7 Miss. Code. R. 34-F-300.600 - State monitoring and enforcement

(a) The MDE

(1) Monitors the implementation of Part B of IDEA;

(2) Makes determinations annually about the performance of each LEA using the categories in §300.603(b)(1);

(3) Enforces Part B of IDEA, consistent with §300.604, using appropriate enforcement mechanisms, which must include, if applicable, the enforcement mechanisms identified in §300.604(a)(1) (technical assistance), (a)(3) (conditions on funding of an LEA), (b)(2)(i) (a corrective action plan or improvement plan), (b)(2)(v) (withholding funds, in whole or in part, by the MDE); and

(4) Reports annually on the performance of the State and of each LEA under Part B of IDEA, as provided in §300.602(b)(1)(i)(A) and (b)(2).

(b) The primary focus of the MDE's monitoring activities is

(1) Improving educational results and functional outcomes for all children with disabilities; and

(2) Ensuring that public agencies meet the program requirements under Part B of IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.

(c) As part of its responsibilities under paragraph (a) above, the MDE uses quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in paragraph (d) below, and the indicators established by the Secretary of the U.S. Department of Education for State Performance Plans.

(d) The MDE monitors the LEAs located in Mississippi, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in these areas

(1) Provision of FAPE in the least restrictive environment;

(2) State exercise of general supervision, including Child Find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in §300.43 and in 20 U.S.C. 1437(a)(9).

(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.

(e) In exercising its monitoring responsibilities under paragraph (d) of this section, the MDE must ensure that when it identifies noncompliance with the requirements of Part B of IDEA by LEAs, the noncompliance is corrected as soon as possible, and in no case later than one (1) year after the MDE's identification of noncompliance.

Notes

7 Miss. Code. R. 34-F-300.600