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State Performance Plan and Annual Performance Plan State Determination

 

SPP/APR Reports | LEA Data Collection | LEA Determination | LEA Public Reporting | State Public Reporting | State Sampling Overview

State Determination

Section 616(d) of the IDEA requires the U.S. Department of Education Office of Special Education Programs (USDE/OSEP) to review each state’s APR annually. Based on the information provided in the State’s APR, information obtained through monitoring visits, and any other public information, the USDE/OSEP will determine if the State:

Meets the requirements

Needs assistance

Needs intervention

Needs substantial intervention

Federal Fiscal Year (data year reported)  Determination Status
FFY 2005 (2005-06) Needs Assistance (June 2007)
FFY 2006 (2006-07) Needs Intervention (June 2008)
FFY 2007 (2007-08) Needs Assistance (June 2009)
FFY 2008 (2008-09) Needs Assistance (June 2010)
FFY 2009 (2009-10)    Needs Assistance (June 2011)
FFY 2010 (2010-11) Needs Intervention (July 2012)     
FFY 2011 (2011-12)     Needs Assistance (July 2013)

 

U.S. Department of Education (USDE) Documents

USDE letters to the state on determination statuses and how the determinations were made, organized by year:

2011

Letter to the State on its 2011 Determination Status 

How the 2011 Determinations were made 

Determination Levels

Meets Requirements

Factors the Department will consider in determining whether a State meets the requirements and the purposes of IDEA, include the following:

  • The State demonstrates substantial compliance on all compliance indicators, which can include, as appropriate, a demonstration through quantitative and qualitative data that the State timely corrects identified noncompliance for indicators that are not ‘new’ or where noncompliance was previously identified by the Department, and, for ‘new’ indicators for which noncompliance was not previously identified by the Department, that the State has improvement activities to timely correct identified noncompliance. 
  • All indicators, including performance indicators, have valid and reliable data as required by the SPP/APR (actual target data, baseline data, etc.). 
  • The State demonstrates that it timely corrects noncompliance identified by the Department through monitoring or other means. 

Needs Assistance

Factors the Department will consider in determining whether a State needs assistance in implementing the requirements of IDEA include the following:

  • The State does not demonstrate substantial compliance on one or more of the compliance indicators. Evidence related to substantial compliance can include, as appropriate, a demonstration through quantitative and qualitative data that the State timely corrects identified noncompliance for indicators that are not ‘new’ or where noncompliance was previously identified by the Department, and, for ‘new’ indicators for which noncompliance was not previously identified by the Department, that the State has improvement activities to timely correct identified noncompliance. 
  • One or more indicators, including performance indicators, do not have valid and reliable data as required by the SPP/APR (actual target data, baseline data, etc.). 
  • The State does not demonstrate that it timely corrects any noncompliance identified by the Department through monitoring or other means. 

If the Department determines, for 2 consecutive years, that the State needs assistance, the Department shall take one or more of the following enforcement actions, consistent with section 616(e)(1):

  • Advise the State of available sources of technical assistance. 
  • Direct the use of State-level funds under section 611(e) on area(s) in which the State needs assistance. 
  • Identify the State as a high-risk grantee and impose special conditions on the State’s grant. 

Needs Intervention

Factors the Department will consider in determining whether a State needs intervention in implementing the requirements of IDEA include the following:

  • The State does not demonstrate substantial compliance on one or more of the compliance indicators and has not made significant progress in correcting noncompliance previously identified by the Department on those indicators. Evidence related to substantial compliance can include, as appropriate, a demonstration through quantitative and qualitative data that the State timely corrects identified noncompliance for indicators that are not ‘new’ or where noncompliance was previously identified by the Department, and, for ‘new’ indicators for which noncompliance was not previously identified by the Department, that the State has improvement activities to timely correct identified noncompliance.
  • One or more indicators, including performance indicators, are missing valid and reliable data as required by the SPP/APR (actual target data, baseline data, etc.), and the State has not made significant progress in correcting previously identified data problems.
  • The State does not demonstrate that it corrects noncompliance identified by the Department through monitoring or other means, and has not made significant progress in correcting that noncompliance.

If, the Department determines, for 3 consecutive years that the State needs intervention, the Department may take any of the actions described under needs assistance and shall take one or more of the following enforcement actions, consistent with section 616(e)(2):

  • Require the State to prepare a corrective action plan or improvement plan, if the Department determines that the State should be able to correct the problem within 1 year.
  • Require the State to enter into a compliance agreement, if the Department has reason to believe that the State cannot correct the problem within 1 year.
  • Withhold a percentage of the State’s funds under section 611(e), for each year of the determination. 
  • Seek to recover funds. 
  • Withhold any further payments to the State. 
  • Refer the matter for appropriate enforcement action. 

Needs Substantial Intervention

If the Department determines, at any time, that a State needs substantial intervention in implementing the requirements of this part or that there is a substantial failure to comply with any condition of a State educational agency’s, lead agency’s, or local educational agency’s eligibility under this part, the Department will designate the State as in need of substantial intervention. Among the factors that the Department will consider are:

  • The failure to substantially comply significantly affects the core requirements of the program, such as the delivery of services to children with disabilities or State exercise of general supervision; and/or
  • The State has informed the Department that it is unwilling to comply. 

If the Department determines, at any time, that the State needs substantial intervention, the Department shall take one or more of the following enforcement actions, consistent with section 616(e)(3) and provide an opportunity for a hearing:

  • Recover funds.
  • Withhold any further payments to the State.
  • Refer the case to the Office of the Inspector General. 
  • Refer the matter for appropriate enforcement action. 

 Division of Federal and State Education Policy 
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
E-mail: sped@tea.state.tx.us

Last Updated: March 10, 2014 | Created: June 11, 2007

Page last modified on 4/10/2014 02:43:51 PM.