2019 SPP/APR and State Determination Letters PART B — Guam
OSEP Response to SPP/APRPDF
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 Jon J.P. Fernandez Superintendent Guam Department of Education 500 Mariner Ave Barrigada , GU 96913 Dear Superintendent Fernandez : 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 Guam needs assistance in implementing the requ irements of Part B of the IDEA. This determination is based on the totality of Guam ’s data and information, including the Federal fiscal year (FFY) 2017 State Performance Plan/Annual Performance Report (SPP/APR), other Entity -reported data, and other publi cly 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 skills necessary to achieve the goals of IDEA as r eflected 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 res ults 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 Educatio n (the Entities) in 2019, as it did for determinations in 2018. Guam ’s 2019 determination is based on the data reflected in the Entity ’s “2019 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 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 Complian ce 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: Page 2— Chief State School O fficer Freely Ass ociated 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 Guam . In making Part B determinations in 2019, OSE P 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. 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 improv ing 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 equal ly, OSEP is considering assigning greater weight to those compliance factors most directly related to improving results for children with disabilities. For the 2020 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 SSIP as a results factor in making determinations would continue OSEP ’s emphasis on incorporati ng 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 perf ormance of children with disabilities on assessments, including: (1) using Statewide assessment results, rather than the National Assessment of Educational Progress 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, OSEP will provide parents, States, entities, LEAs, and other stakeholders with an opportunity t o 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 Guam ’s SPP/APR and other relevant data by accessing the SPP/APR module using your Entity -specific log -on infor mation at https://osep.grads360.org . When you access Guam ’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 Entity is required to take. The actions that the Entity is required to take are in two places: Page 3— Chief State School O fficer (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 Introduc tion 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) Guam ’s RDA Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “2019 Data Rubric Part B, ” which shows how OSEP calculated Guam ’s “Timely and Accurate State -Reported Data ” score in the Compliance Matrix; and (4) a document entitled “Dispute Resolution 2017 -18,” which includes the IDEA section 618 data that OSEP used to calculate Guam ’s “Timely State Complaint Decisions ” and “Timely Due Process Hearing Decisions ” scores in the Compliance Matrix. As noted above, Guam ’s 2019 determination is Needs Assistance. A State ’s or Entity ’s 2019 RDA Determinati on 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 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 effect at the time of the 2019 determination. Guam ’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 assistance 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 assista nce 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 a ssistance; 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 Guam of available sources of technical assistanc e, including OSEP -funded technical assistance centers and resources at the following website: https://osep.grads360.org/#progra m/highlighted -resources/ , and requiring Guam to work with appropriate entities. In addition, Guam 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 Guam to determine the results elements and/or compliance indicators, and imp rovement strategies, on which it will focus its use of available technical assistance, in order to improve its performance. We strongly encourage Guam to access technical assistance related to those results elements and Page 4— Chief State School O fficer compliance indicators for which Guam received a score of zero. Guam must report with its FFY 2018 SPP/APR submission, due February 3, 2020, on: (1) the technical assistance sources from which Guam received assistance; and (2) the actions Guam took as a result of that technical assistance. As requi red by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, Guam 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 th e media and through public agencies. States and Entities were required to submit Phase III Year Three of the SSIP by April 1, 2019. OSEP appreciates Guam ’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 Guam as it implements the fourth year of Phase III of the SSIP, which is due on April 1, 2020. As a reminder , Guam 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 Guam ’s determination letter and SPP/APR, and a ll 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 Guam ’s efforts to improv e results for children and youth with disabilities and looks forward to working with Guam 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 y ou have any questions, would like to discuss this further, or want to request technical assistance. Sincerely, Laurie VanderPloeg Director Office of Special Education Programs cc: Guam 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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