(a) Pursuant to its general supervisory responsibility, WDE shall ensure that the requirements of the IDEA and federal regulations are carried out and that each school district or public agency implements programs that meet the standards of Wyoming, consistent with 34 C.F.R. § 300.149 and any formally adopted Wyoming policy or procedure.
(b) In accordance with W.S. §§ 21-2-701(a)(1) and 21-2-763 the Department of Health, Developmental Disabilities Division (Division), is assigned responsibility for ensuring the provision of FAPE to preschool children with disabilities. Pursuant to W.S. § 21-2-702, the Division shall be deemed an intermediate educational unit, and as such, shall function as an educational service agency consistent with 34 C.F.R. § 300.12(c). [See 34 C.F.R. § 300.12 and W.S. §§ 21-2-701 through 21-2-703.]
(c) Monitoring focus. WDE shall enforce the requirements of the IDEA and monitor the implementation of these rules by school districts and public agencies in accordance with 34 C.F.R. §§ 300.600 through 300.608 (including the 2008 Amendment and any subsequent amendments). The primary focus of the monitoring activities shall be on: - (i) Improving educational results and functional outcomes for all children with disabilities; and
- (ii) Ensuring that the school districts or public agencies meet the program requirements under Part B of the IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
(d) Priority areas. Consistent with 34 C.F.R. § 300.600(d), WDE shall monitor school districts and public agencies using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure the performance in those areas: - (i) Provision of FARE in the least restrictive environment;
- (ii) Wyoming exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services defined in 34 C.F.R. §§ 300.43 and 300.124.
- (iii) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation involves inappropriate identification, pursuant to data collected in accordance with 34 C.F.R. § 300.646.
(e) Wyoming use of targets. WDE shall use the targets established in Wyoming's performance plan under 34 C.F.R. § 300.601 and the priority areas described in 34 C.F.R. § 300.600(d) to analyze the performance of each school district or public agency.
(f) Public reporting and privacy. Consistent with 34 C.F.R. § 300.602 (including the 2008 Amendment and any subsequent amendments) WDE shall: - (i) Make Wyoming's performance plan, under 34 C.F.R. § 300.601(a) available through public means.
- (ii) Make Wyoming's annual performance report under 34 C.F.R. § 300.602(b)(2) available through public means.
- (iii) Report annually to the public on the performance of each school district or public agency in Wyoming under 34 C.F.R. § 300.602(b)(1)(i)(A).
(g) Determinations. Based on the information provided by school district or public agencies, information obtained through monitoring visits, and any other public information made available, WDE shall determine if the school district or public agency: - (i) Meets the requirements and purposes of Part B of the IDEA;
- (ii) Needs assistance in implementing the requirements of Part B of the IDEA;
- (iii) Needs intervention in implementing the requirements of Part B of the IDEA; or
- (iv) Needs substantial intervention in implementing the requirements of Part B of the IDEA.
(h) Enforcement. WDE shall enforce the requirements of the IDEA using appropriate enforcement mechanisms consistent with 34 C.F.R. §§ 300.600 through 300.606 (including the 2008 Amendment and any subsequent amendments): - (i) Needs assistance. If WDE determines, for two (2) consecutive years, that a school district or public agency needs assistance requirements of Part B of the IDEA, WDE shall take one (1) or more of the following actions:
- (A) Advise the school district or public agency of available sources of technical assistance that may help the school district or public agency address the areas in which it needs assistance. Such technical assistance may include:
- (I) The provision of advice by experts to address the areas in which the school district or public agency needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
- (II) Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;
- (III) Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and
- (IV) 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.
- (B) Direct the use of school district or public agency Part B funds on the area or areas in which it needs assistance.
- (C) Identify the school district or public agency as a high-risk grantee, and impose special conditions on the use of Part B funds by the school district or public agency.
- (ii) Needs intervention. If WDE determines, for three (3) or more consecutive years, that a school district or public agency needs intervention in implementing the requirements of Part B of the IDEA, the following shall apply:
- (A) WDE may take any of the actions described in paragraph (i) above.
- (B) WDE shall take one (1) or more of the following actions:
- (I) Require the school district or public agency to prepare a corrective action plan or improvement plan if WDE determines that the school district or public agency should be able to correct the problem within one (1) year.
- (II) Require the school district or public agency to enter into a compliance agreement if WDE has reason to believe that the school district or public agency cannot correct the problem within one (1) year.
- (III) For each year of the determination, withhold not less than 20% and not more than 50% of the school district's or public agency's IDEA Part B funds until WDE determines that the school district or public agency has sufficiently addressed the areas in which it needs intervention.
- (IV) Seek to recover funds paid to the school district or public agency under Part B of the IDEA consistent with 34 C.F.R. § 300.604(b)(2)(iv).
- (V) Withhold, in whole or in part, any further payments to the school district or public agency made under Part B of the IDEA.
- (VI) Refer the matter for appropriate enforcement action, which may include a referral to the Office of the Wyoming Attorney General or the United States Department of Justice.
- (iii) Needs substantial intervention. Notwithstanding paragraphs (i) and (ii) above, at any time WDE determines that a school district or public agency needs substantial intervention in implementing the requirements of Part B of the IDEA or that there is a substantial failure to comply with any condition of the school district's or public agency's eligibility under Part B of the IDEA, WDE shall take one (1) or more of the following actions:
- (A) Recover IDEA Part B funds consistent with 34 C.F.R. § 300.604(c).
- (B) Withhold, in whole or in part, any further payments to the school district or public agency under Part B of the IDEA.
- (C) Refer the matter for appropriate enforcement action, which may include a referral to the Office of the Wyoming Attorney General or the United States Department of Justice.
- (iv) In exercising its monitoring responsibilities under this section, WDE shall ensure that when it identifies noncompliance with the requirements of IDEA by a school district or public agency, the noncompliance is corrected as soon as possible, and in no case later than one (1) year after WDE's identification of the noncompliance in accordance with 34 G.F.R. § 300.600(e) (including the 2008 Amendment and any subsequent amendments).
- (v) Findings of noncompliance; For the purpose of this section, a finding of noncompliance is a written notification that includes the citation of the statute, regulation, or rule and a description of the quantitative and/or qualitative data supporting the conclusion that there is noncompliance.
- (vi) Correction of noncompliance: WDE must address all noncompliance, whether collected through the on-site monitoring system, other monitoring processes such as self-assessment or desk review of records, Wyoming complaint or due process hearing decisions, or data systems, in an effort to correct noncompliance, WDE may request that the State superintendent take appropriate administrative action with the state board, including but not limited to the changing of accreditation status against any school district or public agency failing to comply with any applicable laws; [See W.S. §§ 21 - 2.202(0) ]
- (vii) Opportunity for hearing. Prior to withholding any funds under Part B of the IDEA, WDE shall provide reasonable notice and an opportunity for hearing in accordance with 34 C.F.R. §§ 300.155, 300.221 and 300.222.