2018 SPP/APR and State Determination Letters PART B – Arkansas
OSEP Response to SPP/APR
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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
June 28 , 2018
Honorable Johnny Key
Commissioner
Arkansas Department of Education
Four Capitol Mall Room 304 -A
Little Rock , Arkansas 72201
Dear Commissioner Key :
I am writing to advise you of the U. S. Department of Education’s (Department) 2018
determination under section 616 of the Individuals with Disabilities Education Act (IDEA ). The
Department has determined that Arkansas 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 th e Federal fiscal year (FFY) 2016 State Performance Plan/Annual
Performance Report (SPP/AP R), other State -reported data, and other publicly available
information.
Your State’s 2018 determination is based on the dat a reflected in the State’s “2018 Part B
Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for
eac h 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 2018 :
Part B ” (HTDMD).
The Office of Special Education Programs ( OSEP ) is continuing to use both results data and
compliance data in making determinations in 2018 , as it did for Part B determinations in 201 4,
2015, 2016, and 2017 . (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 2018 , OSEP continued to use results data related to:
(1) the participation of children with disabilities (CWD) on regu lar Statewide assessments;
(2) the participation and performance of CWD on the most recently administered (school
year 201 6-201 7) National Assessment of Educational Progress (NAEP);
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(3) the percentage of CWD who graduated with a regular high school diploma; and
(4) the percentage of CWD who drop ped 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 Sta te’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 in 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 t o review the Introduction to the SPP/APR, which may also include
language 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 Ma trix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2018 Data Rubric Part B,” which shows how OSEP calculated the
State’s “Timely and Accurate State -Reported Data” score in the Compliance Matrix; and
(4) a document e ntitled “Dispute Resolution 2016 -17 ,” which includes the IDEA section 618
data that OSEP used to calculate the State’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, the State’s 2018 determination is Needs Assistance. A State’s 2018 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 2015, 2016, and 2017 ), and those Special Conditions are i n effect at the time
of the 2018 determination.
The State’s determination for 2017 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 is determined to need 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;
(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 grante e and impose Special Conditions on the State’s
IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising the State of available sources of
technical assistance, including OSEP -funded technical assistance centers and resources at th e
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following website: https://osep.grads360.org/#program/highlighted -resources , and requiring the
State to work with appropriat e entities. In addition, the State 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 the State to determine the results elements and/or compliance indicators, and
improvement strategies, on which it will focus its use of ava ilable technical assistance, in order
to improve its performance. We strongly encourage the State to access technical assistance
related to those results elements and compliance indicators for which the State received a score
of zero. Your Sta te must repor t with its FFY 2017 SPP/APR submission, due February 1, 2019 ,
on:
(1) the technical assistance sources from which the State received assistance; and
(2) the actions the State took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 CFR §300.606, your State must notify the public
that the Secretary of Education has taken the above enforcement actions, including, at a
minimum, by posting a public notice on its website and distributing the notice to the media and
through public a gencies.
States were required to submit Phase II I Year Two of the State Systemic Improvement Plan
(SSIP ) by April 2, 2018 . OSEP appreciates the State’s ongoing work on its SSIP and its efforts to
improve results for students with disabilities. We have care fully reviewed your submission and
will provide feedback in the upcoming weeks. Additionally, OSEP will continue to work with
your State as it implements the third year of Phase III of the SSIP, which is due on April 1, 2019 .
As a reminder, your State mus t 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
the State on the targets in the SPP/APR as soon as practicable, but no later than 120 days afte r
the State’s submission of its FFY 201 6 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
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, your State 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;
(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.
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OSEP appreciates the St ate’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 cont act your
OSEP State Lead i f you have any questions, would like to discuss this further, or want to request
technical assistance.
Sincerely,
Ruth E. Ryder
Acting Director
Office of Special Education Programs
cc: State Director of Special Education
(Grant Year 2016-2017—Issued June 28, 2018)
Some historical APRs can be found on the GRADS360 website Public Domain Clearinghouse for APRs. To find available APRs, filter by the state you want to find and then filter by the year. If you cannot find the APR you are looking for, contact the Partner Support Center at EDEN-Submission-System@ed.gov.
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Last modified on July 17, 2018