2020 SPP/APR and State Determination Letters PART B – Delaware

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. U NITED S TATES D EPARTMENT OF E DUCATION O FFICE OF S PECIAL E DUCATION AND R EHABILITATIVE S ERVICES June 25 , 2020 Honorable Dr. Susan Bunting Secretary of Education Delaware Department of Education 401 Federal Street, #2 Dover , Delaware 19901 Dear Secretary Bunting : I am writing to advise you of the U. S. Department of Education’s (Department) 2020 determination under section 616 of the Individuals with Disabilities Education Act (IDEA). The Department has determined that Delaware needs assistance in implementing the requirements of Part B of the IDEA . This determination is based on the totality of the State’s data and information, including th e Federal fiscal year (FFY) 2018 State Performance Plan/Annual Performance Report (SPP/APR), other State - reported data, and oth er publicly available information. Your State’s 2020 determination is based on the dat a reflected in the State’s “2020 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 Matrix that includes scoring on Result s 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 Determinati ons under Section 616(d) of the Individuals with Di sabilities Education Act in 2020 : Part B ” (HTDMD). The Office of Special Education Programs ( OSEP ) is continuing to use both results data and compliance data in making determinations in 2020 , as it did for Part B determinations in 201 4, 2015, 2016, 2017, 2018, and 2019 . (The specifics of the determination procedures and criteria are set forth in the HT DMD and reflected in the RDA Matrix for your State.) In maki ng Part B determinations in 2020 , OSEP continued to use results data related to: Page 2 — Chief State School Officer (1) the participation of children with disabilities (CWD) on regular Statewide assessments; (2) the participation and per formance of CWD on the most recently administered (school year 201 8 - 201 9 ) National Assessment of Educational Progress (NAEP); (3) t he percentage of CWD who graduated with a regular high school diploma; and (4) the percentage of CWD who drop ped out. You may acce ss the results of OSEP’s review of your State’s SPP/APR and other relevant data by accessing the EMAPS SPP/APR reporting tool using your State - specific log - on information at https://emaps.ed.gov/suite/ . When you access your State’s SPP/APR on the site, you will find , 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 inclu de language in the “ OSEP R esponse ” and/or “ Required Actions ” sections . You will also find all of the following important documents saved as attachments: (1) the State’s RDA Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “2020 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 e ntitled “Dispute Resolution 2018 - 2019 ,” which includes the IDEA section 618 data that OSEP used to calculate the State’s “Timel y State Complaint Decisions” and “Timely Due Process Hearing Decisions” scores in the Compliance Matrix . As noted above, the State’s 2020 determination is Needs Assistance. A State’s 2020 RDA Det ermination is Needs Assistance if the RDA Percentage is at l east 6 0% but less than 80%. A State’s determination 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 last three IDEA Pa rt B grant awards (for FFY s 2017, 2018, and 2019 ), and those Speci fic Conditions are i n effect at the time of the 2020 determination. The State’s determination for 2019 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 is determined to need assistance for two consecutive years, the Secretary must take one or mo re of the following actions: (1) advise the State of available sources of technical assistance that may help the State address the areas in which the State needs assistance and require the State to work with appropriate entities; (2) direct the use of State - level funds on the area or areas i n which the State needs assistance; or Page 3 — Chief State School Officer (3) identify the State as a high - risk grantee and impose Special Conditions on the State’s IDEA Part B grant award. Pursuant to these requirements, the Secretary is advising the State of available sources of technical as sistance, including OSEP - funded technical assistance centers and resources at the following website: https://osep.grads360.org/#program/highlighted - resources , and requiring the State to work with appropriate entities. In addition, the State should consider accessing technical assistance from other Department - funded centers such as the Comprehensive Centers with resources at the following link: https://compcenternetwork.org/states . The Secretary directs the State to determine the results elements and/or comp liance indicators, and improvement strategies, on which it will focus its use of available technical assistance, in order to improve its performance. We strongly encourage the State to access technical assistance related to those results elements and compl iance indicators for which the State received a score of zero. Your State must report with its FFY 2019 SPP/APR submission, due February 1, 2021, on: (1) the technical assistance sources from which the State received assistance; and (2) the actions the State too k as a result of that technical assistance. As required by IDEA section 616(e)(7) and 34 C . F . R . § 300.606, your State must notify the public that the Secretary of Education has taken the above enforcement actions, including, at a minimum, by posting a publ ic notice on its website and distributing the notice to the media and through public agencies. States were required to submit Phase II I Year Four of the SSIP by April 1, 2020 . OSEP appreciates the State’s ongoing work on its SSIP and its efforts to improve results for students with disabilities. We have carefully reviewed and responded to your submission and will provide additional feedback in the upcoming weeks. Additionally, OSEP will continue to work with your State as it implements the fifth year of Pha se III of the SSIP, which is due on April 1, 2021 . 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 t he targets in the SPP/APR as soon as practicable, but no later than 120 days after the State’s submission of its FFY 2018 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 t he 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 on the SEA’s web site. Within the upcoming weeks , OSEP will be finalizing a State Profile that: (1) includes the State’s determination letter and SPP/APR, OSEP attachments , and all State attachments that are accessible in accordance with Section 508 of the Rehabilitation Act of 1973 ; and (2) will be accessible to the public via the ed.gov website. Page 4 — Chief State School Officer OSEP appreciates the State’s efforts to improve results for children and youth with disabilitie s 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 their families. Please contact your OSEP State Lead i f you have any questions, would like to discus s this further, or want to request technical assistance. Sincerely, Laurie VanderPloeg Director Office of Special Education Programs cc: State Director of Special Education