Special Education Policy Memo SY2022-2023 — 4

Advance Notice of Update to the Web Based Monitoring System (WBMS) for State Performance Plan and Annual Performance Report (SPP/APR) Indicators 11 and 12 Data Collection

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Purpose

The purpose of this memo is to provide districts collecting State Performance Plan and Annual Performance Report (SPP/APR) Indicator 11 and 12 data with advance notice that in December 2022 the Web Based Monitoring System (WBMS) data collection form was updated to better align with the Individuals with Disabilities Education Act (IDEA) and Massachusetts state regulations.

Background

Both the federal Individuals with Disabilities Education Act (IDEA) and Massachusetts state regulations set forth required timelines with which districts must comply for Child Find/Initial Evaluations¹ and Early Childhood Transition² — the SPP/APR Indicators 11 and 12 respectively. Per these regulations, districts should have policies and procedures in place that ensure all federal and state established timelines are met for both Initial Evaluations and Early Childhood Transition.

Within the regulations there are specific situations in which a delay that results in exceeding the timeline is still compliant. The allowable reasons are as follows:

• For Indicator 11 (Child Find/Initial Evaluations):
  • The parent of a child repeatedly refused or failed to produce the child for the evaluation. This allowable reason includes situations when:
    • the evaluation was completed on time, but the Individualized Education Program (IEP) meeting was postponed due to parents documented request.
    • the parent withdrew or refused consent to evaluate.
    • there are documented delays in making contact with parents to schedule the evaluation.
    • the parent canceled the scheduled evaluation.
    • there is an extended student illness.
  • The child transfers out of the school district.
  • The child transfers into the school district after the timeframe for initial evaluations has begun, but prior to a determination being made.
  • A mutually agreed upon extension with the parent is documented. See Extended Evaluation³ for more information.
  
  
• For Indicator 12 (Early Childhood Transition):
  • The child was determined eligible for early intervention services under Part C fewer than 90 days before their third birthday.
  • Despite repeated⁴ requests from the LEA, the parent of the child:
    • did not provide consent or revoked consent for evaluation.
    • did not produce the child for evaluation.
    • did not attend scheduled meetings.
    • did not provide consent for initial services.
  • The child is deceased.
  • The child moved out of the jurisdiction of the LEA before their third birthday.
  • The child's third birthday occurred over the summer; and parents and LEA agree on the date IEP services will begin, and agreement is documented on the Notice of Proposed School District Action (N1).
  
  

  All other reasons for delay of an IEP past the child's third birthday result in a finding of noncompliance for Indicator 12, per the Individuals with Disabilities Education Act (IDEA). This includes children served in Part C but referred to Part B fewer than 90 days before the child's third birthday. The need for an Extended Evaluation under 603 CMR 28.05(2)(b) is not an allowable reason for delay for Indicator 12. Indicator 12 requires that an IEP is in-place and implemented by their third birthday. If as a district you have evaluated, met, and have a signed IEP before their third birthday, then to ensure compliance you should implement before their third birthday.

Web Based Monitoring System (WBMS) Updates

Indicators 11 and 12 data are collected through WBMS. For the 2022-2023 school year and beyond the above stated reasons are the LEA response options for an allowable delay. Additionally, the 'Other' option was removed from both Indicators. If a timeline was delayed and did not meet one of the above stated allowable reasons for the appropriate Indicator, the record will be considered non-compliant.

If you have any questions about the federal or state regulations pertaining to Indicators 11 and/or 12 please contact the Office of Special Education Planning and Policy at specialeducation@doe.mass.edu . If you have any questions regarding the Tiered Focus Monitoring process or WBMS please contact the Office of Public School Monitoring at compliance@doe.mass.edu .

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¹ 34 CFR 300.111 and 300.301 and 603 CMR 28:04

² 34 CFR 300.124 and 34 CFR 300.323 and 603 CMR 28:04 – 28:06

³ 603 CMR 28.05(2)(b)

⁴ "Repeated requests from the LEA" is defined as two or more attempts by the LEA. All attempts (emails, phone calls, letters, etc.) must be documented and maintained by the LEA and are subject to review by the Department of Elementary and Secondary Education.

Last Updated: December 15, 2022