2019 SPP/APR and State Determination Letters PART B — Palau
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 equ al access.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 2 0, 201 9
Honorable Sinton Soalablai
Minister of Education
Republic of Palau
P.O. Box 189
Koror , PW 96940
Dear M ini ster Soalablai :
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 Palau needs intervention in implementing the requirements of
Part B of the IDEA. This determination is based on the totality of Palau ’s data 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.
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 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 associat ed States, and the Bureau of Indian Education
(the Entities) in 2019, as it did for determinations in 2018.
Palau ’s 2019 determination is based on the data reflected in Palau ’s “2019 Part B Results -Driven
Accountability Matrix ” (RDA Matrix). The RDA Matri x is individualized for each State 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 RD A Percentage based on both the Compliance Score and the Results Score; and
(5) Palau ’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 Disabilitie s 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
reflected in the RDA Matrix for Palau . In makin g Part B determinations in 2019, OSEP
continued to use 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 perce ntage 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 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
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, in cluding: (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 sy stem, 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 con sider 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 to comment and provide input through OSEP ’s Leadership Co nference in
July 2019 and other meetings.
You may access the results of OSEP ’s review of Palau ’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 your Entity ’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 actio ns that the Entity is required to take are in two places:
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(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 A ctions ” 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 sa ved as attachments to the Progress
Page:
(1) Palau ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2019 Data Rubric Part B, ” which shows how OSEP calculated
Palau “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 Palau ’s “Timely State Complaint Decisions ” and
“Timely Due Process Hearing Decisions ” scores in the Compliance Matrix.
As noted above, the Dep artment has determined that Palau needs intervention in implementing
the requirements of Part B of IDEA. The Department identifies a State or Entity as needing
intervention under IDEA Part B if its RDA Percentage is less than 60%. Palau ’s RDA
Percentage is 52.5% . We note here that OSEP will continue the Specific Condition on the P alau ’s
FFY 201 9 IDEA Part B grant award related to ensuring that policies and procedures meet the
requirements governing qualifications for special education teachers in section 612(a)(14)(C) of
IDEA and 34 CFR §300.156(c). The specific reporting requirements and other r equired actions
will be described in OSEP ’s FFY 201 9 IDEA Part B grant award documents.
Pursuant to section 616(d)(2)(B) of the IDEA and 34 C .F.R. § 300.603(b)(2), an Entity that is
determined to be “need intervention ” or “need substantial intervention ” an d does not agree with
this determination, may request an opportunity to meet with the Assistant Secretary to
demonstrate why the Department should change the Entity ’s determination. To request a hearing,
submit a letter to Johnny W. Collett, Assistant Secr etary for Special Education and Rehabilitative
Services, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202
within 15 days of the date of this letter. The letter must include the basis for your request for a
change in your Enti ty’s determination.
States and Entities were required to submit Phase III Year Three of the SSIP by April 1, 2019.
OSEP appreciates Palau ’s ongoing work on its SSIP and its efforts to improve results for students
with disabilities. We have carefully review ed your submission and will provide feedback in the
upcoming weeks. Additionally, OSEP will continue to work with Palau as it implements the
fourth year of Phase III of the SSIP, which is due on April 1, 2020.
As a reminder, Palau must make its SPP/APR av ailable to the public by posting it on your
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 Entity ’s determination letter and SPP/APR, and all related State an d OSEP
attachments; and
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(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 Palau ’s efforts to improve results for chil dren and youth with disabilities and
looks forward to working with Palau 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 quest ions, would like to discuss this further, or want to request
technical assistance.
Sincerely,
Laurie VanderPloeg
Director
Office of Special Education Programs
cc: Palau 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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