Family & Community Special Communities
Special Education

Accountability and Technical Assistance in the Area of Special Education

I write to inform you of some enhancements to our accountability and targeted assistance systems in regard to students with disabilities. A new requirement from the U.S. Office of Special Education Programs (OSEP) presents us with an opportunity to coordinate our NCLB accountability work with determinations of the need for assistance in the area of special education. I have copied this memorandum to Principals and to Administrators of Special Education and I encourage you to discuss this information with them.

OSEP is required under the Individuals with Disabilities Education Act (IDEA-2004) to make overall determinations for each state as to whether the state "meets requirements," "needs assistance," "needs intervention," or "needs substantial intervention" in the area of special education.¹ OSEP considers information regarding outcome indicators, such as graduation and dropout rates, as well as compliance with federal special education laws and regulations in making these determinations. In addition, OSEP will take into consideration if the state is taking appropriate steps to correct identified non-compliance in a timely manner. OSEP will use primarily the outcome and compliance indicator information collected and reported under Massachusetts' special education State Performance Plan (SPP).² Massachusetts will post on its website its special education determination from OSEP³ as soon as it is received.

States are required, in turn, to make similar determinations for each school district annually. The definition for these determination levels is left to the states, within some limits. Massachusetts has chosen to link its special education determinations to the student performance indicators used in determining accountability under the No Child Left Behind Act (NCLB). Therefore, we will use the Adequate Yearly Progress (AYP) Reports⁴ and accompanying accountability status to make these overall determinations of special education needs for technical assistance or intervention for each district. Details on these determinations and their relation to AYP Reports are provided in the two-page document accompanying this memorandum. Districts should review their accountability status (at the website provided in footnote #4) as a guide to the district's special education determination. This memorandum and the accompanying detail serve as notice to districts of their status for the 2006-07 school year. Any needed technical assistance or intervention action will take place in the 2007-08 school year. The Department will contact districts in this regard during the 2007-08 school year.

Additionally, the Department may require corrective action related to special education compliance if any non-compliance in the area of special education is identified, regardless of AYP Report results. Further, the determination that a district "needs substantial intervention" in special education is based solely upon findings of egregious non-compliance in that area. Districts will receive individual letters if they are identified to need substantial intervention.

We hope this initiative to coordinate the NCLB and special education systems will result in more effective and targeted technical assistance to districts and help you provide students with disabilities the support that they need to perform at the highest levels.

Thank you for your attention to this memorandum and for your work on behalf of students with disabilities.

¹ As required by Section 616(b)(1)(A) and 642 of the Individuals with Disabilities Education Act.

² Found at: http://www.doe.mass.edu/sped/spp/

³ OSEP's criteria are available at: http://www.rrcprogram.org/images/stories/FRC/spp_mat/nac_materials/616 determinations.doc Massachusetts' special education determination from OSEP will be posted at: http://www.doe.mass.edu/sped/

⁴ Found at: http://www.doe.mass.edu/sda/ayp/cycleIV/