2019 SPP/APR and State Determination Letters PART B — Federated States of Micronesia
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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 20, 2019
Honorable Kalwin Kephas
Secretary of Education
Federated States of Micronesia
P.O. Box PS 87
Palikir , FM 96941
Dear Secretary Kephas :
I am writing to advise you of the U. S. Department of Education ’s (Department) 2019
determination under section 616 of the Individuals with Disabilities Education Act (IDEA). The
Department has determined that Federated States of Micronesia needs assistanc e in
implementing the requirements of Part B of the IDEA. This determination is based on the totality
of Federated States of Micronesia ’s data and information, including the Federal fiscal year (FFY)
2017 State Performance Plan/Annual Performance Report (S PP/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 an d 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. OSEP is continuing to use both results and compliance data in making
determinations for outlying areas, freely associated States, and the Bureau of Indian Education
(the Entities) in 2019, as it did for determinations in 2018.
Federated States of Micronesia ’s 2019 determination is based on the data reflected in the Entity ’s
“2019 Part B Results -Driven Accountabili ty 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
compliance factors;
(2) a Results Matrix that includes scoring on Results Elements;
(3) a Comp liance 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 explained in a document, entitled “How the Department Made
Determinations under Section 616(d) of the Individuals with Disabilities Education Act in 2019:
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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
refl ected in the RDA Matrix for Federated States of Micronesia . In making Part B determinations
in 2019, OSEP used results data related to:
(1) the participation of children with disabilities (CWD) on regular Statewide assessments;
(2) the percentage of CWD who gradu ated with a regular high school diploma; and
(3) the percentage of CWD who dropped out.
The Secretary is considering modifying the factors the Department will use in making its
determinations in June 2020 as part of its continuing emphasis on results for children with
disabilities. Section 616(a)(2) of the IDEA requires that the primary focus of IDEA monitoring
must be on improving educational results and functional outcomes for all children with
disabilities, and ensuring that States meet the IDEA program requirements, with an emphasis on
those requirements that are most closely related to improving educational results for children
with disabilities.
The proposed Part B determinations process will include the same compliance factors as in past
years, with one addition. For the 2020 determinations, rather than weighting each compliance
factor equally, OSEP is considering assigning greater weight to those compliance factors most
directly related to improving results for children with disabilities. For the 202 0 determinations
process we are also considering, as two additional results factors, State -reported data on:
preschool child outcomes and the State Systemic Improvement Plan (SSIP). Using preschool
outcomes for Part B determinations is consistent with the use of the early childhood outcomes
factor that has been used for Part C determinations since 2015. Use of this factor emphasizes the
importance of preschool outcomes in promoting later school success for students with
disabilities. The inclusion of the SS IP as a results factor in making determinations would
continue OSEP ’s emphasis on incorporating a results -driven approach as States identify
evidence -based practices that lead to improved outcomes for children and youth with disabilities.
In addition, we are considering several changes to the results factors related to the participation
and performance of children with disabilities on assessments, including: (1) using Statewide
assessment results, rather than the National Assessment of Educational Progres s performance
data; (2) looking at year -to-year improvements in Statewide assessment results and taking into
account the full Statewide assessment system, including alternate assessments; and (3) no longer
comparing each State ’s assessment performance with that of other States. Finally, OSEP will be
revisiting ways of measuring improvement in the graduation rate of students with disabilities. As
we consider changes to how we use the data under these factors in making the Department ’s
2020 determinations, OS EP will provide parents, States, entities, LEAs, and other stakeholders
with an opportunity to comment and provide input through OSEP ’s Leadership Conference in
July 2019 and other meetings.
You may access the results of OSEP ’s review of Federated States of Micronesia ’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 Federated States of Micronesia ’s
SPP/APR on the site, you will find, in applicable Indicators 1 through 16, the OSEP Response to
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the indicator and any actions that the Entity is required to take. The actions that the Entity is
required to take are in two p laces:
(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 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) Federated States of Micronesia ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2019 Data Rubric Part B, ” which shows how OSEP calculated
Federated States of Micronesia ’s “Timely and Accurate State -Reported Data ” score in the
Compliance Matrix; and
(4) a doc ument entitled “Dispute Resolution 2017 -18,” which includes the IDEA section 618
data that OSEP used to calculate Federated States of Micronesia ’s “Timely State
Complaint Decisions ” and “Timely Due Process Hearing Decisions ” scores in the
Compliance Matrix .
As noted above, Federated States of Micronesia ’s 2019 determination is Needs Assistance. A
State ’s or Entity ’s 2019 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 Assi stance if its RDA
Determination percentage is 80% or above but the Department has imposed Special or Specific
Conditions on the State ’s or Entity ’s last three IDEA Part B grant awards (for FFYs 2016, 2017,
and 2018), and those Specific Conditions are in ef fect at the time of the 2019 determination.
Federated States of Micronesia ’s determination for 2018 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 assistanc e for two consecutive years, the Secretary must take one or more of
the following actions:
(1) advise the State or Entity of available sources of technical assistance that may help the
State or Entity address the areas in which it needs assistance and require the State or
Entity to work with appropriate entities;
(2) direct the use of State or Entity -level funds 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 Federated States of Micronesia 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 Federated States of Micronesia to work with appropriate entities. In
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addition, Federated States of Micronesia 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
Federated States of Micronesia 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 Federated States of Micronesia to
access technical assistance related to those results elements and co mpliance indicators for which
Federated States of Micronesia received a score of zero. Federated States of Micronesia must
report with its FFY 2018 SPP/APR submission, due February 3, 2020, on:
(1) the technical assistance sources from which Federated States of Micronesia received
assistance; and
(2) the actions Federated States of Micronesia took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, Federated States of Micronesia
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 Y ear Three of the SSIP by April 1, 2019.
OSEP appreciates Federated States of Micronesia ’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 th e upcoming weeks. Additionally, OSEP will continue to work with
Federated States of Micronesia as it implements the fourth year of Phase III of the SSIP, which is
due on April 1, 2020.
As a reminder , Federated States of Micronesia must make its SPP/APR available to the public by
posting it on it ’s 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 Federated States of Micronesia ’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.
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OSEP appreciate s Federated States of Micronesia ’ s efforts to improve results for children and
youth with disabilities and looks forward to working with Federated States of Micronesia 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,
Laurie VanderPloeg
Director
Office of Special Education Program s
cc: Federated States of Micronesia Director of Special Education
(Grant Year 2017–2018 — Issued June 20, 2019)
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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