State Identification and Correction of Noncompliance
Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.
Letter to Heather S. Deaton
May 19, 2015
TOPIC: State Identification and Correction of Noncompliance
Letter regarding a state educational agency’s (SEA) duty to ensure the correction of noncompliance when the SEA has issued findings related to a state complaint and subsequently the same issues are part of a due process hearing request. Specifically, whether the SEA remains obligated to require the school district to submit the improvement plan or must the SEA set aside its findings of noncompliance pending the outcome of the due process hearing.