Chapter 56 Workgroup Orientation Session The Road to Chapter 60

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Chapter 56 WorkgroupOrientation SessionThe
Road to Chapter 60

• June 30, 2007

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Federal Process IDEA 2004

• U.S. Congress
• Reauthorized IDEA 1997
• November 19, 2004
• Signed by President Bush December 3, 2004
• Effective July 1, 2005

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Federal Regulations

• Office of Special Education and Rehabilitative
  Services (OSERS)
• Notice of Proposed Rulemaking (NPRM) Draft
  Rules
• June 21, 2005
• Public comment by September 6, 2005
• Final Regulations
• Published August 14, 2006
• Effective October 13, 2006

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The Hawaii Administrative Rule (HAR)Adoption
Process

• Draft rule prepared by Department
• Draft Approval by
• Superintendent
• Board of Education
• Governor
• Public Hearings on draft rule
• Approval of Final rule by Board of Education
• Governors signature
• Statewide Implementation

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Minimizing Rules and Regulations

• 34 CFR 300.199

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• Each State that receives funds under Part B of
• the Act must
• (1) Ensure that any State rules, regulations,
  and policies relating to this part conform to the
  purposes of this part
• (2) Identify in writing to the Secretary any
  State-imposed requirement that is not required by
  Part B of the Act and Federal regulations and
• (3) Minimize the number of rules, regulations,
  and policies to which schools are subject under
  Part B of the Act.

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• Monitoring, Enforcement and Technical Assistance

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Monitoring

• New provisions puts primary focus of States
  monitoring activities on
• Improving education results and functional
  outcomes
• Ensuring that public agencies meet program
  requirements, particularly those most closely
  related to improving educational results

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State Performance Plan

• A State Performance Plan evaluates the States
  efforts to implement the requirements and
  purposes of Part B of the Act describes how the
  State will improve its implementation.

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State Performance Plan

• The State must
• Submit its performance plan to the Secretary of
  the U.S. Department of Education for approval
• Review its performance plan at least once every
  six years, and submit any amendments to the
  Secretary

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Review of State Performance

• Annual review of State performance by the
• Secretary to determine its level of performance
• Meets requirements
• Needs assistance
• Needs intervention
• Needs substantial intervention

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EnforcementNeeds Assistance

• If a State needs assistance for 2 consecutive
  years, the Secretary will take one or more of the
  following actions
• Require the State to work with appropriate
  sources of technical assistance
• Direct the use of State-level funds
• Identify the State as high-risk and impose
  special conditions

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EnforcementNeeds Intervention

• If a State needs intervention for 3 or more
  consecutive years, the Secretary may take any of
  the previous actions and one or more of the
  following actions
• Require the State to prepare a corrective action
  plan or improvement plan (if able to correct the
  problem in one year).
• Require the State to enter into a compliance
  agreement.

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Enforcement Needs Intervention cont.

• For each year of the determination, withhold not
  less than 20 and not more than 50 of its
  funding.
• Seek to recover funds.
• Withhold, in whole or part, any further payments
  to the State.
• Refer the matter to the Department of Justice for
  appropriate enforcement.

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Enforcement Needs Substantial Intervention

• If a State needs substantial intervention in
  implementing the requirements of Part B of the
  Act or there is substantial failure to comply
  with any condition of eligibility, the Secretary
  will take one or more of the following actions
• Recover funds
• Withhold, in whole or in part, any further
  payments to the State
• Refer the case to the Office of the Inspector
  General at the Department of Education
• Refer the matter to the Department of Justice for
  appropriate action.