2018 SPP/APR and State Determination Letters PART B – Northern Mariana Islands
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. U
NITED STATES DEPARTMENT OF EDUCATION
O FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 28, 2018
Honorable Glenn Muna
Interim Commissioner of Education
Commonwealth of the Northern Mariana Islands
Public School System
Post Office Box 501370
Saipan, Commonwealth of the Northern Mariana Islands 96950
Dear Commissioner Muna:
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 the Commonwealth of the Northern Mariana Islands (CNMI)
n
eeds intervention in implementing the requirements of Part B of the IDEA. This determination
is based on the totality of the CNMI’ 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.
Protecting the rights of children with disabilities and their families is a key responsibility of
States,
outlying areas, Freely Associated States, and the Bureau of Indian Education, but it is not
sufficient if children are not attaining the knowledge and skills necessary to achieve the goals of
IDEA as reflected in Congressional findings in
section 601(c)(1) of the IDEA: equality of
opportunity, full participation, independent living, and economic self-sufficiency. To address this
concern, the Office of Special Education Programs (OSEP)
has been using results data when
making annual determinations for States under IDEA section 616(d) since 2014, and this year for
the first time, the Department used results data when making determinations for outlying areas,
Freely Associated States and the Bureau of Indian Education (the Entities).
OSEP informed the
Entities in their 2017 determination letters, that it was considering using both
compliance and results data when making determinations in 2018. Over the past year, OSEP has
solicited input from the Entities on multiple occasions; in a face to face meeting on July 19, 2017
and subsequent conference calls with technical assistance providers who shared additional
questions and suggestions collected from Entities in later meetings. After careful consideration
of the input provided by each of the Entities, technical assistance providers, and other
stakeholders, OSEP developed an equitable and reasonable process for using results data with
compliance data in making determinations for each Entity. In early February 2018, OSEP sent a
Page 2—Chief State School Officer
letter to the CNMI
’s Chief State School Officer explaining how both results and compliance data
would be used in making 2018 determinations.
The CNMI ’s 2018
determination is based on the data reflected in the CNMI ’s “201 8 Part B
Results- Driven Accountability Matrix” (RDA Matri x). The RDA Matrix is individualized for
each State and Entity 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 CNMI ’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
:
Freely Associated
States, Outlying Areas, and the Bureau of Indian Education-Part B ”
(HTDMD).
The specifics of the determination procedures and criteria are set forth in the HTDMD and
reflected in the RDA Matrix for
the CNMI. In making Part B determinations in 2018 , OSEP used
results data related to:
(1) the participation of children with disabilities (CWD) on regular Statewide assessments;
(2) the percentage of CWD who graduated with a regular high school diploma; and
(3) the percentage of CWD who
drop ped out.
You may access the results of OSEP’s review of the CNMI’s
SPP/APR and other relevant data
by accessing the SPP/APR module using your Entity-specific log-on information at
https://osep.grads360.org . When you access the CNMI’s
SPP/APR on the site, you will find,
in applicable Indicators 1 through 16, the
OSEP Response to the indicator and any actions that the
CNMI is required to take. The actions that the CNMI 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 CNMI 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.
Page 3—Chief State School Officer
You will also find all of the following important documents saved as attachments to the Progress
Page:
(1) the CNMI ’s RDA Matrix ;
(2) the HTDMD document;
(3) a spreadsheet entitled “201 8
Data Rubric Part B,” which shows how OSEP calculated
the CNMI “Timely and Accurate State -Reported Data” score in the Compliance Matrix;
and
(4) a document e ntitled “Dispute Resolu tion 2016
-17,” which includes the IDEA section 618
data that OSEP used to calculate the CNMI ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, the Department has determined that
the CNMI needs intervention in
implementing the requirements of Part B of IDEA. The Department identifies a State or Entity as
needing intervention under IDEA Part B if its RDA Percentage is less than 60%.
The CNMI’s
RDA Percentage is 53%.
Pursuant to section 616(d)(2)(B) of the IDEA and 34 CFR §300.603(b)(2), an
Entity 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 Department should change the
Entity ’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
within 15 days of the date of this letter. The letter must include the basis for your request for a
change in your Entity’s
determination.
States and Entities were required to submit Phase III Year Two of the State Systemic
Im provement Plan (SSIP) by April 2, 2018. OSEP appreciates the CNMI ’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 the CNMI as it implements the third year of Phase III of the SSIP, which
is due on April 1, 2019.
As a reminder,
the CNMI must make its SPP/APR available to the public by posting it on your
agency’s web
site. Within the next several days, OSEP will be finalizing an Entity Profile that:
(1) will be accessible to the public;
(2) includes the CNMI’s determination letter and SPP/APR, and all related
CNMI and OSEP
attachments; and
(3) can be accessed via a URL unique to your Entity,
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.
Page 4—Chief State School Officer
OSEP appreciates the CNMI
’s efforts to improve results for children and youth with disabilities
and looks forward to working with the CNMI 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:
CNMI 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