Special Education Determination Categories

Special Education Determination Percentage

Targeted Assistance and Intervention Activities

(a) Meets Requirements (MR)

The State Education Agency (SEA) will not be providing targeted technical assistance or intervention to these PEAs, based on the special education determination.

(b) Needs Assistance (NA)

If the SEA determines, for two consecutive years, that a PEA needs assistance under 34 CFR 300.603(b)(1)(ii) in implementing the requirements of Part B of the IDEA, the SEA takes one or more of the following actions:

1. The SEA will advise the PEA of available sources of technical assistance that may help the PEA address the areas in which the PEA needs assistance, which may include assistance from the Office of Special Education Programs (OSEP), other offices of the Department of Education, other Federal agencies, technical assistance providers approved by the SEA, and other federally funded, nonprofit agencies, and will require the PEA to work with appropriate entities. Such technical assistance may include:
   1. The provision of advice by experts to address the areas in which the PEA needs assistance, including explicit plans for addressing the area for concern within a specified period of time
   2. Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research
   3. Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support
   4. Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under Part D of the Individuals with Disabilities Education Act (IDEA) and private providers of scientifically based technical assistance
2. Direct the use of State-level funds under section 611(e) of the IDEA to the area or areas in which the PEA needs assistance
3. Identify the PEA as a high-risk grantee and imposes special conditions on the PEA's grant under Part B of the IDEA

(c) Needs Intervention (NI):

If the SEA determines, for three or more consecutive years, that a PEA needs intervention under 34 CFR 300.603(b)(1)(iii) in implementing the requirements of Part B of the IDEA, the following shall apply:

1. The SEA may take any of the actions described above in the “Needs Assistance” section.
2. The SEA takes one or more of the following actions:
   1. Require the PEA to prepare a corrective action plan or improvement plan if the SEA determines that the PEA should be able to correct the problem within one year
   2. Require the PEA to enter into a compliance agreement under the General Education Provisions Act (GEPA) if the SEA has reason to believe that the PEA cannot correct the problem within one year
   3. For each year of the determination, withhold 15% of the PEA's funds under section 611(e) of the IDEA until the SEA determines the PEA has sufficiently addressed the areas in which the PEA needs intervention
   4. Seek to recover funds under section 452 of GEPA

(d) Needs Substantial Intervention (NSI):

Notwithstanding paragraph (b) or (c) of this section, at any time that the SEA determines that a PEA needs substantial intervention in implementing the requirements of Part B of the IDEA or that there is a substantial failure to comply with any condition of a SEA's or PEA's eligibility under Part B of the IDEA, the SEA takes one or more of the following actions:

1. Recover funds under section 452 of GEPA
2. Withhold, in whole or in part, any further payments to the PEA under Part B of the IDEA
3. Refer the case to the Office of the Inspector General at the Department of Education
4. Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice

Page revised 4/12/22