## Table B -- Part C -- South Carolina

# Previously Identified Issues 

# (This table addresses the requirements of the September 9, 2003 Compliance Agreement -- 

# there were no additional required actions in OSEP's September 1 , 2005 response to the State's FFY 2003 APR.)

+---------------+------------------+-----------------+----------------+
| **Issue**     | ##               | **OSEP          | **Required     |
|               | State Submission | Analysis**      | Action**       |
+===============+==================+=================+================+
| I             | #### Indicator 1 | \(1\) The State | OSEP looks     |
| dentification |                  | did not provide | forward to     |
| and Timely    | \(1\) DHEC       | specific        | reviewing the  |
| Provision of  | reported         | monitoring or   | State's data   |
| all Early     | generally on its | other data      | regarding      |
| Intervention  | monitoring       | regarding       | these two      |
| Services on   | efforts in       | correction of   | requirements   |
| I             | Indicator 9.     | this finding.   | in the         |
| ndividualized |                  | It must include | Progress       |
| Family        | \(2\) In its     | data            | Reports due    |
| Service Plans | response to      | demonstrating   | under the      |
| (IFSPs)       | Indicator 1 in   | compliance by   | Compliance     |
|               | the SPP,         | no later than   | Agreement      |
| The           | specifically the | its September   | (March 31,     |
| Department's  | timely Part C    | 20, 2006 final  | 2006, June 30, |
| September 9,  | service          | Progress Report | 2006 and data  |
| 2003          | provision        | under the       | demonstrating  |
| Compliance    | requirements in  | Compliance      | compliance     |
| Agreement     | 34 CFR           | Agreement.      | with these     |
| with the      | §§303.340(c),    |                 | requirements   |
| Department of | 303.342(e) and   | \(2\) The State | in the final   |
| Health and    | 303.344(f)(1),   | reported a      | Progress       |
| Environmental | the State        | 94.3% level of  | Report by      |
| Control       | reported the     | compliance with | September 30,  |
| (DHEC)        | following        | the service     | 2006).         |
| requires      | baseline data    | provision       |                |
| that:         | for FFY 2004:    | requirements in |                |
|               | 94.3% of infants | 34 CFR          |                |
| \(1\) DHEC    | and toddlers     | §§303.340(c),   |                |
| must ensure   | with IFSPs       | 303.342(e) and  |                |
| that all      | received the     | 303.344(f)(1).  |                |
| early         | early            | While this      |                |
| intervention  | intervention     | level of        |                |
| services      | services on      | compliance is   |                |
| needed by an  | their IFSPs in a | below 100% and  |                |
| eligible      | timely manner    | requires        |                |
| infant or     | (defined as 30   | continued       |                |
| toddler with  | calendar days    | implementation  |                |
| a disability  | from parent      | of improvement  |                |
| and the       | consent).        | activities to   |                |
| child's       |                  | achieve full    |                |
| family are    | In its February  | compliance,     |                |
| identified on | 6, 2006          | OSEP recognizes |                |
| the IFSP,     | Compliance       | the effort made |                |
| including any | Agreement        | by the State in |                |
| family        | Progress Report  | working toward  |                |
| training,     | (that reported   | compliance with |                |
| counseling    | data from        | this            |                |
| and home      | November 2005),  | requirement.    |                |
| visits.       | the State        |                 |                |
|               | reported that    | Under the       |                |
| \(2\) DHEC    | 5.7% of infants  | Compliance      |                |
| must ensure   | and toddlers     | Agreement, the  |                |
| that all      | with             | State has made  |                |
| early         | disabilities and | substantial     |                |
| intervention  | their families   | progress in not |                |
| services      | were waiting for | only its        |                |
| identified by | IFSP services    | ability to      |                |
| the IFSP team | for more than 30 | collect and     |                |
| are provided  | days.            | report data     |                |
| in a timely   |                  | regarding this  |                |
| manner to     |                  | requirement,    |                |
| infants and   |                  | but also        |                |
| toddlers with |                  | significant     |                |
| disabilities  |                  | improvement in  |                |
| and their     |                  | ensuring        |                |
| families, and |                  | compliance.     |                |
| that the      |                  |                 |                |
| present level |                  |                 |                |
| of            |                  |                 |                |
| functioning   |                  |                 |                |
| for each      |                  |                 |                |
| developmental |                  |                 |                |
| area is       |                  |                 |                |
| identified on |                  |                 |                |
| each IFSP.    |                  |                 |                |
|               |                  |                 |                |
| **(34 CFR     |                  |                 |                |
| §§3           |                  |                 |                |
| 03.322(a)(1), |                  |                 |                |
| 303.340(c),   |                  |                 |                |
| 303.342(e)    |                  |                 |                |
| and           |                  |                 |                |
| 303           |                  |                 |                |
| .344(f)(1))** |                  |                 |                |
+---------------+------------------+-----------------+----------------+
| **[Child      | #### In          | In OSEP's July  | In its June    |
| Find/Public   | dicators 5 and 6 | 5, 2005 letter  | 30, 2006       |
| Awareness]{   |                  | to the State,   | Progress       |
| .underline}** | In its response  | OSEP stated     | Report due     |
|               | to Indicators 5  | that, as        | under the      |
| The           | and 6 in the     | verified in     | Compliance     |
| Department's  | SPP, the State   | quarterly       | Agreement, the |
| September 9,  | reported the     | reports to      | State must     |
| 2003          | following        | OSEP,           | explain        |
| Compliance    | baseline         | interviews with | whether the    |
| Agreement     | performance      | DHEC staff and  | SPOE referral  |
| with South    | data:            | local           | process is     |
| Carolina      |                  | providers, the  | required to    |
| requires that | -   FFY 2004     | data            | achieve the    |
| DHEC must     |     baseline for | demonstrated    | goals under    |
| ensure that a |     0-3 with     | improvement in  | the Compliance |
| coordinated   |     IFSPs = 1.4  | the State's     | Agreement and, |
| child find    |     %            | identification  | if so, whether |
| system        |                  | of infants and  | implementation |
| results in    | -   FFY 2004     | toddlers and    | will occur by  |
| the           |     baseline for | their families  | September 9,   |
| i             |     0-1 with     | who are         | 2006.          |
| dentification |     IFSPs = 0.7  | eligible for    |                |
| of all        |     %            | early           |                |
| eligible      |                  | intervention    |                |
| infants and   | The State has    | services, and   |                |
| toddlers with | reported in its  | improvements in |                |
| disabilities  | Compliance       | the State's     |                |
| and that      | Agreement        | collection of   |                |
| public        | Progress Reports | referral        |                |
| awareness     | on its           | information on  |                |
| materials     | implementation   | u               |                |
| about the     | of its child     | nderrepresented |                |
| infants and   | find efforts and | populations     |                |
| toddlers with | public awareness | (including the  |                |
| disabilities  | activities;      | types of        |                |
| program are   | however, its     | referral        |                |
| made          | February 6, 2006 | sources and the |                |
| available to  | Progress Report  | numbers of      |                |
| the public,   | indicated that   | children found  |                |
| including     | the Single Point | eligible for    |                |
| rural,        | of Entry (SPOE)  | the early       |                |
| minority and  | referral process | intervention    |                |
| und           | has not yet been | services).      |                |
| errepresented | fully            |                 |                |
| populations.  | implemented.     | The State also  |                |
|               |                  | reported on     |                |
| **(34 CFR     |                  | implementation  |                |
| §303.321(a)   |                  | of its          |                |
| through       |                  | activities.     |                |
| (c))**        |                  | However, OSEP   |                |
|               |                  | cannot          |                |
|               |                  | determine the   |                |
|               |                  | impact of the   |                |
|               |                  | delay in        |                |
|               |                  | implementation  |                |
|               |                  | of the SPOE     |                |
|               |                  | referral        |                |
|               |                  | process on the  |                |
|               |                  | State's child   |                |
|               |                  | find efforts,   |                |
|               |                  | and whether     |                |
|               |                  | this proposed   |                |
|               |                  | activity under  |                |
|               |                  | the Compliance  |                |
|               |                  | Agreement is    |                |
|               |                  | required for    |                |
|               |                  | South Carolina  |                |
|               |                  | to achieve its  |                |
|               |                  | goals.          |                |
+---------------+------------------+-----------------+----------------+
| **[Timely/    | **[Indicator     | \(1\) The State | OSEP looks     |
| Comprehensive | 7]{.underline}** | reported a      | forward to     |
| Evaluation]{  |                  | 95.5% level of  | reviewing the  |
| .underline}** | \(1\) In its     | compliance with | State's data   |
|               | response to      | the requirement | regarding      |
| The           | Indicator 7 in   | at 34 CFR       | these two      |
| Department's  | the SPP, the     | §               | requirements   |
| September 9,  | State reported   | §303.321(e)(2), | in the         |
| 2003          | the following    | 303.322(e)(1)   | Progress       |
| Compliance    | baseline data    | and 303.342(a). | Reports due    |
| Agreement     | for FFY 2004:    | While this      | under the      |
| with South    | for 95.5% of     | level of        | Compliance     |
| Carolina      | eligible infants | compliance is   | Agreement      |
| requires that | and toddlers     | below 100% and  | (March 31,     |
| DHEC must     | with IFSPs, an   | requires        | 2006, June 30, |
| ensure that   | evaluation and   | continued       | 2006 and data  |
| all infants   | assessment and   | implementation  | demonstrating  |
| and toddlers  | an initial IFSP  | of improvement  | compliance     |
| referred to   | meeting were     | activities to   | with these     |
| Part C        | conducted within | achieve full    | requirements   |
| receive (1)   | Part C's 45-day  | compliance,     | in the final   |
| timely; and   | timeline. In its | OSEP recognizes | Progress       |
| (2)           | February 6, 2006 | the effort made | Report by      |
| comprehensive | Compliance       | by the State in | September 30,  |
| evaluations   | Agreement        | working toward  | 2006).         |
| in all five   | Progress Report, | compliance with |                |
| developmental | the State        | this            |                |
| areas, such   | reported that    | requirement.    |                |
| that          | the timeline for | Under the       |                |
| evaluations   | 4.4% of IFSPs    | Compliance      |                |
| and           | exceeded 45 days | Agreement, the  |                |
| assessments   | from referral.   | State has made  |                |
| are completed |                  | substantial     |                |
| within 45     | \(2\) The State  | progress in not |                |
| days of       | did not provide  | only its        |                |
| referral to   | data regarding:  | ability to      |                |
| enable the    | (a) whether      | collect and     |                |
| initial IFSP  | children receive | report data     |                |
| team meeting  | evaluations in   | regarding this  |                |
| to be         | all five         | requirement,    |                |
| convened in   | developmental    | but also        |                |
| that time     | areas (as        | significant     |                |
| period.       | required by 34   | improvement in  |                |
|               | CFR              | ensuring        |                |
| **(34 CFR     | §§303.322(a)(1)  | compliance by   |                |
| §§            | and              | examining       |                |
| 303.322(a)(1) | 303              | causes for      |                |
| and           | .322(c)(3)(ii)); | delay.          |                |
| 303.32        | and (b) as noted |                 |                |
| 2(c)(3)(ii)); | in Indicator 1   | \(2\) The State |                |
| (34 CFR       | above, whether   | did not provide |                |
| §§3           | the present      | data regarding  |                |
| 03.321(e)(2), | levels of        | whether         |                |
| 303.322(e)(1) | functioning are  | children        |                |
| and           | reflected on     | receive         |                |
| 303.342(a))** | IFSPs (as        | evaluations in  |                |
|               | required by 34   | all five        |                |
|               | CFR              | developmental   |                |
|               | §303.344(a)).    | areas (as       |                |
|               |                  | required by 34  |                |
|               |                  | CFR             |                |
|               |                  | §§303.322(a)(1) |                |
|               |                  | and             |                |
|               |                  | 303.            |                |
|               |                  | 322(c)(3)(ii)). |                |
+---------------+------------------+-----------------+----------------+
| **[Transition | #### Indicator 8 | In the SPP, the | OSEP looks     |
| Planning]{    |                  | State reported  | forward to     |
| .underline}** | In its response  | a 95% level of  | reviewing the  |
|               | to Indicator 8   | compliance with | State's data   |
| The           | in the SPP, the  | the             | regarding the  |
| Department's  | State reported   | requirements    | requirements   |
| September 9,  | the following    | of:             | of 8A, 8B and  |
| 2003          | baseline data    |                 | 8C in the      |
| Compliance    | for FFY 2004:    | 8A: 34 CFR      | Progress       |
| Agreement     |                  | §§303.148(b)(4) | Reports due    |
| with South    | -   **8A**: 95%  | and 303.344(h); | under the      |
| Carolina      |     of records   |                 | Compliance     |
| requires that |     included a   | ###             | Agreement      |
|               |     transition   |  8B: 34 CFR §30 | (March 31,     |
| DHEC must     |     plan;        | 3.148(b)(1) and | 2006, June 30, |
| conduct       |                  |                 | 2006 and data  |
| timely and    | -   **8B**: 95%  | 8C: 34 CFR      | demonstrating  |
| conten        |     were         | §30             | compliance     |
| t-appropriate |     referred to  | 3.148(b)(2)(i). | with these     |
| transition    |     Part B prior |                 | requirements   |
| planning,     |     to the       | While the       | in the final   |
| including     |     child's      | levels of       | Progress       |
| transition    |     third        | compliance for  | Report by      |
| meetings for  |     birthday;    | 8A, 8B, and 8C  | September 30,  |
| children who  |     and          | are below 100%  | 2006).         |
| are           |                  | and require     |                |
| transitioning | -   **8C**: 95%  | continued       | The State must |
| from Part C   |     completed    | implementation  | report both    |
| to Part B of  |     timely       | of improvement  | the percentage |
| IDEA,         |     transition   | activities to   | compliance     |
| including     |     conferences. | achieve full    | calculation as |
| IFSP          |                  | compliance,     | well as the    |
| transition    | The State also   | OSEP recognizes | underlying     |
| planning, LEA | reported in its  | the effort made | numbers used   |
| notification  | February 6, 2006 | by the State in | to determine   |
| and timely    | Compliance       | working toward  | compliance     |
| transition    | Agreement        | compliance with | (and report    |
| conferences.  | Progress Report  | this            | separately for |
| For families  | that 175         | requirement.    | 8C the number  |
| transitioning | children were    |                 | of delays      |
| to other      | overdue for LEA  | OSEP could not  | attributable   |
| programs,     | notification     | determine the   | to lack of     |
| DHEC must     | under 8B, and    | level of        | family         |
| develop       | 115 were overdue | compliance from | concurrence    |
| conten        | for a timely     | the February 6, | for the        |
| t-appropriate | transition       | 2006 Progress   | conference or  |
| transition    | conference under | Report, because | documented     |
| plans and     | 8C.              | the State did   | exceptional    |
| make          |                  | not report      | child or       |
| reasonable    |                  | information     | family         |
| efforts to    |                  | required to     | c              |
| convene a     |                  | complete the    | ircumstances). |
| transition    |                  | compliance      |                |
| conference.   |                  | calculation,    |                |
|               |                  | including the   |                |
| **(34 CFR     |                  | number of       |                |
| §§3           |                  | children        |                |
| 03.148(b)(1), |                  | exiting Part C. |                |
| 303.          |                  | The State       |                |
| 148(b)(2)(i), |                  | provided        |                |
| 303.148(b)(4) |                  | numbers, but it |                |
| and           |                  | was unclear     |                |
| 303.344(h))** |                  | what the        |                |
|               |                  | denominators    |                |
|               |                  | were, so OSEP   |                |
|               |                  | could not       |                |
|               |                  | compare the     |                |
|               |                  | data in the     |                |
|               |                  | Progress Report |                |
|               |                  | with those in   |                |
|               |                  | the SPP.        |                |
+---------------+------------------+-----------------+----------------+
| **[General    | **[Indicator     | The data in the | The State      |
| Supervision]{ | 9]{.underline}** | SPP show that   | must, no later |
| .underline}** |                  | the State is    | than September |
|               | In its response  | effective in    | 30, 2006 (the  |
| The           | to Indicator 9   | identifying     | date of the    |
| Department's  | in the SPP, the  | noncompliance,  | State's final  |
| September 9,  | State reported   | but not in its  | Progress       |
| 2003          | that it began    | ability to      | Report under   |
| Compliance    | monitoring       | ensure timely   | the Compliance |
| Agreement     | visits to the    | correction of   | Agreement),    |
| with South    | health districts | noncompliance   | provide        |
| Carolina      | in August 2004,  | as required     | documentation  |
| requires that | and has          | under 34 CFR    | that it is     |
|               | conducted        | §303.501(b).    | effective in   |
| DHEC must     | quarterly visits |                 | ensuring that  |
| meet its      | since then. The  |                 | all identified |
| general       | State indicated  |                 | noncompliance, |
| supervision   | that on- and     |                 | including      |
| res           | off-site         |                 | noncompliance  |
| ponsibilities | monitoring       |                 | that is        |
| and monitor   | reports were     |                 | "systemic" and |
| for           | completed within |                 | "must be       |
| compliance    | 30 days after    |                 | corrected at   |
| with regard   | the review, and  |                 | the State      |
| to all        | that report      |                 | level," is     |
| requirements  | findings are     |                 | corrected      |
| of Part C,    | incorporated     |                 | within one     |
| including     | into BabyNet     |                 | year from      |
| employing     | Coordination     |                 | i              |
| appropriate   | Team             |                 | dentification. |
| methods of    | Compli           |                 |                |
| administering | ance/Improvement |                 | In that final  |
| the Part C    | Plans.           |                 | report, and in |
| program,      |                  |                 | the quarterly  |
| including     | On page 22 of    |                 | reports due    |
| monitoring    | the SPP, the     |                 | March 31, 2006 |
| State         | State reported,  |                 | and June 30,   |
| agencies,     | as baseline for  |                 | 2006, the      |
| institutions, | the percentage   |                 | State must     |
| organizations | of findings of   |                 | provide the    |
| and private   | noncompliance    |                 | following      |
| providers     | corrected within |                 | documentation: |
| that are part | one year from    |                 |                |
| of the Part C | identification,  |                 | 1.  a list of  |
| system, and   | that             |                 |     agencies   |
| enforcing     | "Approximately   |                 |     or         |
| obligations   | 80% of the areas |                 |     providers  |
| against and   | of               |                 |     in which   |
| providing     | non-compliance   |                 |     DHEC found |
| training and  | identified were  |                 |                |
| technical     | not corrected    |                 | noncompliance, |
| assistance to | within a year    |                 |     the date   |
| all such      | because they are |                 |     on which   |
| entities and  | due to systemic  |                 |     the        |
| individuals,  | issues and must  |                 |     finding    |
| when          | be corrected at  |                 |     was made   |
| identified as | the state        |                 |     and the    |
| part of a     | level."          |                 |     corrective |
| required      |                  |                 |     actions    |
| improvement   |                  |                 |     DHEC       |
| strategy.     |                  |                 |     required   |
|               |                  |                 |     the agency |
| **(34 CFR     |                  |                 |     or         |
| §§3           |                  |                 |     provider   |
| 03.501(b)(1), |                  |                 |     to take;   |
| 303.501(b)(2) |                  |                 |                |
| and           |                  |                 | 2.  any        |
| 303           |                  |                 |     correction |
| .501(b)(3))** |                  |                 |     data       |
|               |                  |                 |     provided   |
|               |                  |                 |     by that    |
|               |                  |                 |     agency or  |
|               |                  |                 |     provider;  |
|               |                  |                 |                |
|               |                  |                 | 3.  the status |
|               |                  |                 |     of         |
|               |                  |                 |     correction |
|               |                  |                 |     of the     |
|               |                  |                 |                |
|               |                  |                 | noncompliance; |
|               |                  |                 |     and        |
|               |                  |                 |                |
|               |                  |                 | 4.  the        |
|               |                  |                 |     actions    |
|               |                  |                 |     taken by   |
|               |                  |                 |     DHEC,      |
|               |                  |                 |     including  |
|               |                  |                 |     sanctions, |
|               |                  |                 |     to ensure  |
|               |                  |                 |     the timely |
|               |                  |                 |     correction |
|               |                  |                 |     of         |
|               |                  |                 |                |
|               |                  |                 |  noncompliance |
|               |                  |                 |     by         |
|               |                  |                 |     agencies   |
|               |                  |                 |     or         |
|               |                  |                 |     providers  |
|               |                  |                 |     that have  |
|               |                  |                 |     not        |
|               |                  |                 |     ensured    |
|               |                  |                 |     such       |
|               |                  |                 |     correction |
|               |                  |                 |     within one |
|               |                  |                 |     year.      |
+---------------+------------------+-----------------+----------------+