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Determinations of the Performance of Local Programs by State Agencies Under Part B of the Individuals with Disabilities Education Act (IDEA)


Thursday, February 6, 2014
Pursuant to the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Section 616(a)(1)(C)(i) and 34 CFR §300.600(a), states are required to make “determinations” annually under Section 616(d) on the performance of LEAs’ programs for students with disabilities. In making such determinations, the state will assign each LEA one of the following determination levels:
  • Meets requirements
  • Needs assistance
  • Needs intervention
  • Needs substantial intervention

Enforcement actions for these levels are described in section 616(e) of the IDEA and also in the Part B regulations at 34 CFR §§300.603 and 300.604. States must use appropriate enforcement actions listed at section 616(e) and in the Part B regulations at 34 CFR §300.600(a), that refer to the actions listed in 34 CFR §300.604. The Part B regulations at 34 CFR §300.604(a) specifically designate the enforcement actions that States must apply after an LEA is determined to “need assistance” for two consecutive years, “need intervention” for three or more consecutive years, or immediately when an LEA is determined to be in “need of substantial intervention.” In addition to required actions, states shall also apply enforcement actions determined appropriate to address noncompliance and support continuous improvement.

 

ƒ•‡Ž‹‡—ƒŽ‹–›–—†›ƒ†Determinations of the Performance of Local Programs by State Agencies Under Part B of the Individuals with Disabilities Education Act (IDEA)