20 U.S.C. § 1416: Monitoring, technical assistance, and enforcement

oversight of the exercise of general supervision by the States, as required in section 1412(a)(11) of this title ; and the State performance plans, described in subsection (b); enforce this subchapter in accordance with subsection (e); and monitor implementation of this subchapter by local educational agencies; and enforce this subchapter in accordance with paragraph (3) and subsection (e). improving educational results and functional outcomes for all children with disabilities; and ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities. Provision of a free appropriate public education in the least restrictive environment. State exercise of general supervisory authority, including child find, effective monitoring, the use of resolution sessions, mediation, voluntary binding arbitration, and a system of transition services as defined in sections 1401(34) and 1437(a)(9) of this title. Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification. The Secretary shall consider other relevant information and data, including data provided by States under section 1418 of this title . Not later than 1 year after December 3, 2004 , each State shall have in place a performance plan that evaluates that State’s efforts to implement the requirements and purposes of this subchapter and describes how the State will improve such implementation. Each State shall submit the State’s performance plan to the Secretary for approval in accordance with the approval process described in subsection (c). Each State shall review its State performance plan at least once every 6 years and submit any amendments to the Secretary. As a part of the State performance plan described under paragraph (1), each State shall establish measurable and rigorous targets for the indicators established under the priority areas described in subsection (a)(3). Each State shall collect valid and reliable information as needed to report annually to the Secretary on the priority areas described in subsection (a)(3). Nothing in this chapter shall 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 this subchapter. The State shall use the targets established in the plan and priority areas described in subsection (a)(3) to analyze the performance of each local educational agency in the State in implementing this subchapter. The State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State’s performance plan. The State shall make the State’s performance plan available through public means, including by posting on the website of the State educational agency, distribution to the media, and distribution through public agencies. The State shall report annually to the Secretary on the performance of the State under the State’s performance plan. The State shall 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 is insufficient to yield statistically reliable information. The Secretary shall review (including the specific provisions described in subsection (b)) each performance plan submitted by a State pursuant to subsection (b)(1)(B) and the plan shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan does not meet the requirements of this section, including the specific provisions described in subsection (b). The Secretary shall not finally disapprove a performance plan, except after giving the State notice and an opportunity for a hearing. give the State notice and an opportunity for a hearing; and cite the specific provisions in the plan that do not meet the requirements; and request additional information, only as to the provisions not meeting the requirements, needed for the plan to meet the requirements of this section. the expiration of the 30-day period beginning on the date on which the plan is resubmitted; or the expiration of the 120-day period described in paragraph (1). If the State does not respond to the Secretary’s notification described in paragraph (3)(B) during the 30-day period beginning on the date on which the State received the notification, such plan shall be deemed to be disapproved. The Secretary shall annually review the State performance report submitted pursuant to subsection (b)(2)(C)(ii)(II) in accordance with this section. meets the requirements and purposes of this subchapter; needs assistance in implementing the requirements of this subchapter; needs intervention in implementing the requirements of this subchapter; or needs substantial intervention in implementing the requirements of this subchapter. For determinations made under clause (iii) or (iv) of subparagraph (A), the Secretary shall provide reasonable notice and an opportunity for a hearing on such determination. the provision of advice by experts to address the areas in which the State needs assistance, including explicit plans for addressing the area for concern within a specified period of time; assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research; designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under subchapter IV, and private providers of scientifically based technical assistance. Direct the use of State-level funds under section 1411(e) of this title on the area or areas in which the State needs assistance. Identify the State as a high-risk grantee and impose special conditions on the State’s grant under this subchapter. The Secretary may take any of the actions described in paragraph (1). Require the State to prepare a corrective action plan or improvement plan if the Secretary determines that the State should be able to correct the problem within 1 year. Require the State to enter into a compliance agreement under section 457 of the General Education Provisions Act [ 20 U.S.C. 1234f ], if the Secretary has reason to believe that the State cannot correct the problem within 1 year. For each year of the determination, withhold not less than 20 percent and not more than 50 percent of the State’s funds under section 1411(e) of this title , until the Secretary determines the State has sufficiently addressed the areas in which the State needs intervention. Seek to recover funds under section 452 of the General Education Provisions Act [ 20 U.S.C. 1234a ]. Withhold, in whole or in part, any further payments to the State under this subchapter pursuant to paragraph (5). Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice. Recover funds under section 452 of the General Education Provisions Act [ 20 U.S.C. 1234a ]. Withhold, in whole or in part, any further payments to the State under this subchapter. Refer the case to the Office of the Inspector General at the Department of Education. Refer the matter for appropriate enforcement action, which may include referral to the Department of Justice. Prior to withholding any funds under this section, the Secretary shall provide reasonable notice and an opportunity for a hearing to the State educational agency involved. Pending the outcome of any hearing to withhold payments under subsection (b), the Secretary may suspend payments to a recipient, suspend the authority of the recipient to obligate funds under this subchapter, or both, after such recipient has been given reasonable notice and an opportunity to show cause why future payments or authority to obligate funds under this subchapter should not be suspended. The Secretary shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate within 30 days of taking enforcement action pursuant to paragraph (1), (2), or (3), on the specific action taken and the reasons why enforcement action was taken. that such withholding will be limited to programs or projects, or portions of programs or projects, that affected the Secretary’s determination under subsection (d)(2); or that the State educational agency shall not make further payments under this subchapter to specified State agencies or local educational agencies that caused or were involved in the Secretary’s determination under subsection (d)(2). payments to the State under this subchapter shall be withheld in whole or in part; and payments by the State educational agency under this subchapter shall be limited to State agencies and local educational agencies whose actions did not cause or were not involved in the Secretary’s determination under subsection (d)(2), as the case may be. Any State that has received notice under subsection (d)(2) shall, by means of a public notice, take such measures as may be necessary to bring the pendency of an action pursuant to this subsection to the attention of the public within the State. If any State is dissatisfied with the Secretary’s action with respect to the eligibility of the State under section 1412 of this title , such State may, not later than 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings upon which the Secretary’s action was based, as provided in section 2112 of title 28 . Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 . The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall be conclusive if supported by substantial evidence. If a State educational agency determines that a local educational agency is not meeting the requirements of this subchapter, including the targets in the State’s performance plan, the State educational agency shall prohibit the local educational agency from reducing the local educational agency’s maintenance of effort under section 1413(a)(2)(C) of this title for any fiscal year. Nothing in this section shall be construed to restrict the Secretary from utilizing any authority under the General Education Provisions Act [ 20 U.S.C. 1221 et seq.] to monitor and enforce the requirements of this chapter. any reduction or withholding of payments to the State shall be proportionate to the total funds allotted under section 1411 of this title to the State as the number of eligible children with disabilities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the State educational agency; and any withholding of funds under paragraph (1) shall be limited to the specific agency responsible for the failure to comply with this subchapter. review the data collection and analysis capacity of States to ensure that data and information determined necessary for implementation of this section is collected, analyzed, and accurately reported to the Secretary; and provide technical assistance (from funds reserved under section 1411(c) of this title ), where needed, to improve the capacity of States to meet the data collection requirements.