Determination of Compliance with IDEA Requirements

State Determination

The Individuals with Disabilities Education Act (IDEA) requires the U.S. Department of Education, Office of Special Education Programs (OSEP) to make an annual determination as to whether each state is meeting the requirements of the statute. Under IDEA, the Department of Public Instruction (DPI) is required to have in place a State Performance Plan (SPP) that evaluates the state's efforts to implement the requirements and purposes of IDEA using 20 indicators of compliance and performance. In addition, DPI must submit an Annual Performance Report (APR) detailing the state's progress or slippage in meeting the measurable and rigorous targets established in the SPP. OSEP reviews the information provided in the State's APR and SPP and other public information to determine the State's status in meeting the requirements of IDEA.

IDEA details four categories of determination:

• Meets the requirements and purposes of the IDEA
• Needs assistance in implementing the requirements of the IDEA
• Needs intervention in implementing the requirements of the IDEA
• Needs substantial intervention in implementing the requirements of the IDEA

Criteria considered for each state's determination:

• For each compliance indicator in the APR, whether the state demonstrated compliance or that it corrected noncompliance in a timely manner.
• For all indicators in the SPP and APR, whether the state provided valid and reliable data that reflected the measurement for the indicator.
• Whether the state had other IDEA compliance issues that had been identified during OSEP's monitoring, audit or other activities, and the state's progress in resolving those problems.

Resources:

• Wisconsin Determination, 6/20/2011
• Wisconsin Part B FFY 2009 SPP/APR Response Table
• How OSEP Made Determinations
• OSEP Determinations Criteria and Enforcement Actions
• OSEP Determinations FAQs

LEA Determinations

IDEA requires DPI to make an annual determination as to whether each local educational agency is meeting the requirements of the statute. DPI must review LEA performance against the targets in the State Performance Plan (SPP). Specifically, DPI must consider LEA performance on compliance indicators in the SPP; whether data submitted by LEAs is valid, reliable, and timely; uncorrected noncompliance from other sources, and any audit findings. The Department must use the same four categories as OSEP when making determinations: the LEA meets the requirements, needs assistance, needs intervention, or needs substantial intervention in implementing the requirements of IDEA.

Resources:

• DPI Enforcement Actions

2011 LEA Determinations under IDEA:

• Meets Requirements Letter - List
• DPI Determinations Criteria 2011

For questions about this information, contact Anita J. Castro (608) 266-1781

Last updated on 7/15/2011 2:56:21 PM