Special Education Disproportionality Self-Assessment: Verification of Non-Compliance

Verifying Non-compliance is Corrected

The WDPI verifies all public agencies have corrected any identified noncompliance, and are currently in compliance with regulatory requirements, within one year of notifying public agencies of noncompliance. The verification process is conducted as soon as possible and prior to the end of the one-year period for correcting noncompliance, so WDPI may provide additional technical assistance to ensure the public agency’s noncompliance is corrected within one year of notification. The WDPI determines whether noncompliance is corrected by examining pupil records and other documents and conducting interviews when warranted. WDPI staff randomly selects students from the samples and examines their records. WDPI may collect data or conduct interviews onsite when warranted. The WDPI determines whether the agency is currently in compliance with regulatory requirements by examining a reasonable sample of randomly selected pupil records created after the agency completes its corrective action activities.

When, as a result of its verification activities, the WDPI determines all noncompliance is corrected and the agency is currently in compliance with regulatory requirements, the WDPI notifies the public agency it is in compliance. If the WDPI determines all noncompliance is not corrected, or the agency is not currently in compliance with regulatory requirements, the WDPI will provide training or technical assistance to assist the public agency to correct the noncompliance as soon as possible. Verification activities continue until the public agency is able to demonstrate 100% compliance. If the public agency is an independent 2r charter school, the school’s status is reported by WDPI to the school’s authorizing entity. The self-assessment is complete when WDPI verifies all noncompliance is corrected and notifies the agency.

Annually, WDPI is required to make a determination about whether each public agency meets the requirements and purposes of IDEA. If the agency does not correct identified noncompliance and demonstrate it is currently in compliance with regulatory requirements within one year of being notified of noncompliance by WDPI, the public agency’s annual determination is affected and other sanctions may be applied.