2018 SPP/APR and State Determination Letters PART B – North Dakota
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.
U
NITED STATES DEPARTMENT OF EDUCATION
O FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 28, 2018
Honorable Kirsten Baesler
State Superintendent
North Dakota Department of Public Instruction
600 E. Boulevard Ave., Dept. 201
Bismarck, North Dakota 58505
Dear Superintendent Baesler:
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 North Dakota
meets the requirements and purposes 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) 2016 State Performance Plan/ Annual
Performance
Report (SPP/APR), 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
each State and consists of:
(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
compliance 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 Disabilities 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 determination procedures and criteria are set forth in
the HTDMD and reflected in the RDA Matrix for your State.) In making Part B determinations
in 2018, 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 2016
-2017) 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 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 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 entitled “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
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, the State’s 201 8
determination is Meets Requirements. A State’s 201 8 RDA
Determination is Meets Requirements if the RDA Percentage is at least 80%, unless the
Department has imposed Special Conditions on the State’s last three IDEA Part B grant awards
(for FFYs 2015
, 201 6, and 2017 ), and those Special Conditions are in effect at the time of the
2018
determination.
States were required to submit
Phase III 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 carefully reviewed your submission and
will provide feedback in the upcoming weeks. Additionally, OSEP will continue to work with
your State as it
implement s the third year of Phase III of the SSIP, which is due on Ap ril 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 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 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
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(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
website. 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 disab ilities
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 if 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