June 6, 2008

Honorable Hank M. Bounds

State Superintendent

Mississippi Department of Education

P.O. Box 771

Jackson, MS 39205-0771

Dear Dr Bounds:

Thank you for the timely submission of Mississippi's FFY 2006 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 acknowledge the revisions to Mississippi's SPP
and APR received on April 14, 2008. We appreciate the State's efforts in
preparing these documents.

The Department has determined that, under IDEA section 616(d),
Mississippi needs intervention in meeting the requirements of Part B of
the IDEA. The Department's determination is based on the totality of the
State's data and information including the State's FFY 2006 APR and
revised SPP, other State-reported data, information obtained through our
on-site verification visit, and other publicly available information.
See the enclosure entitled "How the Department Made Determinations under
Section 616(d) of the IDEA in 2008" for further details.

The specific factor affecting OSEP's determination of needs intervention
for Mississippi was the State's failure to provide valid and reliable
data for Indicator 12 for the second consecutive year. The State
identified a very low level of compliance (29.43%) for this indicator,
while reporting that the data contain inconsistencies and are not
reliable. Under Indicator 12, the State was required to report the
percent of children referred by Part C prior to age three, who are found
eligible for Part B and who have an Individualized Education Program
(IEP) implemented by their third birthdays. The State also was unable to
provide valid and reliable data for this important compliance indicator
in the FFY 2005 APR. Without these data, OSEP and the public cannot
determine whether children transitioning from Part C to Part B in
Mississippi are receiving special education and related services by
their third birthdays or whether there are delays in the provision of
needed special education and related services for these children.

We hope that the State will be able to demonstrate that it meets
requirements in its next APR.

The enclosed table provides OSEP's analysis of the State's FFY 2006 APR
and revised SPP and identifies, by indicator, OSEP's review 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,
whether the State's data reflect progress or slippage, and whether the
State corrected noncompliance and provided valid and reliable data.

Your State may want to consider taking advantage of available sources of
technical assistance. A list of sources of technical assistance related
to the SPP/APR indicators is available by clicking on the "Technical
Assistance Related to Determinations" box on the opening page of the
SPP/APR Planning Calendar website at
<http://spp-apr-calendar.rrfcnetwork.org/>. You will be directed to a
list of indicators. Click on specific indicators for a list of centers,
documents, web seminars and other sources of relevant technical
assistance for that indicator.

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). In
addition, your State must review LEA performance against targets in the
State's SPP, determine if each LEA meets the requirements of the IDEA
and inform each LEA of its determination. For further information
regarding these requirements, see the SPP/APR Calendar at
<http://spp-apr-calendar.rrfcnetwork.org/>. Finally, if you included
revisions to baseline, targets or improvement activities in your APR
submission, and OSEP accepted those revisions, please ensure that you
update your SPP accordingly and that the updated SPP is made available
to the public.

Pursuant to section 616(d)(2)(B) of the IDEA and 34 CFR §300.603(b)(2),
a State that is determined to need intervention or need substantial
intervention, and does not agree with this determination, may request an
opportunity to meet with the Assistant Secretary for Special Education
and Rehabilitative Services to demonstrate why the Department should
change its determination. To request a hearing, submit a letter to Tracy
R. Justesen, Assistant Secretary, Office of Special Education and
Rehabilitative Services, 400 Maryland Avenue SW, Room 5107, Potomac
Center Plaza, Washington, DC 20202-2600 within 30 days of the date of
this letter and provide in the letter the basis for your request.

OSEP is committed to supporting Mississippi'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 Cynthia Bryant, your OSEP State Contact, at
202-245-7284.

 

Sincerely,

 

  /s/ William W. Knudsen

 

William W. Knudsen

Acting Director

> Office of Special Education Programs

 

Enclosures

 

cc: State Director of Special Education