2.1 OSEP finds that The State is only identifying noncompliance with the IDEA Part C requirements based on a review of the SPP/APR compliance indicator data, which does not meet the requirements in 20 U.S.C. §§ 1416(a), 1434, 1435(a)(10), 1442, and 34 C.F.R. §§ 303.120 and 303.700 through 303.708.
2.2 OSEP finds that the State is not issuing written notifications of noncompliance (i.e., findings) to EIS programs or providers, generally within three months of the State reaching a conclusion in a reasonable amount of time that the EIS program or provider has violated an IDEA requirement, unless the EIS program or provider immediately (i.e., before the State issues a finding) corrects the noncompliance and the State is able to verify the correction, as required by 20 U.S.C. §§ 1416(a), 1434, 1435(a)(10), 1442, and 34 C.F.R. §§ 303.120 and 303.700 through 303.702.
2.3 OSEP finds that the State does not make annual determinations about the performance of each EIS program in the State, in accordance with 20 U.S.C. §§ 1416(d)(2), 1434, and 34 C.F.R. §§ 303.700(a)(2) and 303.703(b).
2.4 OSEP finds that the State does not ensure that the SEA and appropriate LEA receive notification of any infants or toddlers with disabilities who are identified as potentially eligible for preschool services under IDEA Part B consistent with 20 U.S.C. §§ 1412(a)(3) and (a)(9), 1436(a)(3), 1437(a)(9), and 34 C.F.R. § 303.209(b).
2.5 OSEP finds that the State has not ensured the protection of the confidentiality of any PII data, information, and records collected, maintained or used by the State under IDEA Part C, in accordance with 20 U.S.C. §§ 1417(c), 1435(a)(5), 1439(a)(2), 1442, and 34 C.F.R. §§ 303.401 through 303.417.
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