Determinations


Federal Requirements

The Individuals with Disabilities Education Act (IDEA) (34 CFR  300.603 (b) and 303.703 (b) requires that states review the data of each Local Education Agency (LEA) to evaluate the LEA’s performance in meeting requirements and purposes of the IDEA based on the information in the State Performance Plan/ Annual Performance Report (SPP/APR), information obtained through visits, and any other publicly available information. After reviewing the data, states must determine whether LEAs: Meet Requirements; Need Assistance; or Need Intervention. The Georgia Department of Education (GaDOE), Division for Exceptional Children (DEC) Determination Chart for each year is based on Compliance Indicators and a LEA’s Maintenance of Effort Status. 


District Determination Data and Source

Indicator

Name

Data Source

Indicator 4b

Rates of Suspension and Expulsion 

Student Record 

(prior year)

Indicator 9

Disproportionate Representation of Racial and Ethnic Groups in Special Education and Related Services 

* LEA has compliant policies, practices, and procedures related to Indicator 9 

Student Record

(prior year)

Indicator 10

Disproportionate Representation of Racial and Ethnic Groups in Specific Disability Categories 

* LEA has compliant policies, practices, and procedures related to Indicator 10

Student Record 

(prior year)

Indicator 11

Initial Evaluations (Child Find) completed within 60 days State Target (100%)

SE Application Dashboard 

(prior year)

Indicator 12

Part C to Part B Transitions (Early Childhood Transitions) 

State Target (100%)

SE Application Dashboard 

(prior year)

Indicator 13

Measurable Postsecondary Goals for Transition 

State Target (100%)

Cross Functional Monitoring or Secondary Transition


General Supervision 

(Timely Correction of Noncompliance)

LEA timely corrects all identified noncompliance no later than one year from notification


Maintenance of Effort (MOE)

GaDOE Consolidated Application Special Education MOE


Timely and Accurate Data

SE Application Dashboard, GaDOE Consolidated Application, Sign-off on State-wide Data Collection System, CEIS


Note: Performance Levels for Indicator 13 are based on the most recent Transition Plan Review


LEA Determination Criteria

Each Indicator is worth 2 points except for Maintenance of Effort which is worth 4 points.  LEAs may earn a partial point for Indicators 11, 12, 13 and Timely and Accurate Data.  The LEA receives a Total Performance Score, and it is divided by the Total Possible Points. The resulting score determines the level of compliance for the LEA for that school year. 

≥90% = Meets Requirements 

≥ 75% and < 90% = Needs Assistance 

< 75% = Needs Intervention 


Based on the data in each LEA’s profile, information obtained through monitoring visits, and any other public information, the Georgia Department of Education will determine if each local education agency: Meets Requirements; Needs Assistance; Needs Intervention; or Needs Substantial Intervention. Determinations will be made annually, and superintendents are notified.


How is this Data used?

Determinations should be considered as LEAs are developing improvement activities for the LEA Improvement Plan. Other factors should be considered, including: 

  • The progress, over time, the LEA has made toward State targets 
  • Monitoring status, if applicable  
  • Activities documented in the LEA’s Improvement Plan 
  • Fiscal Monitoring 
  • Areas of identified noncompliance 


Meets Requirements 

Factors the state will consider in determining whether a LEA meets the requirements include the following: 

  • The LEA demonstrates compliance on the required compliance indicators. 
  • Meets state target for the following Indicators: Timely Correction of Noncompliance, and Maintenance of Effort, and 
  • Results of 90% or greater. 

 

Needs Assistance 

If the LEA does not demonstrate criteria outlined above, then the district is identified as Needs Assistance Year 1. 

 

After the 2nd year of not meeting requirements, the LEA is identified as Needs Assistance Year 2. 

 

When a LEA is determined to Need Assistance for the first year, the State will take the following action: 

  • Require the LEA to review and revise the LEA’s Improvement Plan to address areas needing improvement. 
  • Advise the LEA of available sources of technical assistance to address the areas needing improvement. 

 

When a LEA is determined to Need Assistance for two consecutive years, the State will take one or more of the following actions: 

  • Advise the LEA of the available sources of Technical Assistance (TA) that may help the LEA address the areas in which the LEA needs assistance and require the LEA to work with the appropriate sources of TA.  
  • Identify the LEA as a high-risk grantee and impose Specific Conditions on the District Part B grant award.  

 

Needs Intervention 

If the LEA has not met requirements for three consecutive years, it would be identified as Needs Intervention. 


When a LEA is determined to Need Intervention, the State will take one or more of the following actions: 

  • Require the LEA to prepare a corrective action plan or improvement plan to correct the identified area(s).  
  • Withhold, in whole or in part, further payments under Part B to the LEA.  
  • Direct the use of LEA funds to address the problem area(s). 
  • On-site Compliance monitoring focused on the area needing intervention. 
  • Require the LEA to develop a data based specific Compliance Agreement to correct identified areas.


Needs Substantial Intervention 

After four consecutive years of not meeting requirements or at any time the State determines that a LEA Needs Substantial Intervention in implementing the requirements of IDEA, the LEA will be designated as needing substantial intervention.  

If the State determines that a LEA Needs Substantial Intervention, in addition to all previous activities, the following actions may be taken: 

  • Withhold, in whole or in part, IDEA and State funds to the LEA. 


For LEAs not meeting requirements, the State may take additional enforcement actions identified as appropriate under its general supervision policy.