2019 SPP/APR and State Determination Letters PART B — Virgin Islands
OSEP Response to SPP/APR
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OSEP Response to SPP/APR
400 MARYLAND AVE. S.W., WASHINGTON DC 20202 -2600
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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 Raquel Berry -Benjamin
Commissioner of Education
Virgin Islands Department of Education
1834 Kongens Gade
St. Thomas , VI 00802
Dear Commissioner Berry -Benjamin :
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 Virgin Islands needs assistance in implementin g the
requirements of Part B of the IDEA. This determination is based on the totality of Virgin Islands ’
data and information, including the Federal fiscal year (FFY) 2017 State Performance
Plan/Annual Performance Report (SPP/APR), other Entity -reported da ta, 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 associated States, and the Bureau of Indian Education
(the Entities) in 2019, as it did for determinations in 2018.
Virgin Islands ’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 indivi dualized 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 Percenta ge 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 Educ ation 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 Virgin Islands . In ma king 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 graduated with a regular high school diploma; and
(3) the percentage of C WD 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 wei ghting 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 2020 determinations
process we are also considering, as two a dditional 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 u sed 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
cont inue 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 re lated to the participation
and performance 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 improvemen ts 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 wa ys 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 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 Virgin Islands ’ SPP/APR and other relevant data
by accessing the SPP/APR mo dule using your Entity -specific log -on information at
https://osep.grads360.org . When you access Virgin Islands ’ 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:
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(1) actions related to the c orrection 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 Introducti on 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) Virgin Islands ’ RDA Matrix;
(2) the HTDMD do cument;
(3) a spreadsheet entitled “2019 Data Rubric Part B, ” which shows how OSEP calculated
Virgin Islands ’ “ Timely and Accurate State -Reported Data ” score in the Compliance
Matrix; and
(4) a document entitled “Dispute Resolution 2017 -18,” which includes the ID EA section 618
data that OSEP used to calculate Virgin Islands ’ “ Timely State Complaint Decisions ” and
“Timely Due Process Hearing Decisions ” scores in the Compliance Matrix.
As noted above, Virgin Islands ’ 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 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. Virgin Islands ’ RDA
percentage is 45%. However, in its FFY 2017 submission Virgin Islands provided information
regarding the impact of the 2017 hurricanes for OSEP to consider when making determinations
under 616 (d)(2) of the IDEA. Specifically, Virgin Islands was unable to collect valid and reliable
assessm ent data because it was not able to administer its reading/language arts and mathematics
assessments in FFY 2017 as a result of the damage to the territory ’s infrastructure. Therefore,
Virgin Islands was unable to report data on the participation of child ren with disabilities in the
general statewide assessment and this element of the Results Matrix could not be scored. In
addition, Virgin Islands reported that the damaged infrastructure and the challenges locating
families after the hurricanes impacted Vi rgin Islands ’ ability to meet timelines related to Part C to
Part B transition. Virgin Islands received a score of zero for this indicator on the Compliance
Matrix. Prior to the hurricanes, Virgin Islands had maintained high levels of compliance for this
indicator since 200 9 and received the full points for this indicator on the Compliance Matrix.
Virgin Islands ’s determ ination 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 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;
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(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 requirement s, the Secretary is advising Virgin Islands 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
Virgin Islands to work with appropriate entities. In addition, Virgin Islands 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/ind ex.html .
The Secretary directs Virgin Islands 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 enc ourage Virgin Islands to access
technical assistance related to those results elements and compliance indicators for which Virgin
Islands received a score of zero. Virgin Islands must report with its FFY 2018 SPP/APR
submission, due February 3, 2020, on:
(1) the technical assistance sources from which Virgin Islands received assistance; and
(2) the actions Virgin Islands took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, Virgin Islands must notify the
pub lic 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 submi t Phase III Year Three of the SSIP by April 1, 2019.
OSEP appreciates Virgin Islands ’ 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 up coming weeks. Additionally, OSEP will continue to work with Virgin Islands
as it implements the fourth year of Phase III of the SSIP, which is due on April 1, 2020.
As a reminder, the Virgin Islands must report annually to the public, by posting on its agency ’s
website, the performance of each local educational agency (LEA) located in the Virgin Islands on
the targets in the SPP/APR as soon as practicable, but no late r than 120 days after the Virgin
Islands ’ submission of its FFY 2017 SPP/APR. In addition, the Virgin Islands 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 assista nce, ” “ 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, Virgin Islands must make its SPP/APR available to the public by p osting 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;
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(2) includes Virgin Islands ’ 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.
OSEP appreciates Virgin Islands ’ efforts to improve results for children and youth with
disabilities and looks forward to working with Virgin Islands 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 Programs
cc: Virgin Islands 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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