WPC!w 2m ZB.Acrobat PDFWriter 3.0x6X@;X@a11Right-Aligned Paragraph Numbers8@   a21Right-Aligned Paragraph NumbersA@` `  ` ` ` a31Right-Aligned Paragraph NumbersJ@  ` `  2La41Right-Aligned Paragraph NumbersS@  a51Right-Aligned Paragraph Numbers\  @hh# hhh a61Right-Aligned Paragraph Numberse  @( hh# a71Right-Aligned Paragraph Numbersn @- ( 2m  < a81Right-Aligned Paragraph Numbersw@pp2 -ppp a1TechnicalTechnical Document Style 4!     a2TechnicalTechnical Document Style *    a3TechnicalTechnical Document Style '   2  3  = a4TechnicalTechnical Document Style &   a5TechnicalTechnical Document Style &  . a6TechnicalTechnical Document Style&  . a7TechnicalTechnical Document Style&  . 2[  y 3  a8TechnicalTechnical Document Style&   . a1DocumentDocument StyleF!" *  ׃  a2DocumentDocument Style*# $   a3DocumentDocument Style0% &    28q e ecpa4DocumentDocument Style'( . a5DocumentDocument Style )* a6DocumentDocument Style +, a7DocumentDocument Style-.` ` ` 2pj `Da8DocumentDocument Style/0` ` ` Inserts2Redline12[ ]Insert 1Insert Information (CGTimes Bold,It.12pt)(34'#Xx*0 x7X#[]#Xx*0 x 7X#2H SubheadingSubheading.5 6  Right ParRight-Aligned Paragraph Numbers<78@    HeadingChapter Heading39 : *  ׃  PleadingHeader for numbered pleading paper;<   , \hX  y*dddyy*dddy HH1 HH2 HH3 HH4 HH5 HH6 HH7 HH8 HH9 H10 H11 H12 H13 H14 H15 H16 H17 H18 H19 H20 H21 H22 H23 H24 H25 H26 H27 H28   ӕ2# $  !n0sTech InitInitialize Technical Style=> 1 .1 .1 .1 .1 .1 .1 .1 TechnicalDoc InitInitialize Document Style ?@    I. 1. A. a.(1)(a) i) a)DocumentҲBibliogrphyBibliography!AB x6X@;X@<6X9`("Courier 10cpiXxd6X@@<6X9`("Courier 10cpix6X@;X@<6X9`("Courier 10cpiXxd6X@@<6X9`("Courier 10cpix6X@;X@<6X9`("Courier 10cpiX<6X@,@<6X9`("Courier 10cpi,x6X@;X@<6X9`("Courier 10cpiXH H@7@3 H`$Xx*0 x7X**0XXx*0 x 7X**0X2U ] #|xVhhd UUUUUUUUUUUUU ,,,888EEEQQQaaaqqq 'Vhh,,<<;;::99887777665554443?333222211110?000/?///. /. ...----,-,,,,+?,+  ++  +*  +*  ** *) *) ))? )) )(? ??(((( ('? ??''? '' ''&&&&?&& && ?%% %%?  %% %% ?$$ $$ $$? $$? ?##? ##? ? ?## ?? ?## ?? ???"" ???"" ??"" ? "" ??!" !! !! !!  ! ? π?     ?   ?     ??????  ? ??  ??? ??? ???   ? ?? ?????? ? ? ????  ? ?  `?  ?x` | ?> ?? ????? ???????????? ???????? ? ??? ? ??? ? ?À   ?   ? ?   ??? ? ? ? ? ?? ?    ???   ? ? ????? ???????? ??? ? ?? ?  ?  ??   ?   ???  ?  ?    ?    ?    ??  ?    p??  >  ?x  ? |  ???>  ???  ???@  ?  ??   ??      ?         ?       ??? p?    ?  ?    ??     ??  ?? ?G #???? ???? ?? ? ? ?    ???  ??  ? ?? ? ?p ???   ?? |0 ?        ?    ~   ?~ ?  ??~?   ? ??~?   ?? ǀ?? ?  ? ??? ?   ??<?   ? "|?? ?    x? ?    ?ǀ    ??   ? ?? ?  ? > ???   ?? 0|?  ? `>  ?  C>`  ? C `?   'C?`?   Cg!??  ?? AG??   >??   #?3?   '??3?   ? 3?  ?  ?  ?  ??  ?? ?0??    ?>`?   ??C   ??K?Ɔ?   ??Cp?   ??0 ?  ?? ? ?  ? g?  ?? ''6 `?  ? '?'6   ? '??'n??   ? (?m??   ??? !~? π  ??? ?O    ?        ǀ       π  ? ?    ?      ? ?? ?     sa? ?    (g?@???    ?)    ?s)      ?? ?   ? ?  À??   ?  %1<???     %c>#    %6g~  %n   ??%3n7 > ? ??ǃ%?g?|g1?   ??3g3   % 3  0 ?w9q3 ?  nsa#À #  l}#   π|#? ?#h???@c?????G???g ??~??~?|???2n?| ?? ?8&|??y p܀ /x????v `~< /?  |8y?߀  ه xy   &p ?? G0?;&@|?c ? f?& ??  &g?  ??#g??͑'O??'@O ???π!OǏ???  '7`π'3x? πah?? π'`l?8?π? ??'`(񟌿pπ? ;  oπ 6 ?c?π   ??1ǀ?ߟ0 ??81????ߟ` ?q???۟x  ??ۿp|| ????`<| 9>?π ?x<< ?B?? B'?? `?5???`y?5/?@? @3?5 ?@??`@# 3??#?`|#@?`?x" ??? ?〆 ? ??0|?O0 ?x|px?x? ?π8~q ~w>? ?l y 8< ǀ???? s 0|? o0? ?0 ?π p??<0? ???܃??{ ?O ? ??pÀ8> _  ?`0À!>`_? ? a!぀!>b ? '@Ca　   A ? ?A?L??  À??A? ? ?8DŽA? y ?|x?A1?? q?  >?? ?x?#pA?#?  ? ?y?08`A??   ?1x`? ?< `?р? ??<H? `? ?` ???? `??? ?Ȁd? ?8DG?  0D?? 0g?D?? `cG?@?π? `g??@??߀?  @3?@>   !?@><?  8?}/<?>? ?|@xπ?'< ~ ?? <@?'=#  ?OO s'A9π ? 'π'A8 ?~ ?$?'A8?  ???8%8 ??%4`0?D??{ 0??  ?' 0 ??g 0 ??8?p  ?paBp ? ??? ?Bp  ?ǀp?  ?矀`  ??` =??? ? =?7ǀ ?? =C c?< `q 3ǀ>`sa?3? ~0=x?C83??  88ǀ8 c3?? ?8  3 ????? 8@l `?3? ? ?@&?G?s?  ?80 }0 yg?`s  ?0q #yg?   q `g? ??  ?<? ????` `?#o<? ??'O<1p > ??p !{O>8p`0<  |p !y>8@ x8?!~8 ?<88  ?3#> <p86 ? ~ ?|}`0???? ? $a?|>}@18 ?  ?p?||=@! ???2x< ????~<'~ ??? ?`0>?? ???? !! `  "#???87 @??~p70? ?0887`????0 7 ? ~??p' ??pʄ ?? ??pʅ0` ? ???x<8x '8 ??x 8` &~?р?| :?~?? >`????? >0p???? ~À ?????~1  ?????? 0v# ?    <   ǀ? @~ ?  À? 0@0? ?  ?  ?? `?x 0@?  ??? ? ` ?  ? ~ À?? ' ??`>> @? g ??> ?@? ߀ ?? <>? 3?π  x? ~ ñ??   8~ ǁ , `@, {8?0? ;"`8@?< ?p8?? ???x   ? `? `??  ??p? 0 ?>0? ? 0  ?ǀ 08 |? ? 0  ` q ?ǀ @`<`@??ǀ @`` ?|???ǀ@<@?   ????ǀx@@xq?????ǀ @>? ????ǀ@1@? ? ????ǀa?`῀?πp p?`|??| ?x  @s'vA?? c?x  @F?@π???! 1?P 8 @? ?π?? ??` @0?~π?? 8? @ߟ??<π??? ?30ߟO? ?@f 0 ?? y?   C? ? <` ?o1  `@ 1g@&c; w`  |#?Lǀ g@ ?~ @gɀ ~?, p@ "`}?0A &? 8? ?n?8d?? aO ?8?8Hq aH0  d?A?? C@ @@ a s?`6`@? 1c? 6`@3? | Ѓ@?`3? ?π #|@? 8??`?y  ?p?|  `|?`9 ?p? 8x@?8 ߘ?` { ?|`p<|@ƒÀ'8` 3  ?x p?<|@ 0`w ?? ?À <<?B   ?)~ ?ǀ~? C!  C@!O  @ C OA?@ /Oπ & O???? ?À ~?8"0? $ ~p7???@`? ' ~l3`??@?`@<Ã3O????@0 <ƃ#O??@  #??@?π ?p? $??@π 8x ? ?@pπ~ 80 ` ?@x x8 G ???@|À`?g  @~ǀ g@  0  w'?8@ ???@? '0@ ?<`?0ga@@g @??sO  @<?1? ? 0  > ?ȑ 8? ǀ?< <aO ??>>??gO?? ??/O? ??/O&?ǀ? $ ? O$?yv?ǀ?ǀ?ޕ x|;Y Oπ?  x ?  8b ?  0 0" @;? ??l  `̏;?À?? ?4 @`?π  ?? @1p7??|?@  @?? 0x ??? 0~>ǀ? ?  p??8?0 `x? ?006x? ?x|<0< ??`<  ?  q 08 ?y< ? ?<~ ?@`x?? @?>! 0~ ??w~ p π 1> ! p0π c߃  `  G ? @ǀ>? ?s@8 ?0??`?? ~x???? |'??? 0@g?? @`@` ?@ރ? ` ?? |@0?@?0  ~?`# 8 ?π|`?ǀ 8 π`|?À ?8C/?p?80??< `??À8 0`?8 ?8!  0p  0a?   x00>x? 8# 0a@`? @|< !`À ? G??~ǀ? #   G ? ? < xƃ <Aà  ? Ȁ <ă ?@?  |ă?v??@ # !|ă?0x??@?a\O~ |??@s| AL@~<` < ??@ xL>A@ 8?@>? l@<|0?@>?@>~`8?@~>   > ~8? @??   w c ~?π? @? p1 C |?cπ? @? ?̈́  |`qπ? @? ?00|@?x?? @?? 0<?|? @?x`x c0??? @?y`8 3 <0'? ?À 0p 0 0@`` ǀ  8@`A1  0?8``B? ? ?p 0@x? @a??? `0@`1?  w?` @`  ?@` `` ?O `8`p O> p ?` 8O? y0 '? 0`  ???  @p? `>+@@ >k@ π  ~kB p  ?B  ?`  ~80?  ~<?? ?o?? ?@ ?< ` 8`  x|`q q 87?3  t0'??c  ?L~ >??  ?x? ? 0>| ? ? 0`>| ~ ? `x@> @?? ? ?? ?p<p? ? H0?8??? ? @ 88 7y?  `? 0 ? a  @<  `?!   ` `@  ?`? ????  $8` ????   ?288???  ?f8???  ?@lpx ???  @@ ???  3`@?  ?@? ??߀  0 `? ? ?` !0px? ? `N 8?8A?? _`?0A?$?? ?_ hG@??8?? |G `h#` ? À?  ?<?x @>Ǐ?À  '` _{@@0@>  (G p{p`@~? ( ?O&g `{x0 @|@> ?N'o+|0`<;xO? ?'o?#~ 8(  /o?  @8 8H? ??|?  @8 `?>x ?`@0`???|0} 0?`@0?@@~` x 0?p@?@  ? y/ p?0@y8&??  0@@0`3? _H0 ` `3 ? Y? = `  s? ?>? =`` 0? ?>? }` 8?? ?A?`} 0??G? ?6?}?0???g? ?v>?0@?g?? ?Is8||g? ?C3aǀ8|p!  ?cx?# | ?  ?gq@ ~00 gNh~0@ǀ ?6g  ~0p ?π?? 2<  ǀ߆?>!  ?? (?@>1~p$A?@1?0#?A? 0!' ?&?0  '8 ?&?2?3 >'0&o2c ?0͟S"g ??p͟Q? ???͟DB ???͟a ???͟A 0  ??͟À3 π  ??xOݿ # π   O< a?   8? >x    !9??8р  >? !}??00?р1  ?? !|?x??0`?с9 ? ?? !?<??p?у}O ? ? ?Cp0ѓx   ?p0   ?p `  ?p  7? ? ?#q? ?  ?ǟ?'s6 ?  ǟ?x@<8' ?8  ??98x'?? ??pxO'?? G??? ? ?~ 8 ` ?'? '? '?0@??  '?g?  G?D s   `0O? ??  @?@  ??9 ?? 0<  ?y?? !8? p? ? ?8  ?   ? ? |? ???? b8?? `08? ?` 0p??  p p?   p``   x ` ?  0 x?`?  ?`y?  ??? p ? ~ ?  ? ?    ?   ? ?   ? ? ?? ?À  F0 ?? ?? ???|??????? `@????? ? > ?  ?? ? ? ? ?  ?  ? ?   ?  ??  ? ?? ?   ??8 ? ? 0? ???0 ? 0  0 ?0 0 ?0? ? 0? ? ?  x ??  ? @`     `   ~ ?  ` ?  ? ?    ?  ?  80??  08? ?? 08 ?? ?08  ?  ?08 ?  ?0 ? ???0  ? ?  ?0  ?  ?  ?0  0 ?  0  ?  0?? ?  0?   0 ? 0` ?  `0 ?   0 ??00   ?? ?0   ?0?  |?`  ~ ?`  ? <p ? ?|<?? ? ???0?? ??Ç8 ?0  ?? ? ??<? ? ?߆>??   ?  <0   8pp??    888`   À 80x  ? 000p  ? ` ǀ`0  > `@`8  <? @@   x >0?  ?pÀ?~ ? ?  ?@?x ? ?  ??p g  ?  ?0~    ???x~|     <?    ? 8?  ?  ? ?`??     ?Ȁ ?   `??   ? `??~    `0   ? @   ?     À ?  ?  ?  < ?   8p ?   ?<? ?    À? ?    08    0`  ??  #0    ?    ?   x `` ?  ??````   0> ?       ??  ?  ? ?   ??     ? ? |0  <0 ? ? ? ?? ? ? ? ??  ? ? ?A ?a ?  0@ ?    ?> ?x? ??? ~? <| ~     ? ??? ?À? ?  ?? ?? ?? ? ?? ?   ?  ?ǀ ??  ?  ?   ?  ? ? ?  ?? ?   ??    ?  ??  ?  ?   ?  ? ?         ? ?   ? π   ?  ?    ? ?   ?    ?%?# ~# ??#??" ? ????  ?? ????? ??? ??~?~?????? ? <  ?? ? ??~ ? ?>?             ? x? ? x?? x ?x ?~ ?? ?  ? ??&??&??&???&????? ?? ? ?? ???  ? ?? ???????      ?   ??      ? ! ? ! ? ! !0ǀ !! !"  !" ??!"? ?"" "#  "#  ?"#  ??## ? ? #$ ? #$ ? ?#$  $$  $%?  $% ?$%  %%?  %& ?? %& ? %& ? &' &'? &'&''%'($'(#'("()"() ?() )*)*)**+*+?*++,+,+,,-,-?-.-.-. ./? ./?/0/00001121223?2334344556?566778899::;;==@AKKKK Figure 1 KKKK Figure 1 y hhddC:\IMAGES\EDSEAL.TIFy| UNITED STATES DEPARTMENT OF EDUCATION #xd6X@@#j OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES#x6X@;X@#у ,&FEBRUARY 21, 1996 Dr. Ed Richardson Superintendent of Education State Department of Education Gordon Persons Office Building Montgomery, Alabama 36104 Dear Superintendent Richardson: During the week of September 18, 1995, the Office of Special Education Programs (OSEP), United States Department of Education, conducted an onsite review of the Alabama Department of Education's (ALDE) implementation of Part B of the Individuals with Disabilities Education Act (Part B). The purpose of the review was to determine whether ALDE is meeting its responsibility to ensure that its educational programs for children with disabilities are administered in a manner consistent with the requirements of Part B. Enclosure A to this letter describes OSEP's monitoring methodology and corrective action procedures; Enclosure B lists several commendable initiatives; and our findings and corrective actions are presented in Enclosure C. Our review revealed that the actions ALDE took in response to OSEP's prior monitoring report of August 1993, appear to have been effective in resolving a number of the problems identified in that report. We found no systemic deficiencies in the areas of content of individualized education programs (IEPs), full explanation of procedural safeguards in notices to parents, protection in evaluation procedures, and review and approval of local educational agency applications all areas where ALDE took corrective action after OSEP's 1993 report. Although this letter includes findings in the area of placement of students in the least restrictive environment and provision of transition services to children with disabilities, OSEP recognizes several initiatives undertaken by ALDE in these areas. These initiatives include ALDE's sponsorship of the Alabama Transition Conference, the Alabama Transition Pilot Project and ALDE's Least Restrictive Environment Inclusion Pilot Project. These initiatives are described in more detail in Enclosure B to this letter. :Page  Dr. Ed Richardson:=" #xd6X@@#600 INDEPENDENCE AVE., S.W. WASHINGTON, D.C.#x6X@;X@#у #<6X@,@#Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation#x6X@;X@#.ă Page 2 Dr. Ed Richardson OSEP's monitoring places a strong emphasis on those requirements most closely associated with positive results for students with disabilities. Our monitoring revealed that ALDE did not always ensure the provision of services in the least restrictive environment, implementation of the requirements for transition services and provision of services to eligible individuals in adult correctional facilities. In addition, we found problems in the provision of extended school year services, ALDE's complaint management system, its due process hearing system, and in the provision of prior written notice. We noted in our review of Office for Civil Rights data in preparation for the visit that a relatively high percentage of children identified as children with mental retardation were black. In discussion with ALDE staff about this issue, we were informed that ALDE has identified this as a priority issue and has taken steps to address it, including appointing a task force to review the State's assessment guidelines and eligibility criteria for special education, and examine alternative assessment instruments. Based on the recommendations of the task force, ALDE will, as needed, revise procedures and provide training statewide to service providers. We have requested that special education unit staff keep us apprised of ALDE's progress in this endeavor. The preliminary findings of the monitoring team were discussed with Dr. Bill East and staff members of the Division of Special Education Services at an exit conference held at the conclusion of OSEP's onsite visit. OSEP staff subsequently provided ALDE with further clarification of its findings through telephone conference calls and memoranda. ALDE was invited to provide any additional information it wanted OSEP to consider during the development of OSEP's monitoring report. No additional information was submitted by ALDE; therefore, the findings presented in Enclosure C are final. In the event ALDE, after consideration of the data in this letter and its enclosures, concludes that evidence of noncompliance is significantly inaccurate and that one or more findings are incorrect, ALDE may request reconsideration of the finding(s). In such a case, ALDE must submit reasons for its reconsideration request and any supporting documentation within 15 days of receiving this letter. OSEP will review the request and, where appropriate, will issue a letter of response informing ALDE that the finding has been revised or withdrawn. Requests for reconsideration of a finding will not delay development of the corrective action plan and implementation timelines for findings not part of the reconsideration request. I thank you for the assistance and cooperation provided during our review. Throughout the course of the monitoring process, Dr. Bill East and staff members of the Division of Special Education Services were responsive to OSEP's requests for information, and provided access to necessary documentation that enabled OSEP staff to acquire an understanding of Alabama's various systems to implement Part B. Members of OSEP's staff are available to provide technical assistance during any phase of the development and implementation of ALDE's corrective actions. Please let me know if we can be of assistance. Before the enactment of the Individuals with Disabilities Education Act (IDEA), one million children with disabilities were excluded from school altogether, and another 3.5 million did not receive appropriate programs within the public schools. Because of the IDEA and the joint actions of schools, school districts, State educational agencies and the Department, more than 5.4 million children with disabilities are in school. Thank you for your continued efforts toward the goal of improving education programs for these children and youth with disabilities in Alabama.  Sincerely, Thomas Hehir Director Office of Special Education  Programs Enclosures cc: Dr. Bill East    X%ENCLOSURE A ă  OSEP's Monitoring Methodology ă  Presite Preparation. OSEP staff began its review of documents related to ALDE's special education program in May 1995. The review included, but was not limited to, ALDE's State Plan, State regulations, interagency agreements and other materials that must comply with the requirements of Part B, such as the complaint management, due process hearings, and State monitoring systems. OSEP also reviewed ALDE's placement data based on the December 1994 child count. At ALDE's request, staff members from the South Atlantic Regional Resource Center participated as observers during the interviews at ALDE's administrative offices, attended the three public meetings and the exit conference. OSEP understands that South Atlantic Regional Resource Center staff will assist ALDE with development and implementation of corrective action plan activities based on the findings contained in this letter. Involvement of Parents and Advocates During the week of August 21, 1995, OSEP held three public meetings in Birmingham, Montgomery and Mobile. The purpose of these public meetings was to solicit comments from parents, advocacy groups, teachers, administrators and other interested citizens regarding their perceptions of ALDE's compliance with Part B. In addition, OSEP conducted outreach meetings with representatives from the Special Education Action Committee and the Alabama Disability Advocacy Program to receive additional information. The information obtained from the public meetings and outreach activities, as well as from interviews with State officials and a review of State documents assisted OSEP in: (1) identifying the issues faced by consumers and others interested in special education in Alabama; (2) selecting monitoring issues (e.g., the provision of extended school year services) to be emphasized while onsite; and (3) selecting the sites to be visited. During the onsite visit, OSEP conducted one parent focus group meeting in Agency B in order to hear parents' impressions of special education services provided to their children. This meeting provided OSEP staff with parent views of the methods used by the agency in providing a free appropriate public education to their children as well as the challenges faced by the district in this endeavor.  Onsite Data Collection and Findings The OSEP team included Barbara Route, Catherine Cooke, Sheila Friedman and Linda Whitsett, who visited three elementary schools (including a   preschool program located on an elementary school campus), two middle schools, two high schools, one special school, and one school serving students in grades kindergarten through twelve in six public agencies. In addition, OSEP visited one Department of Corrections facility. The team leader, Charles Laster, spent most of the week in ALDE's administrative offices in Montgomery. Where appropriate, OSEP has included in this letter data collected from the six agencies to support or clarify OSEP's findings regarding the sufficiency and effectiveness of ALDE's systems for ensuring compliance with the requirements of Part B. The agency in which the supporting or clarifying data were collected is indicated by a designation such as "Agency A." The agencies that OSEP visited and the designation used to identify those agencies in Enclosure C of this letter are set forth below: Agency A: Baldwin County Agency B: Huntsville City Agency C: Limestone County Agency D: Escambia County Agency E: Mountain Brook City Agency F: Jefferson County \  Corrective Action Procedures ă In the interest of developing a mutually agreeable corrective action plan specifically designed to address these findings, OSEP proposes that ALDE representatives discuss with OSEP staff, either in a meeting or telephone conference, the areas of noncompliance identified, the most effective methods for bringing about compliance and improving programs for children with disabilities in the State, and specific corrective actions. We also will invite a representative from Alabama's Special Education Advisory Panel to participate in that discussion. ALDE's corrective action plan must be developed within 45 days of receipt of this letter. Should we fail to reach agreement within this 45 day period, OSEP will be obliged to develop the corrective action plan. In order to begin immediate correction of deficient practices ALDE must undertake the following general corrective actions: 1. ALDE must issue a memorandum to all agencies advising them of OSEP's findings of deficiency. The memorandum must direct agencies to review their respective practices in regard to each of the deficiencies identified by OSEP in order to determine if they have proceeded in a manner similar to the agencies in which OSEP found deficiencies. Should these agencies determine that their current practice is inconsistent with the requirements identified in ALDE's memorandum, they must discontinue the current practice and implement procedures that are consistent with Part B. This memorandum must be submitted to OSEP within 30 days of the issuance of this letter. Within 15 days of OSEP's approval of the memorandum, it must be issued to all agencies throughout the State providing special education or related services to students with disabilities. 2. ALDE must issue a memorandum to those agencies in which OSEP found deficient practices, as identified in Enclosure C of this letter, requiring those agencies to immediately discontinue the deficient practice(s) and submit documentation to ALDE that the changes necessary to comply with Part B requirements have been implemented. This memorandum must be submitted to OSEP within thirty days of the issuance of this letter. Within 15 days of OSEP's approval of the memorandum, it must be issued to those public agencies in which OSEP found deficient practices. ALDE must send to OSEP verification that all corrective actions have been completed by these public agencies.  XX    XX\h  3'  '3 #H H@7@# ENCLOSURE B  @ \ddx0 \ddx0 @ 77.COMMENDABLE INITIATIVES^^ Although this letter includes findings in the areas of placement of students in the least restrictive environment and provision of transition services to children with disabilities, OSEP would like to recognize the following Statewide initiatives undertaken by ALDE: Alabama Transition Conference For the past five years, ALDE, in cooperation with the Department of Rehabilitation Services, and Auburn University's Department of Rehabilitation and Special Education, has sponsored an annual Statewide conference on transition planning. The purpose of the conference is to create new transition programs, and improve the quality of existing transition programs, policies and strategies at both the local and State levels. In addition to presenting national authorities in the area of transition services, the conference includes workshops in the areas of agency coordination, vocational programming, communitybased instruction, and supported work and living. ALDE recognizes outstanding students, employees, parents and transition programs through presentations of financial awards. Over 600 administrators, educators, consumers and agency personnel attended last year's conference. Alabama Transition Pilot Project ALDE, along with the Department of Rehabilitative Services, and the Department of Mental Health/Mental Retardation has jointly funded ten transition project sites during the 199495 school year. These sites, located in diverse geographic regions across the State, are to implement the four goals of the pilot project: 1) establish a local transition team; 2) adopt and implement the Life Centered Career Education Curriculum in the secondary school system; 3) provide a schoolbased job coach; and 4) provide a case manager responsible for arranging for services and supports for students and their families. Financial support and training for these activities are provided collaboratively by the participating State agencies. The goal of the project is to establish these programs permanently in these communities, and to generate new programs of this type in other communities in the area. ALDE has continued to fund these sites for the 199596 school year, in addition to two new sites. Least Restrictive Environment Inclusion Pilot Projects ALDE sponsors a competitive grants program for individual schools and public agencies to fund threeyear model projects and/or programs which demonstrate effective methods for inclusion of students with disabilities into regular education programs. Project sites have been established in diverse geographic regions of the state across all age ranges. Some examples of projects funded in the 199495 school year include those designed to increase the number of students with disabilities served in regular classrooms, provide training for teachers and administrators in methods of collaboration, instructional strategies, establish parent support teams in schools, dissemination of promising practices, and expand successful inclusion programs into feeder schools.  2 ENCLOSURE C ă  N"FINDINGS AND EXPECTED RESULTS/ACTION REQUIRED/TIMELINES ă T \ddx& \ddx& T        ? FEDERAL REQUIREMENT0OSEP FINDING*YEXPECTED RESULTS/ (VACTION REQUIRED/ TIMELINES  FREE APPROPRIATE PUBLIC EDUCATION: Extended School Year 300.300 [ALDE is responsible for ensuring that all children with disabilities are provided a free appropriate public education, including ensuring that public agencies consider and make available extended school year services as a component of a free appropriate public education, to students with disabilities, if necessary.] BACKGROUND: As a result of the corrective action requirements from OSEP's 1993 monitoring report, ALDE developed a comprehensive training module on the requirements of extended school year services, and conducted training in each public agency in the State. In addition, public agencies that are found to be deficient in this area through ALDE's onsite program review process are required to participate in the State's extended school year training. ALDE's monitoring procedures include an interview question for teachers and administrators which asks for a description of the process for determining the need for extended school year services. The requirements for extended school year are set forth in the Alabama Administrative Code, which each public agency must ensure they follow, and ALDE does not require that local public agencies develop additional policies and procedures to address provision of extended school year services. OSEP's review of the most recent monitoring report issued by ALDE to each of the public agencies visited indicated that ALDE made a finding with regard to provision of extended school year services in public agencies A and B. ALDE subsequently provided additional training in the requirements for provision of extended school year services to these public agencies.  FINDING: ALDE has not fully ensured that public agencies consider and make available extended school year services, as a component of a free, appropriate public education, to students with disabilities, if necessary, to ensure that the student receives a free appropriate public education. Interviews with teachers and administrators in public agencies A, B and D revealed that extended school year was not available for students in the facilities visited by OSEP. Teachers interviewed in public agencies A, B, and D stated that they were unsure as to the criteria for extended school year, and therefore did not know how to determine the need for extended school year services. None of these 11 teachers had ever participated in an IEP meeting where students were considered for such services. Both building level and district administrators from these public agencies confirmed that teachers and administrators were not aware of the criteria for extended school year services. Most teachers and administrators acknowledged that they had received some inservice training on extended school year from ALDE staff, but indicated that additional training and information was needed. ALDE must ensure that students with disabilities receive extended school year services, if necessary, to ensure that the student receives a free appropriate public education.J J  COMPLAINT MANAGEMENT 300.661(a) and (b). [ALDE is responsible for ensuring that any complaint that a public agency has violated a requirement of Part B be investigated and resolved within 60 calendar days after the complaint is filed, unless ALDE has extended the time limit because exceptional circumstances exist with respect to a particular complaint.]  BACKGROUND: When a complaint is received by ALDE, it is logged in, and assigned to a complaint contact person who has responsibility for tracking timelines, managing correspondence and communicating between the complainant, the local school district and ALDE. The public agency involved is notified by a letter, which indicates the issue involved in the complaint, the specific information required, and timelines for submission to ALDE. The public agency may then provide a corrective action plan if it agrees that there has been noncompliance. ALDE reviews the information received, and contacts the complainant who may submit additional information. ALDE then makes a determination as to the resolution of the compliant, and notifies the parties through a summary of actions and letter of findings. If the local district is found to be in noncompliance, the letter may contain a corrective action plan (either one proposed by the public agency or developed by ALDE). Approximately one month subsequent to the closing of a complaint, ALDE contacts all complainants who have prevailed in their complaint to verify that the public agency has implemented its corrective action plan.  FINDING: OSEP finds that ALDE does not ensure that complaints are resolved within 60 calendar days after the complaint is filed, or within the extension granted because of exceptional circumstances. OSEP interviewed ALDE officials responsible for complaint resolution in the State, and reviewed complaint logs tracking complaints filed from January 1993 through August 1995. OSEP finds that ALDE does not always ensure that complaints were resolved within 60 calendar days unless the timeline was extended due to exceptional circumstances with respect to the complaint. Of the 138 complaints filed with ALDE during this period, 63 exceeded the established 60 day timeline or the extension. (OSEP notes, however, that during this three year period, the percentages of the total complaints resolved within the 60 day timeline and the amount of time that complaints exceeded this timeline improved. In 1993, 53 per cent of the 34 complaints filed were resolved beyond the timeline and the time for resolving complaints exceeded the 60 days by three months to one year and four months. In 1994, 45 percent of the 56 complaints filed were resolved beyond the 60 day timeline or the extension and the timelines were exceeded by six days to four months. At the time of OSEP's visit (September 1995) 38 per cent of the 48 complaints filed were resolved beyond the 60 day timeline or the extension and the amount of time that exceeded the timelines ranged from five days to one month.)Ensure that any complaint that a public agency has violated a requirement of Part B be investigated and resolved within 60 calendar days after the complaint is filed, unless ALDE has extended the time limit because exceptional circumstances exist with respect to a particular complaint.    TRANSITION SERVICES 300.344(c)(1)(ii), 300.345(b)(2), 300.346(b). [If a purpose of the IEP meeting is the consideration of transition services the public agency must ensure that (1) a representative of any other agency that is likely to be responsible for providing or paying for transition services is invited; (2) the notice sent to parents notifying them of the IEP meeting contain all requirements specified at 300.345(b)(2); and (3) the IEP for each student, beginning no later than age 16 (and at a younger age, if determined appropriate) must include a statement of the needed transition services as defined in 300.18, including, if appropriate, a statement of each public agency's and each participating agency's responsibilities or linkages, or both, before the student leaves the school setting.] BACKGROUND: In addition to the initiatives described in Enclosure B, ALDE developed the document, Transition and the IEP in 1990 and updated it in 1993. This document is distributed to secondary teachers and administrators Statewide, and describes all State and Federal transition requirements. These requirements are also addressed in the technical assistance document, Mastering the Maze, which is widely utilized by all educational personnel in the State, and also includes information on procedures for evaluation, development of IEPs and placement of students with disabilities. OSEP reviewed the materials contained in ALDE's monitoring procedures (Program Review and Improvement Procedures for Special Education Programs in Alabama). OSEP's review indicated that ALDE monitors for the Federal requirements relating to provision of transition services through its onsite review of student folders, and review of district forms submitted to ALDE. Both the Compliance Checklist for Students with Disabilities and the IDEAB Compliance Requirements checklist require verification of whether the student's IEP contains required transition services. The Compliance Checklist for Students with Disabilities requires the monitor to determine if the IEP meeting notice has completed transition information checked. In addition, ALDE's monitoring procedures include one general interview question for the special education coordinator, "Describe your process for determining transition services." There are no questions contained in these procedures that address specific requirements. OSEP's review of the most recent monitoring report issued by ALDE to each of the public agencies visited indicated that ALDE had not made any findings with regard to provision of transition services in any of these public agencies. FINDINGS: OSEP finds that ALDE did not ensure, in all cases, that public agencies implemented policies and procedures which complied with the requirements of Part B relative to transition services. OSEP visited secondary education programs in three public agencies (A, B, and C). The secondary programs included two high schools, one middle school, one separate day school, and one school serving students from kindergarten through twelfth grade. OSEP reviewed the records of 17 students from these programs who were 16 years of age or older. OSEP also interviewed the students' teachers who participated in the IEP meeting, the building principal, and administrators responsible for the provision of special education services in these three public agencies. 300.345(b)(2)(i) Parent participation Notice must include purpose. OSEP found that in six of the 15 files reviewed in public agencies A and B, the notice of the IEP meeting did not indicate that a purpose of the meeting would be the consideration of transition services. 300.345(b)(2)(ii) Parent participation Notice must indicate agency will invite the student. OSEP found that in 15 of the 17 files reviewed for public agencies A, B and C, the notice of the IEP meeting did not indicate that the student would be invited to the meeting. 300.344(c)(1)(ii) Transition services participants in meetings Agency representative. OSEP's found that in public agencies A, B and C, no individual determination was made as to whether it is appropriate for a representative of any other agency likely to be responsible for providing or paying for transition ALDE must ensure that, if a purpose of the IEP meeting is the consideration of transition services, the public agency must ensure that (1) a representative of any other agency that is likely to be responsible for providing or paying for transition services is invited; (2) the notice sent to parents notifying them of the IEP meeting contain all requirements specified at 300.345(b)(2); and (3) the IEP for each student, beginning no later than age 16 (and at a younger age, if determined appropriate) must include a statement of the needed transition services as defined in 300.18, including, if appropriate, a statement of each public agency's and each participating agency's responsibilities or linkages, or both, before the student leaves the school setting.  services be invited to the most recent IEP meeting, as required by 300.345(c)(1)(ii). In two instances, the parent invitation to attend the IEP meeting indicated that a representative from vocational rehabilitation would be an "anticipated participant" at the IEP meeting (one in public agency A and one in public agency B), however, there was no documentation that an agency representative had been invited, nor did a representative attend either meeting. OSEP was informed by teachers and administrators in public agency A, that with the exception of vocational rehabilitation, no other agencies are involved in transition planning in the public agency. One teacher stated, "if the vocational rehabilitation teacher is available on the date of the meeting, we grab him when we can get him; otherwise, there is no outside involvement." One teacher in public agency B indicated that there is no outside agency involvement for her students and that the parents of the students in her class will arrange for or otherwise provide the appropriate transition services. A district administrator from this public agency stated, "the only outside agency that is ever involved in transition planning is vocational rehabilitation. Vocational rehabilitation can come into play during the student's junior/senior year." OSEP notes that a representative from vocational rehabilitation was invited to attend an IEP meeting for only one student whose file was reviewed by OSEP in this public agency, but the representative from vocational rehabilitation was not in attendance. A teacher and an administrator in public agency C informed that vocational rehabilitation does not become involved with students until grade 12.    300.346(b) Content of individualized education program. OSEP found that two of the nine IEPs reviewed in public agency A did not contain community experiences nor a statement indicating that the IEP team had determined that services were not needed in that area, as required by 300.18(b)(2)(ii). Two additional IEPs in public agency A stated that the child's current functioning precluded consideration of these services, and that a community based day program would allow parents to keep the child[ren] at home for a longer period of time. When interviewed, this teacher stated, "this is very frustrating. My contact [in the district] does not know what to do. There is not much out there for these kids." Two IEPs from public agency B indicated that transition services would not be addressed on the students' IEPs or provided by the public agency as they would be arranged for the parents, as appropriate.    GENERAL SUPERVISION  300.600(a)(2)(ii) [ALDE is responsible for ensuring that each educational program for children with disabilities administered within the State, including each program administered by any other public agency meets the requirements of Part B and the education standards of the SEA. See also 300.2(b)(4).] BACKGROUND: During the 1992 review of ALDE, OSEP found that ALDE did not have a procedure to ensure that individuals with disabilities incarcerated in Department of Corrections facilities were identified and evaluated and had available to them a free appropriate public education, which included special education and related services. In response to the corrective action plan, ALDE developed procedures to ensure that students placed in the State's adult correctional facilities who are suspected of having a disability are evaluated in accordance with the requirements of 300.530, and provided special education and related services in conformance with an IEP. ALDE also submitted documentation of implementation of these procedures, as well as verification that all staff responsible for implementing these procedures received appropriate training. At the time of OSEP's visit, any individual who was incarcerated in the State of Alabama who required educational services received such services in one facility.  FINDING: OSEP finds that ALDE did not exercise its general supervisory responsibility in a manner that ensured that all individuals with disabilities, including those who are incarcerated, are provided a free appropriate public education in accordance with an IEP. OSEP interviewed ALDE staff and Department of Corrections administrators responsible for ensuring services to individuals with disabilities who are incarcerated in the adult correctional facility in Alabama, interviewed four teachers and reviewed student files from one correctional facility. At the time of OSEP's visit, there were approximately 400 individuals receiving general education services at this facility, 27 of