June 15, 2007

Honorable James M. McBride

State Superintendent of Public Instruction

Wyoming Department of Education

2300 Capitol Avenue, 2^nd^ Floor

Hathaway Building

Cheyenne, Wyoming 82002-0050

Dear Superintendent Mc Bride:

Thank you for the timely submission of Wyoming's Annual Performance
Report (APR) and revised State Performance Plan (SPP) under Part B of
the Individuals with Disabilities Education Act (IDEA), as amended in
2004. We also appreciate the revisions to Wyoming's SPP received on
April 25, 2007.

As you know, under IDEA section 616, each State has an SPP that
evaluates the State's efforts to implement the requirements and purposes
of Part B of the IDEA and describes how the State will improve its
implementation of Part B. In the revised SPP due by February 1, 2007,
States were required to provide information on: (1) specific new
indicators; and (2) correction of any deficiencies identified in the
Office of Special Education Programs' (OSEP's) SPP response letter sent
to your State last year. States were also required to submit by February
1, 2007, an APR for Federal fiscal year (FFY) 2005 that describes the
State's: (1) progress or slippage in meeting the measurable and rigorous
targets established in the SPP; and (2) any revisions to the State's
targets, improvement activities, timelines or resources in the SPP and
justifications for the revisions. We appreciate the State's efforts in
preparing the FFY 2005 APR and revised SPP.

The Department has reviewed the information provided in the State's FFY
2005 APR and revised SPP, other State-reported data, information
obtained through monitoring visits, and other public information and has
determined that, under IDEA section 616(d), Wyoming meets the
requirements of Part B of the IDEA. Thank you for your efforts to
improve results for children and youth with disabilities.

The Department's determination is based on the totality of the State's
data in its SPP/APR and other publicly available information, including
any compliance issues. The factors in States' FFY 2005 APR and February
1, 2007 SPP submissions that affected the Department's determinations
were whether the State: (1) provided valid and reliable FFY 2005 data
that reflect the measurement for each indicator, and if not, whether the
State provided a plan to collect the missing or deficient data; and (2)
for each compliance indicator that was not new (a) demonstrated
compliance or timely corrected noncompliance, and (b) in instances where
it did not demonstrate compliance, had nonetheless made progress in
ensuring compliance over prior performance in that area. We also
considered whether the State had other IDEA compliance issues that were
identified previously through the Department's monitoring, audit or
other activities, and the State's progress in resolving those problems.
See the enclosure entitled "How the Department Made Determinations under
Section 616(d) of the IDEA in 2007" for further details.

Specific factors affecting OSEP's determination of meets requirements
for Wyoming included the following: (1) the State provided valid and
reliable FFY 2005 data for the measurement for each compliance
indicator; (2) the State reported 100% compliance for Indicators 15, 16,
and 17; (3) the State reported 68.29% compliance for Indicator 12, but
reported that all noncompliance identified in FFY 2004 had been
corrected; and (4) with the exception of Indicator 2, the State provided
valid and reliable FFY 2005 data for the measurement for each
performance indicator. We commend the State for its performance.

Although the State did not provide FFY 2005 data for Indicator 2, the
State indicated that it was that it is in the process of changing the
timing of its collection of drop-out data for students with disabilities
in order to allow for verification and clean-up of the data for the next
APR submission to ensure timely reporting of data for this indicator in
the future. Therefore, our meets requirements determination for Wyoming
is based on our expectation that the State will report FFY 2005 and FFY
2006 data for Indicator 2 in the next APR.

The Table enclosed with this letter provides OSEP's analysis of the
State's FFY 2005 APR and revised SPP and identifies, by indicator,
OSEP's review and acceptance of any revisions made by the State to its
targets, improvement activities (timelines and resources) and baseline
data in the State's SPP. It also identifies, by indicator, the State's
status in meeting its targets, and whether the State's data reflect
progress or slippage, and whether the State corrected noncompliance and
provided valid and reliable data. The table also lists, by indicator,
any additional information the State must include in the FFY 2006 APR
or, as needed, the SPP due February 1, 2008, to address the problems
OSEP identified in the revised SPP or FFY 2005 APR. The State must
provide this required information. We plan to factor into our
determinations next year whether or not States provided the additional
information requested in this table in their FFY 2006 APR, due February
1, 2008, and may take other actions as well, if the State's data, or
lack of data, regarding these issues indicates continuing noncompliance.

As you know, your State must report annually to the public on the
performance of each local educational agency (LEA) located in the State
on the targets in the SPP under IDEA section 616(b)(2)(C)(ii)(l). The
requirement for public reporting on LEA performance is a critical
provision in ensuring accountability and focusing on improved results
for children with disabilities. Please have your staff notify your OSEP
State Contact when and where your State makes available its public
report on LEA performance. In addition, States must review LEA
performance against targets in the State's SPP, especially the
compliance indicators, determine if each LEA meets the requirements of
the IDEA and inform each LEA of its determination. For further
information regarding these requirements, see SPP/APR Guidance Materials
at <http://www.rrfcnetwork.org/>.

We hope that the State found helpful, and was able to benefit from, the
monthly technical assistance conference calls conducted by this Office,
ongoing consultation with OSEP State Contacts and OSEP-funded Technical
Assistance Center staff, materials found on the IDEA 2004 website, and
attendance at OSEP-sponsored conferences. OSEP will continue to provide
technical assistance opportunities to assist your State as it works to
improve performance under Part B of the IDEA. If you have any feedback
on our past technical assistance efforts or the needs of States for
guidance, we would be happy to hear from you as we work to develop
further mechanisms to support State improvement activities.

OSEP is committed to supporting Wyoming's efforts to improve results for
children with disabilities and looks forward to working with your State
over the next year. If you have any questions, would like to discuss
this further, or want to request technical assistance, please do not
hesitate to call Susan Falkenhan, your OSEP State Contact, at
202-245-7242.

 

Sincerely,

 

  /s/ Patricia J. Guard

 

Patricia J. Guard

Acting Director

> Office of Special Education Programs

 

Enclosures

 

cc: State Director of Special Education