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KSDE SETS Special Education Administrators' Quarterly #2

October 22, 2022

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Objectives

  • Review and application of timely special education requirements

  • Provide opportunities for increased capacity for special education leaders

  • Build collaboration and coordination within special education leadership and with the Kansas State Department of Education (KSDE) and Kansas Technical Assistance System Network (TASN) providers

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Agenda

  • Welcome, Purpose, and Agenda
  • Setting the Stage
  • “ The 100 Days Extended Checklist”
  • Foundation: IEP Requirements
  • Application: You Be the File Reviewer

Lunch

  • Updates from KSDE SETS
  • Diving In: District Corrective Action Plans (DCAPs)
  • Application: Scenarios and Systems
  • Next Steps and Close

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Resources within Reach

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Before We Dive In

Let’s Chat

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In the Room with Us

  • Please find someone in the room that you do not know.
  • Once paired, jump in with introductions and then the question of the day.
  • Be prepared for a quick whip-around of first name and answer to the question when time is called.

Question of the day: “Why You Got Into Education”

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Welcome

Bert Moore

Director, Special Education and Title Services (SETS), Kansas State Department of Education (KSDE)

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Revisiting the 100 Days Extended Checklist

Doug Tressler, GSTAD, TASN

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Getting everyone on the right PAGE

  • Critical Time: The next 100 days are critical, this is where the Director must have a solid understanding of Special Education AND related services.

  • What is Happening: IEPs are in progress, Participation as an LEA, Approval as an Administrator, Guidance as an educator, Engagement as a Leader

  • Focus: Mission, Vision, Evaluation, Professional Development

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Foundation: IEP Requirements

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Key Features of an Annual Goal

Let’s Calibrate!

As an Individual (2 minutes)

  • Identify your key features of an annual goal
  • What are the essentials?

As a Table ( 3 minutes)

  • Compare key features and decide on your table’s list.

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IEP per IDEA Sec. 300.320

  1. A REPORT of the circumstances
    1. PLAAFP with input from Parent
    2. INCLUDING THE IMPACT OF THE DISABILITY
  2. A STATEMENT
    • The Goal in light of the circumstances
  3. A DESCRIPTION
    • HOW PROGRESS WILL BE MEASURED
    • WHEN PROGRESS WILL BE REPORTED
  4. An OFFER
    • The Special Education and Related necessary to MEET THE GOAL
      1. LRE

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IEP per IDEA Sec. 300.320

  1. An EXPLANATION
    1. The extent, if any, to which the child will NOT participate with peers
  2. And with the OFFER
    • Necessary accommodations
    • Participation in District and State Assessments
  3. A DATE
    • The PROJECTED DATE for beginning Services

…and as the child gets older…

  1. A Transition
    1. Appropriate PostSecondary Goals
    2. Transition Services
  2. A Transfer
    • The Students Rights at age 18

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THE FOUNDATION

The cornerstone of the IDEA is the entitlement of each eligible child with a disability to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepare the child for further education, employment, and independent living. 20 U.S.C. §1400(d)(1)(A).

Under the IDEA, the primary vehicle for providing FAPE is through an appropriately developed IEP that is based on the individual needs of the child. An IEP must take into account a child’s present levels of academic achievement and functional performance, and the impact of that child’s disability on his or her involvement and progress in the general education curriculum. IEP goals must be aligned with grade-level content standards for all children with disabilities.

Dear Colleague Letter https://sites.ed.gov/idea/files/policy_speced_guid_idea_memosdcltrs_guidance-on-fape-11-17-2015.pdf

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FAPE CLARIFICATION

With the decision in Endrew, F., the Court clarified that for all students, including those performing at grade level and those unable to perform at grade level, a school must offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” This standard is different from, and more demanding than, the “merely more than de minimis” test applied by the Tenth Circuit. As the Court stated, “[t]he goals may differ, but every child should have the chance to meet challenging objectives.”

137 S.Ct. at 1000.

https://sites.ed.gov/idea/idea-files/qa-endrew-f-v-douglas-county-school-district-case-qa/

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What does “reasonably calculated” mean?

The “reasonably calculated” standard recognizes that developing an appropriate IEP requires a prospective judgment by the IEP Team. Generally, this means that school personnel will make decisions that are informed by their own expertise, the progress of the child, the child’s potential for growth, and the views of the child’s parents. IEP Team members should consider how special education and related services, if any, have been provided to the child in the past, including the effectiveness of specific instructional strategies and supports and services with the student. In determining whether an IEP is reasonably calculated to enable a child to make progress, the IEP Team should consider the child’s previous rate of academic growth, whether the child is on track to achieve or exceed grade-level proficiency, any behaviors interfering with the child’s progress, and additional information and input provided by the child’s parents. As stated by the Court, “any review of an IEP must consider whether the IEP is reasonably calculated to ensure such progress, not whether it would be considered ideal.”

137 S.Ct. at 999.

https://sites.ed.gov/idea/idea-files/qa-endrew-f-v-douglas-county-school-district-case-qa/

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Compliance: Who’s job is it?

§ 300.341 Responsibility of SEA and other public agencies for IEPs.

(a) The SEA shall ensure that each public agency-

(1) Except as provided in §§ 300.450-300.462, develops and implements an IEP for each child with a disability served by that agency; and

(2) Ensures that an IEP is developed and implemented for each eligible child placed in or referred to a private school or facility by the public agency.

(b) Paragraph (a) of this section applies to-

(1) The SEA, if it is involved in providing direct services to children with disabilities, in accordance with 300.370(a) and (b)(1); and

(2) Except as provided in § 300.600(d), the other public agencies described in § 300.2, including LEAs and other State agencies that provide special education and related services either directly, by contract, or through other arrangements.

(Authority: 20 U.S.C. 1412(a)(4), (a)(10)(B))

https://www2.ed.gov/parents/needs/speced/iepguide/index.html#writing

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Annual Goals (34 CFR §300.347(a)(2))

"The IEP for each child with a disability must include . . . a statement of measurable annual goals

"(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and

"(ii) Meeting each of the child's other educational needs that result from the child's disability;"

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Progress Reporting (34 CFR §300.347(a)(7)(i))

"The IEP for each child with a disability must include . . . a statement of how the child's progress toward the annual goals described in 34 CFR §300.347(a)(2) will be measured;"

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Progress Reporting (34 CFR §300.347(a)(7)(ii))

"The IEP for each child with a disability must include . . . a statement of how the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of

"(A) Their child's progress toward the annual goals; and

"(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year."

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Behind the Scenes:

File Review

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Goal Basics

  • Every IEP has to have at least 1 goal.

  • All goals must be measurable (File Review Q15).

  • You must have baseline for the goal to judge if the criteria is appropriate and if the student is making progress.

  • The goal, the baseline, and the progress reports must use the same method of measuring the student’s performance.

  • Make sure you are clear who is doing progress monitoring of the goal and reporting to parents

  • The goal is about what improvement you expect the student to make, even if the only service being provided is consultation.

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Measurable Annual Goal�Characteristic #1

Based on data contained in the PLAAFP

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Measurable Annual Goal�Characteristic #2

4 Components:

          • Behavior
          • Conditions
          • Criteria
          • Timeframe

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Measurable Annual Goal Development �

Identify the performance to be measured.

(Behavior)

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Examples of Behavior

Examples:

  • Solve
  • Compose
  • Answer
  • Score
  • Initiate an interaction
  • Increase (e.g., a rate)

Non-Examples:

  • Participate
  • Attend
  • Explore
  • Consider
  • Review

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Measurable Annual Goal Development

Specify how the progress toward the goal will be measured.

(Condition)

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Examples of Condition

Note: This is a measurement condition, not an instructional condition

  • Given a one minute 2nd grade oral reading fluency probe
  • Given 10 comprehension questions about a 5th grade text
  • Given a 10th grade English Class writing assignment and using the district writing rubric
  • Given a maze passage at the student’s instructional reading level
  • Given a research rubric to develop a research paper in science

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Measurable Annual Goal Development

Determine to what level the behavior must occur.

(Criteria)

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Examples of Criteria

  • 90% accuracy
  • 8 out of 10 problems
  • Above the 40th percentile
  • 4 out of 5 on the writing rubric
  • 85 wpm oral reading fluency
  • Remember:
    • The criteria must be higher than the baseline score.
    • You cannot use a rubric where the student’s baseline score is at the maximum for the rubric (e.g., 5 of 5).

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Measurable Annual Goal Development

Specify amount of time that will be required for the student to attain the criterion.

(Timeframe)

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The Timeframe should specify a point in time when the goal will be reached

Acceptable examples:

  • By the end of the IEP year
  • By May 28, 2022
  • By the end of the second semester

Unacceptable examples:

  • Throughout the IEP year
  • For the duration of the IEP period beginning 5/1/21
  • From 8/18/21 through 8/17/22

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File Review: Measuring and Reporting Progress Toward Annual Goals

Was the student’s progress toward meeting each annual IEP goal measured and reported using the method and frequency described in the IEP? (Q16)

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Q 16: Progress Toward Annual Goals

The team must have documentation that shows ALL of the following:

  1. The IEP includes a description of how the student’s progress toward meeting EACH annual IEP goal will be measured.�AND
  2. The IEP includes a description of when periodic reports on the progress the student is making toward meeting each of the annual goals will be provided.�AND
  3. The student’s progress toward meeting EACH annual IEP goal was both measured using the method described in the IEP, AND reported to the parent (or education decision-maker) according to the frequency/intervals described in the IEP.

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Common File Review �findings for Q 16

  • Documentation lacked a description of when periodic reports on progress would be provided to parent/legal education decision maker
  • Only the most recent progress report was provided for file review – you must keep a copy and upload all the progress reports for the IEP under review
  • Progress reporting did not occur for every goal – you must describe when and how progress will be measured for each and every goal along with documentation that progress reports for each and every goal was sent to the parent(s)
  • Progress reporting did not match how the goal indicated it would be measured

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An Example of a Goal for a SWD

  • Goal: By the end of the IEP year, Josie will show improvement in her reading comprehension by scoring nine correct choices (of 10 possible) on a maze probe at the 7th grade level.
  • Baseline data: Josie currently scores 2 correct choices on a maze probe at the 7th grade level. Josie (a 9th grader) is able to score 8 correct choices (of 10 possible) on a maze probe at the 6th grade level.

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An Example of a Progress Report for a SWD

  • Goal: By the end of the IEP year, Josie will show improvement in her reading comprehension by scoring nine correct choices (of 10 possible) on a maze probe at the 7th grade level.
  • 1st Progress Report: Josie has improved her reading comprehension scores. She now scores 10/10 on the 6th grade maze and 4/10 on the 7th grade maze.

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An Example of a Goal for Gifted

  • Goal: By the end of the IEP year, when assigned a research topic, Yolanda will conduct a research project and create a Power point presentation of her research, scoring 20/20 points on a research rubric (see attached research rubric).
  • Baseline data: Yolanda currently scores a 2 on each of the four categories of the research rubric, for a total of 8/20 points.

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An Example of a Progress Report for Gifted

  • Goal: By the end of the IEP year, when assigned a research topic, Yolanda will conduct a research project and create a Power point presentation of her research, scoring 20/20 points on a research rubric (see attached research rubric).
  • 1st Progress Report: Yolanda has identified the topic of her research project and completed the background research (which results in a score of 10/20 rubric points).

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Example of a Goal and �Progress Report

  • Goal: By the end of the IEP year, when given a 8th grade level passage, Gloria will answer 10 inferential type questions about the passage with 90% accuracy. (Baseline: 20% accuracy on 10 inferential questions)
  • 1st progress report: Gloria answered the 10 inferential questions about an 8th grade level passage with 30% accuracy.
  • 2nd progress report: 40% accuracy

(Question for the team: Will she meet her goal? Do we need to amend the IEP?)

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IEP Progress Report Checklist

  • Is the goal measurable?
    • Is the Behavior (skill) clear?
    • Is the measurement Condition understandable?
    • Is the Criteria (measure of success) specific?
    • Is the Timeframe a single point in time that is no more than 1 year away?
  • Does the condition (method for measurement) in the goal match the baseline data?
  • Does the IEP state how progress toward the goal will be measured? Does this measurement method match the Condition in the goal?
  • Does the IEP state when progress toward the goal will be measured?
  • Does the team understand who will be responsible for collecting progress data for each goal?
  • Does the team understand who will be responsible for providing progress reports to the parents?
  • Were progress reports provided to the parent(s) when the IEP stated they would be?
  • Did the progress reports provided to the parent(s) measure the progress for each goal in the way the IEP stated it would be measured?
  • Does the team understand when progress monitoring should trigger a need to amend the IEP or reconvene the team for an IEP meeting?
  • How will you ensure that this year’s progress reports are included in next year’s PLAAFPs?

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THE LEA MUST

Provide for the review and, as appropriate, revision of the IEP.

Each public agency must ensure that, the IEP Team reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved and revises the IEP, as appropriate, to address:

Any lack of expected progress toward the annual goals and in the general education curriculum, if appropriate;

The results of any reevaluation;

Information about the child provided to, or by, the parents, as described under 34 CFR 300.305(a)(2) (related to evaluations and reevaluations);

The child’s anticipated needs; or

Other matters.

In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in 34 CFR 300.324(a)(2) (development of the IEP).

A regular education teacher of the child, as a member of the IEP Team, must, consistent with 34 CFR 300.324(a)(3) (participation of regular teacher in development of the IEP), participate in the review and revision of the IEP of the child.

[34 CFR 300.324(b)] [20 U.S.C. 1414(d)(4)]

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Break!

We will resume in 7 minutes ☺

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You Be the File Reviewer!

Application

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15. Are all of the annual goals in the IEP measurable? 34 C.F.R. 300.320(a)(2)(i); K.S.A. 72-3429(c)(2)

METHOD: Review all of the annual goals in the IEP. Determine if each of the annual goals is measurable. Read about the four critical components of a well-written goal in the Kansas Special Education Process Handbook, Chapter 4, Section E.2.b.

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16. Was the student’s progress toward meeting each annual IEP goal measured and reported using the method and frequency described in the IEP? 34 C.F.R. 300.320(a)(3); K.S.A. 72-3429(c)(3)

METHOD: First, review the IEP to determine if the IEP includes a description of how the student’s progress toward meeting each of the annual goals will be measured. This information could be contained within each goal or in a separate section of the IEP. Next, review the IEP to determine if the IEP includes a description of when periodic reports on the progress the student is making toward meeting each of the annual goals will be provided. Finally, compare these descriptions in the IEP to progress reports in the education record to determine if there is documentation to show a) the student’s progress toward meeting each annual IEP goal was measured as described in the IEP, and b) periodic reports on the progress were provided to the parents (or legal education decision-maker) at the times/intervals required by the IEP.

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Your Turn!

File Review Instructions

As an Individual,

  • Determine compliance for each of the examples.
  • Note your answers on your sheet.

As a Small Group,

  • Compare answers for the examples and make a “final” decision as a group regarding compliance.
  • Note “final” decisions on your group’s sheet.
  • Be prepared to discuss.

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Let’s Discuss

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Community Discussion

Let’s Debrief!

  • What did you group determine for Q15 and Q16 for the example? Quick round robin.

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Up Next

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Heading into the Second Half…

  • Lunch!
    • 11:30am – 12:00pm
    • Roundtables
  • Updates from KSDE SETS
  • Diving In
  • Application: Scenarios and Systems
  • Next Steps and Close

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Thank you! ��We will see you at 12:00pm for the Afternoon Session!

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Welcome Back!

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Objectives

  • Review and application of timely special education requirements

  • Provide opportunities for increased capacity for special education leaders

  • Build collaboration and coordination within special education leadership and with the Kansas State Department of Education (KSDE) and Kansas Technical Assistance System Network (TASN) providers

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Agenda

  • Diving In: District Corrective Action Plan (DCAPs)
  • Application: Fishbone
  • Updates from KSDE SETS
  • Roundtables
  • Next Steps and Close

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District Corrective Action Plan (DCAPs)

Diving In

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What is a District Corrective Action Plan?

A DCAP is an approvable, but most importantly, an effective plan to ensure correct implementation of regulatory requirements.

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Completing a DCAP

Conduct root cause analysis using the following steps for the identified problem:

(1) Identify and discuss data analyzed for determining root cause (i.e. data patterns including who, what and where)

(2) What was the root cause of problem (i.e. why)?

(3) Was root cause at procedural, policy and/or practice level?

Develop strategies for addressing the root cause of the problem:

(1) Strategies must have a logical link to the identified root cause (i.e. professional development for staff, targeted technical assistance, sufficient supervision, revision of practices and related policies and procedures).

(2) Identify resources needed for each strategy identified.

(3) Include timelines for implementation of strategies.

Evaluate how effective the strategies were in correcting the problem.

(1) Describe what data will be reviewed (i.e. record review)

(2) Identify how often the data will be reviewed.

(3) Describe how the data reviewed will indicate correction of the problem.

For KSDE monitoring purposes indicate where supporting documentation (e.g., root cause analysis, strategies and evaluation data) will be located.

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Improvement Science and

Problem Investigation

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What do we typically do?

VISION

GAP

CURRENT REALITY

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Improvement Science

VISION

CURRENT REALITY

GAP

A definition:

The ongoing effort to improve by:

  • taking a systems perspective,
  • being problem-oriented,
  • using a disciplined methodology, and
  • learning from those who most experience the problem

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The Improvement Journey

Identify a gap in performance

Investigate the system

Develop a theory

Learn in practice

Sustain & spread

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The Improvement Journey

“We fail more often because we solve the wrong problem than because we get the wrong solution to the right problem.”

– Russell L. Ackoff

Identify a gap in performance

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Your Problem

We want to focus on a problem that...

  • You care about
  • Is a barrier to your organization's priorities
  • Is within your control
  • Is regularly occurring
  • Is the right level of specificity
  • Doesn’t include an implied solution

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Problem Scoping

  • Level of specificity: give enough space to explore the problem but not so broad that you can’t understand it

Vague and broad

SPECIFICITY

The absence of a specific solution

“I’m always late!”

“I don’t give myself enough transition time!”

“I don’t set my clocks 10 minutes early”

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Your Problem

We want to focus on a problem that...

  • You care about
  • Is a barrier to your organization's priorities
  • Is within your control
  • Is regularly occurring
  • Is the right level of specificity
  • Doesn’t include an implied solution

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Draft/example problem statements

  1. _____ does not yet have a fully effective system of support (structures, teams, meetings, etc.) to support students
  2. _____ teachers are not yet sufficiently prepared to engage in system of support
  3. _____ students are not yet fully benefiting from the system of support practices from teachers and leaders
  4. We are not adequately supporting students & teachers through differentiation

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The Improvement Journey

Every system is perfectly designed to get exactly the results that it gets

-Paul Batalden

Identify a gap in performance

Investigate the system

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Root Cause Analysis: Fishbone Diagram

A tool for organizing your understanding of the causal system.

KEY: A means to understand a problem BEFORE you seek solutions.

Our mantra: Possibly wrong, definitely incomplete.

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Root Cause Analysis: Fishbone Diagram

PROBLEM

STATEMENT

CATEGORY

CAUSE

CAUSE

CAUSE

CATEGORY

CATEGORY

CATEGORY

CATEGORY

CATEGORY

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Filled out Fish bone Diagram

Variability in Principal Instructional Support to Teachers

Insufficient Professional Development

Limited time for planning / implementation

Limited time for Admin PLC focused on equity

Limited attention to focusing educator efforts

No clear vision

No strategic PD for admin

Limited reflection time

Union constraints

Large Number of Responsibilities

Meetings

Compliance

Special Ed

T.I.S.

Facilities

Advocacy (to get things done)

Slow response from CO

Urgent Problems that Disrupt Schedule

Discipline

Conflict

Emotional support

Procedures / processes

Everything is urgent

Lack of Relational Trust with Teachers

Limited time spent learning from teachers

Limited time spent building relationships

Contract negotiations

Limited support from Central Office

No Shared Understanding of Quality Instruction

Limited time to support Co-Admins

Turnover

Not enough people

Limited attention to staff well-being

Budget cuts (FTE)

Insufficient Staff Support

No calibration

No clear purpose

No decision-making

No equity lens/shared understanding of equity

No common assessments

No student input

No common definitions / language

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Steps to Create a Fishbone Diagram

  1. Create a focused problem statement.
  2. Identify sources of data on the problem.
  3. Brainstorm causes.
  4. Group/categorize causes.
  5. Create fishbone diagram.
  6. Identify key areas of focus (root causes).

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Key Notes about the Fishbone

  • As much about the process as the diagram itself.
  • Identify gaps in knowledge and areas to learn more about
  • Identify where you want to focus your efforts.
    • What do we have control over/ability to influence?
    • What is highest-leverage to addressing our problem?

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Fishbone Model

Application

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Root Cause Analysis: Fishbone Diagram

I cannot fall asleep.

CATEGORY

CATEGORY

CATEGORY

CATEGORY

CATEGORY

CATEGORY

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Break

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Application

Let’s Fishbone!

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Our problem statement

We are not adequately supporting teachers in developing measurable annual goals.

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Steps to Create a Fishbone Diagram

  1. Create a focused problem statement.
    • Problem: We are not adequately supporting teachers in developing measurable annual goals.
  2. Identify sources of data on the problem.
    • Today, it is you and your knowledge but do identify other data you would want to consider.
  3. Brainstorm causes.
    • Use post-its. Do this first. Anything and everything.
  4. Group/categorize causes.
    • Lump and clump the post-its and then determine overall category.
  5. Create fishbone diagram.
  6. Identify key areas of focus (root causes).
    • Highlight where to start (a bone or two).

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Community Discussion

Let’s Debrief!

What did we find in our fishbones as categories? Causes?

Where did you suggest we start?

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Updates from KSDE SETS

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Making Connections

Small Group

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Let’s Discuss (Small Groups)

  • Based on our time together today, what’s on your mind?

    • What are you excited about? What concerns do you have?

  • What other conversations or considerations, did today lift up for you?
    • Use this time with your colleagues as needed.

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Pulling It All Together

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For the Community

What themes/takeaways did you hear?

What supports and or conversations could be helpful moving forward ?

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Next Steps

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Where to Access Support

  • Kansas Technical Assistance System Network (TASN)
    • www.ksdetasn.org

  • Kansas Association of Special Education Administrators (KASEA)
    • http://kasea.org

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Resources within Reach

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Until We Meet Again…for a Quarterly

  • KSDE SETS Title/LCP Quarterly #3
    • January 26, 2023: Schedule TBD

  • KSDE SETS Title/LCP Quarterly #4
    • April 19, 2023: Schedule TBD

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Thank you for all you do!��Please remember to fill out the TASN evaluation ☺