From: SMITH LEIGH ANN [mailto:LSMITH@isbe.net]
Sent: Tuesday, January 05, 2010 2:44 PM
Subject: Information on LEA Determinations - FOIA Information E-Mail

 This e-mail is sent on behalf of David Andel.  Please forward to your LEA Superintendents as well.  Thank you.

 The following is a clarification of the “LEA Determinations – FOIA Information” email sent December 15, 2009 to directors of special education and January 4, 2010 to directors of special education for their member-district superintendents.  ISBE received several emails and phone calls requesting additional information regarding the LEA Determinations process and the FOIA request. 

 According to 616(a)(1)(c)(i) and 300.600(a) of the Individuals with Disabilities Education Act of 2004 (IDEA), States are required to make "Determinations" under 616(d) on the performance of Local Education Agencies (LEAs).  Essentially, Determinations are a way of designating the status of each LEA in relation to one of four categories: (1) Meets Requirements, (2) Needs Assistance, (3) Needs Intervention and (4) Needs Substantial Intervention.  As implied, these categories represent various intensities of technical assistance and/or intervention.  Each State is required to make such a determination using these categories for each and every LEA within the state on an annual basis.  In Illinois, those determinations have been made in the spring of each year. 

This e-mail is being sent to

 The following is a clarification of the “LEA Determinations – FOIA Information” email sent December 15, 2009 to directors of special education and January 4, 2010 to directors of special education for their member-district superintendents.  ISBE received several emails and phone calls requesting additional information regarding the LEA Determinations process and the FOIA request. 

 According to 616(a)(1)(c)(i) and 300.600(a) of the Individuals with Disabilities Education Act of 2004 (IDEA), States are required to make "Determinations" under 616(d) on the performance of Local Education Agencies (LEAs).  Essentially, Determinations are a way of designating the status of each LEA in relation to one of four categories: (1) Meets Requirements, (2) Needs Assistance, (3) Needs Intervention and (4) Needs Substantial Intervention.  As implied, these categories represent various intensities of technical assistance and/or intervention.  Each State is required to make such a determination using these categories for each and every LEA within the state on an annual basis.  In Illinois, those determinations have been made in the spring of each year. 

 In making their Determinations, States are required to consider the following:

 ·         LEA performance on Compliance Indicators (9, 10, 11, 12, 13)

·         Whether the data submitted were valid, reliable, and timely (Indicator 20)

·         Uncorrected Noncompliance from other sources (e.g. District Monitoring & Complaints) (Indicator 15)

·         IDEA Part B Audit Findings

 In addition to these requirements, States may also consider LEA Performance on results indicators and other information it deems relevant.  Each state is allowed to decide what general approach it will use to make these determinations as well as who will be involved, and what criteria it will use to identify the status of each LEA within the four required categories.  Illinois convenes a group of stakeholders to establish criteria for the LEA Determination process.  Additional LEA Determination information can be found on the ISBE website at: http://www.isbe.net/spec-ed/html/lea_determinations.htm.

 The information requests received by ISBE referred specifically to the 07-08 LEA Determinations process.  Those determinations were released to LEAs on April 29, 2009.  As mentioned in the previous email, the stakeholder group determines whether Illinois will publicly report its determinations.  As in past years, the stakeholder group determined that districts were not obligated to report their determination to the public, and ISBE would not publicly disclose a listing of the determinations for 2007-2008 data and corresponding determinations.   Although the decision was made not to publicly report the LEA Determinations, ISBE has now been required to provide this information through a Freedom of Information Act (FOIA) request.  ISBE has received requests for information regarding the LEA Determinations process from the United State Government Accountability Office (GAO) and the Center for Law and Education.  Specifically, these entities requested the overall 07-08 LEA Determination (Meets, Requirements, Needs Assistance, Needs Intervention, Needs Substantial Intervention) for each LEA in Illinois.  ISBE released this information as a result of the FOIA.  Past LEA Determinations would continue to be released in response to any future FOIA requests.  The link to FOIAs on the ISBE site can be found at:  http://www.isbe.net/htmls/foia.htm.  The 08-09 LEA Determinations process will begin in the spring of 2010.  At that point, the stakeholder group will again revisit the issue of publicly reporting the determinations.

 ISBE is sharing this information with LEAs and special education cooperatives so administrators have a frame of reference in the event they are contacted for additional information about their specific district’s LEA Determination.  Further questions can be directed to Jodi Fleck at jfleck@isbe.net.