#### Part B SPP/APR Related Requirements

Note: This document includes a list of the Monitoring Priorities and
Indicators and the requirements from the statutes and regulations that
are related to each priority and indicator. The purpose of this document
is to inform States of the statutory and/or regulatory requirements
related to each Indicator that will be reviewed by OSEP as part of
Focused Monitoring. That is, if OSEP determines that it will do Focused
Monitoring in a State because that State is low performing or in
noncompliance with a specific indicator, OSEP will review the Related
Requirements for that indicator as part of the Focused Monitoring. OSEP
encourages States to examine their general supervision systems to
determine how they address these Related Requirements. Please note that
the Related Requirements listed in the right column are either abridged
statements of the actual language in the statute and regulations, or
merely identify requirements related to indicators. Readers are
encouraged to review the full language of the requirements in the
statute and regulations to ensure a complete understanding of the
requirement.

+-----------------------+----------------------------------------------+
| **[Monitoring         | **[Related Requirements]{.smallcaps}**       |
| Indi                  |                                              |
| cators]{.smallcaps}** |                                              |
+=======================+==============================================+
| 1.  Percent of youth  | **Part B requirements that are the basis for |
|     with IEPs         | compliance Indicator 13:**                   |
|     graduating from   |                                              |
|     high school with  | > The IEP, beginning not later than the      |
|     a regular         | > first IEP to be in effect when the child   |
|     diploma.          | > turns 16, or younger if determined         |
|                       | > appropriate by the IEP Team and updated    |
| > (20 U.S.C. 1416     | > annually thereafter, must include          |
| > (a)(3)(A))          | > appropriate measurable postsecondary goals |
|                       | > based upon age appropriate transition      |
| 2.  Percent of youth  | > assessments related to training,           |
|     with IEPs         | > education, employment and where            |
|     dropping out of   | > appropriate, independent living skills;    |
|     high school.      | > the transition services (including courses |
|                       | > of study) needed to assist the child in    |
| > (20 U.S.C. 1416     | > reaching those goals; and beginning not    |
| > (a)(3)(A))          | > later than 1 year before the child reaches |
|                       | > the age of majority under State law, a     |
| 13\. Percent of youth | > statement that the child has been informed |
| with IEPs aged 16 and | > of the child\'s rights under this title,   |
| above with an IEP     | > if any, that will transfer to the child on |
| that includes         | > reaching the age of majority under 20      |
| appropriate           | > U.S.C. 1415(m). \[[20 U.S.C.               |
| measurable            | > 1414(]{.smallcaps}d)(1)(A)(i)(VIII); 20    |
| postsecondary goals   | > U.S.C. 1415(m); 34 CFR §300.320(b) and     |
| that are annually     | > (c)\]                                      |
| updated and based     | >                                            |
| upon an age           | > The term 'transition services' is defined  |
| appropriate           | > in 20 U.S.C. 1402(34)(A) through (C). \[20 |
| transition            | > U.S.C. 1401(34); 34 CFR §300.43\]          |
| assessment,           |                                              |
| transition services,  | **Indicators 1, 2, and 14 are results        |
| including courses of  | indicators**.                                |
| study, that will      |                                              |
| reasonably enable the | Provision of a summary of a graduating       |
| student to meet those | youth's academic achievement and functional  |
| postsecondary goals,  | performance, including recommendations on    |
| and annual IEP goals  | how to assist youth in meeting his or her    |
| related to the        | postsecondary goals. \[20 U.S.C.             |
| student's transition  | 1414(c)(5)(B); 34 CFR §300.305(e)(3)\]       |
| services needs. There |                                              |
| also must be evidence | Transfer of rights when student with         |
| that the student was  | disability reaches age of majority under     |
| invited to the IEP    | State law. \[20 U.S.C. 1415(m)(1); 34 CFR    |
| Team meeting where    | §300.520(a)\]                                |
| transition services   |                                              |
| are to be discussed   | Transfer of confidentiality rights when      |
| and evidence that a   | student with disability reaches age of       |
| representative of any | majority \[20 U.S.C. 1412(a)(8); 34 CFR      |
| participating agency  | §99.5(a) and §300.625\]                      |
| was invited to the    |                                              |
| IEP Team meeting with | IEP team. \[20 U.S.C. 1414(d)(1)(B); 34 CFR  |
| the prior consent of  | §300.321(a)\]                                |
| the parent or student |                                              |
| who has reached the   | IEP team---additional participants for       |
| age of majority.      | secondary transition. \[20 U.S.C.            |
|                       | 1412(a)(12); 34 CFR §300.321(b)(2) and (3)\] |
| > (20 U.S.C.          |                                              |
| > 1416(a)(3)(B))      | IEP meeting notice for secondary transition. |
| >                     | \[20 U.S.C. 1414(d)(1)(A)(i)(I)(VIII); 34    |
| > 14\. Percent of     | CFR §300.322(b)(2)\]                         |
| > youth who are no    |                                              |
| > longer in secondary | If participating agency other than LEA does  |
| > school, had IEPs in | not provide transition services. \[20 U.S.C. |
| > effect at the time  | 1414(d)(6); 34 CFR §300.324(c)(1)\]          |
| > they left school    |                                              |
| > and were:           | Development, review and revision of IEP.     |
| >                     | \[20 U.S.C. 1414(d)(3); 34 CFR §300.324\]    |
| > A. Enrolled in      |                                              |
| > higher education    | IEP---special considerations (behavior,      |
| > within one year of  | limited English proficiency, blind or        |
| > leaving high        | visually impaired, communication needs).     |
| > school.             | \[20 U.S.C. 1414(d)(3); 34 CFR               |
| >                     | §300.324(a)(2)\] These requirements also     |
| > B. Enrolled in      | included in this document under Indicators   |
| > higher education or | 3/7.                                         |
| > competitively       |                                              |
| > employed within one | Right to FAPE. \[20 U.S.C. 1412(a)(1)(A); 34 |
| > year of leaving     | CFR §300.101(a)\] These requirements also    |
| > high school.        | included in this document under Indicators   |
| >                     | 3/7.                                         |
| > C. Enrolled in      |                                              |
| > higher education or | NIMAS. \[20 U.S.C. 1412(a)(23); 34 CFR       |
| > in some other       | §300.172(a)\] These requirements also        |
| > postsecondary       | included in this document under Indicators   |
| > education or        | 3/7.                                         |
| > training program;   |                                              |
| > or competitively    | Highly Qualified Personnel. \[20 U.S.C.      |
| > employed or in some | 1412(a)(14)(A) and (B), 1413(a)(3); 34 CFR   |
| > other employment    | §§300.156(a) -- (d) and 300.207\] These      |
| > within one year of  | requirements also included in this document  |
| > leaving high        | under Indicators 3/7.                        |
| > school.             |                                              |
| >                     |                                              |
| > (20 U.S.C.          |                                              |
| > 1416(a)(3)(B))      |                                              |
+-----------------------+----------------------------------------------+
| 3.  Participation and | **Indicators 3 and 7 are results             |
|     performance of    | indicators.**                                |
|     children with     |                                              |
|     disabilities on   | All children with disabilities included in   |
|     statewide         | all general State and districtwide           |
|     assessments:      | assessment programs, with appropriate        |
|                       | accommodations and alternate assessments if  |
| ```{=html}            | necessary and as indicated in their          |
| <!-- -->              | respective IEPs. \[20 U.S.C. 1412            |
| ```                   | (a)(16)(A); 34 CFR §300.160(a)\]             |
| A.  Percent of the    |                                              |
|     districts with a  | Guidelines for provision of appropriate      |
|     disability        | accommodations. \[20 U.S.C. 1412(a)(16)(B);  |
|     subgroup that     | 34 CFR §300.160(b)(1) and (2)\]              |
|     meets the State's |                                              |
|     minimum "n" size  | Alternate assessments and guidelines for the |
|     that meet the     | participation of children with disabilities  |
|     State's AYP       | in alternate assessments for children who    |
|     targets for the   | cannot participate in regular assessments.   |
|     disability        | \[20 U.S.C. 1412(a)(16)(C); 34 CFR           |
|     subgroup.         | §300.160(c)\]                                |
|                       |                                              |
| B.  Participation     | Clear explanation of differences between     |
|     rate for children | assessments based on grade-level academic    |
|     with IEPs.        | achievement standards and those based on     |
|                       | modified or alternate academic achievement   |
| > C. Proficiency rate | standards. \[34 CFR §300.160(d)\]            |
| > for children with   |                                              |
| > IEPs against grade  | Informing parents of students selected to be |
| > level, modified and | assessed based on alternate or modified      |
| > alternate academic  | academic achievement standards. \[34 CFR     |
| > achievement         | §300.160(e)\]                                |
| > standards.          |                                              |
| >                     | Reporting to the public on results of        |
| > (20 U.S.C. 1416     | statewide and districtwide assessments. \[20 |
| > (a)(3)(A))          | U.S.C. 1412 (a)(16)(D); 34 CFR §300.160(f)\] |
| >                     |                                              |
| > 7\. Percent of      | Use of universal design principles in        |
| > preschool children  | developing and administering assessments.    |
| > with IEPs who       | \[20 U.S.C. 1412 (a)(16)(E); 34 CFR          |
| > demonstrate         | §300.160(g)\]                                |
| > improved:           |                                              |
|                       | IEP includes statement of any necessary      |
| A.  Positive          | individual appropriate accommodations on     |
|     social-emotional  | statewide and districtwide assessments. \[20 |
|     skills (including | U.S.C. 1414(d)(1)(A)(i)(VI)(aa); 34 CFR      |
|     social            | §300.320(a)(6)(i)\]                          |
|     relationships);   |                                              |
|                       | Statement of why child cannot participate in |
| B.  Acquisition and   | regular assessment, and why particular       |
|     use of knowledge  | alternate assessment selected is appropriate |
|     and skills        | for child. \[20 U.S.C.                       |
|     (including early  | 1414(d)(1)(A)(i)(VI)(bb); 34 CFR             |
|     language/         | §300.320(a)(6)(ii)\]                         |
|     communication and |                                              |
|     early literacy);  | Right to FAPE. \[20 U.S.C. 1412(a)(1)(A); 34 |
|     and               | CFR §300.101(a)\] These requirements also    |
|                       | included in this document under Indicators   |
| C.  Use of            | 1/2/13/14.                                   |
|     appropriate       |                                              |
|     behaviors to meet | IEP---special considerations (behavior,      |
|     their needs.      | limited English proficiency, blind or        |
|                       | visually impaired, communication needs).     |
| > (20 U.S.C. 1416     | \[20 U.S.C. 1414(d)(3); 34 CFR               |
| > (a)(3)(A))          | §300.324(a)(2)\] These requirements also     |
|                       | included in this document under Indicators   |
|                       | 1/2/13/14.                                   |
|                       |                                              |
|                       | NIMAS. \[20 U.S.C. 1412(a)(23); 34 CFR       |
|                       | §300.172(a)\] These requirements also        |
|                       | included in this document under Indicators   |
|                       | 1/2/13/14.                                   |
|                       |                                              |
|                       | Highly Qualified Personnel. \[20 U.S.C.      |
|                       | 1412(a)(14)(A) and (B), 1413(a)(3); 34 CFR   |
|                       | §§300.156(a)-(d) and 300.207\]. These        |
|                       | requirements also included in this document  |
|                       | under Indicators 1/2/13/14.                  |
+-----------------------+----------------------------------------------+
| 4.  Rates of          | **Part B requirements that are the basis for |
|     suspension and    | compliance Indicator 4B:**                   |
|     expulsion:        |                                              |
|                       | > The SEA, and the Secretary of the          |
| > A. Percent of       | > Interior, must examine data, including     |
| > districts           | > data disaggregated by race and ethnicity,  |
| > identified by the   | > to determine if significant discrepancies  |
| > State as having a   | > are occurring in the rate of long-term     |
| > significant         | > suspensions and expulsions of children     |
| > discrepancy in the  | > with disabilities among LEAs in the State; |
| > rates of            | > or compared to such rates for nondisabled  |
| > suspensions and     | > children within such agencies. [\[20       |
| > expulsions of       | > U.S.C. 1412(]{.smallcaps}a)[(22)(A); 34    |
| > children with IEPs  | > CFR §§300.170 (]{.smallcaps}a) and         |
| > for greater than 10 | > 300.646(a)(3)\]                            |
| > days in a school    | >                                            |
| > year; and           | > If such discrepancies are occurring, the   |
| >                     | > SEA must review and, if appropriate,       |
| > B. Percent of       | > revise (or require the affected State or   |
| > districts           | > LEA to revise) its policies, procedures,   |
| > identified by the   | > and practices relating to the development  |
| > State as having a   | > and implementation of IEPs, the use of     |
| > significant         | > positive behavioral interventions and      |
| > discrepancy in the  | > supports, and procedural safeguards, to    |
| > rates of            | > ensure that such policies, procedures, and |
| > suspensions and     | > practices comply with this Act. [\[20      |
| > expulsions of       | > U.S.C.                                     |
| > children with IEPs  | > 1412(]{.smallcaps}a[)(22)(B]{.smallcaps}); |
| > of greater than 10  | > 34 CFR §§300.170(b) and 300.646(b)\]       |
| > days in a school    |                                              |
| > year by race and    | **Indicator 4A is a results indicator.**     |
| > ethnicity and that  |                                              |
| > have policies,      | Authority of school personnel regarding      |
| > procedures or       | placement in alternative education settings. |
| > practices that      | \[20 U.S.C. 1415(k)(1); 34 CFR §300.530\]    |
| > contribute to the   |                                              |
| > significant         | Determination of setting. \[20 U.S.C.        |
| > discrepancy and     | 1415(k)(2); 34 CFR §300.531\]                |
| > that do not comply  |                                              |
| > with requirements   | Appeal of decision regarding placement or    |
| > relating to the     | manifestation determination. \[20 U.S.C.     |
| > development and     | 1415(k)(3); 34 CFR §300.532                  |
| > implementation of   |                                              |
| > IEPs, the use of    | Placement during appeals. \[20 U.S.C.        |
| > positive behavioral | 1415(k)(4); 34 CFR §300.533\]                |
| > interventions and   |                                              |
| > supports, and       | Change of placement because of disciplinary  |
| > procedural          | removals. \[20 U.S.C. 1415(k); 34 CFR        |
| > safeguards.         | §300.536\]                                   |
|                       |                                              |
| (20 U.S.C.            | Right to FAPE. \[20 U.S.C. 1412(a)(1)(A); 34 |
| 1416(a)(3)(A);        | CFR §300.101(a)\] These requirements also    |
| 1412(a)(22))          | included in this document under Indicators   |
|                       | 1/2/13/14.                                   |
|                       |                                              |
|                       | IEP---special considerations (behavior,      |
|                       | limited English proficiency, blind or        |
|                       | visually impaired, communication needs).     |
|                       | \[20 U.S.C. 1414(d)(3); 34 CFR               |
|                       | §300.324(a)(2)\] These requirements also     |
|                       | included in this document under Indicators   |
|                       | 1/2/13/14.                                   |
|                       |                                              |
|                       | Development, review and revision of IEP.     |
|                       | \[20 U.S.C. 1414(d)(3); 34 CFR §300.324\]    |
|                       | These requirements also included in this     |
|                       | document under Indicators 1/2/13/14.         |
|                       |                                              |
|                       | Highly Qualified Personnel. \[20 U.S.C.      |
|                       | 1412(a)(14)(A) and (B), 1413(a)(3); 34 CFR   |
|                       | §§300.156(a)-(d) and 300.207\]. These        |
|                       | requirements also included in this document  |
|                       | under Indicators 1/2/13/14.                  |
+-----------------------+----------------------------------------------+
| > 5\. Percent of      | **Indicators 5 and 6 are results             |
| > children with IEPs  | indicators**.                                |
| > aged 6 through 21   |                                              |
| > served:             | To maximum extent appropriate, children with |
| >                     | disabilities educated with children who are  |
| > A. Inside the       | not disabled. \[20 U.S.C. 1412(a)(5)(A); 34  |
| > regular class 80%   | CFR §300.114(a)\]                            |
| > or more of the day; |                                              |
| >                     | IEP includes explanation of extent, if any,  |
| > B. Inside the       | to which child will not participate with     |
| > regular class less  | nondisabled children. \[20 U.S.C.            |
| > than 40% of the     | 1414(d)(1)(A)(i)(V); 34 CFR §300.320(a)(5)\] |
| > day; or             |                                              |
| >                     | Continuum of alternative placements          |
| > C. In separate      | available. \[20 U.S.C. 1412(a)(5); 34 CFR    |
| > schools,            | §300.115\]                                   |
| > residential         |                                              |
| > facilities, or      | A State funding mechanism must not result in |
| > homebound/hospital  | placements that violate the least            |
| > placements.         | restrictive environment (LRE) requirements.  |
| >                     | \[20 U.S.C. 1412(a)(5)(B); 34 CFR            |
| > (20 U.S.C.          | §300.114(b)(1)\]                             |
| > 1416(a)(3)(A))      |                                              |
|                       | Parents are members of any group that makes  |
| 6\. Percent of        | decisions on educational placement of their  |
| children aged 3       | child. \[20 U.S.C. 1414(e); 34 CFR           |
| through 5 with IEPs   | §§300.116(a)(1) and 300.501(c)\]             |
| attending a separate  |                                              |
| special education     | Placement decision made: (1) by group of     |
| class, separate       | persons, including parents, and other        |
| school or residential | persons knowledgeable about child, meaning   |
| facility.             | of evaluation data, and placement options;   |
|                       | and (2) in conformity with least restrictive |
| > (20 U.S.C.          | environment (LRE) provisions of Part B. \[20 |
| > 1416(a)(3)(A))      | U.S.C. 1412(a)(5) and 1414(e); 34 CFR        |
|                       | §300.116(a)\]                                |
|                       |                                              |
|                       | Placement must be: (1) determined at least   |
|                       | annually; (2) based on child\'s IEP; and (3) |
|                       | as close as possible to child\'s home.       |
|                       | Unless IEP requires some other arrangement,  |
|                       | child must be educated in school he or she   |
|                       | would attend if nondisabled. \[20 U.S.C.     |
|                       | 1412(a)(5); 34 CFR §300.116 (b) and (c)\]    |
|                       |                                              |
|                       | In selecting the LRE, consideration must be  |
|                       | given to any potential harmful effect on     |
|                       | child or on quality of services that he or   |
|                       | she needs. \[20 U.S.C. 1412(a)(5); 34 CFR    |
|                       | §300.116(d)\]                                |
|                       |                                              |
|                       | Child with disability must not be removed    |
|                       | from education in age-appropriate regular    |
|                       | classrooms solely because of needed          |
|                       | modifications in general education           |
|                       | curriculum. \[20 U.S.C. 1412(a)(5); 34 CFR   |
|                       | §300.116(e)\]                                |
|                       |                                              |
|                       | Participation in extracurricular services    |
|                       | and activities to maximum extent appropriate |
|                       | to needs of that child. \[20 U.S.C.          |
|                       | 1412(a)(5); 34 CFR §300.117\]                |
|                       |                                              |
|                       | Except regarding agency responsibility for   |
|                       | general supervision for some individuals in  |
|                       | adult prisons, SEA must ensure that 34 CFR   |
|                       | §300.114 is effectively implemented,         |
|                       | including, if necessary, making arrangements |
|                       | with public and private institutions (such   |
|                       | as memorandum or agreement or special        |
|                       | implementation procedures). \[20 U.S.C.      |
|                       | 1412(a)(5); 34 CFR §300.118\]                |
|                       |                                              |
|                       | Activities to ensure teachers and            |
|                       | administrators in all public agencies are:   |
|                       | (1) fully informed about their               |
|                       | responsibilities for implementing 34 CFR     |
|                       | §300.114; and (2) provided with technical    |
|                       | assistance and training necessary to assist  |
|                       | them in this effort. \[20 U.S.C.             |
|                       | 1412(a)(5)); 34 CFR §300.119\]               |
|                       |                                              |
|                       | State must carry out activities to ensure    |
|                       | that 34 CFR §300.114 implemented by each     |
|                       | public agency. If evidence a public agency   |
|                       | makes placements inconsistent with §300.114, |
|                       | State must: (1) review public agency\'s      |
|                       | justification for its actions; and (2)       |
|                       | assist in planning and implementing any      |
|                       | necessary corrective action. \[20 U.S.C.     |
|                       | 1412(a)(5)); 34 CFR §300.120\]               |
|                       |                                              |
|                       | IEP must include statement of special        |
|                       | education and related services and           |
|                       | supplementary aids and services ... to be    |
|                       | provided to child or on behalf of child, and |
|                       | statement of program modifications or        |
|                       | supports for school personnel that will be   |
|                       | provided to enable child: ...to participate  |
|                       | in extracurricular and other nonacademic     |
|                       | activities; and to be educated and           |
|                       | participate with other children with         |
|                       | disabilities and nondisabled children. \[20  |
|                       | U.S.C. 1414(d)(1)(A)(i)(IV); 34 CFR          |
|                       | §300.320(a)(4)\]                             |
|                       |                                              |
|                       | IEP must include explanation of extent, if   |
|                       | any, to which child will not participate     |
|                       | with nondisabled children in regular class   |
|                       | and in activities described in 34 CFR        |
|                       | §300.320(a)(4). \[20 U.S.C.                  |
|                       | 1414(d)(1)(A)(i)(V); 34 CFR §300.320(a)(5)\] |
+-----------------------+----------------------------------------------+
| > 8\. Percent of      | Informed consent for initial evaluation.     |
| > parents with a      | \[20 U.S.C. 1414(a)(1)(D); 34 CFR            |
| > child receiving     | §300.300(a)\]                                |
| > special education   |                                              |
| > services who report | Informed consent for initial provision of    |
| > that schools        | special education and related services. \[20 |
| > facilitated parent  | U.S.C. 1414(a); 34 CFR §300.300(b)(1)-(3)\]  |
| > involvement as a    |                                              |
| > means of improving  | Informed consent for reevaluation. \[20      |
| > services and        | U.S.C 1414(c); 34 CFR §300.300(c)(1) and     |
| > results for         | (2)\]                                        |
| > children with       |                                              |
| > disabilities.       | Consent for other services and activities.   |
| >                     | \[34 CFR §300.300(c)(2) and (3)\]            |
| > \[20 U.S.C.         |                                              |
| > 1416(a)(3)(A)\]     | Public agency must provide notice to parents |
|                       | of child with a disability, in accordance    |
|                       | with 34 CFR §300.503, that describes any     |
|                       | evaluation procedures agency proposes to     |
|                       | conduct. \[20 U.SC. 1414(b)(1); 34 CFR       |
|                       | §300.304(a)\]                                |
|                       |                                              |
|                       | Parent information as part of evaluation.    |
|                       | \[20 U.S.C. 1414(b)(2)(A) and (c)(1)(A)(i);  |
|                       | 34 CFR §§300.304(b)(1) and 300.305(a)\]      |
|                       |                                              |
|                       | Parents notified if determined no additional |
|                       | data needed to determine whether child       |
|                       | continues to be a child with a disability,   |
|                       | and to determine child's education needs.    |
|                       | \[20 U.S.C. 1414(c)(4)(A); 34 CFR            |
|                       | §300.305(d)(1)\]                             |
|                       |                                              |
|                       | Parents part of group determining whether    |
|                       | child is a child with a disability and       |
|                       | educational needs of child; copy of          |
|                       | evaluation report and documentation of       |
|                       | determination of eligibility given to parent |
|                       | at no cost. \[20 U.S.C. 1414(b)(4); 34 CFR   |
|                       | §300.306(a)\]                                |
|                       |                                              |
|                       | Parent right to inspect and review           |
|                       | educational records. \[20 U.S.C. 1415(b)(1); |
|                       | 34 CFR §300.501(a)\]                         |
|                       |                                              |
|                       | Parent participation in meetings with        |
|                       | respect to identification, evaluation, and   |
|                       | educational placement of child; and          |
|                       | provision of FAPE to child. \[20 U.S.C.      |
|                       | 1415(b)(1); 34 CFR §300.501(b)(1) and (2)\]  |
|                       |                                              |
|                       | Parents of a child with a disability have    |
|                       | right to obtain independent educational      |
|                       | evaluation of child, subject to              |
|                       | §300.501(b)-(e). \[20 U.S.C. 1414(d)(2)(A);  |
|                       | 34 CFR §300.502(a)(1)\]                      |
|                       |                                              |
|                       | Prior written notice to parents. \[20 U.S.C. |
|                       | 1415(b)(3) and (4)); 34 CFR §300.503\]       |
|                       |                                              |
|                       | Procedural safeguards notice. \[20 U.S.C.    |
|                       | 1415(d); 34 CFR §300.504\]                   |
|                       |                                              |
|                       | Parent participation in IEP Team meetings.   |
|                       | \[20 U.S.C. 1414(d)(1)(B)(i); 34 CFR         |
|                       | §§300.321(a)(1) and 300.322\]                |
|                       |                                              |
|                       | IEP Team shall consider concerns of parents  |
|                       | for enhancing education of their child. \[20 |
|                       | U.S.C. 1414(d)(3)(A)(ii); 34 CFR             |
|                       | §300.324(a)(1)(ii)\]                         |
|                       |                                              |
|                       | Public agency shall ensure that IEP Team     |
|                       | revises IEP as appropriate to address        |
|                       | information about child provided to or by    |
|                       | parents. \[20 U.S.C. 1414(d)(4)(A)(ii)(III); |
|                       | 34 CFR §300.324(b)(1)(ii)(C)\]               |
|                       |                                              |
|                       | Public agency must ensure that parents of    |
|                       | each child with a disability are members of  |
|                       | any group that makes decisions on            |
|                       | educational placement of their child. \[20   |
|                       | U.S.C. 1414(e); 34 CFR §300.327\]            |
|                       |                                              |
|                       | When conducting IEP Team meetings and        |
|                       | placement meetings and carrying out          |
|                       | administrative matters under 20 U.S.C. 1415  |
|                       | (such as scheduling, exchange of witness     |
|                       | lists, and status conferences), parent of a  |
|                       | child with a disability and public agency    |
|                       | may agree to use alternative means of        |
|                       | meeting participation, such as video         |
|                       | conferences and conference calls. \[20       |
|                       | U.S.C. 1414(f); 34 CFR §300.328\]            |
+-----------------------+----------------------------------------------+
| 9\. Percent of        | **Part B requirement that is the basis for   |
| districts with        | compliance Indicators 9 and 10:**            |
| disproportionate      |                                              |
| representation of     | > The State must have in effect policies and |
| racial and ethnic     | > procedures designed to prevent the         |
| groups in special     | > inappropriate overidentification or        |
| education and related | > disproportionate representation by race    |
| services that is the  | > and ethnicity of children as children with |
| result of             | > disabilities, including children with      |
| inappropriate         | > disabilities with a particular impairment  |
| identification.       | > as described in 34 CFR §300.8, consistent  |
|                       | > with 20 U.S.C. 1418(d). \[20 U.S.C         |
| > \[20 U.S.C.         | > 1412(a)(24); 34 CFR §300.173\]             |
| > 1416(a)(3)(C)\]     |                                              |
|                       | Evaluation requirements, including           |
| 10\. Percent of       | nondiscriminatory assessment and evaluation. |
| districts with        | \[20 U.S.C. 1414(b)(2) and (3); 34 CFR       |
| disproportionate      | §300.304\]                                   |
| representation of     |                                              |
| racial and ethnic     | Determination of eligibility made by group   |
| groups in specific    | of qualified professionals and parent. \[20  |
| disability categories | U.S.C. 1414(b)(4); 34 CFR §300.306(a)\]      |
| that is the result of |                                              |
| inappropriate         | Child not determined child with a disability |
| identification.       | if determinant factor is lack of appropriate |
|                       | instruction in reading, lack of appropriate  |
| > \[20 U.S.C.         | instruction in math, or limited English      |
| > 1416(a)(3)(C)\]     | proficiency; and if child does not otherwise |
|                       | meet eligibility criteria under 34 CFR       |
|                       | §300.8(a). \[20 U.S.C. 1414(b)(5); 34 CFR    |
|                       | §300.306(b)\]                                |
|                       |                                              |
|                       | In interpreting evaluation data for purpose  |
|                       | of determining if child is a child with a    |
|                       | disability, and educational needs of the     |
|                       | child, public agency must draw upon          |
|                       | information from variety of sources,         |
|                       | including aptitude and achievement tests,    |
|                       | parent input, and teacher recommendations,   |
|                       | as well as information about the child's     |
|                       | physical condition, social or cultural       |
|                       | background, and adaptive behavior; and       |
|                       | ensure that information obtained from all of |
|                       | these sources is documented and carefully    |
|                       | considered. \[\[20 U.S.C. 1414(c); 34 CFR    |
|                       | §300.306(c)\]                                |
|                       |                                              |
|                       | Significant disproportionality \[20 U.S.C.   |
|                       | 1418(d); 34 CFR §300.646\]                   |
|                       |                                              |
|                       | Use of Part B funds for early intervening    |
|                       | services. \[20 U.S.C. 1413(f); 34 CFR        |
|                       | §300.226 and Appendix D\]                    |
+-----------------------+----------------------------------------------+
| 11. Percent of        | **Part B requirements that are the basis for |
|     children who were | compliance Indicator 11:**                   |
|     evaluated within  |                                              |
|     60 days of        | > c\) The initial evaluation\--(1)(i) Must   |
|     receiving         | > be conducted within 60 days of receiving   |
|     parental consent  | > parental consent for the evaluation; or    |
|     for initial       | > (ii) If the State establishes a timeframe  |
|     evaluation or, if | > within which the evaluation must be        |
|     the State         | > conducted, within that timeframe;          |
|     establishes a     | >                                            |
|     timeframe within  | > \(d\) The timeframe described in paragraph |
|     which the         | > (c)(1) of this section does not apply to a |
|     evaluation must   | > public agency if\--(1) The parent of a     |
|     be conducted,     | > child repeatedly fails or refuses to       |
|     within that       | > produce the child for the evaluation; or   |
|     timeframe.        | > (2) A child enrolls in a school of another |
|                       | > public agency after the relevant timeframe |
| > \[20 U.S.C.         | > in paragraph (c)(1) of this section has    |
| > 1416(a)(3)(B)\]     | > begun, and prior to a determination by the |
|                       | > child's previous public agency as to       |
|                       | > whether the child is a child with a        |
|                       | > disability under §300.8.                   |
|                       | >                                            |
|                       | > \(e\) The exception in paragraph (d)(2) of |
|                       | > this section applies only if the           |
|                       | > subsequent public agency is making         |
|                       | > sufficient progress to ensure a prompt     |
|                       | > completion of the evaluation, and the      |
|                       | > parent and subsequent public agency agree  |
|                       | > to a specific time when the evaluation     |
|                       | > will be completed.                         |
|                       | >                                            |
|                       | > \[20 U.S.C. 1414(a)(1)(C), 34 CFR          |
|                       | > §300.301(c), (d), and (e)\]                |
|                       |                                              |
|                       | Requirements for initial evaluations. \[20   |
|                       | U.S.C. 1414(a)(1)(A)-(C); 34 CFR             |
|                       | §300.301(a)-(c)\]                            |
|                       |                                              |
|                       | Child find requirements. \[20 U.S.C 1412     |
|                       | (a)(3); 34 CFR §300.111\]                    |
|                       |                                              |
|                       | Review of existing data as part of initial   |
|                       | evaluation. {20 U.S.C.1414(c); 34 CFR        |
|                       | §300.305(a)\]                                |
+-----------------------+----------------------------------------------+
| 12\. Percent of       | **Part B requirement that is the basis for   |
| children referred by  | compliance Indicator 12:**                   |
| Part C prior to age 3 |                                              |
| and who are found     | > \(1\) Each State must ensure that\--(i)    |
| eligible for Part B   | > The obligation to make FAPE available to   |
| who have an IEP       | > each eligible child residing in the State  |
| developed and         | > begins no later than the child's third     |
| implemented by their  | > birthday; and (ii) An IEP or an IFSP is in |
| third birthdays.      | > effect for the child by that date, in      |
|                       | > accordance with §300.323(b). (2) If a      |
| > \[20 U.S.C.         | > child's third birthday occurs during the   |
| > 1416(a)(3)(B)\]     | > summer, the child's IEP Team shall         |
|                       | > determine the date when services under the |
|                       | > IEP or IFSP will begin. \[20 USC           |
|                       | > 1412(a)(1)(A); 34 CFR §300.101(b)\]        |
|                       |                                              |
|                       | Smooth and effective transition from Part C  |
|                       | to preschool programs. \[[20 U.S.C.          |
|                       | 1412(]{.smallcaps}a[)(9); 34 CFR             |
|                       | §300.124\]]{.smallcaps}                      |
|                       |                                              |
|                       | Invitation for initial IEP meeting to Part C |
|                       | representative. \[20 U.S.C. 1414(d)(1)(D);   |
|                       | 34 CFR §300.321(f)\]                         |
|                       |                                              |
|                       | Use of IFSP for child receiving Part B       |
|                       | services. \[20 U.S.C. 1414(d)(2)(B); 34 CFR  |
|                       | §300.323(b)(1) and (2)\]                     |
+-----------------------+----------------------------------------------+
| 15. General           | **Part B requirement that is the basis for   |
|     supervision       | compliance Indicator 15:**                   |
|     system (including |                                              |
|     monitoring,       | > SEA must ensure that the requirements of   |
|     complaints,       | > Part B are carried out, and each           |
|     hearings, etc.)   | > educational program for children with      |
|     identifies and    | > disabilities in State is under general     |
|     corrects          | > supervision of persons responsible for     |
|     noncompliance as  | > educational programs for children with     |
|     soon as possible  | > disabilities in the SEA; and meets the     |
|     but in no case    | > educational standards of the SEA. \[20     |
|     later than one    | > U.S.C. 1412(a)(11); 34 CFR §300.149(a)\]   |
|     year from         | >                                            |
|     identification.   | > State must have in effect policies and     |
|                       | > procedures to ensure that it complies with |
| > \[20 U.S.C.         | > the monitoring and enforcement             |
| > 1416(a)(3)(B)\]     | > requirements in 34 CFR §§300.600 through   |
|                       | > 300.602 and 300.606 through 300.608. \[20  |
|                       | > U.S.C. 1416; 34 CFR §300.149(b)\]          |
|                       | >                                            |
|                       | > The State must monitor implementation of   |
|                       | > Part B by LEAs; and enforce Part B and     |
|                       | > annually report on performance in          |
|                       | > accordance with 20 U.S.C. 1416(a)(3) and   |
|                       | > (e). \[20 U.S.C. 1416(a)(1)(C); 34 CFR     |
|                       | > §300.600(a)\]                              |
|                       |                                              |
|                       | The provisions of Part B apply to all        |
|                       | political subdivisions of the State that are |
|                       | involved in the education of children with   |
|                       | disabilities including other State agencies  |
|                       | and schools (such as Department of Mental    |
|                       | Health and Welfare and State schools for     |
|                       | children with deafness or children with      |
|                       | blindness) and State and local juvenile and  |
|                       | adult correctional facilities. \[34 CFR      |
|                       | §300.2(b)(1)(iii) and (iv)\]                 |
|                       |                                              |
|                       | Funds paid to a State under Part B must be   |
|                       | expended in accordance with all the          |
|                       | provisions of Part B. Funds paid to a State  |
|                       | under Part B must not be commingled with     |
|                       | State funds. State-level nonsupplanting.     |
|                       | \[20 U.S.C. 1412(a)(17); 34 CFR §300.162\]   |
|                       |                                              |
|                       | Maintenance of State financial support \[20  |
|                       | U.S.C. 1412(a)(18); 34 CFR §300.163\]        |
|                       |                                              |
|                       | LEA eligibility. LEA policies, procedures,   |
|                       | and programs consistent with the State       |
|                       | policies and procedures established under 20 |
|                       | U.S.C. 1412. \[20 U.S.C. 1413(a); 34 CFR     |
|                       | §§300.200 and 300.201\]                      |
|                       |                                              |
|                       | The primary focus of State monitoring        |
|                       | activities shall be on improving educational |
|                       | results and functional outcomes for all      |
|                       | children with disabilities; and ensuring     |
|                       | that public agencies meet the program        |
|                       | requirements under Part B, with a particular |
|                       | emphasis on those requirements that are most |
|                       | closely related to improving educational     |
|                       | results for children with disabilities. \[20 |
|                       | U.S.C. 1416(a)(2); 34 CFR §300.600(b)\]      |
|                       |                                              |
|                       | Each State must monitor the LEAs located in  |
|                       | the State 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: provision of   |
|                       | FAPE in the LRE; State exercise of general   |
|                       | supervisory authority, including child find, |
|                       | effective monitoring, the use of resolution  |
|                       | meetings, mediation, and a system of         |
|                       | transition services as defined in 20 U.S.C.  |
|                       | 1402(34) and 1437(a)(9) and 34 CFR §300.43;  |
|                       | and disproportionate representation of       |
|                       | racial and ethnic groups in special          |
|                       | education and related services, to the       |
|                       | extent the representation is the result of   |
|                       | inappropriate identification. \[20 U.S.C.    |
|                       | 1416(a)(3); §300.600(a) and (c)\]            |
|                       |                                              |
|                       | Each State must submit a State Performance   |
|                       | Plan (SPP). As part of the SPP, each State   |
|                       | must establish measurable and rigorous       |
|                       | targets for the indicators established by    |
|                       | the Secretary under the priority areas.      |
|                       | State must report annually to the public on  |
|                       | the performance of each LEA located in the   |
|                       | State on the targets in the SPP. State must  |
|                       | make SPP available through public means,     |
|                       | including by posting on SEA Web site,        |
|                       | distribution to the media, and distribution  |
|                       | through public agencies. State must not      |
|                       | report to public or the Secretary any        |
|                       | information on performance that would result |
|                       | in disclosure of personally identifiable     |
|                       | information about individual children, or    |
|                       | where available data is insufficient to      |
|                       | yield statistically reliable information.    |
|                       | \[20 U.S.C. 1416(b); 34 CFR §§300.601 and    |
|                       | 300.602\]                                    |
|                       |                                              |
|                       | If an SEA determines that an LEA is not      |
|                       | meeting the requirements of Part B,          |
|                       | including the targets in the SPP, the SEA    |
|                       | must prohibit the LEA from reducing the      |
|                       | LEA\'s maintenance of effort under 20 U.S.C. |
|                       | 1413(a)(2)(C) and 34 CFR §300.203 for any    |
|                       | fiscal year. \[20 U.S.C. 1416(f); 34 CFR     |
|                       | §300.608\]                                   |
|                       |                                              |
|                       | Each State shall provide data each year to   |
|                       | the Secretary of Education and the public on |
|                       | the information required by 20 U.S.C. 1418   |
|                       | at the times specified by the Secretary. The |
|                       | data shall be publicly reported by each      |
|                       | State in a manner that does not result in    |
|                       | the disclosure of data identifiable to       |
|                       | individual children. \[20 U.S.C. 1418(a) and |
|                       | (b)(1); 34 CFR §§300.640 through 300.642\]   |
|                       |                                              |
|                       | The SEA is responsible for State             |
|                       | administration of activities including       |
|                       | services to children with disabilities aged  |
|                       | 3 through 5 inclusive, in accordance with 20 |
|                       | U.S.C. 1419(d) through (g). \[34 CFR         |
|                       | §§300.812 through 300.818\]                  |
|                       |                                              |
|                       | Grantees must monitor grant and subgrant     |
|                       | supported activities to ensure compliance    |
|                       | with applicable Federal requirements and     |
|                       | that performance goals are being achieved.   |
|                       | \[34 CFR §80.40(a) (EDGAR)\]                 |
|                       |                                              |
|                       | In the case of any State which applies,      |
|                       | contracts, or submits a plan for             |
|                       | participation in any applicable program in   |
|                       | which Federal funds are made available for   |
|                       | assistance to LEAs through, or under         |
|                       | supervision of, SEA of that State, State     |
|                       | provides assurances to the Secretary that    |
|                       | State will adopt and use proper methods of   |
|                       | administering each applicable program,       |
|                       | including: monitoring of agencies,           |
|                       | institutions, and organizations responsible  |
|                       | for carrying out each program, and           |
|                       | enforcement of any obligations imposed on    |
|                       | those agencies, institutions, and            |
|                       | organizations under law; providing technical |
|                       | assistance, where necessary, to such         |
|                       | agencies, institutions, and organizations;   |
|                       | encouraging the adoption of promising or     |
|                       | innovative educational techniques by such    |
|                       | agencies, institutions, and organizations;   |
|                       | dissemination throughout the State of        |
|                       | information on program requirements and      |
|                       | successful practices; and correction of      |
|                       | deficiencies in program operations that are  |
|                       | identified through monitoring or evaluation. |
|                       | \[20 U.S.C. 1232d(b)(3) (GEPA)\]             |
+-----------------------+----------------------------------------------+
| 16. Percent of signed | **Part B requirements that are the basis for |
|     written           | compliance Indicator 16:**                   |
|     complaints with   |                                              |
|     reports issued    | > Each SEA shall include in its complaint    |
|     that were         | > procedures a time limit of 60 days after a |
|     resolved within   | > complaint is filed under §300.153 to:      |
|     the 60-day        | > carry out an independent on-site           |
|     timeline or a     | > investigation, if the SEA determines that  |
|     timeline extended | > an investigation is necessary; give the    |
|     for exceptional   | > complainant the opportunity to submit      |
|     circumstances     | > additional information; provide the public |
|     with respect to a | > agency with the opportunity to respond to  |
|     particular        | > the complaint, including at a minimum, at  |
|     complaint, or     | > the discretion of the public agency, a     |
|     because the       | > proposal to resolve the complaint; and an  |
|     parent (or        | > opportunity for a parent who has filed a   |
|     individual or     | > complaint and the public agency to         |
|     organization) and | > voluntarily engage in mediation consistent |
|     the public agency | > with 34 CFR §300.506; review all relevant  |
|     agree to extend   | > information and make an independent        |
|     the time to       | > determination as to whether the public     |
|     engage in         | > agency is violating a requirement of Part  |
|     mediation or      | > B; and issue a written decision to the     |
|     other alternative | > complainant that addresses each allegation |
|     means of dispute  | > in the complaint and contains findings of  |
|     resolution, if    | > facts and conclusion; and the reasons for  |
|     available in the  | > the SEA's final decision. \[34 CFR         |
|     State.            | > §300.152(a)\]                              |
|                       | >                                            |
| > \[20 U.S.C.         | > The procedures must permit an extension of |
| > 1416(a)(3)(B)\]     | > the time limit only if exceptional         |
|                       | > circumstances exist with respect to a      |
|                       | > particular complaint; or the parent (or    |
|                       | > individual organization, if mediation or   |
|                       | > other alternative means of dispute         |
|                       | > resolution is available to the individual  |
|                       | > or organization under State procedures)    |
|                       | > and the public agency involved agree to    |
|                       | > extend the time to engage in mediation or  |
|                       | > to engage in other alternative means of    |
|                       | > dispute resolution, if available in the    |
|                       | > State. \[34 CFR §300.152(b)(1)\]           |
|                       |                                              |
|                       | SEA's complaint procedures must also include |
|                       | procedures for effective implementation of   |
|                       | SEA's final decision, if needed, including   |
|                       | technical assistance activities;             |
|                       | negotiations; and corrective actions to      |
|                       | achieve compliance. \[34 CFR                 |
|                       | §300.152(b)(2)\]                             |
|                       |                                              |
|                       | Procedural safeguards notice to include      |
|                       | explanation of State complaint procedures.   |
|                       | \[34 CFR §300.504(c)(5)\]                    |
|                       |                                              |
|                       | Complaints that must be resolved. \[34 CFR   |
|                       | §300.151(a)\]                                |
|                       |                                              |
|                       | Complaint in which the SEA has found a       |
|                       | failure to provide appropriate services.     |
|                       | \[34 CFR §300.151(b)\]                       |
|                       |                                              |
|                       | Requirements related to complaints and due   |
|                       | process hearings on the same issue. \[34 CFR |
|                       | §300.152(c)\]                                |
|                       |                                              |
|                       | State must resolve complaint alleging public |
|                       | agency's failure to implement a due process  |
|                       | hearing decision. \[34 CFR §300.152(c)(3)\]  |
+-----------------------+----------------------------------------------+
| 17\. Percent of       | **Part B requirements that are the basis for |
| adjudicated due       | compliance Indicator 17:**                   |
| process hearing       |                                              |
| requests that were    | > The public agency must ensure that, not    |
| adjudicated within    | > later than 45 days after the expiration of |
| the 45-day timeline   | > the 30-day period under 34 CFR §300.510(b) |
| or a timeline that is | > or the adjusted time periods described in  |
| properly extended by  | > 34 CFR §300.510(c), a final decision is    |
| the hearing officer   | > reached in the hearing and a copy of the   |
| at the request of     | > decision is mailed to each of the parties. |
| either party or in    | > A hearing or reviewing officer may grant   |
| the case of an        | > specific extensions of time at the request |
| expedited hearing,    | > of either party. \[20 U.S.C.               |
| within the required   | > 1415(f)(1)(B)(ii); 34 CFR §300.515\]       |
| timelines.            |                                              |
|                       | Procedural safeguards notice to include full |
| > \[20 U.S.C.         | explanation of procedural safeguards,        |
| > 1416(a)(3)(B)\]     | including due process complaint procedures.  |
|                       | \[20 U.S.C. 1415(d)(2)(E)(i) and (ii) and    |
|                       | (L); 34 CFR §300.504(c)(5) and (10)\]        |
|                       |                                              |
|                       | Opportunity for parent or public agency to   |
|                       | present and resolve complaints through due   |
|                       | process complaint procedures. \[20 U.S.C.    |
|                       | 1415(b)(6); 34 CFR §§300.504 and             |
|                       | 300.507(a)(1)\]                              |
|                       |                                              |
|                       | Due process procedures. \[20 U.S.C.          |
|                       | 1415(b)(6)-(8), (c)(2), (d), (f), (g), (h)   |
|                       | through (i) and (k); 34 CFR §§300.507        |
|                       | through 300.515, 300.518, and 300.532 and    |
|                       | 300.533.\]                                   |
|                       |                                              |
|                       | Timelines for hearings related to            |
|                       | discipline. \[20 U.S.C. 1415(k)(4)(B) and 34 |
|                       | CFR §300.532(c)(2)\]                         |
+-----------------------+----------------------------------------------+
| 18\. Percent of       | **Indicator 18 is a results indicator**.     |
| hearing requests that |                                              |
| went to resolution    | Resolution session requirements. \[20 U.S.C. |
| sessions that were    | 1415(f)(1)(B); 34 CFR §300.510\]             |
| resolved through      |                                              |
| resolution session    |                                              |
| settlement            |                                              |
| agreements.           |                                              |
|                       |                                              |
| > \[20 U.S.C.         |                                              |
| > 1416(a)(3)(B)\]     |                                              |
+-----------------------+----------------------------------------------+
| 19\. Percent of       | **Indicator 19 is a results indicator**.     |
| mediations held that  |                                              |
| resulted in mediation | Mediation requirements. \[20 U.S.C. 1415(e); |
| agreements.           | 34 CFR §300.506\]                            |
|                       |                                              |
| > \[20 U.S.C.         | Procedural safeguards notice to include full |
| > 1416(a)(3)(B)\]     | explanation of procedural safeguards,        |
|                       | including the availability of mediation.     |
|                       | \[20 U.S.C. 1415(d)(2)(E)(iii); 34 CFR       |
|                       | §300.504(c)(6)\]                             |
+-----------------------+----------------------------------------------+
| > 20\. State reported | **Part B requirements that are the basis for |
| > data (618 and State | compliance Indicator 20:**                   |
| > Performance Plan    |                                              |
| > and Annual          | > Each State shall collect valid and         |
| > Performance Report) | > reliable information as needed to report   |
| > are timely and      | > annually to the Secretary on the           |
| > accurate.           | > indicators established by the Secretary    |
| >                     | > for the SPP described in 20 U.S.C.         |
| > \[20 U.S.C.         | > 1416(a)(3). \[20 U.S.C. 1416(b)(2)(B); 34  |
| > 1416(a)(3)(B)\]     | > CFR §300.601(b)(1)\]                       |
|                       | >                                            |
|                       | > If the Secretary permits States to collect |
|                       | > data on specific indicators through State  |
|                       | > monitoring or sampling, and the State      |
|                       | > collects the data through State monitoring |
|                       | > or sampling, the State must collect data   |
|                       | > on those indicators for each LEA at least  |
|                       | > once during the period of the SPP. \[20    |
|                       | > U.S.C. 1416(b)(2)(B); (34 CFR              |
|                       | > §300.601(b)(2)\]                           |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public. The   |
|                       | SEA must annually report to the Secretary on |
|                       | the information required by 20 U.S.C. 1418   |
|                       | at the times specified by the Secretary.     |
|                       | \[20 U.S.C. 1418(a); 34 CFR §300.640\]       |
+-----------------------+----------------------------------------------+