FR Doc 05-4199
[Federal Register: March 4, 2005 (Volume 70, Number 42)]
[Notices]
[Page 10827-10853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr05-150]
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Part IV
Department of Education
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Arizona Department of Economic Security; Written Findings and Decision
and Compliance Agreement Under the Infants and Toddlers With
Disabilities Program--Part C of the Individuals With Disabilities
Education Act; Notice
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DEPARTMENT OF EDUCATION
Arizona Department of Economic Security; Written Findings and
Decision and Compliance Agreement Under the Infants and Toddlers With
Disabilities Program--Part C of the Individuals With Disabilities
Education Act
AGENCY: Office of Special Education Programs, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Notice of written findings and decision and compliance
agreement.
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SUMMARY: Section 457 of the General Education Provisions Act (GEPA)
authorizes the U.S. Department of Education (Department) to enter into
a compliance agreement with a recipient that is failing to comply
substantially with Federal program requirements. In order to enter into
a compliance agreement, the Department must determine, in written
findings, that the recipient cannot comply until a future date with the
applicable program requirements and that a compliance agreement is a
viable means of bringing about such compliance. On December 16, 2004,
the Department entered into a compliance agreement with the Arizona
Department of Economic Security (DES). Under section 457(b)(2) of GEPA,
the written findings and decision and compliance agreement must be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Julia Martin, U.S. Department of
Education, 400 Maryland Avenue, SW., room 4037, Potomac Center Plaza,
Washington DC 20004-2600. Telephone (202) 245-7431.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Under Part C of the Individuals with
Disabilities Education Act (Part C), the Department provides funds to
States to ``maintain and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system to provide early
intervention services for infants and toddlers with disabilities and
their families.'' 20 U.S.C. 1433, 1435(a)(2), 1437(a)(3)(A). Early
intervention services are services that are, among other things,
``designed to meet the developmental needs of an infant or toddler with
a disability in any one or more of the following areas--(i) physical
development; (ii) cognitive development; (iii) communication
development; (iv) social or emotional development; or (v) adaptive
development''; ``are provided by qualified personnel''; ``to the
maximum extent appropriate, are provided in natural environments,
including the home, and community settings in which children without
disabilities participate''; and ``are provided in conformity with an
individualized family service plan adopted in accordance with section
1436 of this title.'' 20 U.S.C. 1432(4)(C), (F), (G) and (H).
On March 15, 2004, in response to Arizona's Part C Federal fiscal
year (FFY) 2001 Annual Performance Report (APR) and following a State
verification monitoring visit by the Department's Office of Special
Education Programs (OSEP) to Arizona in December 2003, OSEP issued two
letters documenting DES's continued non-compliance with the following
four requirements:
(1) Utilizing effective monitoring procedures to ensure the
identification and correction of noncompliance with Part C under 34 CFR
303.501;
(2) Conducting evaluations and assessments and holding the initial
Individualized Family Service Plan (IFSP) meeting within 45 days from
referral under 34 CFR 303.321(e)(2), 303.322(e)(1) and 303.342(a);
(3) Providing in a timely manner to all eligible infants and
toddlers with disabilities, including infants and toddlers on
reservations, early intervention services identified on the child's
IFSP under 34 CFR 303.342(e); and
(4) Ensuring that all service coordination functions are
implemented under 34 CFR 303.23 and 303.344(g). These same
noncompliance findings were four of the seven findings originally
identified in OSEP's 2000 Arizona Part C Monitoring Report.
On March 25, 2004, DES Director, David Berns, requested that the
Department consider entering into a Compliance Agreement with DES under
Part C of the IDEA. Before entering into a compliance agreement, the
Department must hold a hearing at which the recipient, individuals
affected by any potential compliance agreement, including infants and
toddlers with disabilities and their families or other representatives,
and other interested parties are invited to participate. In that
hearing, the recipient has the burden of persuading the Department
that: (1) Full compliance with the applicable requirements of law is
not feasible until a future date; and (2) that a compliance agreement
is a viable means for bringing about such compliance in no more than
three years. 20 U.S.C. 1234f(b)(1) and (c). If, on the basis of all the
evidence available, the Secretary determines that the recipient has met
that burden, the Secretary is to make written findings to that effect
and publish those findings, together with the substance of the
compliance agreement, in the Federal Register. 20 U.S.C. 1234f(b)(2).
On May 20, 2004, Department officials conducted a public hearing in
Phoenix, Arizona regarding DES's ability to meet certain Part C
requirements. The testimony and materials either presented at the
hearing, or submitted in relation to the hearing, by DES
representatives, other State agency representatives, parent and State
Interagency Coordinating Council representatives, Part C early
intervention providers, and other affected or interested individuals
confirmed that, as required under 20 U.S.C. 1234f, full compliance with
Part C requirements by DES is genuinely not feasible until a future
date, but that DES will be able to come into full compliance with Part
C within three years. Testimony and written submissions supported the
development of a compliance agreement that would bring DES into
compliance with Part C as soon as feasible and would allow continuation
of Part C funding by OSEP to Arizona during this process. As indicated
in the Secretary's Written Findings and Decision of the Secretary, the
Department has determined that a compliance agreement is appropriate to
address the four areas of Part C non-compliance.
As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2),
the text of the Secretary's Decision is set forth as Appendix A and the
Compliance Agreement is set forth as Appendix B of this notice.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in Text or Adobe
Portable Document Format (PDF), on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF, you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO) toll free, at 1-888-293-6498; or in
the Washington DC area at (202) 512-1530.
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Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register is available on GPO access
at: http://www.gpoaccess.gov/nara/index.html.
(Authority: 20 U.S.C. 1234c, 1234f, 1431 through 1445)
Dated: February 25, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
Department of Education
In the matter of the Request of the Arizona Department of
Economic Security to Enter into a Compliance Agreement; Written
Findings and Decision of the Secretary.
I. Introduction
The United States Department of Education (Department) has
determined, pursuant to 20 U.S.C. 1234c, that the Arizona Department
of Economic Security (DES) has failed to comply substantially with
the requirements of Part C of the Individuals with Disabilities
Education Act (Part C or IDEA), codified at 20 U.S.C. 1401 through
1407 and 1431 through 1445, and its implementing regulations at 34
CFR part 303. DES is the lead agency designated by the Governor of
Arizona to implement Arizona's statewide system of early
intervention services under Part C of the IDEA. The Arizona Early
Intervention Program (DES/AzEIP) is the office within DES that is
responsible for the daily administration and oversight of Arizona's
early intervention program for infants and toddlers with
disabilities and their families under Part C of the IDEA.\1\
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\1\ The Arizona Part C early intervention statewide system of
services comprises the following State agencies and its contractors:
(1) DES (which includes AzEIP, and the Division of Developmental
Disabilities (DDD) (another unit within DES, and which is a major
early intervention service provider in Arizona), (2) the Arizona
State Schools for the Deaf and the Blind (ASDB), (3) the Arizona
Department of Health Services (ADHS), (4) the Arizona Department of
Education (ADE), and (5) the Arizona Health Care Cost Containment
System (AHCCCS).
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On March 15, 2004, in response to Arizona's Part C Federal
fiscal year (FFY) 2001 Annual Performance Report (APR) and following
a State verification monitoring visit by the ED Office of Special
Education Programs (OSEP) to Arizona in December 2003, OSEP issued
two letters documenting DES's continued noncompliance with the
following four Part C requirements:
(1) Utilizing effective monitoring procedures to ensure the
identification and correction of noncompliance with Part C under 34
CFR 303.501;
(2) Conducting evaluations and assessments and holding the
initial Individualized Family Service Plan (IFSP) meeting within 45
days from initial referral under 34 CFR 303.321(e)(2), 303.322(e)(1)
and 303.342(a);
(3) Providing in a timely manner all early intervention services
identified on the IFSP to all eligible infants and toddlers with
disabilities, including infants and toddlers on reservations, under
34 CFR 303.342(e); and
(4) Ensuring that all service coordination functions are
implemented under 34 CFR 303.23 and 303.344(g).
These four noncompliance findings were part of seven findings
originally identified in OSEP's 2000 Arizona Part C Monitoring
Report.\2\ As noted below, although DES has addressed three of the
findings from OSEP's 2000 monitoring report, DES has indicated, and
the Department has determined, that DES will need additional time to
make systemic changes in its monitoring, data, service delivery, and
other systems in order to ensure correction of the remaining four
findings.
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\2\ OSEP's Monitoring Report, issued on May 22, 2000, identified
the following seven findings of noncompliance with Part C:
(1) General Supervision: 34 CFR 303.501--Ineffective Monitoring
Procedures to Ensure Consistent Implementation of Part C;
(2) Child Find: 34 CFR 303.321 and 303.320--Development of a
Comprehensive, Coordinated, Statewide Child Find System;
(3) Failure to Disseminate Public Awareness Information to
Primary Referral Sources;
(4) Failure under 34 CFR 303.322(e)(1) to convene the initial
Individualized Family Service Plan (IFSP) meeting within 45 days
from initial referral including identification of all needed
services;
(5) Failure under 34 CFR 303.322(e)(2) to appropriately extend
timelines for evaluations and assessments and to routinely and
inappropriately develop interim IFSPs;
(6) Failure to provide all services to all eligible children
under 34 CFR 303.322 including children on reservations; and
(7) Failure to ensure under 34 CFR 303.23(a)(2) that all service
coordination functions are implemented.
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During OSEP's December 2003 verification visit to the State, DES
and OSEP officials discussed the possibility of a compliance
agreement, which would allow the State up to three years to correct
noncompliance that the State could not effectively correct within a
shorter period of time. On March 25, 2004, DES sent a letter to OSEP
requesting that OSEP consider entering into a compliance agreement
as a way to resolve the State's Part C noncompliance issues. On May
20, 2004, Department officials conducted a public hearing in Arizona
in accordance with the GEPA requirements of 20 U.S.C. 1234f(b), at
which oral and written testimony were received. Witnesses
representing DES/AzEIP, the State Interagency Coordinating Council
(SICC), other DES/AzEIP state agency partners, early intervention
providers and other concerned organizations (including State
stakeholders) testified at this hearing on the question of whether
the Department should grant DES's request to enter into a Compliance
Agreement. Additional written testimony was submitted to the
Department both prior to and after the public hearing.
The Department has reviewed all oral and written testimony
submitted, the Compliance Agreement DES has signed, and other
relevant materials.\3\ On the basis of this evidence, the Department
concludes, and issues these written findings as required by 20
U.S.C. 1234f(b)(2), that DES has met its burden of establishing
that:
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\3\ A copy of the Compliance Agreement is attached as Appendix A
to these Written Findings and Decision.
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(1) Compliance by DES with Part C is not feasible until a future
date, and
(2) DES will be able to carry out the terms and conditions of
the Compliance Agreement it has signed and will come into full
compliance with Part C by the end of the term of this Agreement.
During the effective period of the Compliance Agreement, which
expires three years from the date of this decision, DES will
continue to be eligible to receive Part C funds as long as it
complies with all the terms and conditions of the Agreement.
II. Legal Basis for Entering Into a Compliance Agreement: Requirements
Under Part C and GEPA
A. Part C Requirements
Part C was passed in response to Congress's finding that ``there
is an urgent and substantial need * * * to enhance the development
of infants and toddlers with disabilities and to minimize their
potential for developmental delay.'' 20 U.S.C. 1431(a)(1). Congress
established Part C ``to provide financial assistance to States * * *
to develop and implement a statewide, comprehensive, coordinated,
multidisciplinary, interagency system that provides early
intervention services for infants and toddlers with disabilities and
their families.'' \4\ 20 U.S.C. 1441(b)(1). Early intervention
services are defined as ``developmental services that:--
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\4\ An ``infant or toddler with a disability'' ``(A) means an
individual under 3 years of age who needs early intervention
services because the individual (i) is experiencing developmental
delays, as measured by appropriate diagnostic instruments and
procedures in one or more of the areas of cognitive development,
physical development, communication development, social or emotional
development, and adaptive development; or (ii) has a diagnosed
physical or mental condition which has a high probability of
resulting in developmental delay; and (B) may also include, at a
State's discretion, at-risk infants and toddlers.'' 20 U.S.C.
1432(5). Arizona does not include ``at-risk infants and toddlers''
in its definition of ``infants and toddlers with disabilities.''
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(A) Are provided under public supervision;
(B) Are provided at no cost except where Federal or State law
provides for a system of payments by families, including a schedule
of sliding fees;
(C) Are designed to meet the developmental needs of an infant or
toddler with a disability in any one or more of the following
areas--(i) physical development; (ii) cognitive development; (iii)
communication development; (iv) social or emotional development; or
(v) adaptive development;
(D) Meet the standards of the State in which they are provided,
including the requirements of this part;
(E) Include [list of early intervention services such as speech,
occupational, physical therapy, etc.];
(F) Are provided by qualified personnel * * *;
(G) To the maximum extent appropriate, are provided in natural
environments, including the home, and community settings
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in which children without disabilities participate; and
(H) Are provided in conformity with an individualized family
service plan [IFSP] adopted in accordance with section 636 [20
U.S.C. 1436].''
20 U.S.C. 1432(4); 34 CFR 303.12.
In order to ensure that early intervention services are provided
in compliance with Part C, a State must ensure it has a statewide
system that addresses Part C requirements regarding: general
supervision (including monitoring and data collection and
reporting), child find and public awareness, timely evaluations and
assessments, IFSP development, provision of early intervention
services in natural environments, and transition planning. Under
Part C, the lead agency's general supervision responsibilities
include: (1) Monitoring for compliance and performance, (2) ensuring
correction and enforcement of identified deficiencies, (3) providing
technical assistance and training and (4) ensuring the provision of
procedural safeguards through the due process and State complaint
procedures. 20 U.S.C. 1435(a)(10)(A); 34 CFR 303.501, 303.403,
303.420, and 303.510 through 303.512. The Part C general supervision
requirements must be read in conjunction with DES's responsibility
under GEPA at 20 U.S.C. 1232d(b)(3), to adopt and use proper methods
of administering the Part C program, including, among other
requirements: (1) Monitoring of agencies, institutions, and
organizations responsible for carrying out Part C; (2) the
enforcement of the obligations imposed on those agencies,
institutions, and organizations under Part C; (3) providing
technical assistance, where necessary, to such agencies,
institutions, and organizations; and (4) the correction of
deficiencies in program operations that are identified through
monitoring or evaluation.
Under Part C, the lead agency is required to ensure that all
programs and activities used by the State to carry out Part C
(whether or not they receive Part C funds) are monitored for
compliance with Part C requirements and that interagency agreements
are in place to ensure that services are provided in a timely
manner. 20 U.S.C. 1435(a)(10)(A); 34 CFR 303.501 and 303.523 through
303.528. When the lead agency determines that program providers and
other agencies, institutions and organizations that are part of the
Part C system in a State are not in compliance, Part C requires the
lead agency to enforce the requirements of Part C and correct
deficiencies that are identified through monitoring and its general
supervision authority. 20 U.S.C. 1435(a)(10)(A); 34 CFR
303.501(b)(2) and (4). The lead agency is also responsible for
providing technical assistance and training to agencies,
institutions and organizations that administer the Part C program.
20 U.S.C. 1435(a)(10)(A); 34 CFR 303.501(b)(3). Part C requires that
there be a single line of responsibility and clear interagency
guidelines to ensure that one agency, the lead agency, is
responsible for administering Part C in the State. 20 U.S.C.
1435(a)(10)(A); 34 CFR 303.500. General supervision has been a
challenge for DES due to the number of agencies that either directly
provide or contract with private entities and individuals to provide
early intervention services.
Other Part C requirements include ensuring that all infants and
toddlers with disabilities and their families: are referred into the
program in a timely manner (34 CFR 303.321(e)(2), 303.322(e)(1) and
303.342(a)), are assigned a single service coordinator (34 CFR
303.23(a)(2)) who helps the child and family through coordination
and other activities (34 CFR 303.23(a)(2) and (b)), are evaluated in
all five developmental areas (34 CFR 303.322(c)(3)(ii)), and, if
determined eligible, have IFSPs developed in a timely manner that
address all content requirements (34 CFR 303.342(a) and 303.344),
are provided those early intervention services listed on their IFSP
(34 CFR 303.342(e)), and receive timely transition meetings and
plans as they exit the program (34 CFR 303.148(b) and 303.344(h)).
This system is intended to be seamless so that an infant or toddler
with a disability and the family receive all appropriate early
intervention services to meet the unique developmental needs of the
child and to support the family. DES's failure to comply with key
Part C requirements (monitoring and correction, timely evaluations
and assessments, service coordination and provision of early
intervention services) have led to waiting lists for infants and
toddlers and their families for evaluations and assessments as well
as early intervention services.
B. Authority To Enter Into a Compliance Agreement Under Part C and
GEPA
If a State fails to comply substantially with the requirements
of Part C, the IDEA authorizes the Department to withhold funds from
that State or refer the matter to the Department of Justice. 20
U.S.C. 1416(a) and 1442. GEPA provides the Department with
additional enforcement options for a grant recipient that the
Department concludes is ``failing to comply substantially with any
requirements of law applicable to such funds.'' 20 U.S.C. 1234c.
These remedies include issuing a cease and desist order. 20 U.S.C.
1234c. As an alternative to withholding funds, issuing a cease and
desist order, or referral to the Department of Justice, the
Department may enter into a Compliance Agreement with a recipient
that is failing to comply substantially with specific program
requirements. 20 U.S.C. 1234f. In this instance, and at DES's
request, the Department has determined it is appropriate to address
DES's failure to comply substantially with the requirements of Part
C through a Compliance Agreement.
The purpose of a Compliance Agreement is ``to bring the
recipient into full compliance with the applicable requirements of
the law as soon as feasible and not to excuse or remedy past
violations of such requirements.'' 20 U.S.C. 1234f(a). Before
entering into a Compliance Agreement, the Department must hold a
public hearing at which the recipient, affected infants and toddlers
with disabilities and their parents or their representatives, and
other interested parties are invited to participate. At the hearing,
the recipient has the burden of persuading the Department that: (1)
Full compliance with the applicable requirements of law is not
feasible until a future date and (2) a compliance agreement is a
viable means for bringing about such compliance in no more than
three years. 20 U.S.C. 1234f(b)(1). If, on the basis of all the
evidence available to the Department, the Secretary determines that
the recipient has met that burden, the Secretary is to make written
findings to that effect and publish those findings and the
Secretary's decision, together with the substance of the Compliance
Agreement, in the Federal Register. 20 U.S.C. 1234f(b)(2).
A Compliance Agreement must set forth an expiration date not
later than 3 years from the date of the Secretary's written findings
and decision under 20 U.S.C. 1234f(b)(2), by which time the
recipient must be in full compliance with all program requirements.
In addition, the Compliance Agreement must contain the terms and
conditions with which the recipient must comply during the period
that the Agreement is in effect. 20 U.S.C. 1234f(c). If the
recipient fails to comply with any of the terms and conditions of
the Compliance Agreement, the Department may consider the Agreement
no longer in effect and may take any action authorized by law,
including withholding of funds, issuing of a cease and desist order,
or referring the matter to the Department of Justice. 20 U.S.C.
1234f(d).
III. DES's Ability To Meet the Requirements of the Compliance Agreement
In determining whether it is appropriate to enter into a
Compliance Agreement with DES, the Department must first determine
two issues. First, the Department must determine: Can DES come
immediately into compliance with Part C (including its monitoring,
timely evaluations and assessments, service coordination and
provision of early intervention services requirements)? 20 U.S.C.
1234f(b). Second, the Department must determine: Will DES be able to
come into compliance with the applicable Part C requirements within
a period of no more than three years? If the Department cannot
answer the first question in the negative and the second question in
the affirmative, then it is inappropriate for the Department to
enter into a Compliance Agreement with DES under 20 U.S.C. 1234f. In
arriving at the terms of the Compliance Agreement, DES must not only
come into full compliance by the end of the effective period of the
Compliance Agreement, it must also make steady and measurable
progress toward the Agreement's objectives while it is in effect.
A. DES Cannot Immediately Come Into Compliance With Part C
Requirements
DES's failure to comply with four major Part C requirements, as
documented in OSEP's March 15, 2004 monitoring and APR letters and
OSEP's 2000 monitoring report and acknowledged by DES, is caused by
a number of complicating factors such as the fact that early
intervention services in Arizona are provided through a number of
different interagency and intra-agency programs and private
contractors and provided in rural settings including reservations,
and, as a result, cannot be
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corrected immediately. DES's testimony and that of other witnesses
at the Department's May 20, 2004 public hearing (including other
State agency representatives, providers, SICC representatives and
other Part C stakeholders) provided compelling support for this
conclusion.
1. DES Cannot Come Into Compliance Immediately With the Four Part C
Requirements That Were the Subject of OSEP's Findings
As noted below and confirmed through the testimony of DES, State
agency representatives, early intervention providers, Arizona SICC
representatives and others, DES is not in compliance now, and cannot
immediately come into compliance, with the following specific Part C
requirements that were ongoing findings of noncompliance originally
identified in OSEP's 2000 report and reiterated in OSEP's March 15,
2004 letters (following OSEP's December 2003 verification monitoring
visit to the State):
(1) Utilizing effective monitoring procedures to ensure the
identification and correction of noncompliance with Part C under 34
CFR 303.501;
(2) Conducting evaluations and assessments and holding the
initial Individualized Family Service Plan (IFSP) meeting within 45
days from initial referral under 34 CFR 303.321(e)(2), 303.322(e)(1)
and 303.342(a);
(3) Providing in a timely manner all early intervention services
identified on the IFSP to all eligible infants and toddlers with
disabilities, including infants and toddlers on reservations, under
34 CFR 303.342(e); and
(4) Ensuring that all service coordination functions are
implemented under 34 CFR 303.23 and 303.344(g).
2. DES Cannot Immediately Come Into Compliance With Part C Due to the
Need for Major Systemic Changes To Address System Capacity Issues,
Coordinate Monitoring, Policies, and Data Systems Across All
Participating Agencies and Providers and Deliver Team-Based Services
At the May 20, 2004 hearing and in its testimony, DES
acknowledged that it is not complying with Part C and cannot
immediately come into compliance with Part C requirements. In her
presentation, DES/AzEIP Director Molly Dries identified at least
five major barriers to DES's ability to come into immediate
compliance with Part C: (1) The lack of a coordinated interagency
monitoring system to identify and correct noncompliance; (2) the
lack of interagency coordination on policies and procedures to
ensure they reflect Part C requirements; (3) the lack of coordinated
data systems between and within participating agencies to ensure
that Part C compliance elements are reflected; (4) insufficient
system capacity to ensure adequate personnel to provide timely
evaluations and assessments and early intervention services; and (5)
a team-based model of service delivery that can track children from
referral to exit from the Part C program.
One major barrier to immediate compliance is DES's need to
establish an interagency monitoring system and coordinated policies
and procedures, since Arizona's statewide system of early
intervention services involves efforts from five different State
agencies and two major programs within DES as well as numerous
private contractors. Five different agencies (including DES) conduct
child find, evaluations and assessments, and provide service
coordination and early intervention services and transition
planning. At the public hearing, DES officials testified that DES
does not have a system to monitor its intra- and interagency State
counterparts that provide early intervention services or the private
providers that conduct evaluations and assessments and provide
service coordination and early intervention services to infants and
toddlers with disabilities and their families. DES has just begun to
establish protocols for monitoring of all Part C requirements but
has yet to conduct monitoring of other State agency partners. DES
has established a dialogue for working with each of these agencies
on an ongoing basis to coordinate all Part C activities including
monitoring these agencies' compliance with Part C requirements and
providing joint and collaborative training and technical assistance.
However, as noted by all State agency representatives who testified
at the hearing, much work remains to be done. As DeAnn Davies (SICC
Chair) submitted in her written testimony, ``* * * state systems
were fragmented from each other. * * * The state AzEIP office did
not hold the critically needed strength in order to demand
compliance from partnering agencies * * *.'' DES must undertake
major interagency efforts to ensure that the monitoring systems are
coordinated, State agency partner data systems reflect Part C
requirements and all agencies' policies and procedures are aligned
with Part C requirements.
DES cannot immediately address this barrier. The first critical
step will be the development of memoranda of agreements that address
each agency's responsibility in addressing Part C's requirements.
Another critical step will be interagency cooperation to allow DES
to monitor, based on Part C standards, each State participating
agency for Part C requirements such as timely evaluations and
assessments and provision of early intervention services and service
coordination. DES also intends to align with its other agency
partners all participating programs' and agencies' policies and
procedures on substantive Part C requirements. Defining the
respective agencies' responsibilities, implementing an interagency
monitoring system that can identify and correct noncompliance, and
aligning policies and procedures are all necessary to ensure
compliance with Part C.
A second barrier is the need for DES/AzEIP to review (and revise
if necessary) its data system (ACTS) to ensure that it includes
critical Part C compliance elements and align its data system with
participating State agencies and programs. DES officials testified
that ensuring complete and accurate data reporting is critical for
program evaluation and decision-making. Securing baseline compliance
data is the first major step in DES's plan toward identifying and
addressing system capacity and other root causes for each of the
areas of noncompliance identified by OSEP. At the time of OSEP's
December 2003 verification monitoring visit, DES did not collect
data on the number of infants and toddlers waiting for evaluations
and assessments and the number of infants and toddlers with
disabilities and their families who were waiting for early
intervention services. DES will revise its ACTS data system to
collect and report on this information. Revising and verifying its
new data system and aligning it with other State agency data systems
will take DES more than one year. Effectively utilizing the data
from the new data system as part of its new monitoring system to
verify both noncompliance areas and corrective action results will
take DES even longer.
Another major barrier that affects DES' ability to comply with
Part C is the capacity of the system to serve the number of infants
and toddlers referred to the program. One possible cause is the lack
of sufficient qualified personnel to conduct evaluations and
assessments and provide early intervention services. Testimony from
DES officials, tribal representatives, and early intervention
providers cited personnel recruitment and retention, provider rate
structure and other personnel and system issues as among the major
challenges for timely evaluations and assessments and early
intervention service delivery. DES cannot, acting on its own,
immediately address this personnel shortage. DES has been unable to
find providers who are willing to travel to rural areas or
reservations or, in some cases, has discovered that different agency
or funding source service provider rate structures create
disincentives for provision of early intervention services in
natural environments. Under the Compliance Agreement, DES will
develop relationships with institutions of higher education, and
also will develop regional service provider directories to better
track existing personnel and recruit and retain new personnel in
needed professions. Removing these system capacity barriers and
obtaining needed personnel will require a long-term effort that will
involve working with other organizations in Arizona to ensure that
qualified personnel are available to conduct evaluations and
assessments and provide early intervention services.
Finally, DES identified the lack of a streamlined system from
referral to service delivery and a team-based approach for
delivering services as barriers to the timely provision of
evaluations and assessments and early intervention services. As Mary
Ann Sheely, an early intervention occupational therapy provider,
noted in her testimony, ``* * * the process of evaluating a child
and then determining the appropriate services still lacks
coordination and clear communication methods with families. The
current system is too complicated, due to the many steps it takes to
complete.'' However, as DES officials and State agency witnesses
testified, envisioning and implementing such a system from the
initial planning process (IPP) to the delivery of all early
intervention services by all participating agencies and providers
cannot occur immediately; interagency agreements, policies and
procedures, and provider contracts must all
[[Page 10832]]
be reviewed and revised to ensure consistency in a service delivery
model that maximizes personnel resources while ensuring that early
intervention services are coordinated for the infant or toddler with
a disability and his or her family.
3. Testimony From Arizona State Agency Representatives, Early
Intervention Providers, SICC Representatives and Others All Confirms
That DES Cannot Immediately Come Into Compliance
Testimony from other individuals also confirmed that DES cannot
come into full compliance with Part C requirements immediately.
Representatives from other Arizona agencies that provide early
intervention services, early intervention service providers, SICC
representatives and others all testified that DES will need
additional time to achieve full compliance. David Bern, DES
Director, confirmed that although DES does not wish to take more
time than necessary, DES will need additional time to address the
remaining findings. Representatives from five other State Part C
agency partners (Ida Fitch of DDD, Sue Juarez of ACCESS, Lynn
Busenbark of ADE, Barbara Hess of ADHS, and Judy Parish of ASDB)
testified that DES needs more time to ensure interagency
coordination among the agencies that are part of the early
intervention system in Arizona and align data systems and policies
and procedures. Maria Bravo, SICC Vice-Chair and a grandparent of a
child with a disability, testified that DES needed more time to work
with its interagency partners.
Other witnesses, including private contractors, SICC
representatives, parents of children with disabilities, and early
intervention providers, confirmed that DES continues to face long-
term challenges in complying with Part C, including system capacity
issues and availability of qualified personnel to provide
evaluations and assessments and early intervention services.
Testimony from these witnesses confirmed that waiting lists continue
to exist for evaluations and assessments and for early intervention
services, although a few witnesses testified that the waiting lists
appear to be decreasing. (Melanie Taylor (a parent) described how
the delays had previously been as long as six months; Annabelle
Ratley (of the Blake Foundation) noted that children are being seen
sooner and eligibility is being determined faster; and George
Hatchell (of DES/AzEIP) talked about the time for development of an
IFSP decreasing such that fewer eligible children and their families
were waiting for their IFSPs to be developed.) Early intervention
service providers, including speech language pathologists,
occupational therapists and physical therapists, also submitted
testimony noting that timeliness of evaluations and assessments and
of provision of services was a problem due to system capacity issues
and confusion regarding roles and responsibilities of service
coordinators and early intervention providers. Judy Capps of the
Gilah Indian River Community (GIRC) testified for the need for
additional time to ensure, among other things, that its data system
was aligned with DES/AzEIP's data system.
The evidence gathered by the Department at the public hearings
and through its monitoring of DES's early intervention program
confirms that DES is not able to immediately come into compliance
with the requirements of Part C. These problems are not isolated
examples of noncompliance that can be quickly or easily corrected,
but the outgrowth of systemic failures, for which systemic change is
needed. The Department, therefore, concludes that DES cannot come
into immediate compliance with the requirements of Part C.
B. DES Can Come Into Compliance With Part C Within Three Years
The Department has concluded that DES can meet the terms and
conditions of the attached Compliance Agreement and come into full
compliance with Part C within three years. The Compliance Agreement
sets forth clear goals, outcomes and objectives, specific activities
to reach those results, and timelines including target completion
dates. Testimony at the hearing supports the conclusion that DES is
committed to making the necessary changes to come into compliance
with Part C. For example, SICC member Connie Shore noted that DES
had undertaken significant steps to address those areas of
noncompliance that were in its direct control immediately after
OSEP's initial on-site monitoring visit and such efforts indicate
DES's ability to implement its plan for achieving compliance. These
steps included developing a model IFSP form, developing and
disseminating appropriate public awareness materials, and outlining
a plan for a monitoring system. GIRC representative Judy Capps
indicated that the number of infants and toddlers with disabilities
served at the Gilah Indian River Community increased from 19 to 99
and over 400 potentially eligible children were screened during her
short tenure (less than three years). Annabelle Ratley of the Blake
Foundation (a private contractor that contracts with all
participating State agencies except for ASDB) indicated that IFSPs
look different and are more individualized now.
To ensure that DES remedy the areas of noncompliance as soon as
possible, the Compliance Agreement sets forth realistic and specific
timelines for accomplishing each objective. DES officials and other
witnesses testified that DES had already implemented the following
actions to fully address three of OSEP's seven findings of
noncompliance and begin to address the remaining four findings:
--Development and implementation of intra- and interagency training
on Part C;
--Development of model IFSP form to include all federally required
elements;
--Development and distribution of appropriate public awareness
materials;
--Increase in referrals from and number of children served in
certain Indian reservations; and
--Training and professional development of service coordinators.
The actions that remain are long-term strategies to address the
principal barriers identified by DES for the successful
implementation of Part C. Thus, the Compliance Agreement contains
specific plans to develop effective interagency monitoring and
cooperation mechanisms regarding collection and reporting of data
and compliance policies and procedures. It also requires a review
and analysis of system capacity issues including short-term and
long-term personnel identification, recruitment and retention
policies. Finally, it provides for the delivery of early
intervention services based on a team-based model.
The Compliance Agreement also establishes realistic goals and
systemic strategies--which will be monitored by the Department--for
bringing DES into compliance with Part C. The Compliance Agreement
addresses the four major areas of DES's noncompliance with Part C,
namely: (1) General Supervision, (2) Timely Evaluations and
Assessments and IFSP Development, (3) Timely Provision of Early
Intervention Services, and (4) Service Coordination. Under each of
these Compliance Agreement areas, DES sets out objectives as well as
specific steps that it will take to achieve its objectives and
address the noncompliance areas that are at issue in OSEP's
monitoring report. The Compliance Agreement also identifies the key
parties (including DES, other State agencies and stakeholder groups
including the SICC), that will take responsibility for carrying out
each of the strategies. Thus, specific parties can be held
accountable if an activity delineated in the Compliance Agreement is
not properly implemented.
In addition to specifying overall compliance goals, a plan for
meeting them, and the party responsible for implementing the
specific action steps, the Compliance Agreement also sets out
interim objectives that DES must meet during the next three years in
attaining compliance with Part C. DES not only is committed to being
in full compliance with Part C within three years, but also has a
plan to address each objective in as timely a manner as possible.
The Compliance Agreement sets forth the data collection and
reporting procedures that DES will follow. These provisions will
enable the Department to determine whether or not DES is meeting
each of its commitments under the Compliance Agreement. The
Compliance Agreement, because of the obligations it imposes on DES,
will provide the Department with the information and authority it
needs to protect the Part C rights of Arizona infants and toddlers
with disabilities.
DES has developed a comprehensive plan to address the underlying
causes of its failure to comply with Part C. For these reasons, the
Department concludes that DES can meet all the terms and conditions
of the Compliance Agreement and come into full compliance with Part
C no later than three years from the date of the Agreement.
IV. Conclusion
For the foregoing reasons, the Department finds that: (1) Full
compliance by DES with the requirements of Part C is not feasible
until a future date, and (2) DES can meet the terms and conditions
of the attached Compliance Agreement and come into full compliance
with the requirements of Part C within three years of the date of
this
[[Page 10833]]
decision. Therefore, the Department determines that it is
appropriate for this agency to enter into a Compliance Agreement
with DES. Under the terms of 20 U.S.C. 1234f, this Compliance
Agreement becomes effective the date these Written Findings and
Decision are signed by the Secretary.
Dated: December 16, 2004.
From Rod Paige,
Secretary, U.S. Department of Education.
Appendix A: Arizona Part C Compliance Agreement.
Compliance Agreement--Under Part C of the Individuals With Disabilities
Education Act (IDEA), the Infants and Toddlers With Disabilities
Program, Between the United States Department of Education and the
Arizona Department of Economic Security
I. Introduction/Background
This Compliance Agreement is entered into under the General
Education Provisions Act (GEPA) (at 20 U.S.C. 1234f) between the
United States Department of Education (the Department or ED) and the
State of Arizona through the Arizona Department of Economic Security
(DES) to address certain requirements under Part C of the
Individuals with Disabilities Education Act (IDEA) (codified at 20
U.S.C. 1401 through 1407 and 1431 through 1445) and its implementing
regulations (at 34 CFR part 303).
Under section 1234f of GEPA, the Department may enter into a
Compliance Agreement with the purpose of bringing a grant recipient
(DES) into full compliance with the applicable requirements of law
as soon as feasible and not to excuse or remedy past violations.
Before entering into a compliance agreement, the Department must
hold a hearing where the recipient and other affected and interested
parties are invited to participate. Compliance agreements must
contain an expiration date not later than three years from the date
of the Written Findings and the terms and conditions with which the
recipient must comply until it is in full compliance. A compliance
agreement allows a recipient to continue to receive its grant award
while it works toward achieving full compliance under the terms of
the agreement.
On March 15, 2004, in response to Arizona's Part C Federal
fiscal year (FFY) 2001 Annual Performance Report (APR) and following
a State verification monitoring visit by the ED Office of Special
Education Programs (OSEP) to Arizona in December 2003, OSEP issued
two letters documenting DES's continued noncompliance with the
following four requirements: (1) Utilizing effective monitoring
procedures to ensure the identification and correction of
noncompliance with Part C under 34 CFR 303.501; (2) conducting
evaluations and assessments and holding the initial Individualized
Family Service Plan (IFSP) meeting within 45 days from initial
referral under 34 CFR 303.321(e)(2), 303.322(e)(1) and 303.342(a);
(3) providing in a timely manner all early intervention services
identified on the IFSP to all eligible infants and toddlers with
disabilities, including infants and toddlers on reservations, under
34 CFR 303.342(e); and (4) ensuring that all service coordination
functions are implemented under 34 CFR 303.23 and 303.344(g). These
same noncompliance findings were four of the seven findings
originally identified in OSEP's 2000 Arizona Part C Monitoring
Report. Although DES has addressed three of the findings from OSEP's
2000 monitoring report, DES has indicated that it will need more
than one year to make systemic changes in its monitoring, data,
service delivery, and other systems in order to ensure correction of
these remaining four findings.
On March 25, 2004, DES Director David Berns requested that the
Department consider entering into a Compliance Agreement with DES
under Part C of the IDEA. In addition, Mr. Berns invited OSEP to
conduct public hearings in Arizona as required by GEPA prior to the
establishment of a Compliance Agreement. On May 20, 2004, OSEP
conducted a public hearing in Phoenix, Arizona, regarding DES's
ability to meet certain Part C requirements. The testimony and
materials either presented at the hearing, or provided in relation
to the hearing, by DES representatives, other Arizona participating
agencies, Part C providers, and other affected or interested
individuals confirmed that, as required under 20 U.S.C. 1234f, full
compliance with Part C requirements by DES is genuinely not feasible
until a future date, but that DES will be able to come into full
compliance with Part C within three years. Testimony and written
submissions supported the development of a compliance agreement that
would bring DES into compliance with Part C as soon as feasible and
allow continuation of Part C funding by OSEP to Arizona during this
process. As indicated in the Secretary's Written Findings and
Decision of the ED Secretary (Secretary), ED agrees that a
compliance agreement is appropriate to address noncompliance and
this document reflects the terms of the Compliance Agreement.
II. Parties
The parties to this Compliance Agreement under IDEA, Part C, are
the U.S. Department of Education and the Arizona Department of
Economic Security (DES). DES is the designated lead agency under
Part C of the IDEA. The Arizona Early Intervention Program (DES/
AzEIP) is the office within DES that is responsible for the daily
administration and oversight of Arizona's early intervention program
for infants and toddlers with disabilities and their families under
Part C of the IDEA.\1\ The Arizona Part C program referred to herein
includes the AzEIP participating state agencies (DES, AHCCCS, ADE,
ASDB and ADHS) and the providers of early intervention services
(whether contractors of AzEIP or other state agency entities).
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\1\ The Arizona Part C early intervention statewide system of
services comprises the following State agencies and its contractors:
(1) DES (which includes AzEIP, and the Division of Developmental
Disabilities (DDD) (another unit within DES, and which is a major
early intervention service provider in Arizona), (2) the Arizona
State Schools for the Deaf and the Blind (ASDB), (3) the Arizona
Department of Health Services (ADHS), (4) the Arizona Department of
Education (ADE), and (5) the Arizona Health Care Cost Containment
System (AHCCCS).
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III. Areas of Identified Noncompliance
Under the terms of this Compliance Agreement, entered into
pursuant to 20 U.S.C. 1234f, DES must be in full compliance with the
requirements of Part C of IDEA no later than three years from the
effective date of this Agreement, which is the date the Secretary
signs the Written Findings of Fact and Decision and the Compliance
Agreement. Specifically, DES must ensure and document that no later
than three years from the effective date of this Agreement,
compliance is achieved in each of the following four major areas:
1. General Supervision: DES is meeting its general supervision
responsibilities and monitoring for compliance with all requirements
of Part C, including using appropriate methods to administer the
Part C program. In particular, DES is: (1) Monitoring state
participating agencies/DES participating programs and governmental
or private providers who deliver or contract to deliver Part C
services in Arizona; (2) enforcing contractual and/or legal
obligations regarding Part C compliance; (3) providing training and
technical assistance as needed to providers and governmental
participants in the Part C program; and (4) correcting deficiencies
identified through monitoring.
2. Timely Evaluation, Assessment and Development of the IFSP:
DES is ensuring that all potentially eligible infants and toddlers
referred to Part C receive timely and comprehensive evaluations in
all five developmental areas (cognitive, physical, communication,
social/emotional, and adaptive skills). Evaluations and assessments
are completed and, if the infant or toddler is eligible, the initial
IFSP meeting is conducted within 45 days of the date a referral is
received containing sufficient family contact information to enable
the Arizona Part C program to contact the family.
3. Identification and Timely Provision of All Early Intervention
Services Specified in IFSPs: DES is ensuring that all early
intervention services identified on the IFSPs are linked to
functional outcomes, which are based on the current developmental
needs of eligible infants or toddlers with disabilities and the
resources, priorities and concerns of their families. DES is also
ensuring that all early intervention services identified on the IFSP
are provided in a timely manner to all eligible infants and toddlers
with disabilities, including Native American families and children
residing on reservations.
4. Service Coordination: DES is ensuring that each eligible
family has a single service coordinator who: (1) Coordinates all
services across agency lines; (2) serves as the single point of
contact for the family to help parents obtain the services and
assistance they need; (3) facilitates timely delivery of available
services; (4) seeks appropriate services necessary to benefit the
development of each child served for the duration of the child's
eligibility; and (5) ensures that all infants and toddlers and their
families receive appropriate prior written notice and
[[Page 10834]]
understand their procedural rights and safeguards.
IV. Funding and Work Plans
During the term of the Compliance Agreement, DES is eligible to
receive Part C funds if it complies with the terms and conditions of
this Agreement and all other provisions of Part C not addressed by
this Agreement.
This Compliance Agreement specifies the goals and timetables
required for DES to come into full compliance with its Part C
obligations in each of the four areas. DES is required to submit
documentation concerning its compliance with enumerated activities,
goals and timetables. Included in this Compliance Agreement are two
individual work plans (Attachments A and B), which address the
previously enumerated areas of noncompliance with Part C
requirements. These work plans include measurable outcomes, goals/
objectives, activities to achieve the goals, target completion dates
for each activity and goal, and ways to verify compliance with the
work plans during the three-year term of this Agreement. A report on
progress made under these work plans, reflecting activities/goals
met, any obstacles and other information as to progress shall be
submitted by DES quarterly to OSEP. This reporting shall begin the
final day of the third month following the effective date of this
Agreement, and shall continue quarterly throughout the term of this
Agreement. Attachment C, DES/AzEIP's Program Self-Assessment and
Monitoring Cycle, supports Attachment A, General Supervision, and
describes the schedule for monitoring programs within the State.
Amendments to this Compliance Agreement must be made in writing.
If DES determines that any items in the work plans need to be
changed or items need to be deleted/added, DES will promptly submit
to OSEP in writing any requests for changes to the work plans and
the terms of this Compliance Agreement. Within five working days of
receipt of any such request, OSEP shall acknowledge via e-mail or
letter that the request was received and the date of receipt. OSEP
will respond in writing within a reasonable period of time to DES's
written requests for amendments. OSEP will review proposed
amendments for any activities to achieve compliance including tasks,
timelines and reporting requirements; DES is not required to
implement those activities that are the subject of proposed
amendments and are pending review by OSEP until OSEP has provided
its response regarding those activities. Any requests for amendments
to the compliance agreement by the State will be responded to in
writing by OSEP.
V. Current Status, Goals/Measurable Outcomes and Verification
Area 1: General Supervision
Current Status: The Department's 2000 Monitoring Report found
that DES did not have a method for identifying and correcting
noncompliance with Part C requirements. OSEP's March 15, 2004 letter
following its December 2003 verification monitoring visit to the
State confirmed that, although DES had piloted a partial monitoring
system, it did not have in place a monitoring system to ensure the
monitoring of all entities that provide Part C services as well as
monitoring for all Part C compliance requirements. In addition, the
March 15, 2004 letter documented that DES did not have in place
methods to ensure the correction of any identified noncompliance.
Outcome: DES will utilize effective monitoring and general
supervision procedures to ensure the identification and correction
of noncompliance with Part C.
Measurable Goals:
Goal 1: DES will monitor all State or contracted programs that
provide Part C services in Arizona, for compliance with all Part C
requirements.
Goal 2: DES will ensure that deficiencies identified through
monitoring are corrected in a timely manner.
Verification: In its quarterly reports to OSEP and through
additional specific reporting (as identified on the attached
workplans), DES shall submit verification that it has: (1) Revised
or replaced its interagency agreement(s) among the AzEIP
participating State agencies to address all Part C general
supervision requirements; (2) aligned policies and procedures across
agencies to include general supervision and Part C compliance issues
(on monitoring, data collection, contract review and technical
assistance); (3) implemented a monitoring system, which includes
analysis of data to identify and correct noncompliance and ensuring
correction of identified noncompliance; (4) formalized an
interagency technical assistance system; (5) revised its ACTS data
system to expand data collection and reporting functions,
incorporating timely data access and management reporting at the
local and State AzEIP offices; and (6) incorporated data elements
and reports into the data systems of other Part C participating
State agencies.
Areas 2, 3, and 4: Early Intervention Services in the Natural
Environment (EIS-NE): Timely Identification, Individualization and
Provision of All Early Intervention and Service Coordination
Services
Current Status: OSEP's 2000 monitoring report found that DES had
failed to: (1) Conduct evaluations and assessments and hold the
initial Individualized Family Service Plan (IFSP) meeting within 45
days from initial referral; (2) individualize, and provide in a
timely manner, all early intervention services identified on the
IFSP to all eligible infants and toddlers with disabilities,
including infants and toddlers on reservations; and (3) ensure that
all service coordination functions are implemented. OSEP's March 15,
2004 letter following its December 2003 verification monitoring
visit to the State confirmed that the State had not corrected these
areas of noncompliance.
Outcomes: The initial IFSP meeting will be held within 45 days
of a referral and IFSPs will be individualized based on the child
and family's unique needs. All appropriate early intervention
services will be identified on the IFSP and provided in a timely
manner along with service coordination for all eligible infants and
toddlers with disabilities, including infants and toddlers on
reservations.
Measurable Goals:
Goal 1: Initial IFSP meetings (and evaluations and assessments)
for all infants and toddlers referred to Part C shall be conducted
within 45 days of the referral.
Goal 2: All IFSPs shall contain the early intervention services
that are needed by the child and family to meet the functional
outcomes, which are based on the unique strengths and needs of the
child and the resources, priorities and concerns of the family. All
eligible infants and toddlers with disabilities and their families
shall receive the early intervention services identified on their
IFSP in a timely manner.
Goal 3: Each family shall have a single designated service
coordinator who shall: (1) Coordinate all services across agency
lines; (2) serve as the single point of contact for the family to
help it obtain the services and assistance it needs; (3) facilitate
timely delivery of available services; (4) seek appropriate services
necessary to benefit the development of each child served for the
duration of the child's eligibility; and (5) ensure that all
families receive appropriate prior written notice and understand
their procedural rights and safeguards.
Verification: In its quarterly reports to OSEP and through
additional other specific reporting (as identified on the attached
work plans), DES shall submit verification that it has: (1)
Evaluated the nature and cause of the delays in system capacity
issues (timely evaluation and assessments and provision of early
intervention services) and implemented appropriate and responsive
recruitment and retention strategies; (2) developed an interagency,
team-based service delivery model that ensures compliance with
timely identification of infants and toddlers with disabilities and
provision of services to infants and toddlers with disabilities and
their families while maximizing personnel resources; (3) ensured
that all service coordination functions are implemented statewide
and across agencies; (4) aligned policies and procedures across
agencies to ensure compliance with Part C requirements regarding the
45-day timeline, identification and timely provision of early
intervention services and service coordination functions; (5)
implemented a monitoring system, which includes analysis of data to
identify and correct noncompliance and ensuring correction of
identified noncompliance regarding 45-day timeline, identification
and timely provision of early intervention services and service
coordination functions; (6) revised its ACTS data system to expand
data collection and reporting on Part C requirements regarding 45-
day timeline, identification and timely provision of early
intervention services and service coordination functions; and (7)
incorporated data elements and reports into the data systems from
other Part C participating state agencies (to ensure compliance with
45-day timeline, identification and timely provision of early
intervention services and service coordination functions).
VI. Other Terms and Conditions
This Compliance Agreement is executed in two original
counterparts in order to provide each party with an original. DES
agrees that
[[Page 10835]]
its continued eligibility to receive Part C funds is predicated upon
compliance with statutory and regulatory requirements of that
program, which include requirements not addressed specifically by
this Agreement. Any failure by DES to comply with the goals,
objectives, timetables, verification or other provisions of the
Compliance Agreement, including the reporting requirements, will
authorize the Department to consider the agreement no longer in
effect. If DES fails to comply with the terms of the Agreement, the
Department may take any actions authorized under GEPA at 20 U.S.C.
1200 et seq. and the IDEA at 20 U.S.C. 1401 et seq. (including 1443-
1445). Such actions may include withholding of funds under the IDEA
(42 U.S.C. 1416 and 1442), referral to the Department of Justice,
and other enforcement mechanisms.
Attachments:
Attachment A: Area 1: General Supervision.
Attachment B: Areas 2, 3 and 4: Early Intervention Services in
the Natural Environment.
Attachment C: Program Self Assessment and Monitoring Cycle.
Signed for the Arizona Department of Economic Security:
Dated: December 8, 2004.
David A. Berns,
Director.
Signed for the U.S. Department of Education:
Dated: December 16, 2004.
Rod Paige,
Secretary.
Date this Compliance Agreement Becomes Effective: December 16,
2004.
(Date on which written findings of fact and decision are signed).
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[FR Doc. 05-4199 Filed 3-3-05; 8:45 am]
BILLING CODE 4000-01-C