the distribution of its entitlement funds will be discontinued. Should the LEA take no action to demonstrate its intent to take steps to correct the deficiencies, the LEA may be notified that steps to withhold future entitlements will be initiated.

Withholding of entitlement funds prior to disbursement: Should a determination be made by the county superintendent of schools and the director of the Office of Special Education Programs prior to the disbursement of entitlement funds that the LEA is continually failing to correct identified areas of noncompliance or that the LEA is unwilling to correct identified areas of noncompliance, the LEA may be notified by the Division's assistant commissioner that NJSDE intends to withhold the LEA's entitlement funds.

In May 1998, as a result of the Trenton Public School's inability to take any action to correct the numerous areas of noncompliance identified through on-site monitoring and complaint investigation findings, the NJSDE notified the LEA that their entitlement funds would be withheld unless the LEA took effective actions to correct the identified areas of noncompliance. On July 6, 1998, when it was determined by the county superintendent of schools that the LEA had failed to take any steps toward correcting the deficiencies, the LEA was notified that the funds would be withheld.

The LEA's board of education appointed a new CSA who, in turn, initiated a number of organizational changes, including the appointment of an experienced director of special services in November 1998. As a result of the new appointments and the restructuring of their administrative organization and the direct oversight of implementation of compliance activities by the county office, the following improvements have been noted:

outstanding, noncompliant cases requiring evaluations have been identified;
contracted agencies have been employed to complete these backlogged cases;
child study team members are being supervised and evaluated;
productivity levels of child study team members are being monitored;
technical assistance manuals have been revised and distributed to staff;
mandated documents and forms have been revised and distributed to staff;
technical assistance by LEA administrators and outside consultants has been provided on a consistent basis; and,
LEA administrators are working collaboratively with advocacy organizations to more effectively address parental and community concerns.

In March 1999, when the county superintendent of schools was able to verify the progress the LEA had made toward correcting the identified areas of noncompliance, a collaborative determination was made by the county superintendent of schools and the director of the Office of Special Education Programs to reinstate the entitlement funds.

When on-site monitoring and complaint investigations identified continued noncompliance in the Newark State-Operated School District, a plan to effectively correct those deficiencies was implemented. Since February 1999, NJSDE has been conducting meetings twice weekly with administrators from the Newark State-

Operated School District in an effort to oversee the development and implementation of each corrective action component. To date, the district has submitted a corrective action plan, identified a significant number of noncompliant initial cases, implemented changes in its organizational structure, and established a site-based supervisory structure.

Withholding state funds: Should a determination be made that the LEA is failing to correct the identified areas of noncompliance in spite of the withholding of the LEA's entitlement funds, steps may be taken to initiate the withholding of state funds.

Referral to the Office of Compliance or the Office of the Attorney General: Should a determination be made that an LEA is failing to comply with the directives issued by the Assistant Commissioner, the county superintendent of schools, and the director of the Office of Special Education Programs, steps may be taken to obtain a show cause order or to involve the Office of Compliance, which in turn may lead to a state takeover of the LEA.

Placement in the Least Restrictive Environment

Part Two

New Jersey State Department of Education will develop a plan that will ensure that:

Students with disabilities are removed from the regular education environment only when the nature or severity of the disability is such that education in the regular education environment with the use of supplementary aids and services cannot be achieved satisfactorily.
Children with disabilities participate with nondisabled in nonacademic and extracurricular services and activities, to the maximum extent appropriate.
The placement for each child with a disability is based upon his or her IEP.

Activities	Implement Date	Individual Responsible	Documentation
Monitoring: NJSDE is monitoring, state-wide, issues of placement in the least restrictive environment. Corrective action plans resulting from the current on-site monitorings will be monitored and reviewed. NJSDE has directed the LEAs identified in the federal monitoring report to develop corrective action plans that identify procedures that: will allow the LEA to consider the individual needs of students regarding participation in regular education with the use of supplemental aids and services; will allow the LEA to consider the individual needs of students regarding participation with nondisabled peers in nonacademic and extracurricular activities; and, will allow the LEA to document these individual considerations and determinations in IEPs. All corrective action plans will be reviewed to determine the LEAs' progress toward compliance. NJSDE will include these four LEAs in the pilot	1/1999 5/1999-on-going 3/1999 7/1999	Staff from NJSDE Staff from NJSDE NJOSEP Staff from NJSDE	sample monitoring reports; comparison of current and previous identified noncompliance in LRE copies of status reports letters to LEAs sample corrective action plans
NJSDE Directives: NJSDE will issued a policy statement, statewide, regarding the regulatory requirements and the state's position on placement of students with disabilities in the least restrictive environment. NJSDE will reissue the 1995 memorandum.	8/1995 4/1999	OSEP OSEP	copy of the memorandum copy of the memorandum
Technical Assistance: NJSDE will provide technical assistance to the 28 LEAs identified in the Abbott Decision regarding the creation of preschool programs with a focus on increasing regular education placement options for preschool disabled students. NJSDE conducted and will continue to conduct statewide trainings for LEA administrators regarding: LRE options for preschool students with disabilities; the adaptation of general education programs for students with moderate to severe disabilities; and, developing IEPs for students with disabilities that reflect the emphasis of student participation in the general education curriculum. NJ will publish an inclusion newsletter to disseminate best practices information to parents and educators. NJSDE has developed and provided an IEP document that provides LEAs with: a clear process for making individual determinations regarding placement decisions; and, a way to document that individualized decision-making process in the IEP.	9/2000 1998-1999 school year 5/1999 1/1999	Staff from NJSDE; consultants Staff from NJSDE Staff from NJSDE; members of an advocacy agency Staff from OSEP; advisory group	copy of materials to be provided to LEAs copy of materials provided to LEAs letter of agreement with an advocacy agency sample IEP
Regulatory Changes: Significant changes were made to the New Jersey Administrative Code that increased the opportunity for preschool disabled students to be placed in regular education settings. These changes simplified the process to: allow local boards of education to place preschool disabled students in community based programs approved by a government agency; and, require a member of the LEA's child study team to be a participant in the transition planning meeting in preparation for the student's move from early intervention to a district program.	7/1998	NJSDE	New Jersey Administrative Code 6A:14
Capacity Building Grants: NJSDE has proposed focusing capacity building funds on the state's goal of increasing the number of students with disabilities who are educated in general education programs with appropriate supports and services.	2000/2001 school year	NJSDE	copy of long-range plan

Free Appropriate Public Education

Part Three

NJSDE must develop and implement a plan that will ensure:

Extended school year services are provided to all children with disabilities who require them as a component of a free appropriate public education.
All children who need counseling services to benefit from special education, receive such services consistent with their IEPs are provided as defined under§ 300.16(b)(8) for all students who need them to benefit from special education.

Activity	Implement Date	Individual Responsible	Documentation
Regulatory Changes: Significant changes were made to the New Jersey Administrative Code regarding extended school year services. The code: sets a standard for LEAs regarding the determination of the need for extended school year services; and, identifies that standard as the consideration of a regression/recoupment formula and other relevant factors that must be used in the determination process for identifying individual student needs for extended school year services.	7/1998	NJSDE	New Jersey Administrative Code 6A:14
NJSDE Directives: NJSDE will issue a memorandum specifically directing LEAs to comply with the regulatory requirements governing the provision of extended school year services and the provision of related services.	5/1999	OSEP	copy of directives
Technical Assistance: NJSDE has developed and provided an IEP document that provides LEAs with clearly stated regulatory considerations that must be utilized in the decision-making process to ensure individualized determinations regarding extended school year services. NJSDE is planning technical assistance sessions on the IEP document developed by the state. These sessions will include: information regarding the process LEAs need to follow to appropriately determine the individual needs of students as they pertain to extended school year services and related services; and, information that will allow LEAs to appropriately document that process within the IEP.	1/1999 1/1999	OSEP OSEP	sample IEP copies of materials provided at sessions
Monitoring Activities: NJSDE directed the LEAs identified in the federal monitoring report to develop corrective action plans that identify procedures that: will allow the LEA to appropriately consider the individual needs of students regarding the provision of related services and extended school year services; and, will allow the LEA to document those individual considerations and determinations in IEPs. NJSDE has directed the LEAs to provide compensatory services to those students who failed to receive services in accordance with their IEPs. All corrective action plans will be reviewed to determine the LEAs' progress toward compliance in this area.	3/1999 7/1999	NJOSEP Staff from NJSDE	copies of letters to LEAs sample corrective action plans

Statement of Needed Transition Services

Part Four

NJSDE will develop and implement a plan that will ensure:

Beginning no later than age 16 (beginning at age 14, consistent with New Jersey's State standard, and at a younger age if determined appropriate), each student's IEP includes a statement of the needed transition services as defined in §300.18.

CLARIFICATION: In July 1998, NJSDE implemented a regulatory change to the New Jersey Administrative Code. In order to comply with the transition standard established in IDEA 1997, the New Jersey Administrative Code states:

For students with disabilities age 16 and over, or younger if deemed appropriate, a statement of needed transition services including when appropriate, a statement of the interagency responsibilities, or any needed linkages.

Activities

Implement Date

Individual Responsible

Documentation

Technical Assistance: NJSDE has conducted 12 technical assistance sessions for directors of special education, statewide. These sessions provided directors with a framework for implementing federal and state requirements related to transition planning and programming. Directors were provided with:

the key concepts underlying the transition planning process;
an understanding of who the essential participants are and their individual roles in the transition planning process;
the stages in the transition planning process;
an understanding of the relationship between long range transition planning and IEP development; and,
best practices strategies that can be applied throughout the transition planning process with an emphasis on positive student outcomes.

NJSDE is providing a system of technical assistance to LEAs through its transition initiative. This initiative will assist LEAs in identifying areas of strength and weakness in terms of transition program availability in order to improve their current transition programs and services.

2/1999

9/1998

NJSDE; consultant

OSEP

copies of materials provided at the sessions

samples of LEA requests for technical assistance

Projects Sponsored by NJSDE: NJSDE has sponsored a number of projects throughout the state to address issues regarding transition services:

NJSDE funds positions in DVRS that allow DVRS counselors to work with instructional staff, administrators, and child study team members regarding the process leading to appropriate transition planning and the development of additional transition programs.
NJSDE is currently sponsoring the 1999 Regional Student Leadership and Self-Advocacy Conferences throughout the state. These conferences will allow students with disabilities the opportunity to experience student-run, self-advocacy workshops that are hosted and led by students from around the state.

1/1998

3/1999

Staff from OSEP and DVRS

Staff from OSEP

letters of understanding

Student Leadership Conference announcements

Future Projects: NJSDE will organize a group of special education teachers whose focus will be to identify strategies for incorporating career awareness, student self-determination, workplace readiness skills, and community involvement into programs for students with disabilities.

These strategies will be disseminated to LEAs during future trainings and technical assistance activities.

8/1999

2/2000

Staff from OSEP

meeting agenda; work products

document resulting from this activity.

Monitoring: NJSDE has directed the LEAs identified in the federal monitoring report to develop corrective action plans that identify procedures that:

will ensure that IEPs of students with disabilities age 16 and over, or younger if deemed appropriate, includes a statement of needed transition services.
may include the utilization of the state developed IEP form to ensure compliance with federal and state requirements regarding transition planning and services.

All corrective action plans will be reviewed to determine the LEAs' progress toward compliance in this area.

NJSDE will focus on the area of transition in all on-site monitorings and in completing the self-assessment document.

3/1999

7/1999

9/1999

OSEP

Staff from OSEP and DFS

copies of letters

samples of corrective action plans

samples of monitoring reports and completed self-assessment documents