Sneak Preview: ED Updates IDEA Monitoring, Enforcement Guidance
(The following was excerpted from a recent Thompson Grants Compliance Expert article.) The Department of Education (ED) recently issued updated guidance to states receiving Individuals with Disabilities Education Act (IDEA) program funding clarifying their requirements when monitoring local educational agencies (LEAs) and early intervention service (EIS) providers. Among these “general supervision” policies within the guidance, ED is requiring states to monitor each LEA or EIS program at least once every six years.
Section 1412(a)(11)(A) of IDEA establishes that state educational agencies (SEAs) are responsible for “ensuring that all IDEA Part B requirements are met; and that all educational programs for children with disabilities in the state, including all such programs administered by any other state agency or local agency, are under the general supervision of individuals in the state who are responsible for educational programs, improving outcomes for children with disabilities and meeting the educational standards of the SEA.” These same responsibilities are established for the state lead agency responsible for supervising EIS programs and providers to ensure the state complies with the requirements of IDEA Part C.
Each year, states report on their performance in implementing IDEA through their State Performance Plan/Annual Performance Report (SPP/APR) submissions, and ED makes annual IDEA compliance determinations based on these data. ED’s Office of Special Education Programs (OSEP) has noted over the past several years that many states have not consistently met IDEA’s requirements. “These data, along with OSEP’s other monitoring activities, indicate the need for improvement in state general supervision systems, to ensure their corresponding LEAs and EIS programs and providers comply with the requirements of IDEA,” OSEP Director Valarie C. Williams explained in a Dear Colleague letter issued along with the guidance. “By strengthening its system of general supervision to improve compliance, the state can help facilitate improved educational results and functional outcomes for all infants, toddlers and children with disabilities.”
(The full version of this story has now been made available to all for a limited time here.)
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