October 5, 2005

Honorable William J. Moloney

Commissioner

Department of Education

201 Colfax Avenue

Denver, Colorado 80203-1799

Dear Commissioner Moloney:

The purpose of this letter is to respond to the Colorado Department of
Education's (CDE) April 1, 2005 submission of its Federal Fiscal Year
(FFY) 2003 Annual Performance Report (APR) under the Individuals with
Disabilities Education Act (IDEA) Part C for the grant period July 1,
2003 through June 30, 2004. The APR reflects actual accomplishments that
the State made during the reporting period, compared to established
objectives. The Office of Special Education Programs (OSEP) has designed
the APR under the IDEA to provide uniform reporting from States and
result in high-quality information across States.

The State's APR should reflect the collection, analysis, and reporting
of relevant data, and include specific data-based determinations
regarding performance and compliance in each of the cluster areas. This
letter responds to the State's FFY 2003 APR and CDE's plan to correct
noncompliance in the transition area, submitted to OSEP on December 7,
2004. OSEP has listed its comments by cluster area.

#### **Background**

OSEPs September 17, 2004 FFY 2002 APR response letter directed the State
to take the following actions:

> a\. Submit correction data regarding transition conferences;
>
> b\. Provide data, analysis and information regarding initial IFSP
> meetings and evaluations and assessments conducted in all five
> required developmental areas; and
>
> c\. Provide status of data collection for early childhood outcomes.

# *General Supervision*

[Identification and timely correction of noncompliance]{.underline}

On pages 21 and 22 of the FFY 2003 APR, the State included data and
analysis that demonstrated progress towards correction of noncompliance
as follows: (1) all LICCs monitored notified the local education agency
of upcoming transitions at least six months prior to the child's third
birthday and notified them of the transition conference in time to
schedule their participation; and (2) all LICCs identified as
noncompliant with transition conference timelines, submitted corrective
action plans by January 2005. On page 22 of the APR, CDE reported future
activities to ensure compliance as follows: (1) the provision of policy
clarification on transition planning and timelines; (2) the
implementation of technical assistance meetings targeted to local school
district special education directors, early intervention coordinators
and directors, and child find coordinators; and (3) the inclusion of
transition planning and timelines in service coordination core training
activities.

[Dispute resolution]{.underline}

On page 2 of the FFY 2003 APR, the State included data and analysis for
this area. One complaint and one mediation request were filed with the
lead agency for the reporting period. The complaint was timely resolved.
No due process hearings were requested. To ensure that families were
aware of their rights under Part C of IDEA, CDE focused on family
procedural safeguards within service coordination and Individualized
Family Service Plan (IFSP) training activities. On page 4 of the FFY
2003 APR, the State reported that it has implemented multiple data
system components in order to investigate and focus on compliance
requirements such as informing parents regarding their child's
procedural safeguards. OSEP looks forward to reviewing the State's data
regarding complaints, mediations and due process hearings in the State
Performance Plan (SPP), due December 2, 2005.

[Personnel]{.underline}

On pages 2 and 4 of the FFY 2003 APR, the State included data and
analysis for this area. Colorado reported that its personnel data system
reports indicated sufficient numbers of designated administrators, child
find coordinators and service providers, to meet the identified early
intervention needs of infants, toddlers and their families. The State
reported that it has continued to address the need for accurate
identification of total FTEs which is a challenge in the State's
decentralized, contracted system of personnel.

[Collection and timely reporting of accurate data]{.underline}

On pages 4 and 5 of the FFY 2003 APR, the State included data and
analysis regarding its compliance and performance in this area. CDE
reported compliance with the requirement for all local early
intervention providers to submit the required data sets, including the
section 618 data under IDEA in a timely manner, consistent with the
State's contract provisions. Examples of CDE's completed activities for
the reporting period included: (1) partnering with Part B/section 619
staff to develop and submit an evaluation plan for OSEP's General
Supervision Enhancement Grant (GSEG); and (2) ranking community data
points in time to focus monitoring activities at the local level on
statewide issues. The GSEG enabled CDE to significantly further its
efforts for an interagency, web-based data management system. OSEP looks
forward to reviewing the State's response to the indicator regarding its
reported data (618 and State Performance Plan and Annual Performance
Report) that are timely and accurate in the SPP.

## 

*Comprehensive Public Awareness and Child Find System*

On pages 7-11 of the FFY 2003 APR, the State included data and analysis
regarding its efforts to ensure compliance and improve performance in
this area. CDE provided data on the results of the State's public
awareness and child find activities as required by 34 CFR
§§303.320-303.323. Colorado reported that the number of eligible
children birth to three served in FFY 2003 was 1.7 percent in FFY 2003
of the birth-to-three population. On page 9 of the FFY 2003 APR, the
State reported that its outreach efforts to the medical community were
sufficient but that outreach to specific populations could be improved.
CDE stated that it intends to focus its efforts in the next year on
improving its outreach to the general public, particularly targeting
those communities that have lower referral and identification rates than
the State average. OSEP looks forward to reviewing the State's data in
the SPP regarding the percent of infants and toddlers birth to one and
birth to three with IFSPs compared to: (a) other states with similar
eligibility definitions; and (b) National data.

##### Family Centered Services 

On pages 12-14 of the FFY 2003 APR, the State included data and analysis
regarding its performance in this area. CDE provided data from a family
survey that was implemented during the State's 2003-2004 monitoring
cycle indicating that more than 90 percent of families perceive the
early intervention services they receive help support them to enhance
their child's development. The State reported that it was unable to
fully utilize the family survey in monitoring child and family outcomes.
However, CDE reported that it would continue to explore strategies such
as the GSEG to measure the impact of early intervention services on
child and family outcomes. OSEP appreciates the State's efforts to
improve performance in this area. OSEP looks forward to the State's
response to the family outcome indicator (#4), in the SPP.

***Early Intervention Services (EIS) in Natural Environments (NE)***

[Service coordination]{.underline}

On page 16 of the FFY 2003 APR, the State included data and analysis
regarding performance and compliance in this area. CDE reported data
indicating that 99.6 percent of eligible children had a service
coordinator that carried out their roles and responsibilities as
required by 34 CFR §303.23. On page 12 of the FFY 2003 APR, Colorado
reported the results of family surveys as follows: 64 percent of the
families indicated that their service coordinator helped them "a lot" in
making good decisions about resources, supports and services; and 30
percent of the families indicated that their service coordinator helped
them "some" in making good decisions. OSEP appreciates the State's
efforts in this area.

[Evaluation and identification of needs]{.underline}

OSEP's September 2004 letter directed the State to take the following
action: determination of compliance or noncompliance evaluations and
assessments conducted in all five developmental areas required at 34 CFR
§303.322(c)(2)(ii). On pages 16-18 of the FFY 2003 APR, the State
included data and analysis demonstrating compliance and performance in
this area. CDE's data indicated that 98.3 percent of services listed as
needed on IFSPs were provided. CDE reported that 90.3 percent of
children received a multi-disciplinary evaluation and assessment in all
five developmental areas in the initial evaluation. CDE reported that
its monitoring data, as of March 31, 2005, indicated that 95 percent of
initial evaluations were completed in all required areas in a timely
manner in all 11 LICCs monitored during this reporting period. CDE
reported the following strategies to ensure continued compliance in this
area: (1) the implementation of a family survey during monitoring visits
to document demonstrated improvement in a child's functional abilities.
(2) the establishment of baseline information for a family survey
specific to meeting the child's unique needs; (3) the implementation of
statewide trainings on the IFSP process; (4) collaboration with
Colorado's community-centered boards on local contract revisions that
reflect compliance with Part C requirements; and (5) the provision of
statewide training on "Routines-based Interviewing and Intervention."
OSEP appreciates the State's efforts in this area and looks forward to
updated data in its response to the service provision indicator in the
SPP.

[Individualized family service plans (IFSPs)]{.underline}

OSEP's September 2004 letter directed the State to: make a determination
of compliance or noncompliance regarding initial IFSP meetings held
within 45 days of receipt of an initial referral as required at 34 CFR
§§303.321(e)(2), 303.322(e)(1) and 303.342(a). On page 16 of the FFY
2003 APR, the State included data and analysis regarding noncompliance
in this area. CDE reported that 83 percent of *initial IFSP meetings*
were held within 45 days of referral as of December 2004. In a data note
dated March 31, 2005, CDE stated that *the completion* of the IFSP
process in Colorado often includes a sequence of meetings on all
strategies and services across differing service delivery systems i.e.,
the local education agency is responsible for determining Part C
eligibility and the Part C system is responsible for early intervention
service provision. By this letter, OSEP accepts the State's plan to
ensure compliance with Part C's 45-day timeline requirement and requests
that the State provide an updated progress report in response to
indicator \# 7 of the SPP and a final progress report due thirty days
following one year from the date of this letter.

[Natural environments]{.underline}

On page 16 of the FFY 2003 APR, the State included data and analysis
regarding its performance in this area. CDE reported the following data
from its statewide data system: (1) 84 percent of *all* early
intervention services on IFSPs are provided in the child's natural
environment; and (2) 96.8 percent of *some* early intervention services
on IFSPs are provided in the child's home, community-based setting, or
program for typically developing peers. OSEP looks forward to reviewing
the State's data in the SPP regarding the percent of infants and
toddlers with IFSPs who primarily receive early intervention services in
the home or programs for typically developing children.

[Early childhood outcomes]{.underline}

OSEP's September 17, 2004 FFY 2002 APR response letter directed the
State to: provide its plan and/or responsive data (whether collected
through sampling, monitoring, individual IFSP review, or other methods)
on the percentage of children participating in the Part C program who
demonstrate improved and sustained functional abilities in Part C's five
developmental areas. On page 18 of the FFY 2003 APR, CDE reported that
Part C and Part B/section 619 staff were awarded a GSEG in October 2004
to address early childhood outcomes. CDE reported that the State has
adopted the Early Childhood Outcomes Center's child outcomes statements.
Under the State's GSEG, Colorado has implemented activities such as:
stakeholder meetings on outcomes for children birth to five in early
intervention and preschool special education, and the investigation of
indicator development and measurement systems. The SPP instructions
establish a new indicator in this area, for which States must provide
entry data in the FFY 2005 APR due February 1, 2007. Absence of this
information at that time will be considered in OSEP\'s annual
determination on the status of the State\'s performance and compliance
required under section 616(d) of the IDEA. The State should carefully
review the instructions to the SPP in developing its plans for this
collection. OSEP looks forward to reviewing the State\'s plan for
collecting this data, in the SPP.

***Early Childhood Transition***

OSEP's September 2004 letter required the State to provide within 90
days from the date of the letter, the correction data that transition
conferences were held as required by 34 CFR §303.148(b)(1)(2)(i).
Colorado submitted to OSEP on December 7, 2004, a written plan,
including strategies, timelines, and evidence of change. On pages 21 and
22 of the FFY 2003 APR, the State included data and analysis
demonstrating *progress toward compliance* as follows: (1) CDE
acknowledged that it had incorrectly calculated the percentage of timely
transition plans in the FFY 2002 APR, using initiation dates instead of
transition plan completion dates; (2) all LICCs and local school
districts not in compliance with transition plan timelines submitted a
transition plan, as part of its corrective action plan to CDE by January
2005; and (3) all 11 LICCs monitored during this reporting period
notified the local education agency at least six months prior to the
child's third birthday. In an email to OSEP, dated July 29, 2005, CDE
reported June 1, 2005 data and analysis of transition data that further
verified the correction of noncompliance in this area as follows: (1) 22
of the 25 LICCs under compliance plans were in 100 percent compliance
with the 90-day timeline for convening the transition conference; and
(2) three of the 25 LICCs had improvement plans focused on entering
accurate data in this area. CDE identified personnel turnover as a
contributing factor to the data issues and stated that it is providing
intensive technical assistance and training support in Part C
requirements to ensure compliance. By this letter, OSEP accepts the
State's plan to ensure timely transition conferences. The State must
submit a progress report in the SPP and a final progress report no later
than thirty days following one year from the date of this letter that
the three LICCs have corrected this area of noncompliance.

*Conclusion*

In the State's Performance Plan, due December 2, 2005, Colorado must
submit to OSEP a report regarding its progress in ensuring compliance
with: (1) Part C's 45-day timeline requirements at 34 CFR §§
303.321(e)(2), 303.322(e)(4) and 303.342(a); and (2) the transition
planning timelines at 34 CFR §303.148(b)(2)(i), and a final progress
report no later than 30 days following one year from the date of this
letter, demonstrating compliance with both requirements.

IDEA 2004, §616, requires each State to submit a State Performance Plan
(SPP) that measures performance on monitoring priorities and indicators
established by the Department. These priorities and indicators are, for
the most part, similar to clusters and probes in the APR. OSEP
encourages the State to carefully consider the comments in this letter
as it prepares its SPP, due December 2, 2005.

OSEP recognizes that the APR and its related activities represent only a
portion of the work in your State and looks forward to collaborating
with you as you continue to improve results for infants and toddlers
with disabilities and their families. If you have questions, please
contact Jacquelyn Twining-Martin at (202) 245-7558.

> Sincerely,
>
> /s/Troy R. Justesen
>
> Troy R. Justesen
>
> Acting Director
>
> Office of Special Education Programs

cc: Susan Smith

Part C Coordinator