2018 SPP/APR and State Determination Letters PART B – Virgin Islands
OSEP Response to SPP/APR
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OSEP Response to SPP/APR
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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.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 28, 2018
Honorable Sharon Ann McCollum
Commissioner of Education
Virgin Islands Department of Education
1834 Kongens Gade
St. Thomas , Virgin Islands 00802
Dear Commissioner McCollum :
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 Virgin Islands needs assistance in implementing the
requirements of Part B of the IDEA . This determination is based on the totality of the Virgin
Islands ’ data and information, including the Federal fiscal year (FFY) 2016 State Performance
Plan/Annual Performance Report (SPP/ APR), other Entity -reported data, and other publicly
available information.
Protecting the rights of children with disabilities and their families is a key responsibility of
States, but it is not sufficient if children are not attaining the knowledge and s kills 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 Spe cial 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 ye ar, 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 dete rminations for each Entity. In early February 2018, OSEP sent a
letter to the Virgin Islands ’ Chief State School Officer explaining how both results and
compliance data would be used in making 2018 determinations.
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The Virgin Islands ’ 2018 determination is based on the data reflected in the Entity’s “2018 Part B
Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for
each Entity and consists of:
(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
com pliance 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 Entity’s Determination.
The RDA Matrix is further exp lained 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 specif ics of the determination procedures and criteria are set forth in the HTDMD and
reflected in the RDA Matrix for the Virgin Islands . 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 dropped out.
You may access the results of OSEP’s review of the Virgin Islands ’ 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 Virgin Islands ’ 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 Entity is required to take. The actions that the Entity 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 Entity is required to take are in the “Required Actions” section
of the indicator.
It is important for you to review the In troduction 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 Virgin Islands ’ RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2018 Data Rubric Part B,” which shows how OSEP calculated the
Virgin Islands ’ “Timely and Accurate State -Reported Data” score in the Compliance
Matrix; and
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(4) a document entitled “Dispute Resolution 2016 -17,” which includes the IDEA section 618
data that OSEP used to calculate the Virgin Islands ’ “Timely State Complaint Decisions”
and “Timely Due Process Hearing Decisions” scores in the Compliance Matrix.
As noted above, the Virgin Islands ’ 2018 determination is Ne eds Assistance. A State’s or Entity’s
2018 RDA Determination is Needs Assistance if the RDA Percentage is at least 60% but less
than 80%. A State or Entity would also be Needs Assistance if its RDA Determination percentage
is 80% or above but the Departmen t has imposed Special Conditions on the State’s or Entity’s
last three IDEA Part B grant awards (for FFYs 2015, 2016, and 2017), and those Special
Conditions are in effect at the time of the 2018 determination.
The Virgin Islands ’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 or Entity is determined to
need assistance for two consecutive years, the Secretary must take one or more of the following
actions:
(1) advise the S tate or Entity of available sources of technical assistance that may help the
State or Entity address the areas in which the it needs assistance and require the State or
Entity to work with appropriate entities;
(2) direct the use of State or Entity -level fun ds on the area or areas in which the State or
Entity needs assistance; or
(3) identify the State or Entity as a high -risk grantee and impose Special Conditions on the
State’s or Entity’s IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising the Virgin Islands of available sources
of technical assistance, including OSEP -funded technical assistance centers and resources at the
following website: https://osep.grads360.org/#program/highlighted -resources/ , and requiring the
Virgin Islands to work with appropriate entities. In addition, the Virgin Islands 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 Virgin Islands to determine the results elements and/or compliance
indicators, and improvement strategies, on which it will focus its use of available technical
assistance, in order to improve its performance. We strongly encourage the Virgin Islands to
access technical assistance related to those results elements and compliance indicators for which
the Virgin Islands received a score of zero. The Virgin Islands must report with its FFY 2017
SPP/APR submission, due February 1, 2019, on:
(1) the technical assistance sources from which the Virgin Islands received assistance; and
(2) the actions the Virgin Islands took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 CFR §300.606, the Virgin Islands 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 agencies.
States and Entities were required to submit Phase III Year Two of the State Systemic
Improvement Plan (SSIP) by April 2, 2018. OSEP appreciates the Virgin Islands ’ 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,
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OSEP will continue to work with the Virgin Islands as it implements the third year of Phase III of
the SSIP, which is due on April 1, 2019.
As a reminder, the Virgin Islands must report annually to the public, by posting on its agency’s
website, the performance of each local educational agency (LEA) located in the Virgin Islands on
the targets in the SPP/APR as soon as practicable, but no later than 120 days after the Virgin
Islands’ submission of its FFY 2016 SPP/APR. In addition, the Virgin Islands 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 , the Vir gin Islands must make its SPP/APR available to the public by posting it on its
agency’s website. Within the next several days, OSEP will be finalizing an Entity Profile that:
(1) will be accessible to the public;
(2) includes the Virgin Islands ’ 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.
OSEP appreciates the Virgin Islands ’ efforts to improve results for children and youth with
disabilities and looks forward to working with the Virgin Islands over the next year as we
continue our important work of improving the lives of children with disab ilities 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: Virgin Islands 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