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Local Education Agency Determination

State's Review and §616 Determination Criteria for Local Education Agencies (LEA)

Pursuant to the Individuals with Disabilities Education Act, 2004 (IDEA 2004) Section 616(a)(1)(C)(i) and 34 CFR §300.608(a), states are required to make “Determinations” annually under Section 616(d) on the performance of LEAs’ programs for students with disabilities. In making such Determinations, the State will assign an LEA one of the following Determination levels:

• Meets the requirements
  
• Needs assistance
  
• Needs intervention
  
• Needs substantial intervention

Determination Criteria

Federally Required Elements
States must consider the following four federally required elements in assigning a Determination level for LEAs:

1. Performance on compliance indicators 9, 10, 11, 12, and 13 in the State Performance Plan (SPP);
   
2. Whether data submitted by LEAs is valid, reliable, and timely;
   
3. Uncorrected noncompliance from other sources (complaints resolution, due process, residential facility monitoring and monitoring activities); and
   
4. Any audit findings.

State Defined Elements
States may choose to define additional elements in making determinations. In order to more accurately reflect LEA performance as indicated by data results, the TEA has incorporated the following state defined element:

5. Performance-Based Monitoring (PBM) Program Effectiveness (stage of intervention for the special education program area)

2010 LEA Determinations Guidance
This resource provides an explanation of the Determination levels and specific enforcement actions based on the assigned level. Also included is information about the Appeals Process for LEAs that are assigned "Needs Intervention" and "Needs Substantial Intervention."

Appeals Process

If an LEA believes a specific data element reviewed in the determination process is inaccurate, the LEA may appeal an assigned Determination Level. However, only LEAs assigned a Determination Level of Needs Intervention or Needs Substantial Intervention may appeal. An LEA must make an appeal within 30 calendar days of the date on the Determination Level Notification letter. The request for appeal must include the submission of all information necessary for TEA to reconsider the original Determination status assignment. The TEA will acknowledge receipt of the request for appeal and a Determination Status Appeal Response letter when the review is completed.

LEAs that are eligible to appeal must include in their request a contact person’s name, email, phone number, and the superintendent’s name and signature. The completed form should be sent to the following address:

Determination Status Appeal
Texas Education Agency
Division of IDEA Coordination
1701 N. Congress
Austin, Texas 78701

The TEA will send an acknowledgement of receipt of the appeal request to the email address provided in the letter. TEA staff will not contact districts for additional information if the documentation provided with the request for appeal is insufficient. The TEA will evaluate the appeal based on information provided in the appeal request form. TEA will not consider any appeal received after the 30-calendar day timeframe.

Special Education Main Page

Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560

Last Updated: June 30, 2010 | Created: June 11, 2007

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