[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8870-8877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3400]



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Part III





Department of Education





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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; Notice

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

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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.

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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

[[Page 8871]]

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\
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    \1\ OSEP'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.
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    (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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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.
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    \2\ The 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.
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    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.
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    \3\ Help 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.
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    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 Sec.  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 long-term 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

[[Page 8874]]

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

[[Page 8875]]

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:

[[Page 8876]]

    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

[[Page 8877]]

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