2019 SPP/APR and State Determination Letters PART B — Nebraska
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 Dr. Matthew L. Blomstedt
Commissioner of Education
Nebraska Department of Education
301 Centennial Mall S, P.O. Box 94987
Lincoln , NE 68509
Dear Commissioner Blomstedt :
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 Nebraska meets the requirements and purposes of Part B of the
IDEA. This determination is based on the totality of the State’s da ta and information, including
the Federal fiscal year (FFY) 2017 State Performance Plan/ Annual Performance Report
(SPP/APR), other State -reported data, and other publicly available information.
Your State’s 2019 determination is based on the dat a reflected in the State’s “2019 Part B
Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for
each State and consists of:
(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
comp liance factors;
(2) a Results M atrix 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 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 2019 :
Part B ” (HTDMD).
The Office of Special Education Programs (OSEP) is continuing to use both results data and
compliance data in making determinations in 2019 , as it did for Part B determinations in 201 4,
2015, 2016, 2017 , and 2018 . (The specifics of the determination procedures and criteria are set
forth in the HTDMD and reflected in the RDA Matrix for your State.) In maki ng Part B
determ inations in 2019 , 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) Na tional 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.
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 ou tcomes 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 thos e 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 S ystemic 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 p reschool 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 incorporating a results -driven approach as States identify
evidenc e-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, i ncluding: (1) using Statewide
assessment results, rather than the NAEP 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 u nder these factors in making the Department’s 2020
determinations, OSEP 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 meetin gs.
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 f ind , 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
lang uage in the “ OSEP Response ” and/or “Required Actions ” sections .
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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 spreadsheet entitled “2019 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 2017 -18 ,” which includes the IDEA section 618
data that OSEP used to calculate the St ate’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, the State’s 2019 determination is Meets Requirements. A State’s 2019 RDA
Determination is Meets Requirements if the RDA Pe rcentage is at least 80%, unless the
Department has imposed Special or Specific Conditions on the State’s last three IDEA Part B
grant awards (for FFYs 2016, 2017, and 2018 ), and those Speci fic Conditions are i n effect at the
time of the 2019 determination .
States were required to submit Phase II I Year Three of the SSIP by April 1, 2019 . 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
fourth year of Phase III of the SSIP , which is due on Ap ril 1 , 2020 .
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 2017 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
(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 disabilities
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 thei r families. Please contact your
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OSEP State Lead i f you 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: State Director of Sp ecial 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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