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 300.199
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
State Performance Plan
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
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.