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Notes

34 C.F.R. §§ 303.700–303.702

3 sections in range

§303.700. State monitoring and enforcement.

34 C.F.R. § 303.700

(a)
The lead agency must—
(1)
Monitor the implementation of this part;
(2)
Make determinations annually about the performance of each EIS program using the categories identified in § 303.703(b);
(3)
Enforce this part consistent with § 303.704, using appropriate enforcement mechanisms, which must include, if applicable, the enforcement mechanisms identified in § 303.704(a)(1) (technical assistance) and § 303.704(a)(2) (imposing conditions on the lead agency's funding of an EIS program or, if the lead agency does not provide part C funds to the EIS program, an EIS provider), § 303.704(b)(2)(i) (corrective action or improvement plan) and § 303.704(b)(2)(iv) (withholding of funds, in whole or in part by the lead agency), and § 303.704(c)(2) (withholding of funds, in whole or in part by the lead agency); and
(4)
Report annually on the performance of the State and of each EIS program under this part as provided in § 303.702.
(b)
The primary focus of the State's monitoring activities must be on—
(1)
Improving early intervention results and functional outcomes for all infants and toddlers with disabilities; and
(2)
Ensuring that EIS programs meet the program requirements under part C of the Act, with a particular emphasis on those requirements that are most closely related to improving early intervention results for infants and toddlers with disabilities.
(c)
As a part of its responsibilities under paragraph (a) of this section, the State must use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in paragraph (d) of this section, and the indicators established by the Secretary for the State performance plans.
(d)
The lead agency must monitor each EIS program 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 those areas:
(1)
Early intervention services in natural environments.
(2)
State exercise of general supervision, including child find, effective monitoring, the use of resolution sessions (if the State adopts part B due process hearing procedures under § 303.430(d)(2)), mediation, and a system of transition services as defined in section 637(a)(9) of the Act.
(e)
In exercising its monitoring responsibilities under paragraph (d) of this section, the State must ensure that when it identifies noncompliance with the requirements of this part by EIS programs and providers, the noncompliance is corrected as soon as possible and in no case later than one year after the State's identification of the noncompliance.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.701. State performance plans and data collection.

34 C.F.R. § 303.701

(a)
General. Each State must have in place a performance plan that meets the requirements described in section 616 of the Act; is approved by the Secretary; and includes an evaluation of the State's efforts to implement the requirements and purposes of part C of the Act, a description of how the State will improve implementation, and measurable and rigorous targets for the indicators established by the Secretary under the priority areas described in § 303.700(d).
(b)
Review of State performance plan. Each State must review its State performance plan at least once every six years and submit any amendments to the Secretary.
(c)
Data collection.
(1)
Each State must collect valid and reliable information as needed to report annually to the Secretary under § 303.702(b)(2) on the indicators established by the Secretary for the State performance plans.
(2)
If the Secretary permits States to collect data on specific indicators through State monitoring or sampling, and the State collects data for a particular indicator through State monitoring or sampling, the State must collect and report data on those indicators for each EIS program at least once during the six-year period of a State performance plan.
(3)
Nothing in part C of the Act or these regulations may be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under part C of the Act.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.702. State use of targets and reporting.

34 C.F.R. § 303.702

(a)
General. Each State must use the targets established in the State's performance plan under § 303.701 and the priority areas described in § 303.700(d) to analyze the performance of each EIS program in implementing part C of the Act.
(b)
Public reporting and privacy.
(1)
Public report.
(i)
Subject to paragraph (b)(1)(ii) of this section, the State must—
(A)
Report annually to the public on the performance of each EIS program located in the State on the targets in the State's performance plan as soon as practicable but no later than 120 days following the State's submission of its annual performance report to the Secretary under paragraph (b)(2) of this section; and
(B)
Make the State's performance plan under § 303.701(a), annual performance reports under paragraph (b)(2) of this section, and the State's annual reports on the performance of each EIS program under paragraph (b)(1)(i)(A) of this section available through public means, including by posting on the Web site of the lead agency, distribution to the media, and distribution to EIS programs.
(ii)
If the State, in meeting the requirements of paragraph (b)(1)(i)(A) of this section, collects data through State monitoring or sampling, the State must include in its public report on EIS programs under paragraph (b)(1)(i)(A) of this section the most recently available performance data on each EIS program and the date the data were collected.
(2)
State performance report. The State must report annually to the Secretary on the performance of the State under the State's performance plan.
(3)
Privacy. The State must not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children, or where the available data are insufficient to yield statistically reliable information.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.