Letterhead #1 Agency - Arizona Department of Economic Security

Janice K. Brewer
Governor
Neal Young
Director
TO:
FROM:
Early Intervention Professionals
Molly D. Bright
DATE: January 28, 2011
RE: Requirements for and corrective action under Part C of the Individuals with Disabilities
Education Act (IDEA)
_____________________________________________________________________________________
As you may know, the United States Department of Education, Office of Special Education
Programs (OSEP) conducted a Verification Visit with the Arizona Early Intervention Program
(AzEIP) in November 2009, during which OSEP staff spent two days in Tucson and three days
in Phoenix meeting with early intervention professionals, state agency representatives, and other
stakeholders. The purpose of the Verification Visit, as described in a letter from OSEP, was to
“review the State’s systems for general supervision, collection of State-reported data, and fiscal
management, as well as the State’s systems for improving child and family outcomes and
protecting child and family rights.” (OSEP letter to the Honorable Neal Young, May 26, 2010).
While OSEP concluded that the State has reasonably designed procedures and practices in many
areas, including identification of non-compliance, improving education results for children, and
fiscal management, OSEP identified three findings that required action. The Department of
Economic Security (DES), Arizona’s Lead Agency for IDEA Part C, provided assurances and
outlined critical steps and timelines for addressing OSEP’s findings. OSEP’s findings, required
actions, and DES responses are as follows:
OSEP Finding 1: DES has not ensured a single line of responsibility under IDEA section
635(a)(10)(A) and 34 CFR §303.501(b)(2). The DES, Division of Developmental Disabilities
(DDD’s) has not revised its service authorization policies and procedures to align with IDEA
Part C requirements in IDEA section 636 and 34 CFR §§303.342, 303.343, 303.344, and
303.403.
OSEP Required Action 1: Within sixty days from the date of the letter (May 26, 2010),
DES must provide written assurance that it has: (1) demonstrated compliance with the
single line of responsibility requirements to administer all programs consistent with
IDEA section 635(a)(10)(A) and 34 CFR §303.501(b)(2); (2) ensured that DDD has
revised its service authorization procedures to be consistent with IDEA section 636 and
34 CFR §§303.342, 303.343, 303.344 and 303.403; and (3) ensured that DDD has revised
its service authorization procedures to ensure that only the IFSP team determines the
services (including frequency) identified on the IFSP.
_____________________________________________________________________________________________
3839 N. Third Street, Suite 304, Phoenix, AZ 85012
Telephone (602) 532-9960 • Fax (602) 200-9820 • www.azdes.gov/azeip

DES response 1a: The Department will comply with the single line of responsibility
requirements to administer all programs consistent with the Individuals with Disabilities
Education Act (IDEA) section 635(a)(10)(A) (20 USC §1435 (a)(10)(A)) and 34 CFR
§303.501(b)(2).
Summary of Critical Steps:
• DDD will adopt, distribute, and implement AzEIP policies and procedures for
early intervention services for children, birth to three and their families, by DDD
staff, contractors and vendors. DDD will ensure adherence to the AzEIP policies
and procedures through training, technical assistance, monitoring and regular
reporting to DES/AzEIP.
• DES/AzEIP will prepare and the DES Director’s Office will approve and support
implementation of DES/AzEIP’s procedures for enforcing DDD’s corrective
action.
DES response 1b: The Department will revise DDD’s service authorization procedures
for its provision of early intervention services to children, birth to three, and their families
to (1) be consistent with IDEA section 636 (20 USC §1436) and 34 CFR §§303.342,
303.343, 303.344 and 303.403; and (2) ensure that only the IFSP team determines the
services (including frequency) identified on the IFSP.
Summary of Critical Steps:
• DDD will (a) remove service authorization requirements for early intervention
services and ensure that IFSP teams determine early intervention services, and (b)
ensure written prior notice is provided to parents whenever the IFSP team
proposes to initiate, change or refuse the implementation of an early intervention
service consistent with IDEA. DDD will ensure adherence to the IDEA
requirements for IFSP team decision-making and prior written notice through
training, technical assistance, monitoring and regular reporting to DES/AzEIP.
OSEP Finding 2: Arizona’s Revised Statute (A.R.S.) 36-557, relative to the “Qualified Vendor,”
is inconsistent with the timely service provision requirements in 34 C.F.R. §§ 303.340(c) and
303.342(e).
OSEP Required Action 2: Within sixty days from the date of the letter (May 26, 2010),
DES must provide written assurance that Arizona’s A.R.S. 36-557, relative to the
Qualified Vendor,” will not apply to Part C or the State must identify another appropriate
written method under IDEA sections 637 (a)(2) and 640(b) to ensure that Part C services
are provided in all geographical regions in the State and there are no waiting lists.
DES response 2: The Department will provide timely early intervention services to
eligible children and their families in all geographical regions in the State through
appropriate written methods under IDEA sections 637(a)(2) and 640(b) (20 USC
§1437(a) and 20 USC §1440(b)) by (a) modifying DDD’s Qualified Vendor system to
procure services in a team-based model and (b) amending the Department’s Arizona
Early Intervention Program’s (DES/AzEIP’s) contracts to require early intervention
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services for children and families when the DDD Qualified Vendor network is not
available to do so.
Summary of Critical Steps:
• DDD will implement team-based early intervention services, which has shown
positive results for families served by DES/AzEIP contractors.
• DES/AzEIP will amend current contracts for team-based early intervention
services to enable DES/AzEIP contractors to serve DDD eligible children and
their families within required timelines when the DDD provider network is unable
to do so.
DES/AzEIP and DDD have been working together to implement the changes outlined above. To
date, DDD has:
• Adopted AzEIP policies and procedures for early intervention services under IDEA, Part
C, removing reference to early intervention services from all other DDD policies and
procedures. DDD’s adopted AzEIP policies and procedures are available in the DDD
Policy Manual, Chapter 1400, Special Programs, and on the DDD website at
https://www.azdes.gov/uploadedFiles/Developmental_Disabilities/1400.pdf. In
December 2010, DDD informed staff, contractors and vendors that previous DDD
policies, related to birth to three services under IDEA, had been withdrawn and replaced
by reference to AzEIP policies and procedures.
• DDD eliminated prior authorization and utilization review for early intervention services
under IDEA, Part C in September 2010. IFSP teams are supported to make decisions
regarding services needed to meet family’s functional outcomes.
DES/AzEIP and DDD are enthusiastic about the progress that has been made, the improvements
on our horizon, and positive outcomes for families and children that will result from this work.
We look forward to working with you to make these changes a reality.
Please contact DES/AzEIP at (602) 532-9960 or, toll free outside Maricopa County, (888) 439-
5609, with any questions. Thank you.
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