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Section 4

ak dept education

special ed handbook
SECTION 4
FEDERAL GUIDANCE ON DETERMINATION SETTINGS

Federal Guidance

IDEA sections 616 and 642 require the OSEP to review the APR each year. Based in the State’s APR, information obtained through monitoring visits, and any other public information, the department will determine if the State:
  1. Meets Requirements;
  2. Needs Assistance;
  3. Needs intervention;
  4. Needs substantial intervention.
States are required to enforce IDEA by making “determinations annually under IDEA section 616 (e) on the performance of each LEA under Part B. States must use the same four categories in IDEA section 616(d) as OSEP in making determinations of the status of LEAs.

States must consider the following in making these determinations:
  • Performance on compliance indicator’s
  • Whether data submitted by LEAs are valid, reliable, and timely
  • Uncorrected noncompliance from other sources; and
  • Any audit findings
The Part B regulations at CFR 300.600(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 other words, when a state determines that an LEA:
  • Any audit findings
  • Needs Assistance for two consecutive years, the State must take one or more of the following enforcement actions in CFR 300.604:
    • (a)(1): Advise programs of available sources of technical assistance to address areas on which the program needs assistance; or
    • (a)(3): Identify programs as high risk grantee and imposing conditions on use of funds.
  • Needs Intervention for three or more consecutive years, the State must take one or more of the following actions in CFR 300.604:
    • (b)(2)(v): Require the program to prepare or implement a corrective action plan to correct the identified area(s); or
    • (b)(2)(v): Withhold, in whole or in part, further payments to programs
  • Needs Substantial Intervention at any time, the State must take the following enforcement Action CFR 300.604:
    • (b)(2)(v): Withhold, in whole or in part, any Part B funds

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