2017 SPP/APR and State Determination Letters PART B – Guam
OSEP Response to SPP/APR
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OSEP Response to SPP/APR
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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.
U
NITED STATES DEPARTMENT OF EDUCATION
O
FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
J une 28, 2017
Jon J.P. Fernandez
Superintendent
Guam Department of Education
500 Mariner Avenue
Barrigada, Guam 96913
Dear Superintendent Fernandez :
I am w riting to advise you of the U. S. Department of Education's (Department) 2017
determination under section 616 of the Individuals with Disabilities Education Act (IDEA ). The
Department has determined that Guam needs assistance in implementing the requiremen ts of Part
B of the IDEA . This determination is based on the totality of the State’s data and information,
including the Federal fiscal year (FFY) 2015 State Performance Plan/Annual Performance
Report (SPP/APR), other State -reported data, and other publicl y available information.
Guam’s 2017 determination is based on the data reflected in Guam’s “Part B Compliance Matrix
– 2017” (Compliance Matrix). The Compliance Matrix is further explained in a document,
entitled “ How the Department Made Determinations u nder Section 616(d) of the Individuals
with Disabilities Education Act Part B in 2017 -- Entities with Determinations Based on
Compliance” (HTDMD Compliance Only).
Although OSEP is continuing to use both results data and compliance data in making
determi nations in 2017 for other States, the Department is continuing to use only compliance
data when making 2017 determinations for the following entities: American Samoa, the Bureau
of Indian Education, the Commonwealth of the Northern Mariana Islands, the Fed erated States
of Micronesia, Guam, the Republic of the Marshall Islands, the Republic of Palau, and the Virgin
Islands. Therefore, the Department is using the criteria set forth in the HTDMD Compliance
Only, which are similar to the criteria the Department used to make determinations for these
entities in 2013, 2014, 2015 and 2016. In making Part B determinations in 2017 for other States,
OSEP used results data related to the participation of children with disabilities (CWD) on regular
Statewide assessments , the participation and performance of CWD on the National Ass essment
of Educational Progress, and exiting data on CWD who dropped out and CWD who graduated
with a regular high school diploma, as reported by States under section 618 of the IDEA. T he
entities have results data available for some, but not all , of these Results Elements.
T he Department is considering using both compliance and results data for the entities’ 2018
determinations . Section 616(a)(2) of the IDEA requires that the primary focus of I DEA
monitoring must be on improving educational results and functional outcomes for all children
with disabilities, and ensuring that States meet the IDEA program requirements , with a particular
emphasis on those requirements that are most closely related to improving educational results for
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children with disabilities. We believe that taking this more balanced approach, using both
compliance and available results data, is consistent with th is statutory provision and will allow
entities to better focus on improving results for children with disabilities who they serve. As we
consider using results data in determinations, OSEP will provide the entities with an opportunity
to comment and provide input on how we should use results data when making determinations in
2018 under IDEA section 616.
You may access the results of OSEP’s review of Guam’s SPP/APR and other relevant data by
accessing the SPP/APR module using your entity -specific log -on information at
osep.grads360.org. When you access Guam’s SPP/APR on t he site, you will find , in Indicators 1
through 16, the OSEP Response to the indicator and any actions that the entity is required to
take. The actions that the entity is required to take are in two places :
(1) actions related to the correction of findings of noncompliance are in the “OSEP
Response” section of the indicator; and
(2) any other actions that Guam is required to take are in the “Required Actions” section of
the indicator.
It is important for you to review the Introduction to the SPP/APR, which may a lso include
language in the “OSEP R esponse” and/or “ Required Actions ” sections.
You will also find all of the following important documents saved as attachments to the Progress
Page:
(1) Guam’s Compliance M atrix;
(2) the HTDMD Compliance Only document;
(3) a spreadsheet entitled “201 7 Data Rubric Part B,” which shows how OSEP calculated
Guam’s “Timely and Accurate State -Reported Data” score in the Compliance Matrix;
(4) a document entitled “Dispute Resolution 2015- 16,” which includes the IDEA section 618
data that OSE P used to calculate the entity’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix; and
(5) a Data Display, which presents certain entity -reported data in a transparent, user -friendly
manner and is helpful for the public in getting a broader picture of Guam’s performance
in key areas.
As noted above, Guam’s determination is Needs Assistance. The 2017 determination for an
entity whose determination is based on the Compliance Matrix is Needs Assistance if the
Compliance Matrix percentage was at least 75%, but less than 90%, or was below 75% but the
entity does not meet the criteria for Needs Intervention as set forth in the HTDMD Compliance
Only document. An entity would also be Needs Assistance if its Compliance Matrix percentage
was at least 90%, but the Department has imposed Special Conditions on the entity ’s last three
(FFYs 2014, 2015, and 2016) IDEA Part B grant awards, and those Special Conditions are in
effect at the time of the Department’s 20 17 determination
Guam’s determination for 2016 was also Needs Assistance. In accordance with section 616(e)(1)
of the IDEA and 34 C.F.R. §300.604(a), if a State or entity is determined to need assistance for
two consecutive years, the Secretary must take o ne or more of the following actions:
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(1) advise the State or entity of available sources of technical assistance that may help the
State or entity address the areas in which the State or entity needs assistance and require
the State or entity to work with appropriate entities;
(2) direct the use of State -level funds on the area or areas in which the State or entity needs
assistance; or
(3) identify the State or entity as a high-risk grantee and impose Special Conditions on the
State’s or entity‘s IDEA Part B grant award.
Pursuant to these requirements, the Secretary is continuing to require Guam to access technical
assistance related to its FFY 2017 Department -wide special conditions and status as a high -risk
grantee through the Department’s Risk Management Service. Guam must timely submit any
reports required under these Department -wide Special Conditions.
Further, Guam must make its SPP/APR available to the public by posting it on the State
educational agency’s website. Within the next several days, OSEP will be finalizing a State
Profile for your entity that:
(1) will be accessible to the public;
(2) includes the entity’s determination letter and SPP/APR, and all related entity and OSEP
attachments; and
(3) can be accessed via a URL unique to your entity, which you can use to make your
SPP/APR available to the public.
We will provide you with the unique URL when it is live.
OSEP appreciates Guam’s efforts to improve results for children and youth with disabilities and
looks forward to working with your entity over the next year as we continue our important work
of improving the lives of children with disabilities and their families. Please contact your OSEP
State Lead i f you have any questions, would like to discuss this further, or want to request
technical assistance.
Sincerely,
/s/ Ruth E. Ryder
Ruth E. Ryder
Acting Director
Office of Special Education Programs
cc: Director of Special Education
(Grant Year 2015-2016—Issued June 28, 2017) Contact the Partner Support Center at EDEN-Submission-System@ed.gov or 877-HLP-EDEN (877-457-3336) for state profile.
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Last modified on July 6, 2017