2017 SPP/APR and State Determination Letters PART B – Puerto Rico
OSEP Response to SPP/APR
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OSEP Response to SPP/APR
400 MARYLAND AVE. S.W., WASHINGTON DC 20202-2600
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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.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 28, 2017
Honorable Julia Keleher
Secretary of Education
Puerto Rico Department of Education
P.O. B ox 190759
San Juan, P uerto Rico 00919
Dear Secretary Keleher :
I am writing 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 h as determined that Puerto Rico needs assistance in implementing the requirements
of Part B of the IDEA . This determination is based on the totality of Puerto Rico’s data and
information, including th e Federal fiscal year (FFY) 2015 State Performance Plan/Annual
Performance Report (SPP/APR), other State -reported data, and other publicly available
information.
Puerto Rico ’s 2017 determination is based on the dat a reflected in Puerto Rico’s “2017 Part B
Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for
each State and consists of:
(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
comp liance factors;
(2) a Results Matrix that includes scoring on Results Elements ;
(3) a Compliance Score and a Results Score;
(4) an RDA Percentage based on both the Compliance Score and the Results Score ; and
(5) the State’s Determination.
The RDA Matrix is further explained in a document, entitled “How the Department Made
Determinations under Section 616(d) of the Individuals with Di sabilities Education Act in 2017:
Part B ” (HTDMD).
OSEP is continuing to use both results data and compliance data in making determinations in
2017, as it did for Part B determinations in 2014, 2015, and 2016. (The specifics of the
determin ation procedures and criteria are set forth in the HTDMD and reflected in the RDA
Matrix for your State.) In maki ng Part B determinations in 2017, OSEP continued to use results
data related to:
(1) the participation of children with disabilities (CWD) on regu lar Statewide assessments;
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(2) the participation and performance of CWD on the most recently administered (school
year 2014- 2015) National Assessment of Educational Progress (NAEP);
(3) the percentage of CWD who graduated with a regular high school diploma; and
(4) the percentage of CWD who dropped out.
You may access the results of OSEP’s review of Puerto Rico’s SPP/APR and other relevant data
by accessing the SPP/APR module using your State -specific log -on information at
osep.grads360.org. When you access your Pu erto Rico’s SPP/APR on the site, you will find , in
Indicators 1 through 16, the OSEP Response to the indicator and any actions that Puerto Rico is
required to take. The actions that Puerto Rico 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 Puerto Rico 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 also 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) Puerto Rico ’s RDA Matrix;
(2) the HTDMD d ocument;
(3) a spreadsheet entitled “2017 Data Rubric Part B,” which shows how OSEP calculated
Puerto Rico ’s “Timely and Accurate State- Reported Data” score in the Compliance
Matrix;
(4) a document e ntitled “Dispute Resolution 2015- 16,” which includes the IDEA section 618
data that OSEP used to calculate Puerto Rico’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix; and
(5) a Data Display, which presents certain State- reported data in a transparent, user-friendly
manner and is helpful for the public in getting a broader picture of State performance in
key areas.
As noted above, Puerto Rico’s 2017 determination is Needs Assistance . A State’s 2017 RDA
Det ermination is Needs Assistance if the RDA Percentage is at least 6 0% but less than 80%. A
State would also be Needs Assistance if its RDA Determination percentage is 80% or above but
the Department has imposed Special Conditions on the State’s last three IDEA Pa rt B grant
awards (for FFYs 2014, 2015, and 2016), and those Special Conditions are i n effect at the time
of the 2017 determination.
Puerto Rico’s determination for 2016 was also N eeds A ssistance. In accordance with section
616(e)(1) of the IDEA and 34 C.F.R. §300.604(a), if a State is determined to ne ed assistance for
two consecutive years, the Secretary must take one or mo re of the following actions:
(1) advise the State of available sources of technical assistance that may help the State
address the areas in which the State needs assistance and require the State to work with
appropriate entities;
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(2) direct the use of State -level funds on the area or areas in which the State needs assistance;
or
(3) identify the State as a high -risk grantee and impose Special Conditions on the State’s
IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising Puerto Rico of available sources of
technical assistance, including OSEP -funded technical assistance centers and resources at the
following website: https://osep.grads360.org/#program/highlighted- resources
, and requiring
Puerto Rico to work with appropriate entities. In addition, Puerto Rico should consider accessing
technical assistance from other Department -funded centers such as the Comprehensive Centers
with resources at the following link:
http://www2.ed.gov/programs/newccp/index.html . The
Secretary directs Puerto Rico to determine the results elements and/or compliance indicators, and
improvement strategies, on which it will focus its use of available technical assistance, in order
to improve its performance. We strongly encourage Puerto Rico to access technical assistance
related to those results elements an d compliance indicators for which Puerto Rico received a
score of zero. Puerto Rico must report with its FFY 2016 SPP/APR submission, due February 1,
2018, on:
(1) the technical assistance sources from which Puerto Rico received assistance; and
(2) the actions P uerto Rico took as a result of that technical assistance.
Additionally , the Secretary is continuing to require Puerto Rico to access technical assistance
related to its FFY 2017 Depa rtment-wide special conditions through the Department’s Risk
Management Service. Puerto Rico must timely submit any reports required under these
Department -wide Special Conditions.
States were required to submit Phase II I of the State Systemic Improvement Plan (SSIP ) by April
3, 2017. OSEP appreciates Puerto Rico’s ongoing work on its SSIP and its efforts to improve
results for students with disabilities. We have carefully reviewed your submission and will
provide feedback in the upcoming weeks. Additionally, OSEP will continue to work with Puerto
Rico as it implements the second year of Phase III of the SSIP, which is due on April 2, 2018.
As a reminder, Puerto Rico must report annually to the public, by posting on the State
educational agency’s (SEA’s) website , the performance of each local educational agency (LEA)
located in P uerto Rico on the targets in the SPP/APR as soon as practicable, but no later than 120
days after Puerto Rico’s submission of its FFY 2015 SPP/APR. In addition, Puerto Rico must:
(1) review LEA performance against targets in the State’s SPP/APR;
(2) determine if each LEA “meets the requirements” of Part B, or “needs assistance,” “needs
intervention,” or “needs substantial intervention” in implementing Part B of the IDEA ;
(3) take appropriate enforcement action; and
(4) inform each LEA of its determination.
Further, Pu erto Rico must make its SPP/APR available to the public by posting it on the SEA’s
web site. Within the next several days, OSEP will be finalizing a State Profile that:
(1) will be accessible to the public;
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(2) includes Puerto Rico’s determination letter and SPP/APR, and all related State and OSEP
attachments; and
(3) can be accessed via a URL unique to Puerto Rico , 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 Puerto Rico’s efforts to improve results for children and youth with
disabilities and looks forward to working with Puerto Rico 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: State 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