§ 300.603 Secretary's review and determination regarding State performance.

Plain English summary

The Secretary annually reviews each State's performance report and determines whether the State meets Part B requirements, needs assistance, needs intervention, or needs substantial intervention. For the two more serious determinations (intervention or substantial intervention), the Secretary must provide reasonable notice and an opportunity for a hearing, which consists of a meeting with the Assistant Secretary for Special Education and Rehabilitative Services.

Key requirements

• The Secretary annually reviews the State's performance report submitted pursuant to § 300.602(b)(2).
• Based on the information provided by the State in the State's annual performance report, information obtained through monitoring visits, and any other public information made available, the Secretary determines if the State meets the requirements and purposes of Part B of the Act; needs assistance in implementing the requirements of Part B of the Act; needs intervention in implementing the requirements of Part B of the Act; or needs substantial intervention in implementing the requirements of Part B of the Act.
• For determinations made under paragraphs (b)(1)(iii) and (b)(1)(iv) of this section, the Secretary provides reasonable notice and an opportunity for a hearing on those determinations.
• The hearing consists of an opportunity to meet with the Assistant Secretary for Special Education and Rehabilitative Services to demonstrate why the Department should not make the determination described in paragraph (b)(1) of this section.

Affected parties

• Secretary of Education
• State educational agencies
• Assistant Secretary for Special Education and Rehabilitative Services

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.603