8870 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices 

DEPARTMENT OF EDUCATION 

Ohio Department of Health; Written 

Findings and Decision of the Secretary 

and Compliance Agreement Under the 

Infants and Toddlers With Disabilities 

Program—Part C of the Individuals 

with Disabilities Education Act 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice of written findings and 

decision and compliance agreement. 

SUMMARY: Section 457 of the General 

Education Provisions Act (GEPA) 

authorizes the U.S. Department of 

Education (Department) to enter into a 

compliance agreement with a recipient 

that is failing to comply substantially 

with Federal program requirements. In 

order to enter into a compliance 

agreement, the Department must 

determine, in written findings, that the 

recipient cannot comply with the 

applicable program requirements until a 

future date and that a compliance 

agreement is a viable means of bringing 

about such compliance. On November 8, 

2006, the Department entered into a 

compliance agreement with the Ohio 

Department of Health (ODH). Under 

section 457(b)(2) of GEPA, the written 

findings and decision and compliance 

agreement must be published in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

David Steele, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 4025, Potomac Center Plaza, 

Washington, DC 20202–2600. 

Telephone (202) 245–6520. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1– 

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: Under 

Part C of the Individuals with 

Disabilities Education Act (Part C), the 

Department provides funds to States to 

‘‘maintain and implement a statewide, 

comprehensive, coordinated, 

multidisciplinary, interagency system to 

provide early intervention services for 

infants and toddlers with disabilities 

and their families.’’ 20 U.S.C. 1433. 

Early intervention services are services 

that are, among other things, ‘‘designed 

to meet the developmental needs of an 

infant or toddler with a disability, as 

identified by the individualized family 

service plan team, in any 1 or more of 

the following areas: (i) Physical 

development; (ii) cognitive 

development; (iii) communication 

development; (iv) social or emotional 

development; or (v) adaptive 

development’’; ‘‘are provided by 

qualified personnel’’; ‘‘to the maximum 

extent appropriate, are provided in 

natural environments, including the 

home, and community settings in which 

children without disabilities 

participate’’; and ‘‘are provided in 

conformity with an individualized 

family service plan adopted in 

accordance with section 636’’ of IDEA. 

20 U.S.C. 1432(4)(C), (F), (G), and (H). 

The Department’s February 27, 2006 

letter responding to Ohio’s December 

2005 State Performance Plan (SPP) 

indicated that ODH had yet to ensure 

compliance with the following four 

noncompliance findings originally 

identified in the Department’s March 

30, 2001 Ohio Part C Monitoring Report: 

(1) Monitoring: the lead agency’s 

responsibility to monitor (identifying 

and timely correcting any 

noncompliance by all programs and 

activities used to implement the 

statewide early intervention system as 

required by 34 CFR 303.501(b)); 

(2) 45-day Timeline: evaluations and 

assessments in all five developmental 

areas and the initial Individualized 

Family Service Plan (IFSP) meetings are 

held within 45 days after a referral is 

received as required by 34 CFR 

303.321(e)(2), 303.322(e)(1) and 

303.342(a); 

(3) Timely Service Provision: early 

intervention services on the child’s IFSP 

are timely provided as required by 34 

CFR 303.340(c), 303.342(e) and 

303.344(f)(1); and 

(4) Timely Transition Planning: 90- 

day conferences are held as required by 

34 CFR 303.148(b)(2)(i) and IFSPs 

include the early childhood transition 

plan as required by 34 CFR 

303.148(b)(4) and 303.344(h). 

On March 10, 2006, ODH Director, J. 

Nick Baird, requested that the 

Department consider entering into a 

compliance agreement with ODH under 

Part C. Before entering into a 

compliance agreement, the Department 

must hold a hearing at which the 

recipient, individuals affected by any 

potential compliance agreement, 

including infants and toddlers with 

disabilities and their families or other 

representatives, and other interested 

parties are invited to participate. In that 

hearing, the recipient has the burden of 

persuading the Department that: (1) Full 

compliance with the applicable 

requirements of law is not feasible until 

a future date; and (2) that a compliance 

agreement is a viable means for bringing 

about such compliance in no more than 

three years. 20 U.S.C. 1234f(b)(1) and 

(c). If, on the basis of all the evidence 

available, the Secretary determines that 

the recipient has met that burden, the 

Secretary is to make written findings to 

that effect and publish those findings, 

together with the substance of the 

compliance agreement, in the Federal 

Register. 20 U.S.C. 1234f(b)(2). 

On May 9, 2006, Department officials 

conducted a public hearing in 

Columbus, Ohio regarding ODH’s ability 

to meet certain Part C requirements. The 

testimony and materials either 

presented at the hearing, or submitted in 

relation to the hearing, by ODH 

representatives, other State agency 

representatives, parent and State 

Interagency Coordinating Council 

representatives, Part C early 

intervention service providers, and 

other affected or interested individuals 

confirmed that, as required under 20 

U.S.C. 1234f, full compliance with Part 

C requirements by ODH is genuinely not 

feasible until a future date, but that 

ODH will be able to come into full 

compliance with Part C within three 

years. Testimony and written 

submissions supported the development 

of a compliance agreement that would 

bring ODH into compliance with Part C 

as soon as feasible and would allow 

continuation of Part C funding by OSEP 

to Ohio during this process. As 

indicated in the Written Findings and 

Decision of the Secretary, the 

Department has determined that a 

compliance agreement is appropriate to 

address the four outstanding areas of 

Part C non-compliance. 

As required by section 457(b)(2) of 

GEPA, 20 U.S.C. 1234f(b)(2), the text of 

the Secretary’s Written Findings and 

Decision and the substance of the 

compliance agreement are published in 

this notice of written findings and 

decision and compliance agreement. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in Text or Adobe Portable 

Document Format (PDF), on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO) toll free, at 1–888– 

293–6498; or in the Washington, DC 

area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 


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1OSEP’s 2001 Ohio Monitoring Report identified 

nine areas of noncompliance and required the State 

to submit an Improvement Plan that addressed all 

nine findings. OSEP’s October 24, 2002 letter that 

accepted ODH’s 2002 Improvement Plan required 

that ODH submit a final Progress Report by October 

24, 2003, providing data demonstrating compliance 

with these findings. ODH provided data and 

information indicating correction of five of the nine 

findings. However, ODH’s final October 30, 2003 

final progress report under its Improvement Plan 

and subsequent reports, requested by OSEP and 

submitted by ODH on April 30, 2004, November 1, 

2004 and March 31, 2005, failed to provide data 

demonstrating compliance with the four remaining 

findings: monitoring, 45-day timeline, timely 

service provision and timely transition planning. 

The Department imposed special conditions on 

two of the areas (45-day timeline and timely 

transition planning) in Ohio’s FFY 2005 Part C 

grant. The special conditions required Ohio to 

provide OSEP a progress report in November 2005 

and a final report by April 2006 that included data 

demonstrating compliance. The Department’s 

February 27, 2006 letter responding to the State’s 

Performance Plan (SPP) and April 4, 2006 

conversation with ODH representatives confirmed 

that ODH had yet to ensure compliance with four 

noncompliance findings from OSEP’s 2001 Ohio 

Monitoring Report and questioned the feasibility of 

ODH’s ability to ensure compliance with these 

requirements. On March 10, 2006, ODH indicated 

it could not come into compliance. ODH requested 

that the Department consider entering into a 

Compliance Agreement with ODH under Part C of 

the IDEA because ODH would need additional time 

(not to exceed three years) to make systemic 

changes in its monitoring, data, service delivery, 

and other systems in order to ensure correction of 

these four findings. 

edition of the Federal Register is available on 

GPO access at: http://www.gpoaccess.gov/ 

nara/index.html. 

(Authority: 20 U.S.C. 1234c, 1234f, 1431 

through 1444) 

Dated: February 20, 2007. 

John H. Hager, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

United States Department of Education 

In the Matter of the Request of the Ohio 

Department of Health To Enter Into a 

Compliance Agreement—Written 

Findings and Decision of the Secretary 

I. Introduction 

The United States Department of 

Education (Department) finds, pursuant 

to 20 U.S.C. 1234c, that the Ohio 

Department of Health (ODH) has failed 

to comply substantially with the 

requirements of Part C of the 

Individuals with Disabilities Education 

Act (Part C or IDEA), 20 U.S.C. 1401–

1408 and 1431–1444, and applicable 

regulations, 34 CFR part 303. ODH is the 

lead agency designated by the Governor 

of Ohio to implement Ohio’s statewide 

system of early intervention services 

under IDEA, 20 U.S.C. 1435(a)(10) and 

34 CFR 303.500. The Bureau of Early 

Intervention Services (BEIS), within 

ODH, is responsible for the daily 

administration and oversight of Ohio’s 

early intervention program for infants 

and toddlers with disabilities and their 

families under Part C. 

The Department’s February 27, 2006 

letter and April 4, 2006 conversation 

with ODH representatives confirmed 

that ODH was not in compliance with 

the following four Part C requirements 

originally identified in the 2001 Ohio 

Part C Monitoring Report issued by the 

Department’s Office of Special 

Education Programs (OSEP): 1

(1) Monitoring to ensure the 

identification and timely correction of 

noncompliance with Part C as required 

by 34 CFR 303.501(b) (General 

Supervision or GS); 

(2) Conducting evaluations and 

assessments and the initial 

Individualized Family Service Plan 

(IFSP) meetings within 45 days from 

referral of an infant or toddler to Part C 

as required by 34 CFR 303.321(e)(2), 

303.322(e)(1) and 303.342(a) (45-day 

Timeline); 

(3) Providing in a timely manner all 

early intervention services identified on 

the IFSP to all eligible infants and 

toddlers with disabilities and their 

families as required by 34 CFR 

303.340(c), 303.342(e), 303.344(f)(1) 

(Service Provision); and 

(4) Conducting timely transition 

planning as required by 34 CFR 

303.148(b)(2)(i), 303.148(b)(4) and 

303.344(h) (Timely Transition 

Planning). 

On March 10, 2006, ODH requested 

that the Department consider entering 

into a compliance agreement, because 

ODH indicated it needed additional 

time (not to exceed three years) to 

ensure compliance. ODH invited the 

Department to hold a public hearing, 

which the Department is required to 

conduct before it can enter into a 

compliance agreement under the 

General Education Provisions Act 

(GEPA), 20 U.S.C. 1234f(b)(1). On May 

9, 2006, Department officials conducted 

a public hearing in Columbus, Ohio, at 

which oral and written testimony were 

received regarding ODH’s ability to 

comply with the four outstanding 

requirements. At the hearing, testimony 

was provided by ODH representatives, 

other Ohio State participating agencies, 

Part C early intervention providers, 

parents of infants, toddlers and children 

with disabilities, representatives from 

the Ohio State interagency coordinating 

council (SICC), and other affected or 

interested individuals. Additional 

written testimony was submitted to the 

Department through the comment 

period, which ended on June 1, 2006. 

At the public hearing, the State bears 

the burden of demonstrating that: (1) 

Full compliance with the applicable 

requirements of Part C is not feasible 

until a future date and (2) a compliance 

agreement is a viable means for bringing 

about such compliance in no more than 

three years. 20 U.S.C. 1234f(b)(1). Based 

on the testimony received and other 

information available, the Department 

concludes, as required under 20 U.S.C. 

1234f, that full compliance with the 

above four Part C requirements by ODH 

is genuinely not feasible until a future 

date, but that under the terms of the 

attached compliance agreement, which 

expires three years from the date of this 

decision, ODH will be able to come into 

full compliance with Part C within this 

three-year period. 

II. Legal Basis for Entering Into a 

Compliance Agreement: Requirements 

Under Part C and GEPA 

A. Part C Requirements 

Part C was enacted in 1986, and 

amended in 2004, in response to 

Congress’s finding that ‘‘there is an 

urgent and substantial need * * * to 

enhance the development of infants and 

toddlers with disabilities, to minimize 

their potential for developmental delay, 

and to recognize the significant brain 

development that occurs during a 

child’s first 3 years of life.’’ 20 U.S.C. 

1431(a)(1). Under Part C, the 

Department provides funds to States to 

implement a statewide, comprehensive, 

coordinated, multidisciplinary, 

interagency system that provides early 

intervention services for infants and 

toddlers with disabilities and their 

families. 20 U.S.C. 1431(b)(1). 

An ‘‘infant or toddler with a 

disability’’ is a child under three years 

of age who needs early intervention 

services because the child either: (1) Is 

experiencing developmental delays, as 

measured by appropriate diagnostic 

instruments and procedures, in one or 

more of the following five areas of 

development: cognitive, physical, 

communication, social or emotional, or 

adaptive; or (2) has a diagnosed physical 

or mental condition which has a high 

probability of resulting in 

developmental delay. 20 U.S.C. 1432(5). 

Early intervention services are 

developmental services designed to 

meet the developmental needs of an 

infant or toddler with a disability, as 

identified by the IFSP team, in any one 

or more of the five developmental areas 

listed above. 20 U.S.C. 1432(4); 34 CFR 

303.12. 

Part C requires that there be a single 

line of responsibility and clear 

interagency guidelines to ensure that 

one agency, the lead agency, is 

responsible for administering Part C in 


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2The Ohio Part C early intervention statewide 

system of services is provided through the Help Me 

Grow program, which provides funds to the 88 

county Family and Children First Councils (FCFCs). 

ODMRDD is not part of ODH, but the 88 county 

boards within ODMRDD are the largest provider of 

Part C early intervention services in Ohio. 

3Help Me Grow provides Part C services for 

children eligible under Part C but also provides 

services to other children through other programs 

and provides services under other programs to 

children eligible under Part C. 

the State. 20 U.S.C. 1435(a)(10)(A); 34 

CFR 303.500, 303.523–303.528. The 

lead agency must monitor all programs 

and activities used by the State to carry 

out Part C for compliance with all Part 

C requirements, and ensure the 

correction of any noncompliance it 

identifies. 20 U.S.C. 1435(a)(10)(A); 34 

CFR 303.501. 

Other Part C requirements include 

ensuring that all infants and toddlers 

referred to Part C are evaluated and 

assessed, and an initial IFSP meeting is 

held, within 45 days of the child’s 

referral to Part C. 34 CFR 303.321(e)(2), 

303.322(e)(1), and 303.342(a). The 

evaluation must be conducted in all five 

developmental areas, including vision 

and hearing. 34 CFR 303.322(c)(3)(ii). 

The lead agency must ensure that the 

early intervention services identified as 

needed on the child’s IFSP are provided 

in a timely manner to the child and his 

or her family. 34 CFR 303.340(c), 

303.342(e) and 303.344(f)(1). In 

addition, the lead agency must ensure 

that timely transition planning is 

provided for children when they exit 

the Part C program, which typically 

occurs at age three. 34 CFR 303.148(b) 

and 303.344(h). For children exiting 

from Part C, the IFSPs must contain 

transition steps and services. 34 CFR 

303.148(b)(4) and 303.344(h). For 

children potentially eligible under Part 

B of the IDEA, with the approval of the 

family, a transition conference must be 

convened among the lead agency, the 

family, and the local educational agency 

at least 90 days before the child’s third 

birthday. 34 CFR 303.148(b)(2)(i). Thus, 

under Part C, the lead agency must 

ensure that it makes available all 

appropriate early intervention services 

to an infant or toddler with a disability 

and his or her family to meet the unique 

developmental needs of the child and to 

support the family while the child 

receives Part C services and as the child 

transitions from Part C to Part B or other 

programs. 

B. Authority To Enter Into a Compliance 

Agreement Under Part C and GEPA 

If a State fails to comply substantially 

with the requirements of Part C, the 

Department has the authority under 

GEPA and Part C to take certain 

enforcement actions, including 

withholding funds, seeking a cease and 

desist order, entering into a compliance 

agreement, or taking other action 

authorized by law with respect to the 

State. 20 U.S.C. 1234c, 1416, 1437(c) 

and 1442; 34 CFR 303.101. In this 

instance, and at ODH’s request, the 

Department has determined it is 

appropriate to address ODH’s failure to 

comply substantially with the 

requirements of Part C through a 

compliance agreement. 

The purpose of a compliance 

agreement is ‘‘to bring the recipient into 

full compliance with the applicable 

requirements of the law as soon as 

feasible and not to excuse or remedy 

past violations of such requirements.’’

20 U.S.C. 1234f(a). As mentioned above, 

the recipient has the burden of 

persuading the Department that: (1) Full 

compliance with the applicable 

requirements of law is not feasible until 

a future date and (2) a compliance 

agreement is a viable means for bringing 

about such compliance in no more than 

three years. 20 U.S.C. 1234f(b)(1). If, on 

the basis of all the evidence available to 

the Department, the Secretary 

determines that the recipient has met 

that burden, the Secretary must publish 

written findings to that effect, together 

with the substance of the compliance 

agreement, in the Federal Register. 20 

U.S.C. 1234f(b)(2). 

The compliance agreement must 

contain the terms and conditions with 

which the recipient must comply during 

the period that the Agreement is in 

effect. 20 U.S.C. 1234f(c). If the recipient 

fails to comply with any of the terms 

and conditions of the compliance 

agreement, the Department may 

consider the Agreement no longer in 

effect and may take any action 

authorized by law, including 

withholding funds or seeking a cease 

and desist order. 20 U.S.C. 1234f(d). 

III. ODH’s Ability To Meet the 

Requirements of the Compliance 

Agreement 

A. ODH Cannot Immediately Come Into 

Compliance With Part C Requirements 

As confirmed through the testimony 

of ODH, State agency representatives, 

early intervention service providers, 

parents of infants, toddlers and children 

with disabilities, Ohio SICC 

representatives and others, ODH is not 

in compliance now, and cannot 

immediately come into compliance, 

with Part C’s General Supervision, 45- 

day Timeline, Service Provision, and 

Timely Transition Planning 

requirements. ODH’s failure to comply 

with these major Part C requirements is 

caused by a number of complicated 

factors and cannot be corrected 

immediately. In the testimony provided 

by ODH and other witnesses at the 

public hearing, six major barriers to 

ODH’s ability to come into immediate 

compliance with Part C were identified. 

The barriers identified are a lack of: (1) 

Coordination with other State and local 

partners to ensure correction of 

noncompliance; (2) clarity in the lead 

agency’s policies, procedures and 

guidance regarding evaluations and 

assessments and timely transition 

planning; (3) a monitoring system that 

identifies Part C compliance 

requirements and available corrective 

actions; (4) clarity in the lead agency’s 

single line of responsibility, including 

monitoring authority over its 88 

counties; 2 (5) the State’s current data 

system’s ability to collect key 

compliance elements; and (6) sufficient 

qualified personnel and system capacity 

to conduct evaluations and assessments 

and provide Part C services. 

One major barrier to immediate 

compliance is the need for coordination 

with other State and local partners to 

ensure correction of noncompliance. 

Under the compliance agreement, ODH 

has agreed to revise Interagency 

Agreements with the Ohio Department 

of Mental Retardation Developmental 

Disabilities (ODMRDD), the Ohio 

Department of Education (ODE), and 

other participating State agencies to 

clarify each agency’s responsibility in 

ensuring compliance with Part C 

requirements, including timely 

transition planning. At the hearing, 

representatives from ODE and ODMRDD 

expressed their commitment to work 

with ODH to enter into revised 

Interagency Agreements that will help 

ODH come into compliance with the 

Part C requirements. 

Another aspect of the need for 

coordination with other State and local 

partners is the delineation of Part C 

requirements. At the hearing, witnesses 

from the Ohio’s SICC Help Me Grow 

Advisory Council and the County 

Boards of MRDD Association explained 

how there is little delineation between 

the Part C requirements and the 

requirements for other programs that 

provide services to children through the 

Help Me Grow program.3 Under the 

compliance agreement, ODH will clarify 

its guidance to distinguish Part C from 

other Help Me Grow program 

requirements and align the policies of 

other State agency partners, particularly 

ODMRDD with ODH’s policies and 

procedures on substantive Part C 

requirements, including the 45-day 

timeline and EI service provision. 

Defining the respective agencies’


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responsibilities and delineating the Part 

C requirements are necessary to ensure 

compliance with Part C. 

A second barrier to immediate 

compliance is the lack of clarity in the 

lead agency’s policies, procedures and 

guidance regarding evaluations and 

assessments and timely transition 

planning. At the hearing, the Chief of 

BEIS, Debbie Wright, testified that 

ODH’s policies and procedures do not 

ensure consistent documentation of 

transition planning, and do not ensure 

that evaluations and assessments 

include screenings in all developmental 

areas, such as hearing and vision. Under 

the compliance agreement, ODH will 

revise its policies, procedures and 

guidance to address these issues. It will 

take ODH more than a year to revise and 

implement those policies, procedures 

and guidance, and to monitor for 

compliance with the related Part C 

requirements. 

A third barrier to immediate 

compliance is the need to revise the 

State’s monitoring system to include 

identification of noncompliance and 

corrective actions. At the hearing, Ms. 

Wright testified that the State’s 

monitoring system must be revised to 

align with the State’s Performance Plan 

and to increase the State’s ability to 

identify areas of noncompliance and 

ensure timely corrective action. The 

uncontroverted testimony at the hearing 

confirmed that implementing all of the 

steps necessary to revise the State’s 

monitoring process, including adding 

compliance elements in the data and 

monitoring systems and implementing 

corrective action procedures, will 

require more than one year. Under the 

compliance agreement, the State will 

first review and revise its monitoring 

process, with input from OSEP, then the 

State will pilot the revised monitoring 

system in its first year, and beginning in 

the second year, the State will 

implement its revised monitoring 

process to demonstrate correction. 

A fourth barrier to immediate 

compliance is the need to review, and 

determine if revisions are needed to, the 

State’s current authorizing authority, its 

Governor’s Executive Order, to provide 

for a clearer line of responsibility by the 

Part C lead agency. At the hearing, 

witnesses from the Ohio Help Me Grow 

Advisory Council and the County 

Boards of MRDD Association explained 

that the lead agency’s single line of 

authority is not clearly defined. Heather 

Kendall representing the testimony of 

the Ohio Superintendents County 

Boards of MRDD Association, explained 

‘‘in the current system, the local Family 

and Children First Council has the 

authority to determine how the 

compliance of ODH Part C policies and 

procedures is met. This system allows 

for 88 different interpretations of Part C 

service delivery in Ohio.’’ ODH reported 

that different counties have different 

interpretations of some policies, 

including evaluations and assessment 

and transition planning. An important 

step in ensuring compliance with Part C 

will be to strengthen ODH’s single line 

of responsibility, which cannot be done 

immediately. Under the compliance 

agreement, ODH will review its 

authorizing Governor’s Order, 

legislation, FCFC applications, and 

other State policies to determine 

whether it needs to clarify ODH’s lead 

agency authority and general 

supervision responsibilities under IDEA 

§ 635(a)(10) and 34 CFR 303.500. 

A fifth barrier to immediate 

compliance is the need for ODH to 

revise its data system (Early Track) to 

ensure that it includes critical Part C 

compliance elements. Under the 

compliance agreement, ODH will revise 

its Early Track data system to collect 

and report information on the 45-day 

timeline and transition that will help 

ODH to identify and correct 

noncompliance. Revising and verifying 

its new data system, and collecting data 

from the new system, will take ODH 

more than one year. Effectively utilizing 

the data from the new data system as 

part of its new monitoring system to 

verify both noncompliance areas and 

corrective action results will take ODH 

even longer. 

Finally, ODH’s ability to comply with 

Part C is affected by the capacity of the 

system to serve the number of infants 

and toddlers referred to the program. 

One possible cause is the lack of system 

capacity including the availability of 

sufficient qualified personnel to 

conduct evaluations and assessments 

and provide early intervention services. 

Testimony from ODH officials and early 

intervention providers cited personnel 

recruitment and retention, adequate 

financial resources and other personnel 

and system issues as among the major 

challenges for timely evaluations and 

assessments and early intervention 

service delivery, particularly in rural 

counties. For example, a local provider 

in Carroll County explained at the 

hearing how there is a lack of providers 

in her area. She explained that she is 

from a rural agricultural Appalachian 

county that has a shortage of health 

professionals. ODH cannot, acting on its 

own, immediately address this 

personnel shortage. Under the 

compliance agreement, ODH will 

conduct a needs assessment with its 

State agency partners to identify 

available services and gaps in services. 

As part of the needs assessment, ODH 

will analyze the impact of its newly 

developed system of payments and will 

explore its ability to maximize the use 

of all funding sources. ODH will then 

develop a plan to address the issues 

identified in the needs assessment and 

will work with its state partners to 

implement the plan. Removing these 

system capacity barriers and obtaining 

needed personnel will require a longterm effort that will involve working 

with other organizations in Ohio to 

ensure that qualified personnel are 

available to conduct evaluations and 

assessments and provide early 

intervention services. 

The evidence gathered by the 

Department at the public hearings 

confirms that ODH is not able to 

immediately come into compliance with 

the requirements of Part C. These 

problems are not isolated examples of 

noncompliance that can be quickly or 

easily corrected, but the outgrowth of 

systemic failures, for which systemic 

change is needed. The Department, 

therefore, concludes that ODH cannot 

come into immediate compliance with 

the requirements of Part C. 

B. ODH Can Ensure Full Compliance 

With the Four Part C Requirements 

Within Three Years 

The compliance agreement addresses 

the four major areas of ODH’s 

noncompliance with Part C, namely: (1) 

General Supervision, (2) 45-day 

Timeline, (3) Service Provision, and (4) 

Timely Transition Planning. The 

compliance agreement sets out specific 

timelines, activities and responsible 

parties to implement the following 

strategies to address these areas of 

noncompliance. 

General Supervision 

Under the compliance agreement, 

ODH will develop, revise or update 

Interagency Agreements with other State 

agencies, and will implement and 

utilize effective monitoring and general 

supervision procedures, to ensure the 

identification and timely correction of 

noncompliance with Part C. ODH will 

also review its authorizing authority, 

including its Governor’s Executive 

Order, state statutes and regulations, to 

determine how to strengthen its single 

line of authority as the Part C lead 

agency in Ohio. 

45-day Timeline and Service Provision 

Under the compliance agreement, 

ODH will revise and implement its 

program guidance to ensure that 

evaluations and assessments and the 

initial IFSP meetings are conducted 

within the 45-day timeline, and that 


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early intervention services are timely 

provided to eligible infants and toddlers 

with disabilities and their families. ODH 

will work with other State agencies to 

align their policies with the ODH 

policies and procedures. In addition, 

ODH will develop and implement its 

guidance and documentation 

procedures to ensure vision and hearing 

status is assessed for infants and 

toddlers referred to Part C, and present 

levels of functioning are documented on 

a child’s IFSP. ODH and other State 

agencies will also collaborate to 

determine whether and how its early 

intervention system may be redesigned 

in the long-term to increase its system 

capacity (including providers) and 

maximize funding for early intervention 

services. 

Timely Transition Planning 

Under the compliance agreement, 

ODH will revise its transition policies 

and procedures to ensure 

documentation of transition planning is 

aligned across State agencies and in all 

88 counties. The Interagency Agreement 

between ODH and ODE, and the 

transition agreements between the 

county FCFC and the local education 

agencies, will be developed, updated or 

revised to ensure compliance with the 

timely transition planning requirements 

under IDEA. 

The compliance agreement sets forth 

the data collection and reporting 

procedures that ODH will follow. These 

provisions will enable the Department 

to determine whether or not ODH is 

meeting each of its commitments under 

the compliance agreement. The 

compliance agreement, because of the 

obligations it imposes on ODH, will 

provide the Department with the 

information and authority it needs to 

protect the Part C rights of Ohio infants 

and toddlers with disabilities. 

IV. Conclusion 

For the foregoing reasons, the 

Department finds that: (1) Full 

compliance by ODH with the 

requirements of Part C is not feasible 

until a future date, and (2) ODH can 

meet the terms and conditions of the 

attached compliance agreement and 

come into full compliance with the four 

requirements of Part C within three 

years of the date of this decision. 

Therefore, the Secretary determines that 

it is appropriate for the Department to 

enter into a compliance agreement with 

ODH. Under the terms of 20 U.S.C. 

1234f, this compliance agreement 

becomes effective the date these Written 

Findings and Decision are signed by the 

Secretary. 

Dated: November 8, 2006. 

John H. Hager, 

Assistant Secretary, Office of Special 

Education and Rehabilitative Services, U.S. 

Department of Education. 

On behalf of: Margaret Spellings, Secretary, 

U.S. Department of Education. 

Appendix A: Ohio Part C Compliance 

Agreement 

Compliance Agreement Under Part C of the 

Individuals With Disabilities Education Act 

(IDEA), the Infants and Toddlers With 

Disabilities Program, Between the United 

States Department of Education and the 

Ohio Department of Health 

I. Background—Areas of Noncompliance 

This Compliance Agreement is entered into 

under the General Education Provisions Act 

(GEPA) (at 20 U.S.C. 1234f) between the 

United States Department of Education (the 

Department or ED) and the State of Ohio 

through the Ohio Department of Health 

(ODH) to address certain requirements under 

Part C of the Individuals with Disabilities 

Education Act (IDEA) (codified at 20 U.S.C. 

1401 through 1407 and 1431 through 1444) 

and its applicable regulations (at 34 CFR Part 

303). 

Under section 1234f of GEPA, the 

Department may enter into a Compliance 

Agreement with the purpose of bringing a 

grant recipient (ODH) into full compliance 

with the applicable requirements of law as 

soon as feasible and not to excuse or remedy 

past violations. Before entering into a 

Compliance Agreement, the Department must 

hold a hearing where the recipient and other 

affected and interested parties are invited to 

participate. Compliance Agreements must 

contain an expiration date not later than 

three years from the date of the Agreement 

and Written Findings. A Compliance 

Agreement allows a recipient to continue to 

receive its grant award while it works toward 

achieving full compliance under the terms of 

the agreement. 

The Department’s February 27, 2006 letter 

responding to Ohio’s December 2005 State 

Performance Plan (SPP) indicated that ODH 

had yet to ensure compliance with the 

following four noncompliance findings 

originally identified in the Department’s 

March 30, 2001 Ohio Part C Monitoring 

Report: 

(1) Monitoring: the lead agency’s 

responsibility to monitor (identifying and 

timely correcting any noncompliance by all 

programs and activities used to implement 

the statewide early intervention system as 

required by 34 CFR 303.501(b)); 

(2) 45-day Timeline: evaluations and 

assessments in all five developmental areas 

and the initial Individualized Family Service 

Plan (IFSP) meetings are held within 45 days 

after a referral is received as required by 34 

CFR 303.321(e)(2), 303.322(e)(1) and 

303.342(a); 

(3) Timely Service Provision: early 

intervention services on the child’s IFSP are 

timely provided as required by 34 CFR 

303.340(c), 303.342(e) and 303.344(f)(1); and 

(4) Timely Transition Planning: 90-day 

conferences are held as required by 34 CFR 

303.148(b)(2)(i) and IFSPs include the early 

childhood transition plan as required by 34 

CFR 303.148(b)(4) and 303.344(h). 

On March 10, 2006, ODH requested that 

the Department consider entering into a 

Compliance Agreement with ODH under Part 

C of the IDEA because, although ODH had 

addressed five of the original findings from 

OSEP’s 2001 monitoring report, ODH 

indicated that it would need additional time 

(not to exceed three years) to make systemic 

changes in its monitoring, data, service 

delivery, and other systems in order to 

ensure correction of these four findings. ODH 

invited the Department’s Office of Special 

Education Programs (OSEP) to conduct a 

public hearing in Ohio as required by GEPA 

prior to the establishment of a Compliance 

Agreement. On May 9, 2006, OSEP 

conducted a public hearing in Columbus, 

Ohio regarding ODH’s ability to meet the four 

Part C requirements identified above. The 

testimony and materials either presented at 

the hearing, or provided in relation to the 

hearing, by ODH representatives, other Ohio 

participating agencies, Part C providers, 

parents of infants, toddlers and children with 

disabilities, and other affected or interested 

individuals confirmed that, as required under 

20 U.S.C. 1234f, full compliance with Part C 

requirements by ODH is genuinely not 

feasible until a future date, but that ODH will 

be able to come into full compliance with 

Part C within three years. Testimony and 

written submissions supported the 

development of a compliance agreement that 

would bring ODH into compliance with Part 

C as soon as feasible and allow continuation 

of Part C funding by OSEP to Ohio during 

this process. As indicated in the attached 

Secretary’s Written Findings and Decision of 

the Secretary, ED agrees that a compliance 

agreement is appropriate to address 

noncompliance and this document reflects 

the terms of the Compliance Agreement. 

II. Parties 

The parties to this Compliance Agreement 

under IDEA, Part C, are the Department and 

ODH. ODH is the lead agency under Part C 

of the IDEA designated under the authority 

of IDEA Section 635(a)(10) as codified at 20 

U.S.C. 1435(a)(10) and 34 CFR 303.500. The 

Bureau of Early Intervention Services (BEIS) 

is the office within ODH that is responsible 

for the daily administration and oversight of 

Ohio’s early intervention program for infants 

and toddlers with disabilities and their 

families under Part C of the IDEA. The Ohio 

Part C program referred to herein as Help Me 

Grow (HMG) includes the following 

participating state agencies: ODH; Ohio 

Department of Mental Retardation/ 

Developmental Disabilities (ODMRDD); Ohio 

Department of Job and Family Services 

(ODJFS); Ohio Department of Education 

(ODE); Ohio Family and Children First 

(OFCF); County Family and Children First 

Councils (FCFCs); and providers of early 

intervention services (whether contractors of 

ODH or other state or local agency entities). 

The Help Me Grow program is administered 

in each of Ohio’s eighty-eight (88) counties 

by the county Family and Children First 

Council (FCFC). The Council receives federal 

and state funds to implement all 

requirements of the program serving pregnant 


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women, newborns, infants and toddlers at 

risk for or with developmental delays and 

disabilities. See Attachment A (Work Plan). 

III. Areas of Identified Non-compliance 

Under the terms of this Compliance 

Agreement, entered into pursuant to 20 

U.S.C. 1234f, ODH must be in full 

compliance with the requirements of Part C 

of IDEA no later than three years from the 

effective date of this Agreement, which is the 

date the Secretary signs the Written Findings 

of Fact and Decision and the Compliance 

Agreement. Specifically, ODH must ensure 

and document that no later than three years 

from the effective date of this Agreement 

compliance is achieved in each of the 

following four major areas as follows: 

1. General Supervision—Monitoring: ODH 

will meet its general supervision 

responsibilities and monitoring for 

compliance with all requirements of Part C 

under IDEA Section 635(a)(10) as codified at 

20 U.S.C. 1435(a)(10) and 34 CFR 303.501(b), 

including: (1) Monitoring participating state 

and recognized local agencies, organizations 

and providers who deliver or contract to 

deliver Part C services in Ohio; (2) enforcing 

contractual and/or legal obligations regarding 

Part C compliance; (3) providing training and 

technical assistance as needed to providers 

and governmental participants in the Part C 

program; and (4) correcting within one year 

of identification, any Part C noncompliance 

identified through ODH’s general supervision 

and monitoring systems. 

2. Timely Evaluation, Assessment and 

Development of the IFSP: ODH will meet the 

requirement that infants and toddlers 

referred to Part C and suspected of having a 

disability receive timely and comprehensive 

evaluations in all five developmental areas 

(cognitive, physical, communication, social/ 

emotional, and adaptive skills) as required by 

34 CFR 303.321(e)(2) and 303.322(e)(1). 

Evaluations and assessments are completed 

and, if the infant or toddler is eligible, the 

initial IFSP meeting is conducted within 45 

days of the date a referral is received 

containing sufficient family contact 

information to enable the Ohio Part C HMG 

program to contact the family as required by 

34 CFR 303.342(a). 

3. Timely Provision of All Early 

Intervention Services Specified in IFSPs: 

ODH will ensure all early intervention 

services identified on the child’s IFSP will be 

made available on a timely basis to an 

eligible infant or toddler with a disability and 

the child’s family under 34 CFR 303.340(c), 

303.342(e) and 303.344(f)(1). 

4. Transition Planning: ODH will ensure 

that timely transition planning is provided 

and transition conferences are held within 

required timelines as required by 34 CFR 

303.148(b)(2)(i). Also IFSPs with transition 

plans will be developed to assist all children 

and their families as they exit Part C as 

required by 34 CFR 303.148(b)(4) and 

303.344(h). 

IV. Funding and Work Plan 

During the term of the Compliance 

Agreement, ODH is eligible to receive Part C 

funds if it complies with the terms and 

conditions of this Agreement and all other 

provisions of Part C not addressed by this 

Agreement. 

In the attached Work Plan (General 

Supervision, Early Intervention Services in 

the Natural Environment, and Timely 

Transition Planning), this Compliance 

Agreement specifies the goals and timetables 

required for ODH to come into full 

compliance with its Part C obligations in the 

following areas: (1) General Supervision and 

Monitoring; (2) Timely Evaluation, 

Assessment and Development of the IFSP; (3) 

Timely Provision of All Early Intervention 

Services Specified in IFSPs; and (4) 

Transition Planning. ODH is required to 

submit verification of its compliance with 

enumerated activities, goals and timetables. 

This Work Plan includes measurable 

outcomes, goals/objectives, and activities to 

achieve the goals, target completion dates for 

each activity and goal, and ways to verify 

progress to ensure compliance with the goals 

and objectives during the three-year term of 

this Agreement. A report on progress made 

under this Work Plan, reflecting activities/ 

goals met, any obstacles and other 

information as to progress shall be submitted 

by ODH quarterly to ED through OSEP. The 

first report shall be submitted on the final 

day of the fourth month following the 

effective date of this Agreement. The report 

will include verification items required 

during the first three months of this 

Agreement. Subsequent reports shall 

continue quarterly throughout the term of 

this Agreement. 

V. Current Status, Outcomes, Goals and 

Verification 

AREA 1: General Supervision (GS) 

Current Status: OSEP’s 2001 Monitoring 

Report found that ODH did not have a 

method for identifying and correcting 

noncompliance with Part C requirements. 

Following its December verification 

monitoring visit to the State, OSEP confirmed 

in a letter dated May 1, 2005 that, ‘‘ODH’s 

systems for general supervision constitute a 

reasonable approach to the identification and 

correction of noncompliance’’. However, the 

May 2005 letter also indicated that ‘‘OSEP 

cannot determine whether ODH/HMG’s 

monitoring system is identifying and 

correcting noncompliance’’. Data in ODH’s 

December 2005 SPP indicated that ODH did 

not have an adequate monitoring system that 

identified and corrected noncompliance. 

Outcome: ODH utilizes effective 

monitoring and general supervision 

procedures to ensure the identification and 

correction of noncompliance with Part C. 

Measurable Goals: 

Goal 1: ODH monitors all public or private 

early intervention service programs 

(including FCFC in its 88 counties) that 

provide Part C services in Ohio, for 

compliance with all Part C requirements 

under IDEA Section 635(a)(10)(A) [codified at 

20 U.S.C. 1435(a)(10)] and 34 CFR 

303.501(b). 

Goal 2: ODH ensures that noncompliance 

with Part C identified through its general 

supervision and monitoring systems are 

corrected within one year of identification 

under IDEA Section 635(a)(10)(A) [codified at 

20 U.S.C. 1435(a)(10)] and 34 CFR 

303.501(b)(4). 

Strategies: 

GS. 1: ODH will develop, revise or update 

an Interagency Agreement(s) with the Ohio 

Department of Mental Retardation/ 

Developmental Disabilities (ODMRDD), the 

Ohio Department of Education (ODE), and 

other Part C participating State agencies to 

ensure monitoring and correction of Part C 

noncompliance. 

GS. 2: ODH will review its authorizing 

authority, including its Governor’s Executive 

Order, state statutes, regulations, and other 

appropriate documents (e.g., State 

Interagency Agreement), as needed, to 

determine how to strengthen its single line of 

responsibility under IDEA Section 635(a)(10) 

[codified at 20 U.S.C. 1435(a)(10)] as the Part 

C lead agency in Ohio. 

GS. 3: ODH will implement and utilize 

effective monitoring and general supervision 

procedures to ensure the identification and 

timely correction of noncompliance with Part 

C. 

Verification: In its quarterly reports to 

OSEP, ODH shall submit an Interagency 

Agreement(s), revised monitoring 

procedures, monitoring data, monitoring 

reports, and the status of correction of 

identified noncompliance and include 

summaries of the status of each of the goals, 

strategies, tasks, activities and timelines. 

AREA 2: Early Intervention Services (EIS) 

Current Status: OSEP’s 2001 monitoring 

report found that ODH had not ensured that 

evaluations and assessments were completed 

in all developmental areas, including the 

family assessment, within 45 days after a 

referral is received. OSEP’s 2006 SPP 

response letter confirmed that initial IFSP 

meetings were also not held within the 45- 

day timeline. OSEP’s 2001 monitoring report 

found that ODH has not ensured that IFSPs 

are developed based on the child’s unique 

needs and that required early intervention 

services are provided due to waiting lists, 

lack of availability of personnel, and lack of 

payment sources. OSEP’s 2006 SPP response 

letter confirmed that ODH has yet to provide 

data demonstrating compliance with the 

timely provision of early intervention 

services. 

Outcomes: The evaluation and assessment 

and initial IFSP meeting are conducted 

within 45 days of the child’s referral to the 

Part C early intervention program. All Part C 

early intervention services identified on the 

child’s IFSP are provided in a timely manner 

to all eligible infants and toddlers with 

disabilities and their families. 

Measurable Goals: 

Goal 1: The evaluations (including vision 

and hearing screenings) and assessments of 

children referred to Part C are conducted 

within 45 days of the child’s referral under 

34 CFR 303.321(e)(2) and 303.322(e)(1). 

Goal 2: Initial IFSP meetings are held 

within 45 days of the child’s referral for 

eligible infants and toddlers with disabilities 

referred to Part C under 34 CFR 303.342(a). 

Goal 3: Eligible infants and toddlers with 

disabilities and their families receive the Part 

C early intervention (EI) services identified 

on the child’s IFSP in a timely manner under 

34 CFR 303.340(c), 303.342(e) and 

303.344(f)(1). 

Strategies: 


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EIS. 1: ODH’s Help Me Grow (HMG) 

program guidance will be revised and 

implemented in accordance with Part C. 

ODMRDD and other HMG participating State 

agencies’ policies will be aligned to ensure 

that evaluations and assessments and the 

initial IFSP meeting are conducted within the 

45-day timeline and that EI services are 

provided timely to eligible infants and 

toddlers with disabilities and their families. 

EIS. 2: ODH will develop and implement 

its guidance on vision and hearing (including 

its hearing tool) and documentation 

procedures to ensure vision and hearing 

status is assessed and present level of 

functioning (including vision and hearing 

status) are documented on a child’s IFSP for 

infants and toddlers referred to Part C. 

EIS. 3: ODH will revise and implement its 

monitoring system to identify and correct any 

findings on 45-day timeline and timely EI 

service provision. 

EIS. 4: ODH, ODMRDD, ODE, ODJFS, 

OFCF and other providers will collaborate to 

develop a plan to redesign the EI system to 

increase system capacity for EI service 

providers. 

Verification: In its quarterly reports to 

OSEP, ODH shall submit its revised 

evaluation and assessment policies and 

procedures, including vision and hearing, 

align its policies across State agencies 

(including ODMRDD), provide monitoring 

and correction data, implement strategies to 

increase system capacity and maximize 

funding sources and include a summary of 

the status of each of the goals, strategies, 

tasks, activities and timelines. 

AREA 3: Transition Planning (TP) 

Current Status: OSEP’s 2001 monitoring 

report found that ODH had not ensured 

timely transition planning and 

implementation under 34 CFR 

303.148(b)(2)(i) and (b)(4) and 303.344(h). 

Outcome: ODH ensures timely transition 

planning for eligible children who are 

receiving Part C services and exiting Part C 

at age three to preschool or other programs 

by ensuring for such children that: (1) A 

transition plan will be included on the IFSP 

under 34 CFR 303.148(b)(4) and 303.344(h); 

and (2) for children potentially eligible for 

Part B, transition planning conferences are 

held, with the approval of the family, at least 

ninety days (and at the discretion of the 

parties, no more than nine months) prior to 

the child’s third birthday under 34 CFR 

303.148(b)(2)(i). 

Measurable Goals: 

Goal 1: All IFSPs shall include transition 

plans to support the transition of the child 

to Part B or other services as needed as 

required by 34 CFR 303.148(b)(4) and 

303.344(h). 

Goal 2: For Part C children receiving 

services and potentially eligible for Part B, 

transition planning conferences are held, 

with the approval of the family, at least 

ninety days (and at the discretion of the 

parties, no more than nine months) prior to 

the child’s third birthday under 34 CFR 

303.148(b)(2)(i). 

Goal 3: ODH will implement transition 

policies and procedures in partnership with 

the Ohio Department of Education that 

comply with Part C. 

Strategies: 

TP. 1: ODH will, through its monitoring 

and general supervision procedures, identify 

and timely correct findings to ensure: (1) A 

transition plan on the IFSP for each eligible 

child who is receiving Part C services and 

exiting Part C at age three and (2) timely 

transition planning conferences for all 

children exiting Part C at age three and who 

are potentially eligible for Part B. 

TP. 2: ODH will revise its transition 

policies and procedures to ensure 

documentation of transition planning is 

aligned across participating State agencies 

(ODH, ODMRDD, and ODE) and in all 88 

counties to ensure compliance with timely 

transition conferences and transition 

planning requirements under Part C. 

TP. 3: ODH will update its Interagency 

Agreement with ODE to include all IDEA 

transition planning requirements (Parts B and 

C) and data-sharing protocols. ODH and ODE 

will develop more specific transition 

timelines for both Part B and Part C that will 

be part of the Interagency Agreement. 

Transition Agreements between the Family 

and Children First Council in each of the 88 

counties and LEAs will be developed, 

updated, or revised to ensure compliance 

with the timely transition conferences and 

transition planning requirements under 

IDEA. 

Verification: In its quarterly reports to 

OSEP, ODH shall submit its revised 

transition timeline and monitoring policies 

and procedures, IFSP transition content form, 

provide monitoring and correction transition 

data, verification of its implementation of 

transition strategies between Part C and Part 

B and include a summary of the status of 

each of the goals, strategies, tasks, activities 

and timelines. 

VI. Other Terms and Conditions 

A. This Compliance Agreement is executed 

in two original counterparts in order to 

provide each party with an original. 

B. ED agrees to coordinate available 

Technical Assistance (TA) through the 

Technical Assistance and Dissemination 

Network (TA&D) and make TA available on 

IDEA Part C to ODH through conference 

calls, videoconferencing, and/or onsite visits. 

C. ODH agrees that its continued eligibility 

to receive Part C funds is predicated upon 

compliance with statutory and regulatory 

requirements of that program, which include 

requirements not addressed specifically by 

this Agreement. 

D. Amendments: ODH may not amend the 

strategy requirements to execute the 

interagency agreements identified in the 

work plan, as well as strategies in section GS. 

1., EIS. 1C. and EIS. 1D., and TP. 3., and 

strategies to develop and implement data and 

monitoring systems that identify and correct 

noncompliance. ODH may modify the 

activities in the work plan as needed to 

ensure implementation of goals and provided 

that ODH: (1) Informs OSEP in writing of 

such modifications in the next quarterly 

progress report due under the Compliance 

Agreement; and (2) continues to provide the 

data/verification (in the timelines set forth in 

the attached work plan, sections GS. 1., EIS. 

1., EIS. 3. and TP. 1.) that demonstrate 

progress in ensuring compliance with the 

goals during the period of the Compliance 

Agreement. Any other amendments to 

strategies or verification under this 

Compliance Agreement must be made in 

writing. ODH may also request an 

amendment to the Compliance Agreement, 

pursuant to the requirements above, due to 

acts of God, riots, strikes, or unforeseen 

circumstances resulting from changes in 

Ohio’s executive leadership. 

If ODH wishes to amend any of the 

provisions of the Compliance Agreement, 

ODH will promptly submit to OSEP in 

writing any requests for changes to the terms 

of this Compliance Agreement (which 

includes the Introduction and Attachment A, 

the Work Plan). Within two working days of 

receipt of any such request, OSEP shall 

acknowledge via e-mail or letter that the 

request was received and the date of receipt. 

OSEP will review and respond in writing 

within forty-five (45) days of receipt of 

ODH’s written request for amendment. ODH 

is not required to implement the activities 

under any proposed modifications to 

strategies that are pending review by OSEP 

until OSEP has provided its response 

regarding those proposed modifications to 

strategies. Any request for modification does 

not release ODH from complying with the 

goals of the Compliance Agreement. 

E. In the event, Ohio determines that it 

cannot participate in the Part C program due 

to a lack of available funds (which are 

certified as available for the purposes of this 

Agreement by the Ohio Director of 

Management and Budget under Ohio Statute 

R.C. 127.06), ODH may terminate its 

participation in the Part C program and this 

Compliance Agreement voluntarily upon a 

ninety (90) day written notice to OSEP. 

Subject to the applicable fiscal, parental 

notice and service provision requirements of 

Part C and EDGAR identified in this 

paragraph, the agreement shall terminate the 

earlier of 90 days from the Department’s 

receipt of written notice from Ohio of 

voluntary termination or the date on which 

Ohio has obligated any remaining Federal 

Part C funds available to Ohio following such 

notice. The Ohio Part C lead agency must 

submit to the Department a final fiscal report 

under EDGAR and annual performance 

report under IDEA Section 616 for each fiscal 

year in which Ohio obligated and expended 

Federal Part C funds. In addition, notice of 

termination of provision of early intervention 

services to infants and toddlers with 

disabilities and their families must be 

provided as required by applicable Federal 

and State laws. Any funds not obligated as 

of the date of termination may not be used 

by Ohio and must remain in the Federal 

treasury. Liquidation of any obligations 

incurred by Ohio under Part C through the 

termination date must occur within the 90- 

day period provided for under EDGAR. 

F. Subject to Article VI, paragraph D of this 

Agreement, any failure by ODH to comply 

with the terms and provisions of this 

Compliance Agreement, including the 

reporting requirements, will authorize the 

Department to consider the agreement no 

longer in effect. If ODH fails to comply with 

the terms of the Agreement, the Department 


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may take any actions authorized under GEPA 

at 20 U.S.C. 1200 et seq. and the IDEA at 20 

U.S.C. 1401 et seq. (including 1431 through 

1444) and applicable regulations in 34 CFR 

Part 303. Such actions may include 

withholding of funds under Part C of the 

IDEA, referral to the Department of Justice, 

and other enforcement mechanisms. 

Attachment A: Work plan 

Signed for the Ohio Department of Health: 

J. Nick Baird, 

Director of Health. 

Date: October 18, 2006. 

Signed for the U.S. Department of 

Education: 

John H. Hager, 

Assistant Secretary, Office of Special 

Education and Rehabilitative Services. 

On behalf of: Margaret Spellings, Secretary. 

Date: November 8, 2006. 

[FR Doc. E7–3400 Filed 2–26–07; 8:45 am] 

BILLING CODE 4000–01–P 


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