Under the federal Individuals with Disabilities Education Act (IDEA),1 the Massachusetts Department of Elementary and Secondary Education (the Department) must make annual determinations regarding Local Education Agencies' (LEA) specific needs for technical assistance or intervention in special education.2 Massachusetts does so based on four categories:
In making the 2023-2024 LEA determinations, the Department assessed LEAs' performance and compliance data,3 including data from the general Accountability and Assistance System, Tiered Focused Monitoring process, State complaints, State Performance Plan/Annual Performance Reports, and other data available to the State about the LEA's compliance with IDEA. Changes were made to the rubric this year to align it with the U.S. Department of Education's Office of Special Education and Rehabilitative Services Memo 23-01: State General Supervision Responsibilities Under Parts B and C of the IDEA.
The Department supports all districts assigned the NA, NI, or NSI determination by offering targeted and technical assistance related to special education. Coordinated assistance and intervention are available from multiple offices including, the Special Education Planning and Policy office (SEPP), Office of Public School Monitoring (PSM), Statewide System of Support (SSOS), Office of School Turnaround (OST), and Office of Charter Schools & School Redesign (CSSRD). Assistance will be tailored to meet an LEA's needs, depending on the reasons for which an LEA was identified as needing technical assistance or intervention. The Department will communicate directly with LEAs about this assistance and intervention. In many cases, LEAs are already engaged in accountability and assistance activities with the Department this year; therefore, special education improvement activities may be directed by the Department in collaboration with the LEAs' existing accountability and assistance liaisons to ensure there is a coordinated approach to providing LEAs with technical assistance and intervention.
As described in the rubric below, final LEA determinations reflect both performance and compliance in special education. This year, the 5-Year Cohort Graduation rate and Least Restrictive Environment (Indicators 5 and 6) continue to be prioritized by the Department and are weighted x1.5 and x2.0 respectively. Additionally, points for Problem Resolution System Findings were combined with Public School Monitoring Findings into two categories: Identification of Non-Compliance and Timely Submission/Verified Correction of Non-Compliance and are calculated per 1000 students with disabilities.
Calculation
(Sum of points earned across all categories with reportable data) ÷ (Total Number of Possible Points in Categories with Reportable Data) = LEA Determination percentage
Meets Requirements (MR)
The Department will not be providing targeted technical assistance or intervention to these LEAs based on the LEA determination.
Needs Assistance (NA)
The Department will provide targeted technical assistance to these LEAs based on this annual LEA determination. Targeted assistance related to identified areas of need may include:
In addition, all LEAs with a determination of NA are prohibited from using the flexibility available under the Maintenance of Effort5 provisions of IDEA. LEAs with this determination are encouraged to engage in improvement activities to address areas of need as identified by the data used in the determination.
Needs Intervention (NI)
The Department will provide targeted intervention to these LEAs based on this annual LEA determination. Targeted interventions related to identified areas of need may include those interventions for LEAs with a Needs Assistance determination. NI LEAs are directed to use a portion of the funds made available under IDEA Part B special education Fund Code 240 and Fund Code 262 for the improvement of performance issues identified through the LEA determination system, i.e., Making Money Matter (M3). Also, all LEAs with a determination of NI are prohibited from using the flexibility available under the Maintenance of Effort (MOE) provisions of IDEA.
Additionally, most LEAs with a determination of NI currently receive support from one of the Department's accountability offices including, SSoS, OST, or CSSRD. Therefore, an LEA determination liaison, will coordinate with LEAs' current assistance liaison to promote a coordinated approach to providing LEAs with technical assistance and intervention regarding special education. An LEA determination liaison will meet with each LEA to review the district's rubric data and to develop a plan for providing targeted and technical assistance for special education.
Needs Substantial Intervention (NSI)
The Department will provide targeted intervention to any LEAs with a determination of NSI. The Department may also take any other enforcement activity determined to be required, including all activities identified for other determination levels as well as:
In addition, all LEAs identified with a determination of NSI are prohibited from using the flexibility available under the Maintenance of Effort (MOE) provisions of IDEA.
A list of LEAs' 2023-2024 special education accountability and assistance level is available on the Department's website. Please see the Frequently Asked Questions about LEA Determinations of Need for Special Education Technical Assistance or Intervention for questions about LEA determinations and Department contact information.
1 As required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 —et seq.
2 The term local education agency (LEA) includes school districts composed of single schools such as charter or regional vocational high schools.
3 An LEA must meet state and federal special education requirements and, if any specific areas of non-compliance with special education requirements are identified, the LEA must engage in corrective action(s), regardless of the accountability or special education determination levels.
4 The TFM tiers and activities are described here: Public School Tiered Focused Monitoring System, and in the Tiered Focused Monitoring Toolkit .
5 34 C.F.R. §§ 300.203-300.208 and Appendix E.
Last Updated: January 25, 2024
Massachusetts Department of Elementary and Secondary Education 135 Santilli Highway, Everett, MA 02149
Voice: (781) 338-3000 TTY: (800) 439-2370
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