14 Del. Admin. Code § 923-49.0 - DOE Responsibility for General Supervision of Procedural Safeguards

49.1 The DOE shall ensure that the requirements of these regulations are carried out; and that each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency is under the general supervision of the DOE; and meets the educational standards of the DOE (including the requirements of these regulations).

49.2 In carrying out these regulations with respect to homeless children, the DOE shall ensure that the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met.

49.3 The State may carry out its General Supervisory responsibilities through any mechanism or procedure provided in these regulations or other applicable State or federal law, including, but not limited to, subsection 49.5 of this regulation and 14 DE Admin. Code 927 and 928.

49.4 Part B of the Act and these regulations do not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.

49.5 In addition to any other authority available under these regulations or State law, DOE may use any of the following activities and mechanisms to identify and correct noncompliance and to document and exercise its general supervisory responsibilities: interagency agreements; compliance monitoring; dispute resolution systems (due process hearings, state complaints and mediation); general project coordination and contracting; specific program evaluations; personnel systems; public dissemination of information; and financial and administrative audits and reporting.

49.5.1 Compliance monitoring: DOE may use any reasonable method to collect, analyze and verify information to monitor compliance with Part B and these regulations.

49.5.1.1 Monitoring methods may include, but are not limited to, use of offsite review, on site review, letters of inquiry, and follow up and verification of specific activities.

49.5.1.2 Potential noncompliance may be identified from any generally reliable source of information, including but not limited to, complaints, hearings and court decisions, evaluation and performance reports, and other formally submitted documents to determine if agencies and programs are in need of specific compliance interventions.

49.5.1.3 DOE shall document its monitoring activity through correspondence and reports.

49.5.1.4 DOE shall notify a public agency in writing when it identifies noncompliance. The notice shall describe each corrective action which shall be taken, including a reasonable time frame for submission of a corrective action plan, and require that the corrective action plan provide for: the immediate discontinuance of the violation; the prevention of the occurrence of any future violation; documentation of the initiation and completion of actions to achieve current and future compliance; the timeframe for achieving full compliance; and the description of actions the agency shall take to remedy the identified areas of noncompliance.

49.5.1.5 Within 60 days of receiving a corrective action plan, DOE shall determine whether the plan meets each of the requirements of the preceding paragraph, or if additional information is required from the agency, and notify the agency accordingly

49.5.1.6 In all events, noncompliance shall be corrected within 1 year of the date DOE identifies the noncompliance.

49.5.2 Enforcement: DOE shall have the authority to enforce legal obligations under these regulations, and to compel the correction of deficiencies in program operations and other identified noncompliance. DOE may enforce its authority by any mechanism available under State or federal law and these regulations, including but not limited to, directing public agencies to correct noncompliance; imposing specific conditions on funding; imposing appropriate sanctions for failing or refusing to correct noncompliance; and withholding funding in whole or part.

49.5.3 DOE shall distribute these regulations, required and model forms, guidance, and letters of general notification to all public and private agencies providing services to children with disabilities. DOE shall determine the method of dissemination, which may include regular mail, electronic mail, website postings and distribution at State or county meetings.

(Authority: 20 U.S.C. 1412(a)(11); 1416; 14 Del.C. § 3110)

Notes

14 Del. Admin. Code § 923-49.0

14 DE Reg. 1057 (04/01/11)
26 DE Reg. 843 (4/1/2023) (Final)