NC Education Code · NC Policy Manual
NC 1505-1.1 Monitoring and Enforcement
Plain English summary
This regulation establishes the State's obligations to monitor, enforce, and report on LEA implementation of special education requirements under Part B of IDEA. The State must annually assess LEA performance, apply enforcement mechanisms where needed, and prioritize improving educational outcomes for children with disabilities. Identified noncompliance by LEAs must be corrected as soon as possible, but no later than one year after identification.
Key requirements
- The State must monitor the implementation of this part.
- The State must make determinations annually about the performance of each LEA using the categories in NC 1505-1.4 (b)(1).
- The State must enforce this part, consistent with NC 1505-1.5, using appropriate enforcement mechanisms, which must include, if applicable, the enforcement mechanisms identified in NC 1505-1.5 (a)(1), (a)(3), (b)(2)(i), (b)(2)(v), and (c)(2).
- The State must report annually on the performance of the State and of each LEA under this part, as provided in NC 1505-1.3 (b)(1)(i)(A) and (b)(2).
- The primary focus of the State's monitoring activities must be on improving educational results and functional outcomes for all children with disabilities.
- The primary focus of the State's monitoring activities must be on ensuring that LEAs meet the program requirements under Part B of the IDEA, with a particular emphasis on those requirements most closely related to improving educational results for children with disabilities.
- The State must use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in paragraph (d).
- The State must monitor LEAs in each of the following priority areas: (1) Provision of FAPE in the least restrictive environment; (2) State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services; and (3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent that the representation is the result of inappropriate identification.
- When the State identifies noncompliance with the requirements of this part by LEAs, the noncompliance must be corrected as soon as possible, and in no case later than one year after the State's identification of the noncompliance.
Affected parties
- State Education Agency (SEA)
- Local Education Agencies (LEAs)
- Children with disabilities
- Racial and ethnic minority students in special education