# June 6, 2008

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# Honorable Tom Horne

# Superintendent of Public Instruction

State Department of Education

1535 West Jefferson Street

Phoenix, Arizona 85007

Dear Superintendent Horne:

Thank you for the timely submission of Arizona'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 Arizona'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), Arizona
needs assistance 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, 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.

Specific factors affecting OSEP's determination of needs assistance for
Arizona included that the State: 1) reported 84% for Indicator 11 with
slippage from 86%; 2) reported 57% for Indicator 13 with slippage from
83%; 3) reported 82% for Indicator 12 with progress from 63%; and 4)
reported 93% compliance for Indicator 15 with progress from 92%. For
these reasons, we were unable to determine that your State met
requirements under section 616(d). OSEP notes that the State reported
high levels of compliance for Indicators 9, 10, 16 and 17. We also note
that the State provided valid and reliable FFY 2006 data for each
Indicator. 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.

The State's determination for the FFY 2005 APR also was needs
assistance. In accordance with section 616(e) of the IDEA and 34 CFR
§300.604, if a State is determined to need assistance for two
consecutive years, the Secretary must take one or more of the following
actions: 1) Advise the State of available sources of technical
assistance that may help the State address the areas in which the State
needs assistance; 2) Direct the use of State-level funds on the area or
areas in which the State needs assistance; or 3) Identify the State as a
high-risk grantee and impose special conditions on the State's Part B
grant award. Pursuant to these requirements, the Secretary is advising
the State of available sources of technical assistance related to
Indicator 11, (timely evaluations); Indicator 12 (early childhood
transition); Indicator 13 (secondary transition) and Indicator 15
(correction of noncompliance). A list of sources of technical assistance
related to these 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/]{.underline}](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.

Your State must report with its FFY 2007 APR submission due February 1,
2009 on: 1) the technical assistance sources from which the State
received assistance and 2) what actions the State took as a result of
that technical assistance. The extent to which your State takes
advantage of available technical assistance may affect the actions we
take under section 616 should your State not be identified as meets
requirements next year.

As required by section 616(e)(7) and 34 CFR §300.606, the State must
notify the public that the Secretary of Education has taken the above
enforcement action. This notification must be sufficient to notify the
public within the State and may include such mechanisms as posting on
the agency's website, distribution through the media and distribution
through public agencies.

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.

OSEP is committed to supporting Arizona'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 Debra Jennings, your OSEP State Contact, at
202-245-7389.

 

Sincerely,

 

  /s/ William W. Knudsen

 

William W. Knudsen

Acting Director

> Office of Special Education Programs

 

Enclosures

 

cc: State Director of Special Education