NC Education Code · NC Policy Manual
NC 1505-1.4 Review and Determination Regarding Performance
Plain English summary
This regulation establishes the Secretary's annual review process for evaluating State Educational Agency (SEA) performance under Part B of IDEA. Based on the annual performance report, monitoring visits, and public information, the Secretary categorizes each state into one of four performance levels ranging from meeting requirements to needing substantial intervention. States facing intervention or substantial intervention determinations are entitled to notice and a hearing opportunity before the Assistant Secretary for Special Education and Rehabilitative Services.
Key requirements
- The Secretary annually reviews the SEA performance report submitted pursuant to NC 1505-1.3(b)(2).
- Based on the information provided by the SEA 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 IDEA.
- The Secretary determines if the State needs assistance in implementing the requirements of Part B of the IDEA.
- The Secretary determines if the State needs intervention in implementing the requirements of Part B of the IDEA.
- The Secretary determines if the State needs substantial intervention in implementing the requirements of Part B of the IDEA.
- 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 the Office of 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
- State Educational Agency (SEA)
- Secretary of Education
- Assistant Secretary for Special Education and Rehabilitative Services
- students with disabilities receiving services under Part B of IDEA