14 Del. Admin. Code § 927-4.0 - Enforcement of Determination Findings

4.1 Needs assistance: If the DOE determines, for two consecutive years, that an LEA needs assistance in implementing the requirements of Part B of the Act and these regulations, the DOE shall takeone or more of the following actions:

4.1.1 Advise the LEA of available sources of technical assistance that may help the LEA address the areas in which the LEA needs assistance, which may include assistance from the DOE, other State agencies, Federal agencies, technical assistance providers, and state and federal nonprofit agencies, and require the LEA to work with appropriate entities. Such technical assistance may include:

4.1.1.1 The provision of advice by experts to address the areas in which the LEA needs assistance, including explicit plans for addressing the area for concern within a specified period of time;

4.1.1.2 Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;

4.1.1.3 Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and

4.1.1.4 Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance, and private providers of scientifically based technical assistance.

4.1.2 Direct the use of LEA sub grants under Section 611(f) of the Act on the area or areas in which the LEA needs assistance.

4.1.3 Identify the LEA as a high-risk grantee and impose special conditions on the LEA's sub grantunder Part B of the Act.

4.2 Needs intervention: If the DOE determines, for three or more consecutive years, that an LEA needs intervention in implementing the requirements of Part B of the Act and these regulations, the following shall apply:

4.2.1 The DOE may take any of the actions described in 4.1.

4.2.2 The DOE shall take one or more of the following actions:

4.2.2.1 Require the LEA to prepare a corrective action plan or improvement plan if the DOE determines that the LEA should be able to correct the problem within one year.

4.2.2.2 Require the LEA to enter into a compliance agreement with the DOE if the DOE has reason to believe that the LEA cannot correct the problem within one year. The compliance agreement shall be developed in accordance with the standards in the federal General Education Provisions Act, 20 U.S.C. § 1234 f, to the extent practicable. Any hearing held as part of the development of a compliance agreement shall be conducted in accordance with Delaware Department of Education's "Hearing Procedures and Rules" as from time to time amended.

4.2.2.3 For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the LEA's sub grant under section 611(f) of the Act, until the DOE determines the LEA has sufficiently addressed the areas in which the LEA needs intervention.

4.2.2.4 Seek to recover funds in any manner available under state or federal law. Prior to taking any action to recover funds, DOE will provide reasonable written notice of the proposed action and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education's "Hearing Procedures and Rules" as from time to time amended.

4.2.2.5 Withhold, in whole or in part, any further payments to the LEA under Part B of the Act.

4.2.2.6 Refer the matter for any other appropriate enforcement action.

4.3 Needs substantial intervention: Notwithstanding any provision in 4.1 or 4.2 to the contrary, at any time that the DOE determines that an LEAneeds substantial intervention in implementing the requirements of Part B of the Act, or that there is a substantial failure to comply with any condition of the LEA's eligibility under Part B of the Act, the DOE shall take one or more of the following actions:

4.3.1 Seek to recover funds in any manner available under state or federal law. Prior to taking any action to recover funds, DOE will provide reasonable written notice of the proposed action and an opportunity for a hearing to the LEA involved. The hearing shall be conducted in accordance with Delaware Department of Education's "Hearing Procedures and Rules" as from time to time amended.

4.3.2 Withhold, in whole or in part, any further payments to the LEA under Part B of the Act.

4.3.3 Refer the case to any other appropriate state or federal agency.

4.3.4 Refer the matter for any other appropriate enforcement action.

(Authority: 20 U.S.C. 1416(e)(1) -(e) ( 3), (e)( 5); 14 Del.C. §§ 122 and 3110)

Notes

14 Del. Admin. Code § 927-4.0