Section 1416 (a)

(a) Federal and State monitoring

    (1) In general

  • The Secretary shall—
    • (A) monitor implementation of this subchapter through—
      • (i) oversight of the exercise of general supervision by the States, as required in section 1412(a)(11) of this title; and
      • (ii) the State performance plans, described in subsection (b);

    • (B) enforce this subchapter in accordance with subsection (e); and
    • (C) require States to—
      • (i) monitor implementation of this subchapter by local educational agencies; and
      • (ii) enforce this subchapter in accordance with paragraph (3) and subsection (e).

    (2) Focused monitoring

  • The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on—
    • (A) improving educational results and functional outcomes for all children with disabilities; and
    • (B) ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.

    (3) Monitoring priorities

  • The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:
    • (A) Provision of a free appropriate public education in the least restrictive environment.
    • (B) State exercise of general supervisory authority, including child find, effective monitoring, the use of resolution sessions, mediation, voluntary binding arbitration, and a system of transition services as defined in sections 1401(34) and 1437(a)(9) of this title.
    • (C) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.

    (4) Permissive areas of review

  • The Secretary shall consider other relevant information and data, including data provided by States under section 1418 of this title.
  • Severe Discrepancy
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    Last modified on November 7, 2019