2018 SPP/APR and State Determination Letters PART B – Palau
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 Sinton Soalablai
Minister of Education
Republic of Palau Ministry of Education
Post Office Box 6051
Koror, Republic of Palau 96940
Dear Minister Soalablai
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 Republic of Palau (ROP) needs intervention in implementing
the requirements of Part B of the IDEA . This determination is based on the totality of the ROP ’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.
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 Educa tion , 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 f ace to face meeting on July 19, 2017
and subsequent conference calls with technical assistance prov iders who shared additional
questions and suggestions collected from Entities in later meetings. After careful consideration
of the input provided by each o f 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
letter to the ROP’s Chief State School Officer explaining how both results and compliance data
would be used in making 2018 determinations.
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The ROP ’s 201 8 determination is based on the dat a reflected in the ROP ’s “201 8 Part B Results -
Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for each State
and Entity and consists of:
(1) a Complianc e 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 ROP ’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:
Freely Associated States , O utlying Are as, 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 ROP. In maki ng Part B determinations in 201 8, OSEP use d
results data rela ted 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 revi ew of the ROP ’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 ROP’s SPP/APR on the site, you will f ind , in
applicable Indicators 1 through 16, the OSEP Response to the indicator and any actions that the
Entity is required to take. The actions that the ROP is required to take are in two places:
(1) actions related to the correction of findings of noncomplia nce are in the “OSEP
Response” section of the indicator; and
(2) any other actions that the ROP 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 incl ude
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 ROP ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “201 8 Data R ubric Part B,” w hich shows how OSEP calculated the
ROP’s “Timely and Accurate State -Reported Data” score in the Compliance Matrix; and
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(4) a document e ntitled “Dispute Resolution 201 6-17,” which includes the IDEA section 618
data that OSEP used to calcula te the ROP ’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 ROP needs intervention in
implementing the requirements of Part B of IDEA. The De partment identifies a State or Entity as
needing intervention under IDEA Part B if its RDA Percentage is less than 60 %. The ROP’s
RDA Percentage is 52.5 %. We note here that OSEP will continue the Specific Condition on the
ROP’s FFY 2018 IDEA Part B grant a ward related to ensuring that policies and procedures meet
the requirements governing qualifications for special education teachers in section 612(a)(14)(C)
of IDEA and 34 CFR §300.156(c) .1 The specific reporting requirements and other required
actions wil l be described in OSEP’s FFY 2018 IDEA Part B grant award documents .
Pursuant to section 616(d)(2)(B) of the IDEA and 34 CFR §300.603(b)(2), a n 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 Educa tion 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.
Sta tes and Entities were required to submit Phase III Year Two of the State Systemic
Improvement Plan (SSIP) by April 2, 2018. OSEP appreciates the ROP ’s ongoing work on its
SSIP and its efforts to improve results for students with disabilities. We have caref ully reviewed
your submission and will provide feedback in the upcoming weeks. Additionally, OSEP will
continue to work with the ROP as it implements the third year of Phase III of the SSIP, which is
due on April 1, 2019.
As a reminder , the ROP 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 Entity ’s determination letter and SPP/APR, and all related State 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.
1 In OSEP’s letter transmitting the ROP’s FFY 2017 IDEA Part B grant award, the term “Special Condition” was
used in referring to the grant condition and reporting requirements imposed on the release of that grant award. For
grant awards released in FFY 2018, the term “specific condition” replaces the term “special condition.”
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OSEP appreciates the ROP ’s efforts to improv e results for children and youth with disabilities
and looks forward to working with the ROP 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: Republic of Palau’s 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