Sec. 300.647 (b) (1)
(i) The State must set a:
(A) Reasonable risk ratio threshold;
(B) Reasonable minimum cell size;
(C) Reasonable minimum n-size; and
(D) Standard for measuring reasonable progress if a State uses the flexibility described in paragraph (d)(2) of this section.
(ii) The State may, but is not required to, set the standards set forth in paragraph (b)(1)(i) of this section at different levels for each of the categories described in paragraphs (b)(3) and (4) of this section.
(iii) The standards set forth in paragraph (b)(1)(i) of this section:
(A) Must be based on advice from stakeholders, including State Advisory Panels, as provided under section 612(a)(21)(D)(iii) of the Act; and
(B) Are subject to monitoring and enforcement for reasonableness by the Secretary consistent with section 616 of the Act.
(iv) When monitoring for reasonableness under paragraph (b)(1)(iii)(B) of this section, the Department finds that the following are presumptively reasonable:
(A) A minimum cell size under paragraph (b)(1)(i)(B) of this section no greater than 10; and
(B) A minimum n-size under paragraph (b)(1)(i)(C) of this section no greater than 30.
Last modified on May 2, 2017