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(6.10) What happens when CDE finds a district to be out of compliance?

(6.10) What happens when CDE finds a district to be out of compliance?

If the investigation indicates a failure by the district to comply with the law, the CDE may require “corrective action” or conduct technical assistance activities. [34 C.F.R. Sec. 300.152(b)(2).]

If the noncompliance is not corrected, CDE shall take further action. Actions may include a court proceeding for an order requiring compliance, or a proceeding to recover or stop state funding to the noncompliant local district. [5 C.C.R. Sec. 3205(a).]

If CDE finds that a district has not provided appropriate services, it must address the failure through corrective actions that address the needs of the affected student, such as compensatory services or monetary reimbursement. The federal regulations also require CDE in its corrective action plan to “address…appropriate future provision of services for all children with disabilities.” [34 C.F.R. Sec. 300.151(b) (italics added).]