ARTICLE I. LETTER

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

400 MARYLAND AVE., S.W. WASHINGTON, D.C. 20202-2600

www.ed.gov

The Department of Education’s mission is to promote student achievement and preparedness for global 

competitiveness by fostering educational excellence and ensuring equal access.

August 2, 2022 

Honorable Michael Wisehart

Director

Arizona Department of Economic Security

1789 West Jefferson Street, Mail Drop 1111 

Phoenix, Arizona 85007 

Dear Director Wisehart:

This letter addresses the Arizona Department of Economic Security’s (ADES) submissions in 

response to the U.S. Department of Education’s (Department), Office of Special Education 

Programs’ (OSEP) January 13, 2020, monitoring letter. OSEP’s January 13, 2020, letter required 

ADES to implement corrective actions as a result of noncompliance with the Individuals with 

Disabilities Education Act (IDEA) Part C requirements as identified through OSEP’s 

differentiated monitoring and support (DMS) activities conducted with ADES’s, Arizona Early 

Intervention Program (AzEIP). 

Specifically, OSEP’s 2020 monitoring letter found that ADES failed to:

1. Have a general supervision system in place reasonably designed to identify and correct 

noncompliance in a timely manner, including a single line of responsibility in a lead 

agency in accordance with 34 C.F.R. § 303.120 (General Supervision); 

2. Have a system in place to ensure the collection and reporting of valid and reliable 

transition data for Indicator 8B of its Annual Performance Report (APR), including data 

required to notify the State educational agency (SEA) and appropriate local educational

Agency (LEA) that the toddler, on his or her third birthday, will reach the age of 

eligibility for service under Part B (Indicator 8B Data); 

3. Have a monitoring system in place reasonably designed to ensure compliance with the 

payor of last resort requirement for the use of IDEA funds in accordance with 34 C.F.R. 

§ 303.510(a)(b)) (Payor of Last Resort); and

4. Exercise appropriate supervision or internal controls to monitor Early Intervention 

Service (EIS) providers for compliance in implementing the prior written parental 

consent requirement for the use of private insurance as required in 34 C.F.R. 

§§ 303.520(b)(l)(i)(B) and 303.420(a)(3) (Consent to Use Insurance).

ADES submitted a corrective action plan (CAP) on October 23, 2020 and submitted revisions to 

the CAP on November 20, 2020. ADES has subsequently provided periodic progress reports and 
Page 2 – Honorable Michael Wisehart

additional documents. On November 15, 2021, OSEP provided a memorandum and status chart 

to ADES that identified the corrective actions taken by the State, reviewed supporting evidence 

provided by the State and additional actions necessary to demonstrate completion on the CAP. 

The memorandum also explained that OSEP had determined that ADES has resolved two of the 

four findings (findings 2 and 4 above). 

In response to OSEP’s November 15, 2021, memorandum, ADES provided additional 

documentation as requested. Attached is a chart entitled OSEP’s Analysis of Arizona’s 

Additional Submissions in Response to January 2020 IDEA Part C Monitoring Findings, which 

identifies the additional documentation provided by the State for each outstanding finding, and 

OSEP’s analysis of that documentation. 

As described in the attached chart, OSEP has determined that ADES has resolved the remaining 

two findings (finding 1 and 3 above). As a result, OSEP has determined that ADES has resolved 

all four findings identified in the 2020 DMS monitoring letter, and no further action is required. 

OSEP appreciates ADES’ cooperation in the resolution of these issues. At this time, no further 

action is required from the State. 

OSEP appreciates your efforts to improve results for infants and toddlers with disabilities. If you have any 

questions, please contact Christopher Staton, your OSEP State Lead, at 

Christopher.Staton@ed.gov. 

Sincerely,

Valerie Williams

Director

Office of Special Education Programs 

Enclosure 

cc: Caroline Nailor-Oglesby, Part C Coordinator