Chapter 56 WorkgroupChapter 56 WorkgroupOrientation SessionOrientation Session

The Road to Chapter 60The Road to Chapter 60

June 30, 2007June 30, 2007

Federal Process – IDEA 2004Federal Process – IDEA 2004

U.S. CongressU.S. Congress

– Reauthorized IDEA 1997 Reauthorized IDEA 1997

November 19, 2004November 19, 2004

– Signed by President Bush December 3, 2004Signed by President Bush December 3, 2004

– Effective July 1, 2005Effective July 1, 2005

Federal RegulationsFederal Regulations

Office of Special Education and Rehabilitative Office of Special Education and Rehabilitative

Services (OSERS) Services (OSERS)

– Notice of Proposed Rulemaking (NPRM) – Draft RulesNotice of Proposed Rulemaking (NPRM) – Draft Rules

June 21, 2005June 21, 2005

Public comment by September 6, 2005Public comment by September 6, 2005

– Final RegulationsFinal Regulations

Published August 14, 2006Published August 14, 2006

Effective October 13, 2006Effective October 13, 2006

The Hawaii Administrative Rule (HAR)The Hawaii Administrative Rule (HAR)Adoption ProcessAdoption Process

Draft rule prepared by DepartmentDraft rule prepared by Department

Draft Approval by:Draft Approval by:

– SuperintendentSuperintendent

– Board of EducationBoard of Education

– Governor Governor

Public Hearings on draft rulePublic Hearings on draft rule

Approval of Final rule by Board of EducationApproval of Final rule by Board of Education

Governor’s signatureGovernor’s signature

Statewide ImplementationStatewide Implementation

Minimizing Rules and Minimizing Rules and RegulationsRegulations

34 CFR 300.19934 CFR 300.199

Each State that receives funds under Part B ofEach State that receives funds under Part B ofthe Act must—the Act must—

(1) Ensure that any State rules, regulations, and (1) Ensure that any State rules, regulations, and policies relating to this part conform to the policies relating to this part conform to the purposes of this part; purposes of this part;

(2) Identify in writing to the Secretary any (2) Identify in writing to the Secretary any State-imposed requirement that is not State-imposed requirement that is not required by Part B of the Act and Federal required by Part B of the Act and Federal regulationsregulations; and ; and

(3) (3) Minimize the number of rules, regulations, Minimize the number of rules, regulations, and policiesand policies to which schools are subject to which schools are subject under Part B of the Act.under Part B of the Act.

Monitoring, Enforcement Monitoring, Enforcement and Technical Assistanceand Technical Assistance

MonitoringMonitoringNew provisions puts primary focus of State’s New provisions puts primary focus of State’s monitoring activities on:monitoring activities on:

– Improving education results and functional Improving education results and functional outcomesoutcomes

– Ensuring that public agencies meet program Ensuring that public agencies meet program requirements, particularly those most closely requirements, particularly those most closely related to improving educational resultsrelated to improving educational results

A State Performance Plan evaluates the A State Performance Plan evaluates the

State’s efforts to implement the requirements State’s efforts to implement the requirements

and purposes of Part B of the Act describes and purposes of Part B of the Act describes

how the State will improve its how the State will improve its

implementation.implementation.

State Performance PlanState Performance Plan

The State must:The State must:

Submit its performance plan to the Submit its performance plan to the Secretary Secretary

of the U.S. Department of Educationof the U.S. Department of Education for for

approval approval

Review its performance plan at least once Review its performance plan at least once

every six years, and submit any every six years, and submit any

amendments to the Secretaryamendments to the Secretary

State Performance PlanState Performance Plan

Review of State PerformanceReview of State Performance

Annual review of State performance by theAnnual review of State performance by the

Secretary to determine its level of performance:Secretary to determine its level of performance:

Meets requirementsMeets requirements

Needs assistanceNeeds assistance

Needs interventionNeeds intervention

Needs substantial interventionNeeds substantial intervention

EnforcementEnforcement::Needs AssistanceNeeds Assistance

If a State If a State needs assistanceneeds assistance for 2 consecutive for 2 consecutive

years, the Secretary will take one or more of the years, the Secretary will take one or more of the

following actions:following actions:

– Require the State to work with appropriate sources of Require the State to work with appropriate sources of

technical assistancetechnical assistance

– Direct the use of State-level fundsDirect the use of State-level funds

– Identify the State as high-risk and impose special Identify the State as high-risk and impose special

conditionsconditions

Enforcement:Enforcement:Needs InterventionNeeds Intervention

If a State If a State needs interventionneeds intervention for 3 or more for 3 or more consecutive years, the Secretary may take consecutive years, the Secretary may take any of the previous actions and one or more any of the previous actions and one or more of the following actions:of the following actions:– Require the State to prepare a corrective action Require the State to prepare a corrective action

plan or improvement plan (if able to correct the plan or improvement plan (if able to correct the problem in one year).problem in one year).

– Require the State to enter into a compliance Require the State to enter into a compliance agreement.agreement.

Enforcement:Enforcement: Needs Intervention Needs Intervention con’t.con’t.

– For each year of the determination, withhold not For each year of the determination, withhold not less than 20% and not more than 50% of its less than 20% and not more than 50% of its funding.funding.

– Seek to recover funds.Seek to recover funds.– Withhold, in whole or part, any further payments Withhold, in whole or part, any further payments

to the State.to the State.– Refer the matter to the Department of Justice for Refer the matter to the Department of Justice for

appropriate enforcement.appropriate enforcement.

Enforcement:Enforcement:

Needs Substantial InterventionNeeds Substantial Intervention

If a State If a State needs substantial interventionneeds substantial intervention in in implementing the requirements of Part B of the implementing the requirements of Part B of the Act or there is Act or there is substantial failure to complysubstantial failure to comply with with any condition of eligibility, the Secretary will take any condition of eligibility, the Secretary will take one or more of the following actions:one or more of the following actions:– Recover fundsRecover funds– Withhold, in whole or in part, any further payments to Withhold, in whole or in part, any further payments to

the Statethe State– Refer the case to the Office of the Inspector General at Refer the case to the Office of the Inspector General at

the Department of Educationthe Department of Education– Refer the matter to the Department of Justice for Refer the matter to the Department of Justice for

appropriate action.appropriate action.