13A.05.02.07

.07 Compliance Review Activities.

A. The Department is responsible for the development and implementation of policies and procedures for compliance review of public agencies to ensure implementation of the requirements of 20 U.S.C. 1400—1419, Education Article, §§8-401—8-415, Annotated Code of Maryland, COMAR 13A.05.01, and Regulation .13 of this chapter.

B. If the Department identifies a violation of federal or State law or regulation by a public agency, the Department shall require the public agency to submit documentation verifying the implementation of a corrective action.

C. The Department shall develop policies and procedures to address the provision of technical assistance, monitoring, and enforcement of corrective actions implemented by a public agency as a result of a violation under §B of this regulation and consistent with 20 U.S.C. §1416(a)(1)(C) and 34 CFR §300.600.

D. If a public agency has not implemented the corrective actions in the time and manner specified by the Department, the Department shall:

(1) Advise the public agency in writing that the corrective actions shall be implemented within a specified time frame to avoid further enforcement action; and

(2) Offer additional technical assistance to the public agency to assist in the implementation of the corrective actions.

E. If, after the implementation of §D of this regulation, a public agency has not implemented the corrective actions or made good faith efforts to correct substantial violations, the Department may initiate sanctions, including, but not limited to the following:

(1) Redirect or target the use of funds allocated under IDEA Part B Discretionary funds;

(2) Reduce or eliminate the use of funds allocated under IDEA Part B Discretionary funds;

(3) Redirect or target the use of funds allocated under IDEA Part B Passthrough funds;

(4) Withhold or reduce Part B Passthrough funds pending completion of the corrective actions;

(5) Withhold or reduce State funds for special education services pending the completion of corrective actions;

(6) Assign Department staff on-site to assist in the completion of the corrective actions; and

(7) Assign a monitor to oversee the public agency's special education programs, with the responsibility for the costs of monitoring to be determined by the Department.

F. Prior to reducing or withholding funds, all requirements regarding proper notice by the Department to the public agency shall be met, consistent with 20 U.S.C. §1413(c) and (d).