OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

Findings of Noncompliance in 

OSEP’s October 23, 2019, 

letter (2019 DMS letter)

Required Actions/ Next Steps

in 2019 DMS letter

Information from the BIE’s April 2, 2020, Response 

to the 2019 DMS letter; CAP quarterly reports 

submitted in October 2020, February 2021, April 

2021, and July 2021; and provided verbally by BIE

during phone conversations and video meetings 

during the 2020-2021 school year

OSEP’s Verification of the 

BIE’s Correction of 

Noncompliance

July 30, 2021

1. The BIE has not established

its final policies and procedures 

related to implementation of 

Part B of the IDEA. Therefore, 

the BIE does not have policies 

and procedures in effect that 

meet the requirements of the 

IDEA, as required by 20 U.S.C. 

1411(h)(2)(A) and 1412(a) and 

34 C.F.R. § 300.708(a). To 

ensure effective monitoring and 

supervision, the final policies 

and procedures must address 

the circumstances, if any, 

wherein a BIE-funded school is 

permitted to follow the policies 

and procedures established by 

the State in which the school is 

located.

1. Within 90 days from the date 

of this letter, the BIE must 

provide documentation of the 

proposed plan and timeline that 

ensure the adoption of final 

policies and procedures within 

one year of the date of this 

report, related to 

implementation of Part B of the 

IDEA that meet the 

requirements under 20 U.S.C. 

1411(h)(2)(A) and 1412(a) and 

34 C.F.R. § 300.708(a). 

2. Within 90 days from the date 

of this letter, to the extent 

possible, prior to the 

publication of final policies and 

procedures, the BIE must 

provide notice to BIE-funded 

schools regarding any 

requirements that give 

flexibility to BIE-funded 

schools to follow the timeline 

established by the State where 

they are located instead of the 

timeline established by the BIE.

April 2, 2020: BIE response to 2019 DMS letter: BIE 

has entered into a multi-year comprehensive partnership 

with Public Policy Associates, Inc. (PPA). PPA is 

currently reviewing BIE’s draft policies and procedures 

and will provide feedback. After this step is completed, 

BIE will review PPA’s recommendations and make 

revisions to the draft as appropriate. BIE is confident that 

adoption of final IDEA policies and procedures will 

occur during 2020.

June 8, 2021: Video meeting: The BIE reported that draft 

policies have been developed by the Performance Office 

but the meetings to discuss these keep getting cancelled.

July 13, 2021: Video Meeting: The BIE reported that 

Policies & Procedures development is in progress; the 

Performance Officer has taken the lead on these.

On April 2, 2020, the BIE 

submitted a proposed plan for 

the adoption of final policies and 

procedures. However, the BIE 

did not submit a timeline to 

ensure the adoption of final 

policies and procedures within 

one year of the date of the 2019 

DMS letter. 

Further action is required to 

close this finding. Specifically, 

the BIE must provide a detailed 

timeline for the adoption of final 

policies and procedures in a 

timely manner and provide 

verification that the new policies 

and procedures have been 

adopted.

This monitoring finding has 

been added to the Specific 

Conditions on the BIE’s Federal 

fiscal year (FFY) 2021 IDEA 

Part B grant award, in Task 

C.1.0 as Milestones C.1.1.1, 

C.1.1.2, and C.1.1.3.

2. The BIE does not have a 

general supervision system that 

is reasonably designed to 

ensure that the BIE issues 

written notice of findings of 

3. Within 90 days from the date 

of this letter, the BIE must 

provide documentation that: 

a. The BIE has taken the 

necessary steps to ensure it 

April 2, 2020: BIE response to 2019 DMS letter: BIE 

noted in both its first and second quarterly SY 2018-

2019 Corrective Action Plan (CAP) reports, in August 

2019, BIE issued forty-four fiscal monitoring reports 

(dated August 28, 2019) to BIE-funded schools. 

The BIE has issued written 

reports of findings of 

noncompliance in a timely 

manner for the monitorings

completed during the 2020-2021 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

noncompliance and ensure that 

the noncompliance is corrected 

as soon as possible, and in no 

case later than one year after 

the BIE’s identification of the 

noncompliance. Specifically, 

although the BIE informed 

OSEP that it works with the 

schools to correct any 

noncompliance identified, the 

BIE does not have a functional 

mechanism for issuing written 

notice of the noncompliance, 

and ensuring the 

noncompliance is corrected as 

soon as possible, and in no case 

later than one year after the 

BIE’s identification of the 

noncompliance. In order to 

effectively monitor 

implementation of Part B of the 

IDEA, the BIE must issue 

written notice of 

noncompliance it identifies in 

BIE-funded schools and ensure 

that the noncompliance is 

corrected as soon as possible, 

and in no case later than one 

year after the BIE’s 

identification of the 

noncompliance, consistent with 

20 U.S.C. 1411(h)(2), 

1412(a)(11), 1416, and 

1232d(b)(3)(E); and 34 C.F.R. 

§§ 300.149, 300.600(e), 

300.708, and 300.716. See also 

OSEP’s Frequently Asked 

provides written findings of 

noncompliance it identifies in 

BIE-funded schools as soon as 

possible after the BIE 

concludes that a school has 

noncompliance, generally in 

less than three months from 

discovery; and

b. The BIE has taken the 

necessary steps to ensure that 

noncompliance identified in 

BIE-funded schools is 

corrected as soon as possible, 

and in no case later than one 

year after identification of the 

noncompliance, including, as 

appropriate, notification to 

schools when the finding has 

not been corrected.

• Fifteen reports were for SY 2016-2017, 

• Fifteen reports were for SY 2017-2018, and 

• Fourteen reports were for SY 2018-2019. 

July 30, 2021: 2020-2021 CAP Quarter Four Report: 

The BIE issued fiscal and programmatic monitoring 

reports for two schools which were virtually monitored 

during the third quarter; and for three schools that were 

virtually monitored during the fourth quarter. These 

reports were shared with U.S. Department of Education 

on May 28, 2021 via email. The BIE continues to work 

with the remaining 38 schools with open findings of

noncompliance to close out the fiscal and programmatic 

monitoring findings issued in SY 2016-17, SY 2017-18, 

and SY 2018-19. 

school year. This satisfies the 

required action 3.a.

The BIE has not provided 

evidence of correction of 

identified noncompliance, as 

required under required action 

3.b.

Further action is required to 

close this finding. Specifically, 

the BIE must provide 

documentation that it has taken 

the necessary steps to ensure that 

noncompliance identified in 

BIE-funded schools is corrected 

as soon as possible, and in no 

case later than one year after 

identification of the 

noncompliance, including, as 

appropriate, notification to 

schools when the finding has not 

been corrected. 

This monitoring finding has 

been incorporated into the 

Specific Conditions on the BIE’s 

FFY 2021 IDEA Part B grant 

award, in Task C.2.0 as 

Milestone C.2.1.1.
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

Questions Regarding 

Identification and Correction of 

Noncompliance and Reporting 

on Correction in the State 

Performance Plan

(SPP)/Annual Performance 

Report (APR), dated September 

3, 2008, and OSEP 

Memorandum 09-02, issued 

October 17, 2008. In addition, 

given that BIE-funded schools 

have reported the BIE does not 

provide feedback on the 

sufficiency of their actions to 

correct findings of 

noncompliance, OSEP strongly 

recommends that the BIE 

provide timely notifications to 

each school with findings as to 

the sufficiency of its corrective 

actions in demonstrating 

correction of noncompliance 

identified by the BIE.

3. The BIE has failed to make 

annual local determinations in 

accordance with 20 U.S.C. 

1411(h)(2)(A) and 1416(a) and 

34 C.F.R. §§ 300.600(a)(2), 

300.708(d), and 300.716. The 

BIE must make determinations 

annually about the performance 

of each BIE-funded school 

using the categories in 34 

C.F.R. § 300.603(b)(1). 

Further, when making annual 

determinations on the 

performance of the BIE-funded 

4. Within 90 days from the date 

of this letter, the BIE must 

provide a timeline for issuing 

annual determinations on the 

performance of all BIE-funded 

schools, which includes any 

school-specific audit findings, 

and uncorrected noncompliance 

from any source, consistent 

with 20 U.S.C. 1416(a) and (e).

April 2, 2020: BIE response to DMS letter: The BIE 

reported that they have criteria and a process in place to 

issue annual determinations to BIE-funded schools. Each 

year, the BIE starts the implementation of the 

determinations process (data from the SPP/APR 

indicators, data matrix, excel data spreadsheet to enter 

data by formula) at the end of April, following OSEP’s 

SPP/APR clarification week, and submits the 

determinations to schools by the end of July. During 

FFY 2015, FFY 2016, and FFY 2017, due to staff 

transitions, the BIE was unable to complete the 

determinations process in a timely manner. However, 

since that time, the BIE has dedicated resources to 

improving non-compliance in this area and re-organized 

On April 2, 2020, the BIE sent 

in a proposed plan for issuing 

annal local determinations. 

However, the BIE has still not 

issued annual determinations for 

BIE-funded schools for FFY 

2019 and prior missing years. 

Therefore, the BIE remains out 

of compliance with the 

requirement in 20 U.S.C. 

1411(h)(2)(A) and 1416(a) and 

34 C.F.R. §§ 300.600(a)(2), 

300.708(d), and 300.716, to 

make annual local 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

schools, the BIE must consider 

the results of any schoolspecific audit findings, as 

required in 20 U.S.C. 

1416(b)(2)(C) and 34 C.F.R. 

§ 300.602. See also Question 

C-9 of OSEP’s Questions and 

Answers on Monitoring, 

Technical Assistance, and 

Enforcement (revised June 

2009).

staff in order to improve the implementation of the 

annual determinations process. As a result of these 

efforts, the BIE is currently working on the FFY 2018 

determinations, and estimates the FFY 2018 

determinations will be issued to schools by the end of 

July 2020. This will include the missing determinations 

from prior years. Additionally, when making these 

determinations, the BIE will consider the results of any 

school-specific audit findings, as required in 20 U.S.C. § 

1416(b)(2)(C) and 34 C.F.R. § 300.602.

July 13, 2021: Video Meeting: The BIE confirmed 

verbally that the determinations have been made but not 

yet issued to the schools. Extra staff have been 

temporarily assigned to assist with issuing the school 

determinations. 

determinations on the 

performance of each BIE-funded 

school. 

Further action is required to 

close this finding. The BIE must

demonstrate that it has a system 

in place for issuing annual 

determinations on the 

performance of all BIE-funded 

schools, which includes any 

school-specific audit findings, 

and uncorrected noncompliance 

from any source. Specifically, 

the BIE must provide an updated 

timeline that ensures it will issue 

annual determinations on the 

performance of all BIE-funded 

schools for FFY 2018 and FFY 

2019 as soon as possible. The 

BIE must also provide 

documentation that demonstrates 

it has issued the annual local 

determinations for those two 

years as well as provide updates 

on the status of the issuance of 

FFY 2020 annual 

determinations.

This finding has been 

incorporated into the Specific 

Conditions on the BIE’s FFY 

2021 IDEA Part B grant award,

as Milestone C.2.2.2 under Task 

C.2.0.

4. The BIE does not have 

procedures and practices that 

are reasonably designed to 

5. Within 90 days from the date 

of this letter, the BIE must 

provide documentation that it 

April 2, 2020: BIE response to DMS letter: The BIE is 

working closely with the IDEA Data Center technical 

assistance providers to complete the detailed process of 

The BIE demonstrated 

correction of this finding by 

providing a link to the public 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

ensure it reports to the public 

on the performance of each of 

the BIE-funded schools no later 

than 120 days after the 

submission of its SPP/APR, as 

required by 34 C.F.R. 

§§ 300.602(b)(1)(i)(A), 

300.708(d), and 300.716.

will be reporting to the public 

on the performance of each 

BIE-funded school on the 

targets in the BIE’s 

performance plan for FFY 

2014, FFY 2015, FFY 2016, 

and FFY 2017 no later than 120 

days following the BIE’s 

submission of the FFY 2018 

SPP/APR, due on February 3, 

2020, and in accordance with 

34 C.F.R. 

§ 300.602(b)(1)(i)(A), 

300.708(d), and 300.716.

compiling all FFY 2018 SPP/APR indicator data for 

each school. The BIE will be complying with the 

required action to publicly report FFY 2018 data within 

90 days of the BIE’s submission of the prior years’ data 

that will also be publicly reported. Of the years requested 

to be reported to the public, BIE already has available 

FFY 2016 data at this link: 

https://www.bie.edu/cs/groups/xbie/documents/text/idc2-

096922.pdf

February 1, 2021: FFY 2019 SPP/APR submission: “A 

link to the BIE’s State Performance Plan/Annual 

Performance Report (SPP/APR) for previous years (FFY 

2018, FFY 2017, FFY 2016, FFY 2015 and FFY 2014) 

is posted on the special education webpage of the BIE's 

website: https://www.bie.edu/topic-page/specialeducation-performance-plan-and-annual-performancereports. A link for the FFY 2019 APR will be posted no 

later than June 1, 2021. The BIE also posts a link to each 

school's annual performance on the SPP/APR indicators 

on this webpage. School level performance for FFY 

2019 will be posted no later than June 1, 2021.”

August 6, 2021: OSEP review of the BIE’s website: 

Reports of each BIE-funded school’s performance on the 

targets in the SPP are found at 

https://www.bie.edu/topic-page/performance-datastatistics. Reports for FFY 2019, FFY 2018, FFY 2017, 

FFY 2016, FFY 2015, and FFY 2014 are posted.

posting of the performance of 

each BIE-funded school on the 

targets in the BIE’s performance 

plan for FFY 2018, FFY 2017, 

FFY 2016, FFY 2015, and FFY

2014, in the FFY 2019 SPP/APR 

submitted on February 1, 2021. 

After the February 1, 2021, 

submission of its FFY 2019 

SPP/APR, the BIE added a

report of the performance of

each BIE-funded school against 

the FFY 2019 targets in the 

BIE’s performance plan.

No further action is needed.

5. The BIE does not have a 

general supervision system that 

is reasonably designed to 

identify noncompliance with 34 

C.F.R. § 300.323(a) and (c). 

Specifically, the BIE has no 

functional mechanism for 

6. Within 90 days from the date 

of this letter, the BIE must 

provide revised monitoring 

procedures that include 

identifying noncompliance with 

34 C.F.R. § 300.323(a) and (c). 

These procedures must require 

April 2, 2020: BIE response to DMS letter: The BIE 

reached out to the Chief Financial Officer, Department 

of Interior, Indian Affairs, for updated information on 

related service contracts in Bureau Operated Schools 

(BOS). The contracting process will be included in the 

revisions of the monitoring procedures. 

October 23, 2020: 2020-2021 CAP Quarter One Report:

Further action is required to 

close this finding. Specifically,

the BIE must demonstrate it has 

implemented a general 

supervision system to ensure 

compliance with all Part B 

requirements, including the 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

monitoring whether BIE-funded 

schools have contracted with 

related service providers to 

implement a child’s IEP as 

required under 34 C.F.R. 

§ 300.323(a) and (c) and as 

required under 20 U.S.C. 

1412(a) and 34 C.F.R. 

§ 300.101 to make FAPE 

available to children with 

disabilities. To effectively 

monitor the implementation of 

Part B of the IDEA, as required 

by 20 U.S.C. 1411(h)(2)(A), 

1412(a)(11), 1416, and 

1232d(b)(3)(E), and 34 C.F.R. 

§§ 300.149, 300.600, 300.708, 

and 300.716, the BIE must have 

procedures for monitoring for 

compliance with all Part B 

requirements, including the 

IEP-related requirements at 34 

C.F.R. § 300.323(a) and (c).

the BIE to issue written 

findings of noncompliance 

when data and information 

collected demonstrate that a 

BIE-funded school is in 

noncompliance with providing 

related service providers to 

implement a child’s IEP as 

required under 34 C.F.R. 

§ 300.323(a) and (c) and as 

required under 20 U.S.C. 

1412(a) and 34 C.F.R. 

§ 300.101 to make FAPE 

available to children with 

disabilities.

On September 25, 2020, San Felipe Pueblo Elementary 

School reported that it did not have a related services 

contract for the period September 16-25, 2020. The 

school will determine any missed services that were not 

provided during that time. 

The BIE is adding three additional indicators (Related 

Services, Contracts, and Initial Evaluations) to the 

current indicators utilized to conduct on-site fiscal and 

programmatic reviews. The BIE submitted a proposed

monitoring plan addressing specific issues regarding the 

provision of related services at San Felipe Pueblo 

Elementary School as well as overall contracting issues

for BIE-funded schools. DPA has begun working with 

the National Center for Systemic Improvement. The BIE 

provided information about its revised contracting 

process that will ensure the provision of related services 

in accordance with each child’s IEP. 

February 1, 2021: 2020-2021 CAP Quarter Two Report: 

As previously reported, San Felipe Pueblo Elementary 

School indicated that it did not have a related services 

contract for the period September 16-25, 2020. Due to 

the period the school did not have a contract in place for

speech and language and psychological services, sixteen 

students are owed services. Additionally, eight students 

are owed compensatory psychological services.

February 1, 2021: 2020-2021 CAP Quarter Two report: 

The BIE provided a monitoring plan which was accepted 

by the Department of Education. 

July 30, 2021: 2020-2021 CAP Quarter Four report: The 

BIE implemented its monitoring plan during the third 

and fourth quarters of SY 2020-2021. The BIE issued 

written documentation of noncompliance to each school 

after monitoring in a timely manner. 

provision of related services.

This finding has been 

incorporated into the Specific 

Conditions on the BIE’s FFY 

2021 IDEA Part B grant award 

in Task C.6.0 as Milestones 

C.6.1.1, C.6.2.1, and C.6.3.1.
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

6. The BIE is not exercising its 

general supervisory and 

monitoring responsibilities to 

ensure the implementation of 

certain IDEA requirements 

related to dispute resolution, 

consistent with 20 U.S.C. 

1411(h)(2)(A), 1412(a)(11), 

1415, 1416(a), and 

1232d(b)(3)(E), and 34 C.F.R. 

§§ 300.149, 300.500, 300.507 

through 300.518, 300.532, 

300.600(a) and (d)(2), 

300.708(a), and 300.716. 

Specifically:

a. The BIE does not have a 

mechanism for tracking the 

resolution process for due 

process complaints to 

determine compliance with: (i) 

the 15-day timeline for 

convening a resolution meeting, 

consistent with 20 U.S.C. 

1415(f)(1)(B)(i)(I) and 34 

C.F.R. § 300.510(a); (ii) the 30-

day timeline for resolving a due 

process complaint before a due 

process hearing may occur, 

consistent with 20 U.S.C. 

1415(f)(1)(B)(ii) and 34 C.F.R. 

§§ 300.510(b)(1) and (c) and 

300.716; and (iii) the 45-day 

timeline for due process 

hearings if the school does not 

resolve the due process 

complaint to the satisfaction of 

the parent, consistent with 20 

7. Within 90 days from the date 

of this letter, the BIE must 

provide written documentation 

that it has revised and 

implemented its dispute 

resolution procedures and 

practices to ensure that: 

a. The BIE has a mechanism 

for tracking the resolution 

process for due process 

complaints to determine 

compliance with: (i) the 15-day 

timeline for convening a 

resolution meeting, consistent 

with 20 U.S.C. 

1415(f)(1)(B)(i)(I) and 34 

C.F.R. § 300.510(a); (ii) the 30-

day timeline for resolving a due 

process complaint before a due 

process hearing may occur, 

consistent with 20 U.S.C. 

1415(f)(1)(B)(ii) and 34 C.F.R. 

§§ 300.510(b)(1) and (c) and 

300.716; and (iii) the 45-day 

timeline for due process 

hearings if the school does not 

resolve the due process 

complaint to the satisfaction of 

the parent, consistent with 20 

U.S.C. 1415(f)(1)(B)(ii) and 34 

C.F.R. §§ 300.510(c), 

300.515(a), and 300.716;

b. The BIE has a mechanism to 

ensure that extensions of the 

45-day due process hearing 

timeline are granted only at the 

April 2, 2020: BIE response to DMS letter: “BIE is 

exercising its general supervisory and monitoring 

responsibilities to ensure the implementation of certain 

IDEA requirements related to dispute resolution. For 

example, BIE has a Dispute Resolution Education 

Program Specialist dedicated to ensuring that BIE timely 

addresses due process, State complaint and mediation 

requests. The Dispute Resolution Education Program 

Specialist also follows a Dispute Resolution Protocol

and a copy of this protocol is attached for your reference. 

The protocol addresses procedures related to state 

complaints, requests for mediation, and due process 

complaints. Additionally, for the Department’s 

reference, attached is BIE’s notice of Procedural 

Safeguards under IDEA, which is also referenced in the 

Dispute Resolution Protocol.”

“As the Department is aware as part of the Specific 

Conditions on BIE’s FFY 2019 IDEA Part B grant 

award, BIE is required to report on the status of dispute 

resolution processes in accordance with IDEA 

requirements and timelines. BIE takes its responsibility 

to report under this requirement seriously and has timely 

provided updates to the Department under task C.5.0. of

its Corrective Action Plan.”

“PPA is currently reviewing BIE draft policies and 

procedures and will provide feedback. After this step is 

completed, BIE will review the draft and make 

additional recommendations.”

As OSEP previously explained 

in the September 3, 2020,

response to the BIE’s April 2, 

2020, submission, although the 

BIE sent in a proposed plan on 

April 2, 2020, the BIE did not 

provide sufficient 

documentation indicating it had

revised and implemented its 

dispute resolution procedures 

and practices to ensure it has a 

mechanism for tracking 

compliance with the timeline 

requirements noted in Required 

Actions 7a, 7b, and 7c. OSEP 

also previously noted that the 

BIE’s submissions under C.5.0 

of its 2019-2020 CAP pertained

to compliance with the 60-day 

timeline for resolving State 

complaints under 34 C.F.R. 

§ 300.152(a) and (b), which is 

separate from and not related to 

any of the findings or required 

actions in the 2019 DMS letter.

In the September 3, 2020,

response to the BIE’s April 2, 

2020, submission, OSEP 

required the BIE to provide the 

attachment referenced in its 

April 2, 2020, letter: a copy of 

the Dispute Resolution Protocol 

containing the BIE’s notice of 

Procedural Safeguards under 

IDEA. To date, the BIE has not 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

U.S.C. 1415(f)(1)(B)(ii) and 34 

C.F.R. §§ 300.510(c), 

300.515(a), and 300.716; 

b. The BIE has no mechanism 

to ensure that extensions of the 

45-day due process hearing 

timeline are granted only at the 

request of a party, consistent 

with 34 C.F.R. §§ 300.510(b) 

and (c) and 300.716.

c. The BIE has not ensured that 

due process complaints filed 

pursuant to 20 U.S.C. 

1415(k)(3) and 34 C.F.R. 

§ 300.532(a) are treated in an 

expedited manner. Specifically, 

the BIE does not have 

procedures in place to ensure 

that expedited due process 

hearings are conducted within 

20 school days of the date the 

complaint requesting the 

hearing is filed, and that a 

hearing officer makes a 

determination within 10 school 

days after the hearing, in 

accordance with 34 C.F.R. 

§§ 300.532(c)(2) and 300.716.

request of a party, consistent 

with 34 C.F.R. §§ 300.510(b) 

and (c) and 300.716; and

c. The BIE has established 

procedures to ensure that 

hearings on due process 

complaints filed pursuant to 20 

U.S.C. §1415(k)(3) and 34 

C.F.R. § 300.532(a) are 

conducted within 20 school 

days of the date the complaint 

requesting the hearing is filed, 

and that a hearing officer 

makes a determination within 

10 school days after the 

hearing, in accordance with 34 

C.F.R. §§ 300.532(c)(2) and 

300.716.

provided this document as 

required.

Further action is required to 

close this finding. Specifically, 

the BIE must provide a copy of 

the Dispute Resolution Protocol 

containing the BIE’s notice of 

Procedural Safeguards under 

IDEA, referenced in the BIE’s 

April 2, 2020, submission. In 

addition, the BIE must provide 

written documentation that the 

BIE has revised and 

implemented its dispute 

resolution practices to be 

consistent with IDEA. This 

monitoring finding has been 

incorporated into the Specific 

Conditions on the BIE’s FFY 

2021 IDEA Part B grant award, 

as Milestones 3.1.1, 3.1.2, and 

3.1.3 under Task C.3.0.

7. The BIE has not submitted 

any of the reports on the status 

of the corrective actions OSEP 

imposed in its August 8, 2018, 

letter, which required the BIE 

to take a set of actions and 

report quarterly to OSEP on 

these actions related to the 

8. The BIE must submit reports 

on the status of the corrective 

actions OSEP imposed in its 

August 8, 2018, letter regarding 

the failure to provide related 

services and timely initial 

evaluations in San Felipe 

Pueblo Elementary School and 

April 2, 2020: BIE Response to DMS letter: As it relates 

to San Felipe Pueblo Elementary School, there are 

currently thirty-four students with disabilities (NASIS, 

2020) enrolled at the school and BIE consistently 

follows up with the Bureau Operated School’s Education 

Specialist (Special Education) to ensure that they are 

receiving the required services in accordance with their 

IEPs. For the additional five schools (Jemez, San 

The BIE’s quarterly reports 

submitted during the 2020-2021 

school year indicate that many

of these items remain 

unresolved. 

Further action is required to 

close this finding. Specifically, 

the BIE must submit 
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

failure to provide related 

services and timely evaluations 

in San Felipe Pueblo 

Elementary School and six 

other BIE-funded schools. To 

date, the BIE has not provided 

any of the reports required on 

the status of the corrective 

actions. As stated in the August 

8, 2018, letter, the failure to 

provide services in accordance 

with a child’s IEP is a violation 

of the fundamental IDEA 

requirement to make FAPE 

available to all eligible children 

with disabilities. 20 U.S.C. 

1411(a)(1). It is also a violation 

of the requirement in 34 CFR 

§ 300.323(c)(2) to ensure that, 

“[a]s soon as possible following 

development of the IEP, special 

education and related services 

are made available to the child 

in accordance with the child’s 

IEP.” In addition, under 34 

CFR § 300.301(c)(1), initial 

evaluations must be conducted 

within 60 days of receiving 

parental consent for the 

evaluation. The BIE, which is 

required to exercise the general 

supervisory responsibility of an 

SEA under IDEA Part B, is 

responsible for ensuring that 

BIE-funded schools meet their 

affirmative obligation to 

identify, locate and evaluate all 

six other BIE-funded schools. 

As required in the Specific 

Conditions on the BIE’s FFY 

2019 IDEA Part B grant award, 

the BIE must report on the 

status of the corrective actions 

in each quarterly progress 

report it submits under the 

2019-2020 Corrective Action 

Plan (specifically, Milestones 

C.9.1.1, C.9.2.1., C.9.3.1., and 

C.9.4.1) by the due dates 

specified in the Specific 

Conditions (i.e., October 31, 

2019, January 31, 2020, April 

30, 2020, and July 31, 2020).

Ildefonso, Taos, T’siya, Riverside), the Bureau Operated 

School Education Resource Center (ERC) staff and the 

school principals are currently assisting the BIE special 

education staff in providing current information on the 

number of students not receiving related services as a 

result of contract issues, any compensatory services 

needed to remedy services not previously provided, the 

number of requested evaluations that have not been 

conducted or have been delayed, steps that are being 

taken to ensure correction of any noncompliance, and 

identifying any other Bureau operated schools that are 

unable to provide services or conduct timely evaluations 

due to contracting issues. The sixth school (Sky City) 

converted from Bureau Operated to a Tribally Controlled 

School. 

BIE will follow up with the Chief Financial Officer for 

Indian Affairs to obtain updated data regarding related 

service contracts in other BIE-funded schools. 

BIE is also seeking ways to ensure that contracting 

issues do not impact the delivery of special education 

and/or related services that are required for students’ 

IEPs. BIE Washington DC office will assist the DPA 

special education unit to collaborate closely with the 

BIA Chief Financial Officer and his staff to get a list of 

related service contracts for BOS. The related services 

contracting issues will be elevated with the BIE School 

Operations office so that a contract specialist can be 

assigned who will assist in expediting related service 

contracts for BOS. 

July 30, 2021: 2020-2021 CAP Quarter Four report: 

During the fourth quarter, San Felipe Pueblo Elementary 

School reported that one student received compensatory 

services, which completed this student’s remaining 

balance of compensatory services. Six students still have 

outstanding compensatory services for speech therapy 

and eight students have outstanding compensatory 

documentation that special 

education and related services 

are made available in 

accordance with each child’s 

IEP and that initial evaluation 

are conducted within 60 days of 

receiving parental consent for 

the evaluation, for all BIEfunded schools. 

These items are also included in 

the Specific Conditions with the 

2021 grant as Task C.2.0 

(Milestone C.2.1.1) and Task 

C.6.0.
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

children with disabilities in 

accordance with IDEA 

requirements, and for ensuring 

that FAPE is made available to 

all eligible children with 

disabilities in BIE-funded 

schools. 20 U.S.C. 

1411(h)(2)(A), 1412(a)(1), 

1412(a)(3), and 1412(a)(11); 34 

C.F.R. §§ 300.111, 

300.301(c)(1), 300.600, 

300.708(a) and 300.716.

services for psychological services. One initial 

evaluation was completed during the third quarter, and 

one initial evaluation was completed during the fourth 

quarter; both students are now receiving services. As 

previously reported, there were eight students at 

Teecnospos Community School with expired IEPs. The 

Acting Education Specialist (Special Education) for 

ADD Navajo region continues to work with the schools 

to determine the number of students and amount of 

services owed at Pueblo Pintado Community School, 

Sanostee Day School and Bread Springs Day School. 

During the reporting period, there were no additional 

instances of students with disabilities who were not 

receiving related services in accordance with their IEPs

or students who did not receive an initial evaluation in a 

timely manner.

SSIP In its FFY 2018 IDEA Part B 

SPP/APR submission due 

February 3, 2020, as required 

by the measurement for Part B 

SPP/APR Indicator 17, 

consistent with 20 U.S.C. 

1416(b)(2)(B)(i) and 34 C.F.R. 

§§ 300.601(b)(1), 300.708(d), 

and 300.716, the BIE must:

Explicitly align the milestones 

from the SSIP and the BIE’s 

strategic plan, and provide a 

connection to the BIE’s theory 

of action in the SSIP;

Clearly outline the distinctions 

between the intended outcomes 

of each tier of support;

Identify clear interim measures 

of progress for each coherent 

April 1, 2021: The BIE submitted an SSIP for Indicator 

17 of the FFY 2018 SPP/APR, and the SSIP included

some of the required information.

Required actions related to this 

finding will now be addressed 

through the SPP/APR 

submission and review process. 

No further action is required 

through this monitoring or the

CAP.
OSEP’s Verification of Correction of Noncompliance

BIE 2019 DMS VISIT 

improvement strategy and each 

evidence-based practice; and

Clearly and strategically 

connect evidence-based 

practices and coherent 

improvement strategies and any 

reported progress to the 

activities conducted.