RIDE Information Services
Public Reporting of Local Performance Data and LEA Determinations
As required by sections 616(b)(1)(A) and 642 of the Individuals with Disabilities Education Act (IDEA), each State must have in place a State Performance Plan (SPP) that evaluates the State’s efforts to implement the requirements and purposes of Parts B and C of the IDEA, and describes how the State will improve its implementation. Section 616(b)(2) requires that the State report annually to the Secretary on its performance under the State Performance Plan for Part B of the IDEA. Specifically, the State must report, in its Annual Performance Report (APR), on its progress in meeting the measurable and rigorous targets it established in its SPP.

Section 616(d) requires that the Department review the APR each year. Based on the information provided in the State’s APR, information obtained through monitoring visits, and any other public information, the Department will determine if the State: Meets Requirements; Needs Assistance; Needs Intervention; or Needs Substantial Intervention. In making these determinations and in deciding upon appropriate enforcement actions, the Department will consider all information available to the Department at the time of the determination, including the history, nature and length of time of any reported noncompliance, and any evidence of correction. For example, a State may report data in a given Federal fiscal year that indicates that noncompliance was identified in one or more indicators during or prior to the reporting period. If the State also provides quantitative and qualitative data demonstrating that the State timely corrects identified noncompliance in the indicator, the Department will consider the State to be in substantial compliance regarding that indicator.

The State shall report annually to the public on the performance of each local educational agency (LEA) located in the State on the targets in the State’s Performance Plan. In addition, States are required to make “Determinations” annually on the performance of each LEA utilizing the same four categories as OSEP on making determinations of the status of local programs.

LEAs that do not meet one or more of the State’s performance targets identified in their SPP should closely examine their identified improvement activities and the LEAs implementation of those activities, and consider whether the LEA needs to change those activities or adjust its implementation of those activities. Failure to meet performance targets may result in focused monitoring, requests for additional data or information regarding related requirements, or other actions by the State.