Chapter 56 Workgroup Orientation Session The Road to Chapter 60 June 30, 2007

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

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

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 Governor’s signature Statewide Implementation

Minimizing Rules and Regulations 34 CFR

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.

Monitoring, Enforcement and Technical Assistance

Monitoring New provisions puts primary focus of State’s 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

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

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

Enforcement: Needs 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

Enforcement: Needs 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.

Enforcement: Needs Intervention con’t. –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.

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.