For the first time, the U.S. Department of Education has issued determination letters on implementation of the Individuals with Disabilities Education Act (IDEA) to each state education agency for Part B and to each lead agency for Part C. The determinations, required under the statute, are part of the on-going efforts to improve results for children and youth with disabilities.

As amended in 2004, the IDEA requires the Secretary of Education to make an annual determination as to whether each state is meeting the requirements of the statute. Under the IDEA each state is required to have in place a State Performance Plan (SPP) that evaluates the state’s efforts to implement the requirements and purposes of Parts B or C of the IDEA, and describes how the state will improve its implementation of these programs. Each state must then submit an Annual Performance Report (APR) detailing its progress in meeting the targets it established in its SPP.

The Department approved states’ SPPs in 2006 and States submitted their first APRs under the SPPs in February of 2007. The letters the Department issued announce and explain the first determinations made under these new requirements of the IDEA.

Meets the requirements and purposes of the IDEA

Needs assistance in implementing the requirements of the IDEA

Needs intervention in implementing the requirements of the IDEA

Needs substantial intervention in implementing the requirements of the IDEA

For each compliance indicator in the APR, whether the state demonstrated compliance or that it corrected noncompliance in a timely manner, or if it did not demonstrate compliance, nonetheless had made progress in ensuring compliance over prior performance in that area. For all indicators in the SPP and APR, whether the state provided valid and reliable FFY 2005 data that reflected the measurement for the indicator. Whether the state had other IDEA compliance issues that had been identified in the Department’s monitoring, audit or other activities, and the state’s progress in resolving those problems.

The IDEA identifies specific technical assistance or enforcement actions aligned with each of the determinations, with the exception of “Meets Requirements” that the Department must take under specific circumstances. These actions are consistent with the level of concern signaled by the determination, however, consistent with the IDEA, none of the enforcement actions will be applied to states this year.

Copies of the determination letters for each state will be available on Part B at:

and, for Part C:

PART B DETERMINATIONS

Meets Requirements

Alaska, Connecticut, Hawaii, Michigan, Oregon, Pennsylvania, Tennessee, Virginia, Wyoming

Needs Assistance

Alabama, American Samoa, Arizona, Arkansas, Bureau of Indian Affairs, California, Delaware, Florida, Georgia, Guam, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Palau, Republic of the Marshall Islands, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, West Virginia, Wisconsin

Needs Intervention

Colorado, Commonwealth of the Northern Marianas Islands, Washington, DC, Federated States of Micronesia, Indiana, North Carolina, North Dakota, Puerto Rico, Virgin Islands, Washington

Needs Substantial Intervention

None

PART C DETERMINATIONS:

Meets Requirements

Alabama, Alaska, Connecticut, Commonwealth of the Northern Marianas Islands, Iowa, Maryland, Montana, Nebraska, Oklahoma, Oregon, South Dakota, Texas, Utah, West Virginia, Wyoming

Needs Assistance

American Samoa, Arkansas, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, North Carolina, Pennsylvania, Puerto Rico, Vermont, Virginia, Virgin Islands, Washington, Wisconsin

Needs Intervention

Arizona, California, Colorado, Washington, DC, Kentucky, Maine, Michigan, Minnesota, Nevada, New Mexico, New York, North Dakota, Ohio, Rhode Island, South Carolina, Tennessee

Needs Substantial Intervention

None