This training resource is for districts which have been issued an UNC and will explain what uncorrected noncompliance is, and what needs to happen from a district perspective.
Uncorrected noncompliance (UNC) is the status of a Corrective Action Plan (CAP) at the end of a correction cycle if the CAP activities did not correct the area(s) of noncompliance. Under an initial finding of noncompliance, a district is required to develop a CAP and must correct all findings of noncompliance as soon as possible, but in no case later than one year after notice. If correction of noncompliance is not completed within that year, the district will be issued an uncorrected noncompliance (UNC) status for the original CAP in Catamaran.
The Office of Special Education (OSE) will notify the district in writing in Catamaran of the UNC status. When a district is issued an UNC, the OSE will mandate Technical Assistance (TA), training, or other enforcement actions to promptly bring the district into compliance. Enforcement actions may include withholding of the Individuals with Disabilities Education Act (IDEA) flow through and Preschool funds until compliance is achieved. Uncorrected noncompliance is factored into an intermediate school district’s (ISD) determinations. The following protocols are standard for all UNCs:
- Planning Meeting: A technical assistance (TA) provider from the OSE will be assigned to the district and will contact the district’s special education administrator (as identified in the Educational Entity Master) to set a meeting with key staff members who play a role in the noncompliance findings. A representative from the ISD will be invited to this meeting.
- CAP Review: During this meeting, the district’s CAP will be reviewed to determine how the plan failed to yield compliance.
- CAP Development: The TA and district will collaborate on a new plan to quickly achieve compliance. It may include targeted professional development for administrators and/or staff involved in the corrective plan.
- Ongoing Monitoring: A schedule for trainings, progress reports and a date for verification and closeout will be coordinated and monitored by the OSE and the TA provider.
When a district has an UNC, the original CAP will be available on the district’s Tasks Overview. Districts must continue to document all work within the original CAP. While at the UNC status (UNC In Progress), districts can access and edit all forms (CAP Cover Page, CAP Activity Page, Request for Closeout and Student Checklist, if applicable). The process for CAP closeout/verification remains the same for an UNC with the exception of the verification process completed by the TA rather than the ISD personnel.
After the district and the TA provider have decided the district is ready for verification and closeout, the district should submit the CAP for Verification and Closeout. To do this,
- From the CAP Menu, select the Request for Verification and Closeout link.
- Complete the Request Verification and Closeout of Findings form by doing the following:
- Insert Evidence Notes for each CAP activity step listed (beginning January 2020) and
- Upload Supporting Evidence using the provided Browse buttons for each CAP activity step (optional).
- Submit the closeout request to the TA by choosing the Request Verification button at the top of the page.
The TA provider will schedule a time to visit the district and verify the correction in person or virtually. The TA provider will review CAP activities and new data which may include conducting a student record review.
After the TA provider has reviewed the CAP activities and student records and found them compliant, verification will be sent to the OSE.
Once the OSE receives this request, it will review the verification activity. If the OSE agrees with the ISD’s or TA provider’s recommendation, it will change the status to Verified and Closed by MDE. If the OSE does not agree with the recommendations or has questions, it will return the CAP to the district for additional work, after which the TA provider can resubmit its recommendations to the OSE for closeout.