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KSDE warns OSEP raised pockets of concern in Part C→B transitions; agency plans file‑review and training changes
Summary
Following an OSEP on‑site review, KSDE staff told CEAC that while statewide problems were limited, some families reported abrupt Part C‑to‑Part B transitions; KSDE said it will add targeted file‑review questions, boost documentation, and may face corrective actions if deficiencies persist.
Kansas State Department of Education staff told the Council for Exceptional Children (CEAC) that federal reviewers raised localized concerns about how infants and toddlers move from Part C early‑intervention services into Part B special‑education programs.
Bert Moore and Brian Dempsey summarized a recent U.S. Department of Education Office of Special Education Programs (OSEP) on‑site visit and said the federal team heard from a small number of parents who described the handoff as “a little rough.” Moore said OSEP did not characterize the problem as statewide but flagged enough inconsistencies to prompt follow‑up questions.
KSDE described current checks meant to show compliance: a cyclical file‑review process that samples districts in three cohorts, an Indicator‑12 measure that checks timely evaluation and identification after Part C referrals, and monthly C/B coordination meetings with KDHE and local providers. Dempsey said KSDE already reviews files for parent‑rights documentation, evaluation reports and eligibility forms and is proposing one or two additional targeted questions for next year’s cohort to specifically capture whether the 90‑day transition meeting occurred and whether parents received information that let them make informed choices.
CEAC members and attendees raised examples that concern enforcement: screening practices in some districts that delay formal evaluation; Part B representatives not appearing at required 90‑day meetings; and confusion about whether Part C providers are attempting to direct Part B services. A longtime director who spoke to the council said schools must give parents prior written notice if they decline to evaluate and must complete an IEP by a child’s third birthday.
KSDE officials said the agency will tighten documentation and training. They described proposed business‑rule changes so that file reviews explicitly verify whether the LEA attended the 90‑day transition meeting and whether the evaluation report or eligibility determination form is present to confirm dates. Staff also said KSDE will bring any draft corrective‑action language back to CEAC for feedback in January or April, and that OSEP’s final letter and formal recommendations may determine next steps.
The presentation also covered dispute‑resolution processes. KSDE said it revised mediation language to clarify that parents receive notice rather than being asked to agree to confidentiality; it also plans to strengthen tracking of due‑process time‑limit extensions and to create a more robust application that consolidates complaint and hearing‑officer information for analysis.
KSDE asked CEAC members for input on the proposed file‑review questions and encouraged districts and providers to ensure parents know their rights and can request evaluations without being unduly delayed by local MTSS/GEI processes. Dempsey said the state will return to the council with draft changes and expects to discuss final APR/SPP materials at the January meeting.
What’s next: KSDE will draft one or two Part C→B questions for next fall’s file‑review training cohort, continue monthly interagency calls with KDHE, and follow up with CEAC when the OSEP final report is released.
