14 Del. Admin. Code § 927-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 927-1.0 - General Monitoring and Priority Areas

1.1 State monitoring and enforcement: The DOE will monitor the implementation of these regulations, make determinations annually about the performance of each LEA using the categories in 3.2, enforce these regulations consistent with 4.0, using appropriate enforcement mechanisms, and any other applicable state or federal law as permitted, and annually report to the public on the performance of the State and each LEA under these regulations.

1.2 The primary focus of the State's monitoring activities will be on improving educational results and functional outcomes for all children with disabilities; and ensuring that public agencies meet the program requirements under Part B of the Act and these regulations, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.

1.3 As a part of its responsibilities under this section, the DOE will use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in 1.4 and the indicators established by the Secretary of the United States Department of Education for the states' performance plans.

1.4 The DOE will monitor LEAs, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas:

1.4.1 Provision of FAPE in the least restrictive environment.

1.4.2 General supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services.

1.4.3 Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.

1.5 In exercising its monitoring responsibilities under 1.4 of this section, the DOE will ensure that when it identifies noncompliance with the requirements of Part B of the Act or these regulations by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one year after the DOE's identification of noncompliance.

1.6 Nothing in this section shall be construed to restrict the DOE from utilizing any other method, activity or authority available to it to monitor and enforce the requirements of Part B of the Act and these regulations.

(Authority: 20 U.S.C. 1416(a); 14 Del.C. §§ 122 and 3110)

14 Del. Admin. Code § 927-1.0

14 DE Reg. 1067 (04/01/11)