2018 SPP/APR and State Determination Letters PART B – DC
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 June 28 , 2018 Honorable Hanseul Kang State Superintendent of Education District of Columbia Office of the State Superintendent of Education 1050 First Street NE , 3rd Floor Washington, D.C. 20002 Dear Superintendent Kang: I am writing to advise you of the U. S. Department of Education ’s (Department) 201 8 determination under section 616 of the Individuals with Disabilities Education Act (IDEA ). The Department has determined that the District of Col umbia (D.C.) needs intervention 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) 201 6 State Performance Plan/Annual Performance Report (SPP/APR), other State -reported data, and other publicly available information. Your State’s 201 8 determination is based on the dat a reflected in the State’s “201 8 Part B Results -Driven Accountability Matri x” (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 Sc ore 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 201 8: Part B ” (HTDMD). The Office of Special Education Programs ( OSEP ) is continuing to use both results data and compliance data in making determinations in 201 8, as it did for Part B determinations in 2 01 4, 201 5, 2016, and 201 7. (The specifics of the determination procedures and criteria are set forth in Page 2— Chief State School Officer the HTDMD and reflected in the RDA Matrix for your State.) In maki ng Part B determinations in 201 8, OSEP continued to use results data related to: (1) the participation of children with disabilities (CWD) on regular 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); (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 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 Stat e 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 to 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 Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “201 8 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 201 6-17,” which includes the IDEA section 618 data that OSEP used to calculate the State’s “Timely State Complaint Decisions” and “Timel y Due Process Hearing Decisions” scores in the Compliance Matrix . As noted above, the Department has determined that D.C. needs intervention in implementing the requirements of Part B of IDEA. The Department identifies a State as needing intervention under IDEA Part B if its RDA Percentage is less than 60%. D.C.’s RDA percentage is 54.17 %. We note here that OSEP will continu e the Speci fic Conditions 1 on D.C.’s FFY 201 8 IDEA Part B grant awards related to ensuring that: (1) reevaluations are provided to children with 1 Pursuant to the requirements in 2 CFR §200.207, the term “Specific Condition” is used, rather than “Special Condition” for FFY 2018 IDEA Part B grant awards that are issued subject to additional requirements. Page 3— Chief State School Officer disabilities in a timely manner as required by IDEA sections 612(a)(7) and 614(a) through (c) and 34 CFR §300.3 03; (2) findings of noncompliance are corrected in a timely manner, as required by IDEA sections 612(a)(11) and 616, 34 CFR §§300.149 and 300.600(e), 20 U.S.C. 1232d(b)(3)(E), and OSEP Memorandum 09 -02; and (3) local educational agencies (LEAs) comply with the secondary transition requirements in IDEA section 614(d)(1)(A)(i)(VIII) and 34 CFR §§300.320(b) and 300.321(b). The specific reporting requirements and other required actions will be described in OSEP’s FFY 2018 IDEA Part B grant award documents. Purs uant to section 616(d)(2)(B) of the IDEA and 34 CFR §300.603(b)(2), a State that is determined to be “need intervention” or “need substantial intervention” and does not agree with this determination, may request an opportunity to meet with the Assistant Secretary to demonstrate why the Departmen t should change the State’s determination. To request a hearing, submit a letter to Johnny W. Collett, Assistant Secretary for Special Education and Rehabilitative Services, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202 wi thin 15 days of the date of this letter. The letter must include the basis for your request for a change in your State’s determination. States were required to submit Phase II I Year Two of the State Systemic Improvement Plan (SSIP ) by April 2, 2018 . OSEP a ppreciates 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 you r 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 must report annually to the public, by posting on the State educational agency’s (SEA’s) website , the performance of LEA s located in the State on the targets in the SPP/APR as soon as practicable, but no later than 120 days after 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 ea ch 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 i s live. Page 4— Chief State School Officer 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 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