This week, the U.S. Department of Education issued guidance to State Educational Agencies (SEAs), including the Wisconsin Department of Public Instruction, for implementing a “general supervision system” against local educational agencies (LEAs), including Wisconsin school districts, under the Individuals with Disabilities Education Act (IDEA). 

According to DOE, “a reasonably designed State general supervision system” should include:

“1) Integrated monitoring activities;

2) Data on processes and results;

3) The State Performance Plans/Annual Performance Report (a report submitted to the DOE that evaluates the state’s efforts to implement the requirements and purposes of the IDEA and describes how the state will improve its implementation);

4) Fiscal management;

5) Effective dispute resolution;

6) Targeted technical assistance and professional development;

7) Policies, procedures, and practices resulting in effective implementation; and

8) Improvement, correction, incentives, and sanctions.” (See Question A-2)

The guidance also requires DPI and other SEAs to address and respond to any “areas of concern” arising from integrated monitoring activities, data reviews, grant reviews, stakeholder calls, media reports, dispute resolution systems, or other mechanisms that relate to IDEA implementation. (See Question B-1). If DPI finds a school district is anything less than 100% compliant with the IDEA, DPI must issue a finding and require correction of the noncompliance. (See Questions B-5 and B-8).

According to DOE, “This standard is a change from OSEP’s previous guidance because OSEP’s monitoring has found insufficient policies and procedures and evidence that States are ensuring overall correction of child-specific noncompliance.” The guidance specifically states, “States and their LEAs or early intervention service (EIS) programs or providers must demonstrate that they verified correction of each individual case of the previously noncompliant files or records, rather than using a subset of such records.” (See Question B-15.)

Buelow Vetter will continue to monitor developments related to this guidance and provide further updates.

If you have any questions about this Legal Update, please contact Attorney Renae Waterman Aldana at 414-378-0012 or raldana@buelowvetter.com, or Attorney Emily Turzinski at 262-364-0268 eturzinski@buelowvetter.com, or your Buelow Vetter attorney.