2020 SPP/APR and State Determination Letters PART B — Palau
OSEP Response to SPP/APR
PDF2020 SPP/APR Submission PART B — Palau
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 2 5 , 20 20
Honorable Sinton Soalablai
M inister of Education
Republic of Palau
P.O. Box 189
Koror , Palau 96940
Dear Minister Soalablai :
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 Educati on Act (IDEA). The
Department has determined that the Republic of Palau (ROP) needs intervention in implementing
the requirements of Part B of the IDEA. This determination is based on the totality of the ROP’s
data and information, including the Federal fiscal year (FFY) 2018 State Performance
Plan/Annual Performance Report (SPP/APR), other State - reported data, and other publicly
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 2020, as it did for determinations in 2019. 1
T he
ROP’s 2020 determination is based on the data reflected in the ROP’ s “2020 P art 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
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 t he Results Score; and
(5) The ROP’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 administer 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 us ing 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 - 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 making Part B determinations in 2020, 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 percentage of CWD who dropped out.
You may access the r esults of OSEP’s review of the ROP’s SPP/APR and other relevant data by
accessing the EMAPS SPP/APR reporting tool using your Entity - specific log - on information at
https://emaps.ed.gov/suite/ . When you access your Entity’s SPP/APR on the site, you will fin d,
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 noncompli ance 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 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) The ROP’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2020 Data Rubric Part B,” wh ich shows how OSEP calculated the
ROP’s “Timely and Accurate State - Reported Data” score 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 Palau ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix.
As noted above, and as further explained in enclosures to this letter, the Department has
determined that the ROP 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%. The ROP’s RD A Percentage is 45 % , primarily due to its
very low results score (0%) . Specifically, the ROP received a score of ‘0’ on the following results
elements: the average percentage of third through eighth grade children with disabilities
participating in regular Statewide assessments, the percentage of child ren with disabilities exiting
school by dropping out over the previous three years, and the percentage of children with
disabilities exiting school by graduating with a regular high school diploma over the previous
three years. In addition, the ROP receive d a score of ‘0’ for longstanding noncompliance because
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the Department has imposed a Specific Condition on the ROP’s last three IDEA Part B grant
awards and th e Specific Condition is in effect at the time of the 2020 determination.
We note here that OSEP w ill continue the Specific Condition on the ROP’ s FFY 2020 IDEA Part
B grant award related to ensuring that its policies and procedures meet the requirements
governing qualifications for special education teachers in section 612(a)(14)(C) of IDEA and 34
C . F . R . § 300.156(c). The specific reporting requirements and other required actions will be
described in OSEP’s FFY 20 20 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 s intervention” or “need substantial intervention” and does not agree with
this determination, may request an opportunity to meet with the Assistant Secretary to
demonstrate why the Department should c hange the Entity’s determination. To request a hearing,
submit a letter to Mark Schultz , Delegated the authority to perform the functions and duties of
the Assistant Secretary 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 Entity’s
determination.
As required by IDEA section 616(e)(7) and 34 C . F . R . § 300.606, you r Entity must notify the
public that the Secretary of Education has taken the above enforcement actions, including, at a
minimum, by posting a public notice on the Entity’s 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 , 20 20 .
OSEP appreciates the ROP’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 the ROP as it implements the fifth year of Phase III of the SSIP, which is due on April 1,
20 21 .
As a reminder , the ROP must make its SPP/APR available to the public by posting it on your
agency’s website. Within the u pcoming weeks , OSEP will be finalizing an Entity Profile that:
(1) incl udes the Entity’s determination letter and SPP/APR, OSEP attachments, and all Entity
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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OSE P appreciates the ROP’s efforts to improve results for children and youth with disabilities
and looks forward to working with the ROP ov er the next year as we continue our important
work of improving the lives of children with disabilities and their famili es. Please contact you
O SEP 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: Palau Director of Special Education
View File
2020 SPP/APR Submission PART B — Palau
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 >=14.00%30.00%30.00%4.00%Data14.29%25.00%33.33%33.33%70.00%TargetsFFY20182019Target >=7.10%70.10%Targets: Description of Stakeholder Input ROP stakeholders include the Ministry DateDescriptionData SY 2017-18 Cohorts for Regulatory Adjusted-Cohort Graduation10/02/2019Number of youth with IEPs graduating with a regular diploma1 SY 2017-1Number of youth with IEPs eligible to graduate6 SY 2017-18 Regulatory Adjusted C16.67%FFY 2018 SPP/APR DataNumber of youth with IEPs in the current year's adjusted cohort graduating with Graduation Conditions: There are two options for students with disabilities to gMeasurementOPTION 1:States must report a percentage using the number of youth wiFFY20132014201520162017Target =Overall95.00%95.00%MathA >=Overall95.00%95.00%Targets: Description of Stakeholder Input ROP stakeholders include the Ministry 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 FFY20132014201520162017AOveraAOverall30.56%Actual17.14%22.58%26.67%30.30%30.56%Historical Data: MathGroup GroAOverall2017Target >=10.00%1.00%20.00%30.00%AOverall34.38%Actual11.76%26.67%26.GroupGroup Name20182019ReadingA >=Overall35.00%35.00%MathA >=Overall35.00%35.00%Targets: Description of Stakeholder Input ROP stakeholders include the Ministry FFY 2018 SPP/APR Data: Reading AssessmentGroupGroup NameChildren with IEPs who rGroupGroup NameReasons for slippage, if applicableAOverallROP reported slippage for 3C in both reading and math. Stakeholders reviewed peChildren with IEPs who received a valid score and a proficiency was assignedNumbGroup NameReasons for slippage, if applicableAOverallROP reported slippage for 3Regulatory InformationThe SEA, (or, in the case of a district-wide assessment, LProvide additional information about this indicator (optional)ROP's correct FFY InstructionsIf the State has established a minimum n size requirement, the StateFFY20132014201520162017Target =DataTargetsFFY20182019Target >=FFY 2018 SPP/APR Data3.1(a) Number resolutions sessions resolved through settlem3.1 Number of resolutions sessionsFFY 2017 DataFFY 2018 TargetFFY 2018 DataStatunstructions and MeasurementMonitoring Priority: EffectiSourceDateDescriptionDataSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation ReqSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Req0SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Re2.1.b.i Mediations agreements not related to due process complaints0Select yes iTargets: Description of Stakeholder Input ROP stakeholders include the Ministry FFY20132014201520162017Target >=DataTargetsFFY20182019Target >=FFY 2018 SPP/APR Data2.1.a.i Mediation agreements related to due process complaiStatusSlippage000N/AN/AProvide additional information about this indicator (optiemic Improvement Plan EMBED Acrobat.Document.DC Cerobat.Document.DC ent.DC
(Grant Year 2018–2019 — Issued June 25, 2020)
How the department made determinations (Entities)
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Last modified on September 17, 2020