Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

Our State Performance Plan was developed with broad Stakeholder input using our State Interagency Coordinating Council (ICC).  The ICC is made up of a variety of people, including a Medicaid representative, Division of Children and Families representative, Early Intervention providers, Insurance representative, Arkansas Department of Education representative, Early Childhood representative, medical doctors (pediatricians), parents and Lead Agency representatives. We held a Stakeholder’s meeting on September 20, 2005 at which time members of Southeast Regional Resource Center (SERRC) did a presentation of the State Performance Plan and what was needed from the Stakeholders.  Some of the members chose to send their responses and ideas via e-mail, (which was encouraged) Arkansas also used a subcommittee made up of the State ICC and some regional managers for further input into this plan

We first introduced the SPP to the ICC at the regular ICC meeting on August 19, 2005.  On October 20, 2005 we were given a small sub-committee to work on the SPP.  This sub-committee met on November 8, 2005 to work on the General Supervision Enhancement Grant (GSEG) summary for monitoring priority indicator #3. We discussed our GSEG grant application and the intentions for the use of the GSEG as outlined in this application

Arkansas had weekly phone conferences with our OSEP contacts, as well as, our SERRC contact.  We had contact also with our NECTAC representative.

Stakeholders were also asked to review our State Performance Plan ‘rough draft’, improvement plans and data and to give input either by e-mail or phone.  

The Arkansas State Performance Plan will be disseminated to the public for review via a ‘Public Hearing’, similar to the one held for the new policy and State Application and it will be placed on the Web site.  The Arkansas State Performance Plan will also be available at the office of the Lead Agency.

In Arkansas the Department of Health & Human Services is the Lead Agency for the Part C program, and is administered by the Division of Developmental Disabilities Services.                                               

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Early Intervention Services In Natural Environments

Indicator 1:  Percent of infants and toddlers with IFSPs who receive the early intervention services on their IFSPs in a timely manner.

(20 USC 1416(a)(3)(A) and 1442)

Measurement: Percent = #of infants and toddlers with IFSPs who receive the early intervention services on their IFSPs in a timely manner divided by the total # of infants and toddlers with IFSPs times 100. Account for untimely receipt of services. Arkansas has 2,923 children receiving Early Intervention Services, however, we are non-compliant in this area as we currently do not capture the above information in our data system because we do not have a definition of ‘timely receipt of services’.

Overview of Issue/Description of System or Process:

Although there is no written criteria or policy of timeframes for the ‘delivery of services’, it has been the practice in Arkansas for delivery of service to begin within fourteen (14) days after the IFSP is completed.   The current process is to have the Service Coordinators to list the ‘Start Date’ on page three (5) of the IFSP, the ‘Target Completion’ and the ‘Completion Date’.  The service provider enters the actual start date of each objective on page 4. (This may be used to determine how to better track this indicator.)   The Service Coordinators, as instructed by written procedures, are to check with the family within thirty (30) days to verify that services have begun.  On the child record review, the monitors examine the “initiation of services to make sure it is ‘timely’ or there is documentation in the chart as to why services were delayed”.   Services, as denoted on the IFSP, are checked to ensure that frequency, method, location are in accordance with the IFSP.  The licensure quality assurance monitors review the service, intensity, frequency, method, location, provider, payment and duration of services in the child records.

The Service Coordinator will:

• Conduct Quarterly Reviews with Parents
• Conduct Quarterly Progress Update with Provider
• Contact the parent per IFSP indication of when they (the parents) want to be contacted

The Quality Assurance (Licensure) Unit does:

• Child Record Reviews (sampling)
• Check the initiation of service and chart notations
• Service Delivery

• Parent Interviews (done by sampling on audits)

“The purpose of the Child Record Review is to determine how well the program is meeting the Federal and State Early Intervention Program requirements; required timelines for providing early intervention services, the Individual and Family Service Planning process, assurance that family rights are maintained and appropriate documentation of other contacts with the child and family.

This review also verifies that the concerns, priorities and rights of the parents were addressed in the audit

On the Child Record Review the 303.12-18 and 303.344 CFR and Criteria are used to review each case.  The monitors currently review child records for IFSP (initial; 6 months review; Annual).  They also monitor for:  Service Coordinator; family’s concerns, priorities and resources addressed; medical information and areas of delay.  The levels of functioning and natural environments are also reviewed.  The review is continued by monitoring major outcomes listed; written in family centered language; service delivery and natural environments.

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004 -  2005

 

Discussion of Baseline Data:  Our baseline data is taken from the number of children in the system with IFSPs during the Arkansas FFY 2004-2005.

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas will revise E.I. policy and procedure and IFSP to define ‘timely delivery of service’.  We have already given an assurance that new policy will be submitted by 6/30/06.  We will institute tracking methods by using the IFSP data entered on SEAS.  As a result, 100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.
2006 (2006-2007)	100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.
2007 (2007-2008)	100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.
2008 (2008-2009)	100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.
2009 (2009-2010)	100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.
2010 (2010-2011)	100% of infants and toddlers with IFSPs will receive the early intervention services on their IFSP in a timely manner.

Improvement Activities/Timelines/Resources:

The Lead Agency will request additional positions during the next regular session of the Arkansas General Assembly in order to meet the federal requirements for the monitoring of services.  A task force has been implemented to look at restructuring the current system and to advise on procedures and policy that would be needed to both improve service coordination and improve what monitoring is occurring.  Arkansas is also considering the feasibility of sub-contracting ‘Independent Evaluators’ to make the initial assessment in determining eligibility.  Arkansas is making every effort to make corrections to our Early Intervention program, as well as, our data collection system.

In February 2006, the Lead Agency will begin training state staff and service coordinators on use of the new SEAS data system.  This system has data fields which will capture the start date of services and Arkansas will have more ready access to needed data to properly monitor and report on this indicator.

Arkansas will:

• Revise the policy/criteria on ‘timely’ service delivery
• Revise the current IFSP plan with basic completion instruction on the back of the IFSP plan
• Review the IFSP process to determine the ‘start date’ and to build in a tracking system as to when the services actually begin, using pages 4 and 5 of the IFSP, data sheets and billing records
• Train all staff on implementation of new policy and procedures
• Utilize the various universities and colleges in each region and work through their department Deans with an agreement for senior students majoring in Social Work, Psychology, Early Childhood or Sociology or Parent Training Institute (PTI) to conduct the parent surveys and parent interviews regarding EI services.
• Implement a policy on ‘unserved and underserved’ with regards to any shortage of providers
• Arkansas will get continued technical assistance from Southeast Regional Resource Center, National Early Childhood Technical Assistance Center (NECTAC) and NCSEAM.
• Streamline Prior Authorization procedures to allow shorter time between IFSP development and delivery of the Prior Authorization to the provider.
• Revise procedure so the Service Coordinator if notified or contacts the parent by the target date for initiation of services.

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Early Intervention Services In Natural Environments

Indicator 2:  Percent of infants and toddlers with IFSPs who primarily receive early intervention services in the home or programs for typically developing children.

Measurement:  Percent 77% = # 2,095 of infants and toddlers with IFSPs who primarily receive early intervention services in the home or programs for typically developing children divided by the total # 2,725 of infants and toddlers with IFSPs times 100 equals .768.

Overview of Issue/Description of System or Process:

The multidisciplinary team does identify the ‘natural environment’ in which early intervention services will be provided.  The IFSP does indicate where the child spends the majority of his/her time.  Should a service not be provided in the natural environment, the IFSP must contain a statement of justification of the extent to which the services will not be provided in the natural environment.  The Service Coordinators conduct quarterly reviews with the parents and quarterly progress update with the providers.  The Quality Assurance Section reviews where the child spends the majority of time (natural environments) on the case record review, which is done annually

Baseline Data for FFY 2004 (2004-2005):    AR FFY 2004- 2005

Discussion of Baseline Data:  There is a total of 1,222 children in day programs plus 873 children served at home, which equals 2,095 children divided by our child count of 2,725, which gives us 77% measurement.

 

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	77.2% of infants and toddlers with IFSPs will primarily receive services in the homes or programs for typically developing children.
2006 (2006-2007)	77.5% of infants and toddlers with IFSPs will primarily receive services in the homes or programs for typically developing children.
2007 (2007-2008)	77.6% of infants and toddlers with IFSPs will primarily receive services in the homes or programs for typically developing children.
2008 (2008-2009)	78% of infants and toddlers with IFSPs will primarily receive services in the homes or programs for typically developing children.
2009 (2009-2010)	78.2% of infants and toddlers with IFSPs will primarily receive services in the homes or programs for typically developing children.
2010 (2010-2011)	78.4% of infants and toddlers with IFSPs will primarily receive services in the home or programs for typically developing children.

Improvement Activities/Timelines/Resources:

Once the State has more staff for monitoring, we will have the ability to monitor this indicator more fully and closely to make sure the children are NOT in a segregated setting.  Our Service Coordinators currently are supposed to contact the family as the family has indicated on the IFSP (page 3 of IFSP).  The family indicates how often they will be contacted and how the family prefers to be contacted.

The revised policy and procedures will clarify everyone’s roles and responsibilities.

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Early Intervention Services In Natural Environments

Indicator 3:  Percent of infants and toddlers with IFSPs who demonstrate improved:

A.      Positive social-emotional skills (including social relationships);

B.      Acquisition and use of knowledge and skills (including early language/ communication); and

C.      Use of appropriate behaviors to meet their needs.

(20 USC 1416(a)(3)(A) and 1442)

Measurement: NEW INDICATOR -  DUE IN 2007 A.      Positive social-emotional skills (including social relationships): a.       Percent of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers = # of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers divided by # of infants and toddlers with IFSPs assessed times 100. b.       Percent of infants and toddlers who improve functioning = # of infants and toddlers who improved functioning divided by  # of infants and toddlers with IFSPs assessed times 100. c.       Percent of infants and toddlers who did not improve functioning = # of infants and toddlers who did not improve functioning divided by # of infants and toddlers with IFSPs assessed times 100. If children meet the criteria for a, report them in a.  Do not include children reported in a in b or c.  If a + b + c does not sum to 100%, explain the difference. B.  Acquisition and use of knowledge and skills (including early language/communication): a.       Percent of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers = # of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers divided by # of infants and toddlers with IFSPs assessed times 100. b.       Percent of infants and toddlers who improved functioning = # of infants and toddlers who improved functioning divided by  # of infants and toddlers with IFSPs assessed times 100. c.       Percent of infants and toddlers who did not improve functioning = # of infants and toddlers who did not improve functioning divided by # of infants and toddlers with IFSPs assessed times 100. If children meet the criteria for a, report them in a.  Do not include children reported in a in b or c.  If a + b + c does not sum to 100%, explain the difference. C.  Use of appropriate behaviors to meet their needs: a.        Percent of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers = # of infants and toddlers who reach or maintain functioning at a level comparable to same-aged peers divided by # of infants and toddlers with IFSPs assessed times 100. b.        Percent of infants and toddlers who improved functioning = # of infants and toddlers who improved functioning divided by  # of infants and toddlers with IFSPs assessed times 100.        c.  Percent of infants and toddlers who did not improve functioning = # of infants and toddlers  who did not improve functioning divided by # of infants and toddlers with IFSPs assessed times 100. If children meet the criteria for a, report them in a.  Do not include children reported in a in b or c.  If a + b + c does not sum to 100%, explain the difference.

Overview of Issue/Description of System or Process:

General Supervision Enhancement Grant  (GSEG)

This was a grant jointly applied for by the Arkansas Department of Education (ADE) and the Arkansas Department of Health and Human Services (DHHS).  The intent was to develop methods, using the Arkansas Frameworks for birth to five year olds, to capture information on the improvement of children’s development in the Early Intervention program, as well as, Part B program.

Through our collaboration and coordination, the ADE and ADHHS will ensure an ongoing process to improve early intervention services and special education and related services provided to children and youth with disabilities and their families in the State of Arkansas. 

It is the intent of Arkansas Department of Education and Arkansas Department of Health and Human Services to have a two-fold emphasis:  1.)  development of outcome measurement system for Part C Infants and toddlers and Part B preschoolers with disabilities and 2.) on smooth transition for children and families from Part C to Part B programs. 

We focused on the following four critical elements of accountability:

·        Child Outcome – Maximizing child opportunities for favorable developmental outcomes

·        Family Outcome – Strengthening family capacity to be partners in the decision making process for positive child outcomes through technical and social support

·        Personnel Outcome -  Increasing competency of all personnel serving infants and toddlers (Part C) and preschool (Part B) in using the outcome based system

·        System Outcome – Increasing collaboration and coordination across services (Part C and Part B) to ensure smooth implementation of outcome-based system for children and families. 

Our anticipated benefit of the GSEG will be to improve the effectiveness of early intervention and early childhood programs in increasing favorable developmental outcomes for young children with disabilities to help prepare them for success in the least restrictive school setting.

 Once the indicator measurement system is established and supported with the technology infrastructure to collect, analyze and report data to measure the effectiveness of the programs, it will continue without additional funding.  The ADE and the ADHHS will continue to provide training to service providers in using the outcome system and families will continue to receive parent opportunity.

 

Baseline Data for FFY 2004 (2004-2005):   AR FFY 2005 - 2006

 

Discussion of Baseline Data:  NEW INDICATOR

Describe How Data will be collected:

Data for this indicator will be collected via the new Special Education Automation Systems (SEAS).  The SEAS program will have the ability to capture the child outcomes and improvements.

 

SAMPLING METHODOLOGY:

Background:

 The Division of Developmental Disabilities Services (DDS) requested that Research and Statistics provided a valid methodology for two samples for their Arkansas State Performance Plan.

Objective:

Provide two separate samples for an infant/toddler and parent population using the guidelines set by the Office of Special Educations Programs.

Plan:

 DDS will provide Research and Statistics two population files for each group using the DDS ID number and Social Security number to identify each child/parent.

Research and Statistics will use these files to pull two automated Simple Random Samples at a 95% Confidence Level with a 5% margin of error.  A 10% over sample will be included with each sample.

Contact Persons:

 Arkansas Department of Health and Human Services; Division of Developmental Disabilities Services:  Sharon Mitchel, (501-682-8703) and Research and Statistics Unit:  Lyle Jackson, Statistical Manager (501-682-6261)

 

 

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	NEW INDICATOR
2006 (2006-2007)	Arkansas will aim for 100% compliance.
2007 (2007-2008)	Arkansas will aim for 100% compliance.
2008 (2008-2009)	Arkansas will aim for 100% compliance.
2009 (2009-2010)	Arkansas will aim for 100% compliance.
2010 (2010-2011)	Arkansas will aim for 100% compliance

Improvement Activities/Timelines/Resources:

Arkansas will:

•  Decide on the best method/test to use on children to indicate improvements

·         Collect data on infant and toddler improvements by requiring that Annual Goals be written to reflect improvement to chronological age and/or require providers to age levels to their objectives, which would allow us to track improvement through progress on goals and objectives.

·         Train the state staff on the use of SEAS and the entering of data correctly.

·         Educate the providers on the new requirement of child outcomes.

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Early Intervention Services In Natural Environments

Indicator 4:  Percent of families participating in Part C who report that early intervention services have helped the family:

A.  Know their rights;

B.  Effectively communicate their children's needs; and

C.  Help their children develop and learn.

(20 USC 1416(a)(3)(A) and 1442)

Measurement:       NEW INDICATOR DUE:  2007 A.  Percent = # of respondent families participating in Part C who report that early intervention services have helped the family know their rights divided by the # of respondent families participating in Part C times 100. B.  Percent = # of respondent families participating in Part C who report that early intervention services have helped the family effectively communicate their children's needs divided by the # of respondent families participating in Part C times 100. C.  Percent =  # of respondent families participating in Part C who report that early intervention services have helped the family help their children develop and learn divided by the # of respondent families participating in Part C times 100.

Overview of Issue/Description of System or Process:

Arkansas will have a monitoring tool which includes all components of Part C of IDEA and an assessment of:

Ø      Service Coordination activities & requirements for the development of the IFSP

Ø      Family needs, including needed supports and services identified and included on the IFSP as family outcomes.

Ø      Proper procedures utilized to determine eligibility

Ø      Service level determination process and trends

Ø      More discussion and information provided to the parent prior to the IFSP meeting about eligibility and level of service that the team will need to made decisions about.  This may be tracked through the monitoring parent interview or parent questionnaire.

Results will be obtained through multiple methods; record review including data records as well as child record review, annual assessment, parent interview and 618 data verification.

Monitoring and supervision activities will be in place to ensure compliance with Part C of IDEA regardless of funding source and/or service delivery site.  Each local service coordination and service provision entity will be able to identify and address areas of non-compliance and needed improvement as a result of monitoring.  The monitoring process will include a parent survey to obtain parental input into the program’s operation.  Parents surveyed will indicate that they know their rights as a parent and had input into the evaluation and planning process for their child.  Family concerns or requests for more information about their rights, their child’s needs, or how to help their child learn will be reviewed by the team and addressed on page 3 of the IFSP.

           

 

Monitoring and supervision activities will be in place to ensure compliance with Part C of IDEA regardless of funding source and/or service delivery site.  Each local service coordination and service provision entity will be able to identify and address areas of non-compliance and needed improvement as a result of monitoring.  The monitoring process will include a parent survey to obtain parental input into the program’s operation.  Parents surveyed will indicate that they know their rights as a parent and had input into the evaluation and planning process for their child.

           

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2006 -  2007

 

Discussion of Baseline Data:

 

      SAMPLING METHODOLOGY:

           

 

SAMPLING METHODOLOGY:

Background:

 

The Division of Developmental Disabilities Services (DDS) requested that Research and Statistics provided a valid methodology for two samples for their Arkansas State Performance Plan.

 

Objective:

 

Provide two separate samples for an infant/toddler and parent population using the guidelines set by the Office of Special Educations Programs.

 

Plan:

 

DDS will provide Research and Statistics two population files for each group using the DDS ID number and Social Security number to identify each child/parent.

 

Research and Statistics will use these files to pull two automated Simple Random Samples at a 95% Confidence Level with a 5% margin of error.  A 10% over sample will be included with each sample.

 

Contact Persons:

 

Arkansas Department of Health and Human Services; Division of Developmental Disabilities Services:  Sharon Mitchel, (501-682-8703) and Research and Statistics Unit:  Lyle Jackson, Statistical Manager (501-682-6261)

 

 

 

 

 

 

 

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	NEW INDICATOR
2006 (2006-2007)	Arkansas aims to have 100% compliance.
2007 (2007-2008)	Arkansas aims to have 100% compliance.
2008 (2008-2009)	Arkansas aims to have 100% compliance.
2009 (2009-2010)	Arkansas aims to have 100% compliance.
2010 (2010-2011)	Arkansas aims to have 100% compliance.

Improvement Activities/Timelines/Resources:

Integration of the monitoring tool into the data management system will be implemented.  This will allow for consolidation of collection, analysis reporting and integration of data as it relates to improving efforts of public awareness and child find, referral and referral source information, existence and appropriate use of and documentation of services, transition and service coordination activities.  (NEW TARGET)

The current Client Interview tool is used either face to face or by phone.  Questions are asked about services; quarterly contact by the Service Coordinator; transitions process

The Parent Training and Information Network (PTI) will do ‘Focus’ groups, with the assistance of the state staff, to further educate parents and providers in all six regions of the State of Arkansas.

Describe How Data will be collected:

                        Arkansas Family Survey

                        Licensure Monitoring

Quality Assurance Monitoring by State Staff

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / Child Find

Indicator 5:  Percent of infants and toddlers birth to 1 with IFSPs compared to:

A.  Other States with similar eligibility definitions; and

Arkansas has ‘broad’ eligibility definitions.  Other states with similar eligibility definitions are Alabama,  Maryland and Virginia. 

B.  National data.

National Average for 0 to 1 years old:   39,021  =   .003% (U.S. and D.C.)

(20 USC 1416(a)(3)(B) and 1442)

Measurement: A.         Comparison of Arkansas to other States with similar eligibility definitions:             State                      Age  0 to 1                       Percent             Arkansas                       260                          .002%             Alabama                        216                          .001%             Maryland                      763                          .003%             Virginia                         579                          .002%   B.  National Average –- 0 – 1    39,021  ……… …003%             (U.S. and D.C.)   (The above information was taken from IDEA.ORG – Table 2.)

Overview of Issue/Description of System or Process:

The lead agency, with assistance from the State Interagency Coordinating Council, makes every effort to coordinate with other major efforts in the state to identify, locate, and evaluate all children eligible for services.  The First Connections Child Find system is consistent with Part B of the IDEA.  An ongoing Child Find effort exists to inform the community about the right to and the availability of early intervention services for children with disabilities. 

 

The child find system policies and procedures insure that:

• All infants and toddlers in the State who are eligible for services are identified, located, and evaluated through statewide and regional Child Find campaigns that are coordinated with the Arkansas Department of Education and/or by primary referral sources through staff/contracted DDS Service Coordinators.  Currently, state staff and local providers interact with local physicians, health units and social service agencies, present at state conferences and regional health fairs, and participate in Local ICC to increase public awareness of the state Part C program.  A report will be generated on a monthly basis, which will identify the children referred, their county of residence, the referral source, and the outcome of the referral.
• Through the Data Collection process, an effective method had been developed and implemented to determine which children are receiving needed early intervention services, and which children are not receiving those services.  A quarterly report will be generated which will identify the services included in each IFSP developed.  This report will be cross-referenced with the billing report to verify services included on the IFSP are being provided.  Use of data is subject to confidentiality requirements.

 

We have public awareness brochures available to everyone in the State through Arkansas Special Education Research Resource Center (ASERRC).  There is currently a web site that  materials can be ordered and tracked.

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004  -  2005

Discussion of Baseline Data:

Using 618 Data from 2004, Arkansas served 311 infants birth to 12 months out of a population of 1,021 or .83%.  In comparison to other States with similar broad eligibility definitions (excluding at risk children from the number).  Arkansas ranks number 18 in serving the birth to one population.

(REF.  http://www.federalresourcecenter.org/frc/sppc.htm)

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas will serve .83% of the birth to 12 month population, which is just slightly below the National average.
2006 (2006-2007)	Arkansas will serve .84% of the birth to 12 month population.
2007 (2007-2008)	Arkansas will serve .85% of the birth to 12 month population
2008 (2008-2009)	Arkansas will serve .86% of the birth to 12 month population
2009 (2009-2010)	Arkansas will serve .87% of the birth to 12 month population
2010 (2010-2011)	Arkansas will serve .88% of the birth to 12 month population

 

 

 

 

Improvement Activities/Timelines/Resources:

The local ICCs will be doing more child-find activities.  They are currently working on a definitive child-find plan and public awareness plan of action which they will implement within 2006.  The Local ICCs will also target Arkansas Health Education Centers (AHEC), (they are responsible for training doctors), located around the State of Arkansas to disseminate Early Intervention information to their patients and to train doctors on Early Intervention referrals.

 

The Child Find Committee has established a web site (http://www.archildfind.org), which will give access to all Child Find resource materials, including the new brochures and provide parent information, helpful contacts, program fact sheets, parent input surveys and evaluations.  Brochures can be ordered online by anyone in the State.  There is also a survey on this web site that must be completed before the second order of materials.  This survey will give the number of brochures ordered; who ordered them and distribution information.

 

Arkansas will focus more Child Find efforts into the Southeast part of the State, as it has the lowest numbers.  We will target this area of the State aggressively within this year and bring the numbers up.  Also, more outreach will be done with non-English speaking populations, especially Hispanic and Marshallese through local cultural organizations, health and social service providers and churches.

 

 

 

 

 

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / Child Find

Indicator 6: Percent of infants and toddlers birth to 3 with IFSPs compared to:

A.  Other States with similar eligibility definitions; and

 Other States with similar eligibility definitions

Alabama, Virginia and Maryland have very similar eligibility definitions as Arkansas.

 

B.  National data.

**National Average ---- 269,596 …………2.24%

                        (U.S. and D.C.)

 

(20 USC 1416(a)(3)(B) and 1442)

Measurement: A.         Comparison of Arkansas to other States with similar eligibility definitions:             State               Age 0 – 3                    Percent             Arkansas              2,772                     2.46%             Alabama               1,207                     1.20%             Maryland             5,774                     2.60%             Virginia                4,204                     1.40%     B.         National Average ---- 269,596 …………2.24%           (U.S. and D.C.)   (The above information was taken from IDEA.ORG – Table 2.)

Overview of Issue/Description of System or Process:

The lead agency, with assistance from the State Interagency Coordinating Council, makes every effort to coordinate with other major efforts in the state to identify, locate, and evaluate all children eligible for services.  The First Connections Child Find system is consistent with Part B of the IDEA.  An ongoing Child Find effort exists to inform the community about the right to and the availability of early intervention services for children with disabilities. 

 

The child find system policies and procedures insure that:

• All infants and toddlers in the State who are eligible for services are identified, located, and evaluated through statewide and regional Child Find campaigns that are coordinated with the Arkansas Department of Education and/or by primary referral sources through staff/contracted DDS Service Coordinators.  A report will be generated on a monthly basis, which will identify the children referred, their county of residence, the referral source, and the outcome of the referral.
• Through the Data Collection process, an effective method had been developed and implemented to determine which children are receiving needed early intervention services, and which children are not receiving those services. 
• A quarterly report will be generated which will identify the services included in each IFSP developed.  This report will be cross-referenced with the billing report to verify services included on the IFSP are being provided.  Use of data is subject to confidentiality requirements.

 

Baseline Data for FFY 2004 (2004-2005):   AR FFY  2004  -   2005

 

Discussion of Baseline Data:  Arkansas has an average of 2.94%, while the National average is 2.24%.  Arkansas ranks number seven (7) among the states with ‘Broad’ eligibility criteria in serving the birth to three population.  Arkansas average ‘low birth weight’ is at 9% and our average for ‘pre-term birth’ is at 13.1% for the past three years according to the  ‘Public Health Bulletin’.  The average number of births for the past three years is 36,592, however, 2005 shows an incomplete summary due to birth certificates not yet filed.

      (Ref. http://www.federalresourcecenter.org/frc/sppc.htm)

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas will serve 2.95% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.
2006 (2006-2007)	Arkansas will serve 2.96% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.
2007 (2007-2008)	Arkansas will serve 2.97% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.
2008 (2008-2009)	Arkansas will serve 2.98% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.
2009 (2009-2010)	Arkansas will serve 2.99% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.
2010 (2010-2011)	Arkansas will serve 3.0% of the birth to three year old population and remain ranked in the top 10 states of those with a broad eligibility category.

 

 

 

Improvement Activities/Timelines/Resources:

Arkansas will:

• Work to improve our Child Find activities
• Do more public awareness ads and campaigns
• Work to educate communities about Early Intervention Services
• Target non-English speaking populations (as in previous indicator)
• Develop memorandums of understanding with other agencies that provide services to this age group:  Early Head Start, ABC, CHMS

 

 

 

 

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / Child Find

Indicator 7:  Percent of eligible infants and toddlers with IFSPs for whom an evaluation and assessment and an initial IFSP meeting were conducted within Part C’s 45-day timeline.

(20 USC 1416(a)(3)(B) and 1442)

Measurement: Percent 55% = # 1,766 eligible infants and toddlers with IFSPs for whom an evaluation and assessment and an initial IFSP meeting was conducted within Part C’s 45 day timeline divided by # 3,201 of eligible infants and toddlers evaluated and assessed times 100 = .551.  Account for untimely evaluations.  45% were untimely due to lack of personnel and we are non-compliant as we are well below the 100% mandatory target, however, Arkansas has plans to put in place for improvement.

Overview of Issue/Description of System or Process:

Timelines for Public Agencies to Act on Referrals

 

• The service coordinator is the Intake entity for Part C in Arkansas and acts on the referral once it is received.
• Within 45 days after a referral is received the service coordinator will:

ü      Complete the evaluation and assessment activities and

ü      Hold an IFSP meeting

 

The Service Coordinator will also:

• Conduct Quarterly Reviews with the parents
• Conduct Quarterly Progress Update with providers
• Contact the parent per IFSP indication of when they (the parents) want to be contacted

 

 

The Quality Assurance Unit does:

• Child Record Reviews (sampling)
• Check for initiation of service and chart notations
• Service Delivery

Parent Interviews (done by sampling on audits)

 

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004  -  2005

 

Discussion of Baseline Data:

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.
2006 (2006-2007)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.
2007 (2007-2008)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.
2008 (2008-2009)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.
2009 (2009-2010)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.
2010 (2010-2011)	100% of eligible infants and toddlers with IFSPs will receive an evaluation and assessment and an initial IFSP meeting will be conducted within Part C’s 45-day timeline.

Improvement Activities/Timelines/Resources:

Arkansas will do the following corrections:

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / Effective Transition

Indicator 8:  Percent of all children exiting Part C who received timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including:

A.      IFSPs with transition steps and services

B.      Notification to LEA, if child potentially eligible for Part B: and

C.  Transition conference, if child potentially eligible for Part B.

(20 USC 1416(a)(3)(B) and 1442)

Measurement: A.      Percent 88% = #1238  of children exiting Part C who have an IFSP with transition steps and services divided by # 1414of children exiting Part C times 100 = .875 = 88%. B.      Percent 35%  = #419 of children exiting Part C and potentially eligible for Part B where notification to the LEA occurred divided by the #1210 of children exiting Part C who were potentially eligible for Part B times 100 =34.6. C.      Percent 51% = #611 of children exiting Part C and potentially eligible for Part B where the transition conference occurred divided by the #1210 of children exiting Part C who were potentially eligible for Part B times 100 = .504. We are currently below the 100% mandatory target.  However, this is the best data Arkansas has now, but we will put new procedures in place to correct our collection and entry of data for the next year.

Overview of Issue/Description of System or Process:

Stakeholder’s Input:

One of our ICC members suggested that we do the following: 

·         Look at the data we have the 0-3 providers reporting at the present time and revise the current reporting document.

·         Make the questions specific to what is being asked in these fourteen priority indicator areas.

·         Divide the reporting periods into (birth to 8 months; 9 – 17 months; 18 to 29 months and 30 to 36 months).  This would capture our transition information in 30 to 36 months.

·         Everyone would submit this information by November 10^th with the ending date of the data being October 31^st; this would allow us to set our target dates for information to be submitted in various intervals.

Transition

The projected date for transition is included on the initial IFSP.  Transition steps are added to the IFSP at least six (6) months prior to the child’s third birthday.    The Service Coordinator is responsible for facilitating the development of a transition plan that will ensure a smooth and effective transition of the child to special education and related services under Part B, if appropriate, or other services that may be available, if appropriate.

 

The Lead Agency and Arkansas Department of Education have established formal transition guidelines.  The purpose of these transition guidelines is to establish a cooperative interagency transition plan.  Use of these guidelines is an important step toward providing comprehensive and uninterrupted services and should result in increased communication among agencies and families and establish a foundation for future cooperation.  It is the pre-transition period that the process is initiated and responsibilities are assigned.  This process involves representatives from both sending and receiving agencies and the child’s parent/guardian in joint planning (Early Childhood Coordinator, Local Education Agency, etc.).

 

The steps required are:

• Discussion with and training of, parents regarding future placements and other matters related to the child’s transition;
• Procedures to prepare the child and family for change in service delivery, including steps to help the child adjust to and function in a new setting and
• With parent notification, the transmission of information about the child to the local education agency, to ensure continuity of services, including evaluation and assessment information, and copies of IFSPs that have been developed and implemented.
• SEAS will make transition a seamless effort

 

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004  - 2005

 

Discussion of Baseline Data:

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B. C.      A transition conference will occur in 100% of the instances when a child is potentially eligible for Part B.
2006 (2006-2007)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B.   C.   A transition conference will occur in 100% of the instances when a child is                  potentially eligible for Part B.
2007 (2007-2008)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B. C.      A transition conference will occur in 100% of the instances when a child is potentially eligible for Part B.
2008 (2008-2009)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B. C.      A transition conference will occur in 100% of the instances when a child is potentially eligible for Part B.
2009 (2009-2010)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services. B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B. C.      A transition conference will occur in 100% of the instances when a child is potentially eligible for Part B.
2010 (2010-2011)	100% of all children exiting Part C will receive timely transition planning to support the child’s transition to preschool and other appropriate community services by their third birthday including: A.      100% of IFSPs will contain transition steps and services B.      The local education agency will be notified in 100% of the instances when a child is potentially eligible for Part B. C.      A transition conference will occur in 100% of the instances when a child is potentially eligible for Part B.

Improvement Activities/Timelines/Resources:

Arkansas will do the following to improve the transition process:

• The transition steps will be listed on the IFSP prior to 6 months of child turning 3 years of age
• The Service Coordinators will receive continuous training on the process of transitioning.
• The new automation system SEAS will have the capability to make the transition process a seamless process by giving access, to both Part C and Part B, to a child’s records.
• Invitational letters are to be sent to the educational Cooperatives
• Arkansas will keep good open communication with the State staff regarding good input into the data system

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / General Supervision

Indicator 9:  General supervision system (including monitoring, complaints, hearings, etc.) identifies and corrects noncompliance as soon as possible but in no case later than one year from identification.

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement: A.   Percent of noncompliance related to monitoring priority areas and indicators corrected within one year of identification: a.       # of findings of noncompliance made related to priority areas.  #530 b.       # of corrections completed as soon as possible but in no case later than one year from identification.  0 - None Percent = b divided by a times 100. Arkansas through its’ new Data Manager has just identified these numbers and did not know we were out of compliance.  We will have to implement policy and procedures to address these non-compliance issues. B.   Percent of noncompliance related to areas not included in the above monitoring priority areas and indicators corrected within one year of identification: a.       # of findings of noncompliance made related to such areas.  #426 b.       # of corrections completed as soon as possible but in no case later than one year from identification.  0 - None Percent = b divided by a times 100. Arkansas through its’ new Data Manager has just identified these numbers and did not know we were out of compliance.  We will have to implement policy and procedures to address these non-compliance issues. C.   Percent of noncompliance identified through other mechanisms (complaints, due process hearings, mediations, etc.) corrected within one year of identification: a.       # of EIS programs in which noncompliance was identified through other mechanisms. 0 b.       # of findings of noncompliance made.   0 c.       # of corrections completed as soon as possible but in no case later than one year from identification.   0  Percent = c divided by b times 100. For any noncompliance not corrected within one year of identification, describe what actions, including technical assistance and/or enforcement that the State has taken.   These are the best numbers that Arkansas could find this year, but will work to improve our data collection in this area.  We will implement new policy and procedures to address these non-compliance areas.

 

Licensure Quality Assurance is not involved in the monitoring of EI programs against federal guidelines as their monitoring is specific to the Standards for Community Programs.  There are sections of the standard that address EI, but that was what was used to monitor EI programs prior to DDS establishing a Quality Assurance (QA) section.  Should QA staff identify anything in their review that would constitute a violation of a DDS Licensure Standard, it would be referred to Licensure for investigation.  Per DDS policy 1010, Licensure investigates only those issues related to service/supports.  Licensure Quality Assurance monitors all providers annually.

 

Overview of Issue/Description of System or Process:

(Monitoring, Complaints & Hearings)

 

Supervision & Monitoring of Programs (303.501)

The Department of Health & Human Services/Division of Developmental Disabilities Services (DHHS/DDS) is responsible for:

• The general administration and supervision of programs and activities receiving assistance under Part C and
• The monitoring of programs and activities used by the state to carry out the Part C program, whether or not these programs or activities are receiving assistance under Part C to ensure compliance with the regulations, policies, and procedures adopted by the State of Arkansas.

 

Methods of Administering Programs

Pursuant to federal regulations, the Lead Agency is responsible for assuring that appropriate services are provided to all eligible children regardless of provider or funding source.  DHHS/DDS has adopted and uses proper methods of administering early intervention services with the state, including:

• Monitoring of agencies, institutions, programs, and organizations serving eligible children under this part;
• Enforcement of any obligations imposed on those agencies under Part C of IDEA and the policies and procedures adopted by the state;
• Providing technical assistance, if necessary, to those agencies, institutions, programs and organizations and
• Correction of deficiencies that are identified through monitoring.  (Letter of Assurance/Compliance Action Plan.)
• Financial sanctions enforced pursuant to provisions included in the Arkansas Early Intervention Inter-Agency Agreements.

 

 

Adopting Complaint Procedures (303.510)

General

The Arkansas Department of Health & Human Services has adopted written procedures for receiving and resolving any complaint, including a complaint filed by an organization or individual from another state, that any public agency or private provider is violating a requirement of Part C.  The complainant must provide a written signed complaint with the Lead Agency. 

 

The Complaint Procedures for the State of Arkansas are provided to each participant in the Part C program as a part of the Individual/Parent/Guardian Rights.  These rights are provided to participants and their families when a referral is received and the “face to face” contact is made.  A Parent of an eligible child must be provided written procedures for timely resolution of complaints concerning the identification, evaluation, or placement of their child or the provision of early intervention services. 

 

The Complaint Procedures are also provided to interested parties including parent training and information centers, independent living centers, and advocacy groups as a part of public awareness, and are included in literature distributed to the public at large.

 

Each agency/service provider is responsible for the implementation of procedural safeguards.

 

Should the Lead Agency determine a failure to provide appropriate services, the Lead Agency will remediate the denial of those services including as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child and the child’s family.  The Lead Agency will implement a corrective action plan to ensure appropriate future provision of services for all infants and toddlers and conduct a follow up visit within 90 days to ensure appropriate completion of the corrective action plan. 

 

 

Hearing Procedures (300.570)

The Lead Agency will ensure that any hearing conducted under Sec. 300.568 will be conducted according to the procedures under 34 CFR 99.22.

 

Consent (300.571)

A.  Except as to disclosures addressed in Sec. 300.529(b) for which parental consent is not required by Part 99, parental consent will be obtained before personally identifiable information is:

 

• Disclosed to anyone other than officials of participating agencies collecting or using the information under this part, subject to paragraph b of this section or
• Used for any purpose other than meeting a requirement of this part.

 

B.  An early intervention agency or institution subject to 34 CFR Part 99 may not release information from early intervention records to participating agencies without parental consent unless authorized to do so under Part 99.

 

C.  All persons collecting or issuing personally identifiable information will receive training or instructions regarding Arkansas’ policies and procedures under Sec. 300.127, Sec. 303.460 and 34 CFR part 99.

 

D   Each participating agency will maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

 

Enforcement (300.575)

 

The Lead Agency will ensure that participating agencies adhere to the requirements of 34 CFR 300.574 through completion of an established monitoring process.  Should an agency be determined to be in violation of any part, a compliance action plan will be developed and implemented with an established time frame for completion.  If the participating agency fails to implement the technical assistance plan, the agency will be:

• Placed on certification probation for a specified time period to allow the agency an opportunity to come in to compliance;
• Be subject to financial sanctions; and/or
• Be de-certified to provide early intervention services.

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004 -  2005

Discussion of Baseline Data:

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.
2006 (2006-2007)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.
2007 (2007-2008)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.
2008 (2008-2009)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.
2009 (2009-2010)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.
2010 (2010-2011)	Arkansas’ general supervision system identifies and corrects 100% of findings of noncompliance as soon as possible, but in no case later than one year from identification.

Improvement Activities/Timelines/Resources:

 

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / General Supervision

Indicator 10:  Percent of signed written complaints with reports issued that were resolved within 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint.

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement: There were (4) complaints found for Arkansas and they were investigated within the time frame.   100% Percent = (1.1(b) + 1.1(c)) divided by (1.1) times 100.

Overview of Issue/Description of System or Process:

Adopting Complaint Procedures (303.510)

General

The Arkansas Department of Health & Human Services has adopted written procedures for receiving and resolving any complaint, including a complaint filed by an organization or individual from another state, that any public agency or private provider is violating a requirement of Part C.  The complainant must provide a written signed complaint with the Lead Agency. 

 

The Complaint Procedures for the State of Arkansas are provided to each participant in the Part C program as a part of the Individual/Parent/Guardian Rights.  These rights are provided to participants and their families when a referral is received and the “face to face” contact is made.  A Parent of an eligible child must be provided written procedures for timely resolution of complaints concerning the identification, evaluation, or placement of their child or the provision of early intervention services

 

 

The Complaint Procedures are also provided to interested parties including parent training and information centers, independent living centers, and advocacy groups as a part of public awareness, and are included in literature distributed to the public at large.

 

Each agency/service provider is responsible for the implementation of procedural safeguards.

 

Should the Lead Agency determine a failure to provide appropriate services the Lead Agency will remediate the denial of those services including as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child and the child’s family.  The Lead Agency will implement a corrective action plan to ensure appropriate future provision of services for all infants and toddlers and conduct a follow up visit within 90 days to ensure appropriate completion of the corrective action plan.

 

 

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004 -  2005

 

Discussion of Baseline Data:

There were four (4) complaints found for Arkansas and they were all investigated within the time frames, giving us 100%.

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas was 100% in compliance as complaints were investigated timely.
2006 (2006-2007)	Arkansas will maintain 100% compliance.
2007 (2007-2008)	Arkansas will maintain 100% compliance
2008 (2008-2009)	Arkansas will maintain 100% compliance.
2009 (2009-2010)	Arkansas will maintain 100% compliance.
2010 (2010-2011)	Arkansas will maintain 100% compliance.

Improvement Activities/Timelines/Resources:

• Arkansas will have a more structured procedure for handling complaints, such as a Log of complaints and resolutions with timelines (this will be kept updated) and will define ‘date of resolve’.
• Arkansas will receive technical assistance from NECTAC and SERRC
• Arkansas will train the service coordinators about complaint procedures and how and when the procedures must be presented to parents.
• Data system will track the number of complaints, resolutions and timelines met/unmet.
• Arkansas will educate the parents and public on complaint procedures
• The Procedural Safeguards will be reviewed and will be explained to parents as required by state and federal policies and procedures.

 

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / General Supervision

Indicator 11:  Percent of fully adjudicated due process hearing requests that were fully adjudicated within the applicable timeline.

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement: 1 court case is still in litigation in the Arkansas court system stemming from a Due Process Hearing from 2004.  (See below) Percent = (3.2(a) + 3.2(b)) divided by (3.2) times 100.

The lawsuit is:            Court Docket #4:05-CV934

                                              AR Dept. of Human Services Case H-2004-1409

 

This lawsuit was filed 6/29/05 in Circuit Court and is scheduled for trial November 2006, however, a settlement has been offered and is pending plaintiff’s response.  The Due Process Hearing was held at the Office of Hearings and Appeals at Arkansas Department of Human Services in 2004, before the AR FFY.  The Agency made its final decision on this case #20041409 on May 6, 2004.

 

Overview of Issue/Description of System or Process:

Due Process Procedures    (303.420)

Parents must be provided with written procedures for the timely resolution of complaints concerning the identification, evaluation, or placement of their child, or the provision of early intervention services to their child and family.  Any parent may request a hearing to resolve a complaint regarding the parent’s disagreement with the IFSP team decision or the lead agency’s decision regarding evaluation, eligibility, placement or programming issues.  Generally a request for a hearing involves a specific child or child’s family. 

 

Procedures to be utilized are as follows:

An organization or individual may file a written and signed complaint with the lead agency or the complaint may be made in person by recorded deposition or statement.  Such complaint may be communicated directly or indirectly via other state or federal agencies.

 

Appointment of and Impartial Person  (303.421)

An impartial person must be appointed to implement the complaint process.  In Arkansas this person is located within the Department of Health and Human Services, Office of Chief Counsel (OCC).  This person will:

·        Have knowledge about the needs of and services available for eligible children and their families;

·        Listen to the presentation of relevant viewpoints about the complaint, examine all information relevant to the issues, and seek to reach a timely resolution of complaint;

·        Provide to parents a record of the proceedings, including a written decision;

 

Definition of Impartial

The person appointed to implement the complaint resolution process will:

• Not be an employee of any agency or program involved in the provision of early intervention services or case of the child;
• Not have a personal or professional interest that would conflict with his or her objectivity in this process;
• Not an employee of an agency solely because the person is paid by the agency to implement the complaint resolution process.

 

Convenience of Proceedings; Timelines  (303.423)

The complaint resolution process must be carried out at a time and place that is reasonably convenient for parents.  The impartial proceeding described above must be completed and a written decision mailed to each of the parties no later than thirty (30) days after the receipt of a complaint.

 

Civil Action (303.424)

Any party who disagrees with the findings and decision regarding a complaint has the right to bring a civil action suit in State or Federal court.

 

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY 2004  -  2005

 

Discussion of Baseline Data:

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Arkansas plans to improve this indicator by re-training staff on procedural safeguards and due process procedures.  100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.
2006 (2006-2007)	100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.
2007 (2007-2008)	100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.
2008 (2008-2009)	100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.
2009 (2009-2010)	100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.
2010 (2010-2011)	100% of the fully adjudicated due process hearing requests will be fully adjudicated within the applicable timelines.

 

Improvement Activities/Timelines/Resources:

Arkansas will:

• Train staff on ‘due process’ procedures
• Emphasize training staff on helping to better educate parents on ‘due process’ to lessen further complaints
• Improve overall public awareness on ‘due process’ and procedural safeguards
• Put system in place to track all civil actions.

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / General Supervision

Indicator 12:  Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements (applicable if Part B due process procedures are adopted).

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement:  Arkansas had no (0) hearing requests that went to resolution sessions.     NEW INDICATOR

Overview of Issue/Description of System or Process:

Parents dissatisfied with the decision of a public agency or service provider to initiate or change the identification, evaluation, or placement of a child or the provision of appropriate early intervention services to the child and the child’s family meeting the eligibility requirements of this section have the right to file an appeal to resolve their complaints.  This process is called Administrative Hearing.  The Appeals and Hearings Section of the Office of Chief Counsel had been designated as the authority for conducting these hearings.  *Upon notification of filing of due process, the state shall offer a “resolution process”. 

 

Preliminary Meeting

Prior to the opportunity for an impartial due process hearing under subparagraph (A), the local Lead agency shall convene a meeting with the parents and the relevant member or members of the IFSP team who have specific knowledge of the facts identified in the complaint:

 

              I.      Within 15 days of receiving notice of the parent’s complaint

           II.      Which shall include a representative of the agency who had decision making authority on behalf of such agency.

         III.      Which may not include an attorney of the local lead agency unless the parent is accompanied by an attorney; and

        IV.      Where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the local lead agency is provided the opportunity to resolve the complaint, unless the parents and the local lead agency agree in writing to waive such meeting or agree to use the mediation process described in subsection (e).

 

Notification

Notices to parents regarding proposed actions must:

 

1)      Contain specific information about the action being proposed or refused

2)      Provide information on all procedural safeguards that are available

3)      Be written in language that is understandable to the general public

4)      Be provided in the native language of the parents

5)      Be translated orally or by other means to the parent in the parent’s native language or other mode of communication if the native language or other mode of communication of the parents if not written language

6)      Provide written verification that the notice requirements have been met

7)      Advise the parents of the right to request a hearing to resolve complaint

 

Requesting the Hearing

 

A request for a hearing is defined as a clear expression, in writing, by the parents or their representative that they wish to appeal the decision or to present their case to a higher authority.  The freedom to make such a decision must not be interfered with in any way.  If the reason for the request for a hearing is unclear, the Appeals and Hearings Section may request that the parents/attorney clarify the request.

 

The parents/attorney must submit the written request for a hearing to the Appeals and Hearings Office.  They will be advised of any available legal services that can provide representation at the hearing.  If the parents/attorney cannot speak English or have a hearing or visual impairment, bilingual staff or interpreters must be made available, and the hearing procedures must be made clear to the household in whatever manner is required.

 

RESOLUTION SESSION

 

Hearing

If the local lead agency has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the due process hearing may occur, and all of the applicable timelines for a due process hearing under this part shall commence.

 

Written Settlement Agreement

In the case that a resolution is reached to resolve the complaint at a meeting described in a clause (i), the parties shall execute a legally binding agreement that is:

              I.      Signed by both the parent and a representative of the agency who had the authority to bind such agency; and

           II.      Enforceable in any State court of competent jurisdiction or in a district court of the United States.

 

Review Period

If the parties execute an agreement pursuant to clause (iii), a party may void such agreement with (3) business days of agreement’s execution.

 

 

 

Baseline Data for FFY 2004 (2004-2005):    2006  - 2007 

 

Discussion of Baseline Data:   NEW INDICATOR

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	NEW INDICATOR
2006 (2006-2007)	Arkansas will be 100% in compliance.
2007 (2007-2008)	Arkansas will be 100% compliant.
2008 (2008-2009)	Arkansas will be 100% compliant.
2009 (2009-2010)	Arkansas will be 100% compliant.
2010 (2010-2011)	Arkansas will be 100% compliant.

Improvement Activities/Timelines/Resources:

Arkansas will:

• Train staff on resolution sessions and Administrative Hearing process
• Educate parents on the resolution session and Administrative Hearing process
• Implement activities (television ads, brochures, etc.) for public awareness
• Receive continuous technical assistance from NECTAC and SERRC

 

Part C State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development:

 

(The following items are to be completed for each monitoring priority/indicator.)

Monitoring Priority:  Effective General Supervision Part C / General Supervision

Indicator 13:  Percent of mediations held that resulted in mediation agreements.

(20 U.S.C. 1416(a)(3)(B) and 1442)

Measurement: Percent = (2.1(a)(i) + 2.1(b)(i)) divided by (2.1) times 100. Arkansas had no requested mediations held this past year.  (0)  Zero

Overview of Issue/Description of System or Process:

The Mediation process is to encourage early resolution of problems whenever possible.  States are required to offer mediation as a voluntary option to parents and public agencies as an initial process for resolving any disputes.  Mediation cannot be used to deny or delay a parent’s right to a due process hearing or deny any other parental rights under Part C of the Individuals with Disabilities Education Act.  Mediation sessions are conducted, by a qualified and impartial mediator, who is trained in effective mediation techniques.  The Lead Agency shall bear the cost of the mediation process and maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of special education relating to the provision of special education and related services.

 

Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute. 

 

An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.

 

Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings.  The parties to the mediation process will be required to sign a confidentiality pledge prior to the commencement of such process.

 

The Arkansas Department of Human Services, Division of Developmental Disabilities Services has adopted the mediation process used by the Arkansas Department of Education for Part B of the Individuals with Disabilities Education Act.

 

Mediation may be requested by a parent or attorney/representative of Part C in accordance with PL 108-446 section.

 

Forms used are the:  Confidentiality Pledge; the Mediation Conference Report and the Mediation Agreement.

 

 

 

Baseline Data for FFY 2004 (2004-2005):  AR FFY   2004 - 2005

 

Discussion of Baseline Data:   **There were no requested mediations found for Arkansas.

 

FFY	Measurable and Rigorous Target
2005 (2005-2006)	Since Arkansas had no mediation request, we are in compliance 100%.
2006 (2006-2007)	Arkansas will meet the 100% target.
2007 (2007-2008)	Arkansas will meet the 100% target.
2008 (2008-2009)	Arkansas will meet the 100% target.
2009 (2009-2010)	Arkansas will meet the 100% target.
2010 (2010-2011)	Arkansas will meet the  100% target.

Improvement Activities/Timelines/Resources:

Arkansas will:

• Train personnel on mediation
• Review policy and procedures and update as needed on mediation
• Educate parents on mediation process and let them know it is available