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fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

July 5, 2023 

Honorable Melissa Singleton Weatherton, J.D. 

Director Division of Developmental Disabilities Services 

Arkansas Department of Human Services 

P.O. Box 1437- Slot N501 

Little Rock, Arkansas 72201-1437 

Email: melissa.weatherton@dhs.arkansas.gov

Dear Director Weatherton: 

The purpose of this letter is to provide an update on the status of the findings and corrective actions identified 

by the U.S. Department of Education’s (the Department) Office of Special Education Programs (OSEP) 

reported in the Differentiated Monitoring and Support (DMS) monitoring report dated January 12, 2023. 

This letter is in response to the Arkansas Division of Developmental Disabilities Services’ (DDS) April 12, 

2023, electronic mail correspondence to OSEP to address the corrective actions noted in the January 12, 2023, 

DMS monitoring report. These findings and corrective actions were identified as result of the DMS activities 

conducted by OSEP during its virtual visit with DDS which occurred on May 16, May 17, and May 23-25, 

2022. 

The summary of monitoring findings and status chart includes the monitoring component, finding, required 

actions, OSEP analysis, and status of finding(s) based on the evidence received by OSEP to date.

We appreciate your efforts to ensure compliance and improve results for children with disabilities. If you have 

any questions, please contact your OSEP State Lead. 

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Tracy Turner

Part C Coordinator 
 

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STATE

SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

Monitoring and Improvement 

1. OSEP finds that the State 

does not have a general 

supervision system that is, in its 

entirety, reasonably designed to 

identify and verify correction of 

noncompliance in a timely 

manner using its different 

components, as required under 

34 C.F.R. §§ 303.120 and 

303.700 through 303.702. 

Policies and Procedures—

within 90 days of the date of 

this letter: 

The State must submit to 

OSEP updated policies, 

procedures, or protocols 

documenting its process for 

monitoring its EIS providers 

on IDEA Part C requirements 

such as, IFSP service 

provision and content 

requirements, including its 

process to identify and verify 

correction of noncompliance 

consistent with Memo 09-

02. 

First Connections (FC) submitted to OSEP on 

April 12, 2023, a copy of its updated manual, First 

Connections General Supervision and Integrated

Monitoring Manual 2021. OSEP is currently 

working with the State to review and revise as 

appropriate. 

OPEN

Monitoring and Improvement 

1. OSEP finds that the State 

does not have a general 

supervision system that is, in its 

entirety, reasonably designed to 

identify and verify correction of 

noncompliance in a timely 

manner using its different 

components, as required under 

34 C.F.R. §§ 303.120 and 

303.700 through 303.702. 

Evidence of 

Implementation—as soon as 

possible, but no later than 

one year from the date of this 

letter:

The State must submit 

evidence of correction, for 

example monitoring reports 

which identify findings of 

noncompliance with IDEA 

Part C requirements, 

including the timeline for 

OPEN
SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

correction. The State must 

also provide documentation 

of the implementation of its 

revised monitoring 

procedures and protocols. 

Data

2. OSEP finds that the State 

does not report on the 

identification and verified 

correction of noncompliance 

reflected in its SPP/APR data 

consistent with its reporting 

responsibilities, as required by 

34 C.F.R. §§ 303.700(a)(2) and 

303.702(b)(2), OSEP Memo 

09-02 and the SPP/APR. 

Policies and Procedures—

within 90 days of the date of 

this letter: 

The State must submit to 

OSEP updated policies and 

procedures documenting its 

process for identifying 

noncompliance reflected in 

SPP/APR data, verifying 

correction of noncompliance, 

and accurately reporting on 

both identification and 

verified correction of that 

noncompliance in the State’s 

the SPP/APR.

OSEP conducted a follow-up conversation with the 

DDS FC staff on June 12, 2023, to further clarify 

OSEP expectations regarding the required actions. 

FC indicated it will submit additional documents to 

outline how the practice of identification and 

timely correction of noncompliance will be 

accurately reported in the APR.

OPEN

Data

2. OSEP finds that the State 

does not report on the 

identification and verified 

correction of noncompliance 

reflected in its SPP/APR data 

consistent with its reporting 

responsibilities, as required by 

34 C.F.R. §§ 303.700(a)(2) and 

303.702(b)(2), OSEP Memo 

09-02 and the SPP/APR. 

Evidence of 

Implementation—as soon as 

possible, but no later than 

one year from the date of this 

letter:

The State must submit 

evidence of correction, for 

example, any checklists, 

tools, training materials, 

workbooks, or data reports 

that it has developed to 

OPEN
SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

ensure compliance and 

implementation with the data 

reporting requirements in 

IDEA sections 616 and 618 

(as modified by IDEA 

section 642) and 34 C.F.R. 

§§ 303.124, 303.224 and 

303.701(c) and 303.720 

through 303.724. 

Fiscal Management: Single 

Line of Responsibility 

3. OSEP finds that the State 

does not conduct fiscal 

monitoring as required under 

34 C.F.R. § 303.120(a)(1). 

Policies and Procedures—

within 90 days of the date of 

this letter: 

The State must submit 

revised fiscal monitoring 

policies and procedures 

demonstrating how the LA 

ensures compliance with 

appropriate IDEA Part C 

fiscal requirements consistent 

with 34 C.F.R. § 303.120(a) 

and establishes internal 

controls to ensure 

compliance with cost 

principles under the Uniform 

Guidance as required under 2 

C.F.R. § 200.303. 

On April 12, 2023, OSEP received the “First 

Connections Fiscal Oversight Guide”. OSEP has 

determined that the document submitted does not 

demonstrate compliance with the appropriate IDEA 

Part C fiscal requirements consistent with 34 

C.F.R. § 303.120(a), such as payor of last resort 

and systems of payments. 

OPEN

The State must submit 

revised fiscal monitoring 

policies and procedures 

demonstrating how the LA 

ensures compliance with 

appropriate IDEA Part C 

fiscal requirements 

consistent with 34 C.F.R. § 

303.120(a) and establishes 

internal controls to ensure 

compliance with cost 

principles under the 

Uniform Guidance as 

required under 2 C.F.R. § 

200.303. 

Fiscal Management: Single 

Line of Responsibility 

3. OSEP finds that the State 

does not conduct fiscal 

monitoring as required under 

Evidence of 

Implementation—as soon as 

possible, but no later than 

one year from the date of this 

letter:

OPEN
SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

34 C.F.R. § 303.120(a)(1). The State must submit 

evidence of correction, for 

example monitoring reports 

or other supporting 

documentation demonstrating 

the State's oversight of the 

fiscal requirements and 

implementation of internal 

controls as listed in 

corrective actions. 

Fiscal Management: Single 

Line of Responsibility 

3. OSEP finds that the State has 

not established effective 

internal controls that provide 

reasonable assurance of 

compliance by its EIS 

providers with "Federal 

statutes, regulations, and the 

terms and conditions of their 

Federal award," as required 

under 2 C.F.R. § 200.303. 

Policies and Procedures—

within 90 days of the date of 

this letter: 

The State must submit 

revised fiscal monitoring 

policies and procedures 

demonstrating how the LA 

ensures compliance with 

appropriate IDEA Part C 

fiscal requirements consistent 

with 34 C.F.R. § 303.120(a) 

and establishes internal 

controls to ensure 

compliance with cost 

principles under the Uniform 

Guidance as required under 2 

C.F.R. § 200.303. 

OSEP has received the “First Connections Fiscal

Oversight Guide”. OSEP has determined that the 

document submitted does not demonstrate 

compliance with the appropriate IDEA Part C fiscal 

requirements consistent with 2 C.F.R. § 200.303, 

which establishes internal controls to ensure 

compliance with cost principles under the Uniform 

Guidance.

OPEN

The State must resubmit 

revised fiscal monitoring 

policies and procedures 

demonstrating how the LA 

ensures compliance with 

appropriate IDEA Part C 

fiscal requirements 

consistent with 2 C.F.R. § 

200.303, which establishes 

internal controls to ensure 

compliance with cost 

principles under the 

Uniform Guidance.

Fiscal Management: Single 

Line of Responsibility 

3. OSEP finds that the State has 

not established effective 

Evidence of 

Implementation—as soon as 

possible, but no later than 

OPEN
SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

internal controls that provide 

reasonable assurance of 

compliance by its EIS 

providers with "Federal 

statutes, regulations, and the 

terms and conditions of their 

Federal award," as required 

under 2 C.F.R. § 200.303. 

one year from the date of this 

letter:

The State must submit 

evidence of correction, for 

example monitoring reports 

or other supporting 

documentation demonstrating 

the State's oversight of the 

fiscal requirements and 

implementation of internal 

controls as listed in 

corrective actions. 

Dispute Resolution 

4. The State's written 

procedures for filing a due 

process complaint are 

inconsistent with the 

requirements of 34 C.F.R. § 

303.441(b). 

FC Form for Reporting a 

Concern—within 90 days of 

the date of this letter: 

The State must submit a 

revised copy of its FC Form 

for Reporting a Concern, 

including language making 

clear that reporting a concern 

through the form does not 

limit access to other 

procedural safeguards and 

that appropriate parties may 

still request one of three 

dispute resolution options 

(mediation, due process, or 

State complaint) and includes 

a statement that filing the FC 

Form is not a prerequisite to 

On April 14, 2023, the State submitted an updated 

copy of the FC Form for Reporting a concern 

which included additional language on the first 

page, that said: 

“If the incident being reported involves a specific 

child or children, the parent/s of impacted 

child/children may request Mediation or a Due 

Process Hearing or submit a Written State 

Complaint regarding the issue reported in a Service 

Concern; in such cases, the issue will be handled 

following the Dispute Resolution policies, 

guidelines, and procedures.” 

OSEP concluded that this form now makes it clear 

that reporting a concern through the form does not 

limit any further Dispute Resolution action. No 

further action is required.

CLOSED
SUMMARY OF MONITORING FINDINGS AND STATUS

MONITORING COMPONENT &

FINDING

REQUIRED ACTIONS OSEP ANALYSIS AND COMMENTS NEXT STEPS/ STATUS

initiating any of the IDEA 

Part C dispute resolution 

options.