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Local Educational Agency (LEA) Determination


SPP/APR Reports | LEA Data Collection | LEA Public Reporting | State Determination | State Public Reporting | State Sampling Overview | State Targets

State's Review and §616 Determination Criteria for LEAs

Under the Individuals with Disabilities Education Act (IDEA) §616, states are required to make annual determinations about the performance of the LEAs using the categories of Meets Requirements, Needs Assistance, Needs Intervention, and Needs Substantial Intervention. As implied, these categories represent various intensities of required technical assistance and/or intervention. States are required to make a Determination using these categories for every LEA within the state on an annual basis.

Determination Criteria

Federally Required Elements

States must consider the following four federally required elements in assigning a Determination level for LEAs:

  • Performance on compliance indicators 9, 10, 11, 12, and 13 in the State Performance Plan (SPP) 
  • Whether data submitted by LEAs is valid, reliable, and timely; 
  • Uncorrected noncompliance from other sources (complaints resolution, due process, residential facility monitoring and monitoring activities); and 
  • Any audit findings. 

State Defined Elements

States may choose to define additional elements in making determinations. In order to more accurately reflect LEA performance as indicated by data results, the TEA has incorporated the following state defined element:

  •  Performance-Based Monitoring (PBM) Program Effectiveness (stage of intervention for the special education program area) 

2014 LEA Determinations Methodology PDF 112KB

This resource provides an explanation of the Determination levels and specific enforcement actions based on the assigned level. Also included is information about the Appeals Process for LEAs that are assigned "Needs Intervention" and "Needs Substantial Intervention."

Appeals Process

Any LEA assigned a Determination level of Needs Intervention or Needs Substantial Intervention may file a written request for appeal within 30 calendar days of the date of the Determination Level Notification letter. The written request for appeal must include the submission of all information necessary for the TEA to reconsider the original Determination status assignment. The TEA will acknowledge receipt of the request for appeal and will issue a Determination Status Appeal Response letter when the review is completed.

Appeals must include a contact person’s name, an email address, a phone number, and the LEA superintendent’s name and signature. The appeal should be sent to the following address: 

    Determination Status Appeal
    Texas Education Agency 
    Division of Federal and State Education Policy 
    1701 N. Congress 
    Austin, Texas 78701


The TEA will evaluate the appeal based on information provided in the appeal request form. Please note that the TEA will not consider any appeal received after the 30 calendar day time frame.


Division of Federal and State Education Policy 
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560

Last Updated: March 4, 2014 | Created: June 11, 2007

Page last modified on 3/4/2014 02:52:28 PM.