New York State Education Department Criteria for School District Determinations under the Individuals with Disabilities Education Act (IDEA) - PDF (119 KB)
34 CFR section 300.600 requires each state to make determinations annually about the performance of each public school district based on the public school district’s annual performance relating to State Performance Plan (SPP) indicators. These determinations must be made in consideration of information obtained through monitoring visits, other public information made available, including any audit findings and whether the data submitted by the local educational agency is valid, reliable, and timely. The state must consider compliance and may consider other performance indicators in relation to the state’s targets for improvement for these indicators. Based upon this information, the state must determine whether the district meets the requirements and purposes of IDEA; needs assistance in implementing the requirements of IDEA; needs intervention in implementing the requirements of IDEA; or needs substantial intervention in implementing the requirements of IDEA. (§300.603)
Beginning with the 2012-13 school year, the state will make its annual IDEA Determinations based on a school district’s performance outcomes and compliance1 status as follows:
Performance: District is a Focus District under the Elementary and Secondary Education Act (ESEA) Waiver based on combined English language arts (ELA) and math assessment results or the graduation rate for students with disabilities; and/or the district has one or more schools identified in need of a local assistance plan (LAP) for students with disabilities; and/or
Compliance: District has findings of noncompliance that remain uncorrected between 12 and 24 months from the date of identification of the noncompliance by the State.
Performance: District is a Focus District under the ESEA Waiver based on combined ELA and math assessment results or the graduation rate for students with disabilities; and/or the district has one or more schools identified in need of a LAP; and/or
Compliance: District has findings of noncompliance that remain uncorrected more than 24 months from the date of identification of the noncompliance by the State.
|Needs Substantial Intervention||Compliance: District has significant noncompliance that remains uncorrected and that is resulting in substantial failure of the district to provide a free appropriate public education for its students with disabilities.|
1 Compliance factors that will be considered include, but are not limited to, a school district's data on SPP/Annual Performance Report compliance indicators; whether a district submitted valid, reliable, and timely data for all indicators; and any uncorrected noncompliance beyond one year, including from other sources (including complaints or hearings).