NC Education Code · NC Policy Manual
NC 1505-1.5 Enforcement
Plain English summary
This regulation establishes a tiered federal enforcement framework for states that fail to adequately implement Part B of IDEA, with escalating consequences based on the duration and severity of noncompliance. Three levels of intervention exist: needs assistance (two consecutive years), needs intervention (three or more consecutive years), and needs substantial intervention (any time a substantial failure is found). Enforcement actions range from technical assistance and directed fund use to withholding of federal funds, compliance agreements, and referral to the Department of Justice.
Key requirements
- If the Secretary determines, for two consecutive years, that the State needs assistance in implementing the requirements of Part B of the IDEA, the Secretary takes one or more of the following actions: advise the State of available sources of technical assistance, direct the use of State-level funds under Section 611(e) of the IDEA, or identify the State as a high-risk grantee and impose special conditions on the State's grant under Part B of the IDEA.
- If the Secretary determines, for three or more consecutive years, that the State needs intervention in implementing the requirements of Part B of the IDEA, the Secretary may take any of the actions described in paragraph (a) and additionally: requires the State to prepare a corrective action plan or improvement plan if the Secretary determines that the State should be able to correct the problem within one year.
- Requires the State to enter into a compliance agreement under section 457 of the General Education Provisions Act as amended, 20 U.S.C. 1221 et seq. (GEPA), if the Secretary has reason to believe that the State cannot correct the problem within one year.
- For each year of the determination, withholds not less than 20 percent and not more than 50 percent of the State's funds under section 611(e) of the IDEA, until the Secretary determines the State has sufficiently addressed the areas in which the State needs intervention.
- Notwithstanding paragraph (a) or (b) of this section, at any time that the Secretary determines that the State needs substantial intervention in implementing the requirements of Part B of the IDEA or that there is a substantial failure to comply with any condition of the SEA's or LEA's eligibility under Part B of the IDEA, the Secretary takes one or more of the following actions: recovers funds under section 452 of GEPA, withholds in whole or in part any further payments to the State under Part B of the IDEA, refers the case to the Office of the Inspector General at the Department of Education, or refers the matter for appropriate enforcement action, which may include referral to the Department of Justice.
- The Secretary reports to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate within 30 days of taking enforcement action pursuant to paragraph (a), (b), or (c) of this section, on the specific action taken and the reasons why enforcement action was taken.
Affected parties
- State Education Agency (SEA)
- Local Education Agencies (LEAs)
- Office of Special Education Programs
- U.S. Secretary of Education
- Students with disabilities receiving services under Part B of IDEA
- Special education administrators
- Special education teachers
- Institutions of higher education
- Educational service agencies