2018 SPP/APR and State Determination Letters PART B – West Virginia
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 Steven Paine
State Superintendent of Schools
West Virginia Department of Education
Capitol Complex Building 6, Room 358
1900 Kanawha Boulevard East
Charleston , West Virginia 25305
Dear Superintendent Paine :
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 West Virigina 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 th e Federal fiscal year (FFY) 2016 State Performance Plan/ Annual Performance
Report (SPP/APR), other Sta te-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 c onsists 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 Score and a Results Score ;
(4) an RDA Percentage based on both the Complianc e 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 2018 :
Part B ” (HTD MD).
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 procedu res and criteria are set forth in
the HTDMD and reflected in the RDA Matrix for your State.) In maki ng 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 201 6-201 7) 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 spreads heet 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 th at 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 201 5, 201 6, and 201 7), and those Special Conditions are i n effect at the time of the
2018 determination.
States were required to submit Phase II I Year Two of the State Systemic Im provement 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, bu t 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 o n 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 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