Special Education Determination Categories

Special Education Determination Percentage

Targeted Assistance and Intervention Activities

ADE/ESS will take action(s) in response to PEA determinations in accordance with 34 CFR §300.604 and applicable Arizona state statutes, including A.R.S. §§ 15‑741 and 15‑761 et seq. Actions are based on the assigned determination category and the duration of the determination status.

 Meets Requirements (MR)

For PEAs identified as Meets Requirements, ADE/ESS may:

• Continue routine monitoring and support
• Encourage continued improvement in results and compliance

No additional enforcement actions are required.

 Needs Assistance (NA)

For PEAs identified as Needs Assistance for two (2) consecutive years, ADE/ESS will:

• Advise the PEA of available sources of technical assistance, including guidance and technical assistance documents from the Office of Special Education Programs (OSEP), other federal or state agencies, SEA-approved technical assistance providers, and SEA-developed guidance documents and trainings
• Require the PEA to engage in targeted technical assistance activities, which may include participation in professional development, implementation support, or consultation with subject matter experts
• Provide guidance on improvement strategies related to identified areas of need in results and/or compliance
• Direct the use of state-level IDEA funds, as appropriate, to support improvement efforts
• Consider additional special monitoring or support.

 Needs Intervention (NI):

For PEAs identified as Needs Intervention for three (3) or more consecutive years, ADE/ESS will implement additional actions beyond those required for Needs Assistance, which may include:

• Requiring the PEA to develop and implement a corrective action plan and/or improvement plan that addresses identified areas of noncompliance and/or low performance
• Increasing monitoring activities, including targeted reviews, data validation, and required reporting on progress toward improvement
• Requiring participation in specified technical assistance, professional development, or coaching aligned to identified needs
• Directing the use of IDEA funds to support correction of noncompliance and/or improvement efforts
• Withholding, in whole or in part, up to fifteen percent (15%) of IDEA funds until the PEA demonstrates sufficient progress in addressing identified areas of concern
• Implementing additional enforcement actions as permitted under federal and state law
• Notification to the Charter Authorization Board for consideration of further actions or sanctions

ADE/ESS will tailor interventions based on the severity, scope, and persistence of identified performance and compliance issues.

Needs Substantial Intervention (NSI):

For PEAs identified as Needs Substantial Intervention, or in cases of significant failure to comply with IDEA requirements, ADE/ESS will take immediate and substantial enforcement actions, building on all actions available under Needs Intervention (NI), which may include:

• Withholding, in whole or in part, IDEA funds
• Requiring intensive corrective action planning and implementation with continuous monitoring and oversight
• Implementing any additional enforcement actions necessary to ensure compliance with federal and state requirements

ADE/ESS may take one or more of these actions immediately based on the severity of the identified noncompliance or failure to meet IDEA requirements.