2020 SPP/APR and State Determination Letters PART B – Delaware
OSEP Response to SPP/APR
PDF2020 SPP/APR Submission PART B — Delaware
MS WORDView PDF
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.
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:
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(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
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(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.
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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
View File
2020 SPP/APR Submission PART B — Delaware
State Performance Plan / Annual Performance Report:Part BforSTATE FORMULA GRANT PRProvide sufficient detail to ensure that the Secretary anHow and where the State reported to the public on the FFY17 performance of each LEResults indicator: Percent of youth with Individualized Education Programs (IEPs) FFY20132014201520162017Target >=63.00%66.70%71.40%74.10%77.80%Data59.83%67.66%65.61%67.15%67.94%TargetsFFY20182019Target >=67.30%68.50%Targets: Description of Stakeholder Input Delaware began implementing the ESSA plaDateDescriptionData SY 2017-18 Cohorts for Regulatory Adjusted-Cohort Graduation R10/02/2019Number of youth with IEPs graduating with a regular diploma996 SY 2017-1Number of youth with IEPs eligible to graduate1,442 SY 2017-18 Regulatory Adjusted69.07%FFY 2018 SPP/APR DataNumber of youth with IEPs in the current year's adjusted cohort graduating with a Provide additional information about this indicator (optional)DDOE needs to amend OPTION 2:Use same data source and measurement that the State used to report in itsFFY20132014201520162017Target =95.00%95.00%95.00%95.00%95.00%BGrade 498.16%Actual96.60%97.3296.17%CGrade 52018Target >=95.00%95.00%95.00%95.00%95.00%CGrade 597.59%Actual96.7097.96%97.85%DGrade 62018Target >=95.00%95.00%95.00%95.00%95.00%DGrade 697.17%Actua95.96%97.08%97.25%EGrade 72018Target >=95.00%95.00%95.00%95.00%95.00%EGrade 796.7497.57%95.64%97.45%96.64%FGrade 82018Target >=95.00%95.00%95.00%95.00%95.00%FGrade 95.11%95.81%96.80%GHigh School2018Target >=95.00%95.00%95.00%95.00%95.00%GHigh Sch92.00%90.36%89.36%84.40%Historical Data: MathGroup Group Name Baseline FFY20132014Target >=95.00%95.00%95.00%95.00%95.00%AGrade 397.91%Actual98.60%97.10%97.98%97.6495.00%95.00%BGrade 498.06%Actual98.78%97.09%97.75%98.17%96.34%CGrade 52018Target >CGrade 597.60%Actual98.76%97.41%97.09%97.91%97.80%DGrade 62018Target >=95.00%95.0097.69%97.39%95.64%96.74%96.63%EGrade 72018Target >=95.00%95.00%95.00%95.00%95.00%E96.24%FGrade 82018Target e"95.00%95.00%95.00%95.00%95.00% 8High School2018Target >=95.00%95.00%95.00%h School4.68GroupGroup Name20182019ReadingA >=Grade 395.00%95.00%ReadingB >=Grade 495.00%95.0%ReadingC >=Grade 595.00%95.00%ReadingD >=Grade 695.00%95.0%ReadingE >=Grade 795.00%95.00%ReadingF >=Grade 895.00%95.0%ReadingG >=High School95.00%95.00%MathA >=Grade 395.00%95.00%MathB >=Grade 495.00%95.00%MathC >=Grade 595.00%95.00%MathD >=Grade 695.00%95.00%MathE >=Grade 795.00%95.00%MathF >=Grade 895.00%95.00%MathG >=High School95.00%95.0%Targets: Description of Stakeholder Input Delaware began implementing the ESSA plaFFY 2018 SPP/APR Data: Reading AssessmentGroupGroup NameNumber of Children with IE2,1742,13496.17%95.00%98.16%Met TargetNo SlippageCGrade 52,2442,19097.85%95.00%97.Met TargetNo SlippageEGrade 71,9341,87196.64%95.00%96.74%Met TargetNo SlippageFGra1,7951,34284.40%95.00%74.76%Did Not Meet TargetSlippageGroupGroup NameReasons for GHigh SchoolDDOE established an accountability policy to ensure all students take FFY 2018 SPP/APR Data: Math AssessmentGroupGroup NameNumber of Children with IEPsNFFY 2018 TargetFFY 2018 DataStatusSlippageAGrade 32,1512,10697.64%95.00%97.91%Met CGrade 52,2482,19497.80%95.0%97.60%Met TargetNo SlippageDGrade 62,0501,98996.63%996.24%95.00%96.63%Met TargetNo SlippageFGrade 81,8601,77496.79%95.00%95.38%Met TarGroupGroup NameReasons for slippage, if applicableGHigh SchoolDDOE established an accountability policy to ensure all students takeThe SEA, (or, in the case of a district-wide assessment, LEA) must make available (20 U.S.C. 1416 (a)(3)(A))Data Source3C. Same data as used for reporting to the De5Grade 6Grade 7Grade 8Grade 9Grade 10Grade 11Grade 12HSAGrade 3XBGrade 4XCGrade 5XDGrade 6XEGrade 7XFGrade 8XGHigh SchoolXHistorical Data: Reading GroupGroup NameBaseline FFY20132014201520162017AGrade 32018Target >=41.40%19.30%26.0%32.70%39.50%AGrade 321.42%Actual33.87%25.31%24.67%239.50%BGrade 421.70%Actual36.45%21.77%21.66%20.95%16.88%CGrade 52018Target >=41.40Actual38.91%19.85%23.87%22.97%15.59%DGrade 62018Target >=41.40%19.30%26.00%32.70%3EGrade 72018Target >=41.40%19.30%26.00%32.70%39.50%EGrade 715.82%Actual30.04%15.4341.40%19.30%26.00%32.70%39.5%FGrade 815.18%Actual29.29%16.49%17.29%16.46%13.30%GHGHigh School12.82%Actual34.56%18.70%18.03%13.57%8.62%Historical Data: MathGroup GrAGrade 32018Target >=41.80%15.00%22.10%29.20%36.30%AGrade 325.02%Actual36.69%25.0041.80%15.00%22.10%29.20%36.3%BGrade 421.24%Actual37.00%18.60%19.72%21.05%16.67%CG36.30%CGrade 513.99%Actual33.08%13.64%14.89%14.94%9.40%DGrade 62018Target >=41.80%DGrade 69.00%Actual23.21%9.68%12.24%12.56%5.70%EGrade 72018Target >=41.80%15.00%2227.61%11.15%12.81%13.42%5.05%FGrade 82018Target >=41.80%15.00%22.10%29.20%36.30%FG5.74%GHigh School2018Target >=41.80%15.00%22.10%29.20%36.30%GHigh School3.20%ActuaTargetsGroupGroup Name20182019ReadingA >=Grade 327.63%30.41%ReadingB >=Grade 424.54%27.44%ReadingC >=Grade 525.58%28.44%ReadingD >=Grade 617.74%20.9%ReadingE >=Grade 718.07%21.22%ReadingF >=Grade 817.53%20.7%ReadingG >=High School17.46%20.63%MathA >=Grade 330.82%33.48%MathB >=Grade 422.91%25.88%MathC >=Grade 516.94%20.13%MathD >=Grade 613.76%17.06%MathE >=Grade 714.43%17.72%MathF >=Grade 812.75%15.95%MathG >=High School10.85%14.28%Targets: Description of Stakeholder Input Delaware began implementing the ESSA plaFFY 2018 SPP/APR Data: Reading AssessmentGroupGroup NameChildren with IEPs who recGrade 42,13446316.88%24.54%21.70%Did Not Meet TargetNo SlippageCGrade 52,19046515.15.28%Did Not Meet TargetNo SlippageEGrade 71,87129612.81%18.07%15.82%Did Not MeetHigh School1,3421728.62%17.46%12.82%Did Not Meet TargetNo SlippageFFY 2018 SPP/APRGrade 32,10652716.92%30.82%25.02%Did Not Meet TargetNo SlippageBGrade 42,12845216.13.99%Did Not Meet TargetNo SlippageDGrade 61,9891795.70%13.76%9.00%Did Not Meet TGrade 81,7741095.74%12.75%6.14%Did Not Meet TargetNo SlippageGHigh School1,342432.Public Reporting InformationProvide links to the page(s) where you provide public State discipline data, including State's analysis of State's Discipline data colleFFY20132014201520162017Target =52.B71.00%Data52.56%78.68%81.27%82.59%62.16%C2009Target >=100.00%100.00%100.00%100.0065.64%82.64%85.88%86.20%81.56%FFY 2018 TargetsFFY20182019Target A >=41.00%45.00%Target B >=72.00%76.00%Target C >=100.00%100.00%Targets: Description of Stakeholder Input The Delaware Department of Education (DDFFY 2018 SPP/APR DataNumber of respondent youth who are no longer in secondary sch2. Number of respondent youth who competitively employed within one year of leavin3. Number of respondent youth enrolled in some other postsecondary education or tr4. Number of respondent youth who are in some other employment within one year of Number of respondent youthNumber of respondent youth who are no longer in secondar28161641.39%41.00%45.62%Met TargetNo SlippageB. Enrolled in higher education or coPlease select the reporting option your State is using: Option 2: Report in alignmWas a survey used? YESIf yes, is it a new or revised survey?NOInclude the State's analyses of the extent to which the response data are represenIf no, describe the strategies that the State will use to ensure that in the futur14 - OSEP ResponseThe State provided targets for FFY 2019 for this indicator, and States are not required to establish baseline or targets if the number of resolutiSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section C: Due Process Com4SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section C: Due Process Co3.1(a) Number resolution sessions resolved through settlement agreements3Select yeTargets: Description of Stakeholder Input In order to establish targets for FFY 20FFY20132014201520162017Target >=50.00%50.00% - 60.0%Data100.00%25.00%50.00%100.0%100.00%TargetsFFY2018 (low)2018 (high)2019 (low)2019 (high)Target50.00%60.00%50.00%60.00%FFY 2018 SPP/APR Data3.1(a) Number resolutions sessions resolved through settlemen15 - Prior FFY Required ActionsNone15 - OSEP ResponseThe State provided a target f16 - Indicator DataSelect yes to use target rangesTarget Range is usedPrepopulatedSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Reque9SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Requ2.1.a.i Mediations agreements related to due process complaints2SY 2018-19 EMAPS I11/11/20192.1.b.i Mediations agreements not related to due process complaints5Select yes if the data reported in this indicator are not the same as the State's FFY20132014201520162017Target >=88.00%88.00%89.00%7.00% - 80.00%Data62.50%90.91%76.92%50.00%88.89%TargetsFFY2018 (low)2018 (high)2019 (low)2019 (high)Target70.00%80.00%70.00%80.00%FFY 2018 SPP/APR Data2.1.a.i Mediation agreements related to due process complaint16 - Prior FFY Required ActionsNone16 - OSEP ResponseThe State provided a target fName and title of the individual certifying the accuracy of the State's submissionT 55Part B
(Grant Year 2018-2019—Issued June 25, 2020)
How the department made determinations
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Last modified on September 17, 2020