NC Education Code · NC Policy Manual
NC 1505-1.9 State Enforcement
Plain English summary
This regulation establishes a tiered system of incentives and sanctions for LEAs based on their compliance with IDEA requirements and performance on state targets. LEAs that demonstrate improvement or exceed targets may receive commendations or grant funds, while those in sustained noncompliance face escalating consequences including fund withholding, corrective action plans, and fund recovery. The three-level sanction structure escalates based on years of noncompliance and severity of intervention needed.
Key requirements
- The system shall identify and recognize LEAs that achieve or exceed targets and indicators as determined by the State Board, demonstrate significant improvement over time, and show growth on targets and indicators as determined by each LEA.
- The system shall provide consequences for LEAs that are substantially noncompliant with statutory and regulatory requirements.
- Level One – Needs Assistance: When it is determined that an LEA has been in noncompliance for two years, and the LEA needs assistance in implementing the requirements of IDEA, one or more of the following actions shall be taken.
- Level Two – Needs Intervention: When it is determined that an LEA has been in noncompliance for three years, and the LEA needs assistance in implementing the requirements of IDEA, the following apply.
- Any further payment of IDEA and State funds to the LEA shall be withheld, in whole or in part.
- The LEA shall be required to enter into a corrective action plan.
- Level Three – Needs Substantial Intervention: In addition to the sanctions described in (c)(1) and (c)(2) of this section, if it is determined that an LEA needs substantial intervention in implementing the requirements of IDEA, one or more of the following actions shall be taken.
- The LEA shall be directed to implement a compliance agreement, billed to the LEA.
- IDEA and State funds shall be recovered.
- The LEA shall be referred for appropriate enforcement under State or federal law.
- Sanctions shall be applied to all LEAs that fail to implement a corrective action or hearing decision.
- If the SEA determines that an LEA is not meeting the requirements of Part B of the IDEA, including the targets in the State performance plan, the SEA must prohibit the LEA from reducing its maintenance of effort under NC 1502-4 for any fiscal year.
Affected parties
- Local Education Agencies (LEAs)
- State Education Agency (SEA)
- Children with disabilities
- State Board of Education