§ 300.600 State monitoring and enforcement.

Plain English summary

This section requires States to monitor LEA implementation of IDEA Part B, make annual performance determinations, enforce compliance using specified mechanisms, and report annually on State and LEA performance. The State's monitoring must focus on improving educational results for children with disabilities and must prioritize FAPE/LRE, general supervision including child find, and disproportionate racial/ethnic representation in special education. When noncompliance is identified, the State must ensure it is corrected as soon as possible but no later than one year after identification.

Key requirements

• The State must monitor the implementation of this part.
• Make determinations annually about the performance of each LEA using the categories in § 300.603(b)(1).
• Enforce this part, consistent with § 300.604, using appropriate enforcement mechanisms, which must include, if applicable, the enforcement mechanisms identified in § 300.604(a)(1), (a)(3), (b)(2)(i), (b)(2)(v), and (c)(2).
• Report annually on the performance of the State and of each LEA under this part, as provided in § 300.602(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.
• Ensuring that public agencies meet the program requirements under Part B of the Act, with a particular emphasis on those requirements that are 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) of this section, and the indicators established by the Secretary for the State performance plans.
• The State must monitor the LEAs located in the State, using quantifiable indicators 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; (3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
• When the State identifies noncompliance with the requirements of this part by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the State's identification of the noncompliance.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Children with disabilities
• Public agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.600