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Special Education and Support Services

State Education Agency (SEA) Determination Information Received

The Illinois State Board of Education received its State Education Agency (SEA) Determination letter on the implementation of the Individuals with Disabilities Education Act (IDEA) from the U.S. Department of Education, Office of Special Education Programs (OSEP). Illinois was placed in the “Needs Assistance” category with several other states. In the determination letter, Illinois was commended for achieving high levels of compliance for State Performance Plan (SPP) Indicators 9 (disproportionate representation in special education), 10 (disproportionate representation in specific disability categories), 11 (child find timelines), 12 (early childhood transition), 16 (compliant timelines), 17 (due process hearing timelines) and 20 (timely and valid data submissions).

The Department’s determination is based on the totality of the State’s data and information including the State’s FFY 2008 Annual Performance Report (APR) the revised SPP, other State-reported data and other publicly available information.

Specific factors affecting the OSEP determination of “Needs Assistance” for Illinois included that the State:

  1. Reported 80.26% compliance for Indicator 15 (timely correction of noncompliance), with progress from 76.2% reported the previous year.
  2. Reported outstanding findings of noncompliance from FFY 2006 under Indicator 15.

Illinois’ determinations for FFY 2005, 2006 and 2007 were also “Needs Assistance.” In accordance with section 616(e)(1) of the IDEA and 34 CFR 300.604, if a State is determined to need assistance for two consecutive years, the Secretary must take one or more of the following actions:

  1. Advise the State of available sources of technical assistance that may help the State address the areas in which the State needs assistance.
  2. Direct the use of State-level funds on the area or areas in which the State needs assistance.
  3. Identify the State as a high-risk grantee and impose special conditions on the State’s Part B grant award.

Pursuant to these requirements, the Secretary has advised the State of available sources of technical assistance related to Indicator 15 (timely correction of noncompliance). Illinois must report in its FFY 2009 Annual Performance Report (APR) submission on the technical assistance resources from which the State received assistance, as well as report to OSEP by October 1, 2010, how the technical assistance selected by the State is addressing the factors contributing to the ongoing