2020 SPP/APR and State Determination Letters PART B — Vermont
OSEP Response to SPP/APR
PDF2020 SPP/APR Submission PART B — Vermont
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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 2 5 , 20 20
Honorable Daniel French, Ed.D.
Secretary
Vermont Agency of Education
1 National Life Drive, Davis 5
Montpelier , Vermont 05620
Dear Secretary French :
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 Vermont needs intervention 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 the Federal fiscal year (FFY) 2018 State Performance Plan/Annual
Performance Report (SPP/APR), other State - reported data, and ot her publicly available
information.
Your State’s 2020 determination is based on the data 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 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 State’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 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 HTDMD 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:
(1) the participation of children with disabilities (CWD) on regular Statewide assessments;
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(2) the participation and performance 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 diplo ma; and
(4) the percentage of CWD who drop ped out.
You may access 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) a ctions 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 include
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 docum ent;
(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 s ection
618 data that OSEP used to calculate the State’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, and as further explained in the enclosures to this letter, the Department has
determined that Vermont needs intervention in implementing the requirements of Part B of
IDEA. The Department identifies a State as needing intervention under IDEA Part B if its RDA
Percentage is less than 60%. Vermont ’s RDA Percentage is 54.86% due to its low score s on
certain results elements and its low performance on Compliance Indicator 13 (Secondary
transition) (71.25%) and on Timely State Complaint Decisions (60%) . Specifically, Vermont
received a score of ‘0’ on the following results elem ents : the participation rates of fourth and
eight h grade children with disabilities on regular Statewide assessments , the percentage of fourth
grade children with disabilities scoring at basic or above on the NAEP in reading , the percentage
of children with disabilities exiting school by dropping out , and the percentage of children with
disabilities exiting school by graduating with a regular high school diploma .
Pursuant to section 616(d)(2) (B) of the IDEA and 34 C.F.R. § 300.603(b)(2), a State that is
determined to be “needs intervention” or “needs substantial intervention” and does not agree
with this determination, may request an opportunity to meet with the Assistant Secretary to
demonstr ate why the Department should change the State’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
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this letter. The letter must include the basis for your request for a change in your State’s
determination.
States were r equired to submit Phase II I Year Four of the State Systemic Improvement Plan
( 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 re sponded 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 Phase 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 the targets in the SPP/APR as soon as practicable, bu t 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 the 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 o n 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 Reha bilitation Act
of 1973 ; and
(2) will be accessible to the public via the ed.gov website.
OSEP appreciates the State’s efforts to improve results for children and youth with disabilities
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 thei r families. Please contact your
OSEP State Lead i f 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: State Director of Sp ecial Education
View File
2020 SPP/APR Submission PART B — Vermont
State Performance Plan / Annual Performance Report:Part BforSTATE FORMULA GRANT PProvide sufficient detail to ensure that the Secretary aHow and where the State reported to the public on the FFY17 performance of each LData SourceSame data as used for reporting to the Department of Education (DepartFFY20132014201520162017Target >=86.00%86.00%86.00%86.00%86.00%Data79.63%70.26%79.85%80.77%82.14%TargetsFFY20182019Target >=86.00%86.00%Targets: Description of Stakeholder Input Vermont will extend targets through fedSourceDateDescriptionData SY 2017-18 Cohorts for Regulatory Adjusted-Cohort Graduation Rate (EDFacts file 10/02/2019Number of youth with IEPs eligible to graduate1,014 SY 2017-18 RegulatoRegulatory four-year adjusted-cohort graduation rate table79.88%FFY 2018 SPP/APR Number of youth with IEPs in the current year's adjusted cohort graduating with aProvide a narrative that describes the conditions youth must meet in order to graOPTION 1:Same data as used for reporting to the Department under section 618 of tFFY20132014201520162017Target =Overall99.25%99.25%MathA >=Overall99.25%99.25%Targets: Description of Stakeholder Input Vermont will extend targets through fedFFY 2018 Data Disaggregation from EDFactsInclude the disaggregated data in your fa. Children with IEPsb. IEPs in regular assessment with no accommodationsc. IEPs in regular assessment with accommodationsf. IEPs in alternate assessment Data Source: SY 2018-19 Assessment Data Groups - Math (EDFacts file spec FS185; b. IEPs in regular assessment with no accommodationsc. IEPs in regular assessmentf. IEPs in alternate assessment against alternate standardsFFY 2018 SPP/APR Data:GroupGroup NameNumber of Children with IEPsNumber of Children with IEPs ParticipaFFY 2018 SPP/APR Data: Math AssessmentGroupGroup NameNumber of Children with IEPsThe SEA, (or, in the case of a district-wide assessment, LEA) must make availableA. Indicator 3A ReservedB. Participation rate for children with IEPsC. Proficie4Grade 5Grade 6Grade 7Grade 8Grade 9Grade 10Grade 11Grade 12HSAOverallXXXXXXXXXXXHistorical Data: Reading GroupGroup NameBaseline FFY20132014201520162017AOvera12.15%12.20%AOverall12.13%Actual22.97%12.13%14.16%13.31%NVRHistorical Data: MathGAOverall2014Target >=25.00%7.21%7.21%7.25%7.30%AOverall7.21%Actual17.14%7.21%9.25GroupGroup Name20182019ReadingA >=Overall12.25%12.25%MathA >=Overall7.35%7.35%Targets: Description of Stakeholder Input Vermont will extend targets through fedFFY 2018 Data Disaggregation from EDFactsInclude the disaggregated data in your fa. Children with IEPs who received a valid score and a proficiency was assignedb.c. IEPs in regular assessment with accommodations scored at or above proficient aData Source: SY 2018-19 Assessment Data Groups - Math (EDFacts file spec FS175; b. IEPs in regular assessment with no accommodations scored at or above proficienf. IEPs in alternate assessment against alternate standards scored at or above prGroupGroup NameChildren with IEPs who received a valid score and a proficiency waGroupGroup NameChildren with IEPs who received a valid score and a proficiency waThe SEA, (or, in the case of a district-wide assessment, LEA) must make availableMonitoring Priority: FAPE in the LREResults Indicator: Rates of suspension and ex20051.67%FFY20132014201520162017Target =60.00%60.00%60.00%6.00%60.00%Data100.00%100.00%100.00%0.0%11.11%TargetsFFY20182019Target >=60.00%60.00%FFY 2018 SPP/APR Data3.1(a) Number resolutions sessions resolved thro3.1 Number of resolutions sessionsFFY 2017 DataFFY 2018 TargetFFY 2018 DataStatusnstructions and MeasurementMonitoring Priority: EffectivSourceDateDescriptionDataSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation RequSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Requ2SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Req2.1.b.i Mediations agreements not related to due process complaints16Select yes iTargets: Description of Stakeholder Input Vermont will extend targets through fedFFY20132014201520162017Target >=82.00%82.00%82.00%82.00%82.00%Data76.00%83.33%70.00%91.67%70.83%TargetsFFY20182019Target >=82.00%82.00%FFY 2018 SPP/APR Data2.1.a.i Mediation agreements related to due process complainStatusSlippage2162870.83%82.0%64.29%Did Not Meet TargetSlippageProvide reasons f16 - Required ActionsIndicator 17: State Systemic Improvement Plan Phase III, YeJacqueline KelleherTitle: State Director of Special EducationEmail: jacqui.kelleh55Part B
(Grant Year 2018–2019 — Issued June 25, 2020)
How the department made determinations
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Last modified on September 17, 2020