OSEP Response to SPP/APRPDF
OSEP Response to SPP/APR
400 MARYLAND AVE. S.W., WASHINGTON DC 20202-2600 www.ed.gov 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 July 12, 2017 Honorable Steven Paine State Superintendent of Schools West Virginia Department of Education 1900 Kanawha Boulevard East Capitol Complex Buildin g 6, Room 358 Charleston, West Virginia 25305 Dear Superintendent Paine : 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 has determined that West Virginia needs assistance in implementing the requirements 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 publicly available information. This letter replaces the Department’s June 28, 2017 letter , which informed you that the Department had determined that West Virginia meets the requirements and purposes of Part B of the IDEA . Because the Department identified an issue with the calculation for the “Percentage of Children with Disabilities who Graduated with a Regular High School Diploma ” as reflected in the Results Matrix , it was necessary to change the cut scores for this results element . This change is reflected in the attached document “How the Department Made Determinations under Section 616(d) of the Individuals with Disabilities Education Act in 2017: Part B, Revised July 12, 2017” and resulted in a change in your State’s determination. We regret this error. Your State’s 2017 determination is based on the dat a reflected in the State’s “2017 Part B Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individu alized 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. Page 2—Chief State School Officer 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 determination procedures and criteria are s et 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 regular Statewide assessments; (2) the par ticipation 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 your State’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 State’s SPP/APR on the site, you will find , in Indicators 1 through 16, the OSEP Response to the indicator and any actions that the State is required to take. The actions that the State is required to take are in two places: (1) actions related to the correction of findings of noncompliance are i n the “OSEP Response” section of the indicator; and (2) any other actions that the State 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 lan guage in the “ OSEP Response” and/or “ Required Actions ” sections. You will also find all of the following important documents saved as attachments to the Progress Page: (1) the State’s RDA Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “201 7 Data Rubric Part B,” which shows how OSEP calculated the State’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 the Stat e’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 getti ng a broader picture of State performance in key areas. As noted above, the State’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 Page 3—Chief State School Officer awards (for FFYs 2014, 2015, and 2016), and those Special Conditions are i n effect at the time of the 2017 determination. States were required to submit Phase II I of the State Systemic Improvement Plan (SSIP) by April 3, 2017. OSEP appreciates the State’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 your State as it implements the second year of Phase III of the SSIP, which is due on April 2, 2018. As a reminder, y our State must report annually to the public, by posting on the Stat e educational agency’s (SEA’s) webs ite, the performance of each local educational agency (LEA) located in the State on the targets in the SPP/APR as soon as practicable, but no later than 120 days after the St ate’s submission of its FFY 2015 SPP/APR. In addition, your State 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 interventi on,” 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, your State must make its SPP/APR available to the public by pos ting 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; (2) includes the State’s determination letter and SPP/APR, and all related State and OSEP attachments; and (3) can be accessed via a URL unique to your State, 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 the State’s efforts to improve results for children and youth with disabilities and looks forward to working with your State 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 t o 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. Reissued July 12, 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 14, 2017