POLICY LETTER: September 16, 2010 to Florida Infants and Young Children Executive Director Pat Grosz

September 16, 2010Ms. Pat Grosz, R.N., Ph.D.Executive DirectorInfants and Young Children 1308 W. Sligh Avenue Tampa, Florida 82485Dear Dr. Grosz:This letter is in response to your March 26, 2010 letter regarding the 100% standard for targets for all compliance indicators in the State's Performance Plan (SPP), which is required under sections 616 and 642 of the Individuals with Disabilities Education Act (IDEA). You indicate that you are writing to "express how the impact of standards that require 100% compliance for all [compliance indicator] targets impact the local programs that struggle to try to meet this standard given that they all are hampered with major constraints related to budget, personnel, and time" and ask that this standard be reconsidered.Under IDEA sections 616(b) and 642, States originally submitted an SPP on December 3, 2005, and are required to update their SPPs and submit annual performance reports (APRs) under their SPPs. Each State is required to collect valid and reliable data as needed to report annually to the Secretary on each of the indicators established by the Secretary. The IDEA Part C SPP/APR includes fourteen indicators: seven compliance indicators and seven results indicators. For compliance indicators, each State is required to have a target of 100 percent. For results indicators, each State is required to establish (with stakeholder input) measurable and rigorous targets that reflect improvement over the State's baseline data.Under IDEA sections 616(d) and 642, the Department must issue annual determinations for each State under IDEA Parts B and C, based in part on the data in the State's SPP/APR. The Department must determine if each State "meets requirements" of IDEA Part C, or "needs assistance," "needs intervention," or "needs substantial intervention" in implementing Part C of the IDEA, and take specific appropriate enforcement action under IDEA sections 616(e) and 642. The Department has issued determinations each year from 2007 through 2010, based on the totality of each State's data, including the data in States' SPP/APRs.Each State must: (1) review early intervention service (EIS) program performance against each target in the State's SPP; (2) determine if each EIS program "meets requirements" of IDEA Part C, or "needs assistance," "needs intervention," or "needs substantial intervention" in implementing Part C of the IDEA; (3) take appropriate enforcement actions; and (4) inform each EIS program of its determination. Under IDEA sections 616(b)(2)(C)(ii) and 642, each State must report annually to the public on the performance of each of its EIS programs according to the targets identified in its SPP, and post this report on its Web site.Page 2 Ms. Pat Grosz, RN, Ph.D.The following SPP/APR indicators are the IDEA Part C compliance indicators (i.e., they reflect legal requirements of Part C of the IDEA and its applicable regulations): (1) C-I, Timely service provision (34 CFR 303.340(c), 303.342(e), and 303.344(f)(1)); (2) C-7, 45-day Timeline (34 CFR 303.321(e)(2), 303.322(e)(1), and 303.342(a)); (3) C-8, Early childhood transition (34 CFR 303.148 as modified by IDEA section 637(a)(9)(A)); (4) C-9, Part C Timely correction (34 CFR 303.501); (5) C-10, Timely complaint resolution (34 CFR 303Melody Musgrove, Ed.DDirectorOffice of Special Education Programscc: Lynn Marie Price