TEDI provides the USBE and the LEAs with the necessary census data to ensure timely transitions from Part C to Part B. These transition data were collected from July 1, 2020, through June 30, 2021. In the process of reviewing LEA data on this Indicator, the USBE followed guidance provided in the OSEP 09-02 Memo. Noncompliance with timelines for Indicator 12 (34 CFR § 300.124) is identified during an annual review of the TEDI statewide database by the USBE and included with general supervision data.

########## Provide additional information about this indicator (optional)

During the APR Summit, a review of baselines for Indicator 12 was conducted to determine if baselines should remain or be updated. Consideration was given for the impacts of COVID-19. Stakeholders reviewed historical data and projections for where the State would be in 2025 - 2026 if all things stayed the same. Choosing a baseline from a year prior to COVID-19 reflects Utah student abilities in a typical school year and was determined to be appropriate. Noncompliance identified for Indicator 12 is reported to OSEP upon identification. The LEA is notified as soon as possible of findings of noncompliance, and, in no case, longer than three months after discovery. LEAs are not provided an opportunity to correct the noncompliance before the finding is issued consistent with OSEP Guidance (https://www.schools.utah.gov/file/bc1fec07-59d6-4d21-86fb-a29273e6e44a). OSEP's response to the February 2022 submission stated an attachment on Indicator 12 was not 508 compliant. During the clarification call on 4/20/2022, OSEP representatives verified no attachments were included for Indicator 12.

########## Correction of Findings of Noncompliance Identified in FFY 2019

Findings of Noncompliance Identified of Noncompliance Identified	Findings of Noncompliance Verified as Corrected Within One Year	Findings of Noncompliance Subsequently Corrected	Findings Not Yet Verified as Corrected
128	128	0	0

########## FFY 2019 Findings of Noncompliance Verified as Corrected Describe how the State verified that the source of noncompliance is correctly implementing the regulatory requirements

In FFY 2019, 128 students were not evaluated for Part B prior to their third birthdays. Of those students, 126 were not evaluated due to school closures related to COVID-19. The remaining two students were not evaluated due to noncompliant LEA policies. The USBE required the LEA policies be updated. The USBE Preschool Special Education Specialist has reviewed the updated policies and confirmed they are now compliant. The USBE Preschool Special Education Specialist also provided technical assistance to each LEA that was issued findings of noncompliance. Due to the school closures related to the COVID-19 pandemic, these sessions were completed virtually with LEA preschool leadership. Additionally, the USBE Preschool Special Education Specialist reviewed additional files in each identified LEA to ensure the regulatory requirements are being correctly implemented.

########## Describe how the State verified that each individual case of noncompliance was corrected

The USBE Special Education Preschool Specialist reviewed the data in the TEDI system to verify each individual case of noncompliance was corrected to ensure students were evaluated for special education eligibility as soon as possible, and, in no case later, than one year. All IEPs impacted by the spring/summer 2020 COVID-19 school closures were completed by the submission date of the FFY 2019 APR.

########## Correction of Findings of Noncompliance Identified Prior to FFY 2019

Year Findings of Noncompliance Were Identified Findings of Noncompliance Were Identified	Findings of Noncompliance Not Yet Verified as Corrected as of FFY 2019 APR	Findings of Noncompliance Verified as Corrected	Findings Not Yet Verified as Corrected

### 12 - Prior FFY Required Actions

In reporting its FFY 2020 data in the FFY 2020 SPP/APR, the State must clarify whether, in circumstances where the State is unable to verify correction of noncompliance consistent with OSEP Memo 09-02 within the three-week window, findings are issued to LEAs regardless of the level of noncompliance identified. Because the State reported less than 100% compliance for FFY 2019, the State must report on the status of correction of noncompliance identified in FFY 2019 for this indicator. When reporting on the correction of noncompliance, the State must report, in the FFY 2020 SPP/APR, that it has verified that each LEA with noncompliance identified in FFY 2019 for this indicator: (1) is correctly implementing the specific regulatory requirements (i.e., achieved 100% compliance) based on a review of updated data such as data subsequently collected through on-site monitoring or a State data system; and (2) has corrected each individual case of noncompliance, unless the child is no longer within the jurisdiction of the LEA, consistent with OSEP Memo 09-02. In the FFY 2020 SPP/APR, the State must describe the specific actions that were taken to verify the correction. If the State did not identify any findings of noncompliance in FFY 2019, although its FFY 2019 data reflect less than 100% compliance, provide an explanation of why the State did not identify any findings of noncompliance in FFY 2019.

########## Response to actions required in FFY 2019 SPP/APR

### 12 - OSEP Response

The State has revised the baseline for this indicator, using data from FFY 2018 and OSEP accepts that revision.

### 12 - Required Actions

Because the State reported less than 100% compliance for FFY 2020, the State must report on the status of correction of noncompliance identified in FFY 2020 for this indicator. When reporting on the correction of noncompliance, the State must report, in the FFY 2021 SPP/APR, that it has verified that