2020 SPP/APR and State Determination Letters PART B – Guam
OSEP Response to SPP/APR
PDF2020 SPP/APR Submission PART B — Guam
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 equal 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 Jon J.P. Fernandez
Superintendent of Education
Guam Department of Education
500 Mariner Avenue
Barrigada , Guam 96913
Dear Superintendent Fernandez :
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 Guam needs assistance in implementing the requ irements of Part
B of the IDEA. This determination is based on the totality of Guam ’s data and information,
including the Federal fiscal year (FFY) 2018 State Performance Plan/Annual Performance
Report (SPP/APR), other Entity - reported data, and other publi cly available information.
The Office of Special Education Programs (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 202 0, as it did for determinations in 2019. 1
Guam ’s
2020 determination is based on the data reflected in the Entity’s “2020 Part B Results - Driven
Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized 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 Percentage based on both the Compliance Score and the Results Score; and
(5) the Entity’s Determination.
1
OSEP has used results data on the participation and performance of children with disabilities on the National Assessment of
Educational Progress (NAEP) in making determinations for States (but not Entities) since 2014. Although t he BIE is the only
E ntity that a dminister s the NAEP , OSEP has not used NAEP data in making the BIE’s determinations because the BIE’s NAEP
data were previously not available. However, given that the BIE’s NAEP data are now available, OSEP is considering using the
NAEP data in making the BIE’s 2021 determination under IDEA section 616(d) .
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The RDA Matrix is further explained in a document, entitled “How the Department Made
Determinations under Section 616(d) of the Individuals with Disabilities Education Act in 2020:
Freely Associated States, Outlying Areas, and the Bureau of Indian Education - Pa rt B”
(HTDMD).
The specifics of the determination procedures and criteria are set forth in the HTDMD and
reflected in the RDA Matrix for Guam . In making Part B determinations in 2020, OSEP used
results data related to:
(1) the participation of children with di sabilities (CWD) on regular Statewide assessments;
(2) the percentage of CWD who graduated with a regular high school diploma; and
(3) the percentage of CWD who dropped out.
You may access the results of OSEP’s review of Guam ’s SPP/APR and other relevant data b y
accessing the EMAPS SPP/APR reporting tool using your Entity - specific log - on information at
https://emaps.ed.gov/suite/. When you access Guam ’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 actions that the Entity 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 acti ons that the Entity 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
language in the “OSEP Response” and/or “Required Actions” sections.
You will also find all of the following important documents saved as attachments:
(1) Guam ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2020 Data Rubric Part B,” which shows how OSEP calculated
Guam ’s “Timely and Accurate State - Reported Data” s core in the Compliance Matrix; and
(4) a document entitled “Dispute Resolution 2018 - 2019,” which includes the IDEA section
618 data that OSEP used to calculate Guam ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the C ompliance Matrix.
As noted above, Guam ’s 2020 determination is Needs Assistance. A State’s or Entity’s 2020
RDA Determination is Needs Assistance if the RDA Percentage is at least 60% but less than
80%. A State ’s or Entity ’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 or Entity’s last three IDEA Part B grant awards (for FFYs 2017, 2018,
and 2019), and those Spec ific Conditions are in effect at the time of the 2020 determination.
Guam ’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 or Entity is determined to need assistance for
two consecutive years, the Secretary must take one or more of the following actions:
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(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;
(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 requirements, the Secretary is advising Guam of available sources of technical
assistance, including OSEP - funded technical assistance centers and resources at the following
website: htt ps://osep.grads360.org/#program/highlighted - resources, and requiring Guam to work
with appropriate entities. In addition, Guam should consider accessing technical assistance from
other Department - funded centers such as the Comprehensive Centers with resour ces at the
following link: https://compcenternetwork.org/states . The Secretary directs Guam to determine
the results elements and/or compliance indicators, and improvement strategies, on which it will
focus its use of available technical assistance, in ord er to improve its performance. We strongly
encourage Guam to access technical assistance related to those results elements and compliance
indicators for which Guam received a score of zero. Guam must report with its FFY 2019
SPP/APR submission, due Februar y 1, 2021, on:
(1) the technical assistance sources from which Guam received assistance; and
(2) the actions Guam took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, Guam must notify the public
that the S ecretary 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 submit Phase III Year Four of the SSIP by April 1, 2020.
OSEP appreciates Guam ’s ongoing work on its SSIP and its efforts to improve results for
students with disabilities. We have carefully reviewed and responded to yo ur submission and will
provide additional feedback in the upcoming weeks. Additionally, OSEP will continue to work
with Guam as it implements the fifth year of Phase III of the SSIP, which is due on April 1, 2021.
As a reminder, Guam must make its SPP/AP R available to the public by posting it on its
agency’s website. Within the upcoming weeks, OSEP will be finalizing an Entity Profile that:
(1) includes the Entity’s determination letter and SPP/APR, OSEP attachments, and all Entity
attachments that are acces sible 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 Guam ’s efforts to improve results for children and youth with disabilities and
looks forward to working w ith Guam 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
tec hnical assistance.
Sincerely,
Laurie VanderPloeg
Director
Office of Special Education Programs
cc: Guam Director of Special Educat ion
View File
2020 SPP/APR Submission PART B — Guam
State Performance Plan / Annual Performance Report:Part BforSTATE FORMULA GRANT Provide sufficient detail to ensure that the Secretary How and where the State reported to the public on the FFY17 performance of each InstructionsSampling is not allowed.Describe the results of the State's examinatFFY20132014201520162017Target >=80.00%81.00%82.00%83.00%84.00%Data83.72%80.17%82.52%90.76%85.42%TargetsFFY20182019Target >=85.00%86.00%Targets: Description of Stakeholder Input Guam Part B engaged stakeholders from SourceDateDescriptionData SY 2017-18 Cohorts for Regulatory Adjusted-Cohort Graduation Rate (EDFacts file10/02/2019Number of youth with IEPs eligible to graduate148 SY 2017-18 RegulatorRegulatory four-year adjusted-cohort graduation rate table85.81%FFY 2018 SPP/APRNumber of youth with IEPs in the current year's adjusted cohort graduating with Provide additional information about this indicator (optional)1 - Prior FFY RequOPTION 2:Use same data source and measurement that the State used to report in iFFY20132014201520162017Target =Overall96.00%96.50%MathA >=Overall96.00%96.50%Targets: Description of Stakeholder Input Guam Part B engaged stakeholders from FFY 2018 SPP/APR Data: Reading AssessmentGroupGroup NameNumber of Children with FFY 2018 SPP/APR Data: Math AssessmentGroupGroup NameNumber of Children with IEPRegulatory InformationThe SEA, (or, in the case of a district-wide assessment, LB. Participation rate for children with IEPsC. Proficiency rate for children witGrade 5Grade 6Grade 7Grade 8Grade 9Grade 10Grade 11Grade 12HSAOverallXXXXXXXXXXXHistorical Data: Reading GroupGroup NameBaseline FFY20132014201520162017AOvera8.00%AOverall3.13%Actual4.21%2.85%3.36%14.27%2.80%Historical Data: MathGroup GroAOverall2005Target >=2.25%2.50%4.00%6.00%8.00%AOverall2.90%Actual2.55%2.96%3.95%GroupGroup Name20182019ReadingA >=Overall10.00%10.50%MathA >=Overall10.00%10.50%Targets: Description of Stakeholder Input Guam Part B engaged stakeholders from FFY 2018 SPP/APR Data: Reading AssessmentGroupGroup NameChildren with IEPs who rFFY 2018 SPP/APR Data: Math AssessmentGroupGroup NameChildren with IEPs who receRegulatory InformationThe SEA, (or, in the case of a district-wide assessment, LA. Percent of districts that have a significant discrepancy in the rate of suspe0.00%FFY20132014201520162017Target
(Grant Year 2018-2019—Issued June 25, 2020)
How the department made determinations (Entities)
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Last modified on September 17, 2020