2020 SPP/APR and State Determination Letters PART B — Virgin Islands
OSEP Response to SPP/APR
PDF2020 SPP/APR Submission PART B — Virgin Islands
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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 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 Racquel Berry - Benj amin
Commissioner of Education
Virgin Islands Department of Education
1834 Kongens Gade
St. Thomas , Virgin Islands 00802
Dear Commissioner Berry - Benjamin :
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 the Virgin Islands needs intervention in imple menting the
requirements of Part B of the IDEA. This determination is based on the totality of the Virgin
Islands ’ 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 In dian Education (the Entities) in 2020, as it did for determinations in 2019. 1
The
Virgin Islands ’ 2020 determination is based on the data reflected in the Virgin Islands ’ “2020 Part
B Results - Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is i ndividualized 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 Perc entage based on both the Compliance Score and the Results Score; and
(5) the Virgin Islands ’ 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 using the
NAEP data in making the BIE’s 2021 determination under IDEA section 616(d) .
Page 2 — Chief State School Officer
The RDA Matrix is further explained in a document, entitled “How the Department Made
Determinations under Section 616(d) of the Individuals with Disab ilities 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 the Virgi n Islands . 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 dipl oma; and
(3) the percentage of CWD who dropped out.
You may access the results of OSEP’s review of the Virgin Islands ’ SPP/APR and other relevant
data by accessing the EMAPS SPP/APR reporting tool using your Entity - specific log - on
information at https://emap s.ed.gov/suite/ . When you access your Entity’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 tak e 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 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 Virgin Islan ds ’ RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2020 Data Rubric Part B,” which shows how OSEP calculated the
Virgin Islands ’ “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 the Virgin Islands ’ “Timely State Complaint
Decisions” and “Timely Due Process Hearing Decisions” scores in the Compliance
Matrix.
As n oted above, and as further explained in the enclosures to this letter, the Department has
determined that the Virgin Islands needs intervention in implementing the requirements of Part B
of IDEA. The Department identifies a State or Entity as needing inter vention under IDEA Part B
if its RDA Percentage is less than 60%. The Virgin Islands ’ RD A Percentage is 52.5% primarily
due to its very low results score (0%) . Specifically, the Virgin Islands 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 children with
dis abilities exiting school by dropping out over the previous three years, and the percentage of
Page 3 — Chief State School Officer
children with disabilities exiting school by graduating with a regular high school diploma over
the previous three years. In addition, the Virgin Islands received a score of ‘0’ for longstanding
noncompliance b ecause the Department has imposed S pecific C onditions on the Virgin Islands’
last three IDEA Part B grant awards (a s part of the Departmentwide Specific Conditions imposed
on all Departmental grants awarded t o the Virgin Islands) and those Specific Conditions are in
effect at the time of the 2020 determination .
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 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 change the Entity’s determination. To request a hearing,
submit a letter to Mark Schultz , De legated 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.
States and Entities were required to subm it Phase III Year Four of the SSIP by April 1 , 20 20 .
OSEP appreciates the Virgin Islands ’ 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 provi de additional feedback in the upcoming weeks. Additionally, OSEP will continue to
work with the Virgin Islands as it implements the fifth year of Phase III of the SSIP, which is due
on April 1, 20 21 .
As a reminder, the Virgin Islands must report annually to the public, by posting on your agency’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, but no later than 120 days after the Virgin Islands’
submission of its FFY 2018 SPP/APR. In addition, the Virgin Islands must:
(1) review LEA performance against targets in the Virgin Islands’ SPP/APR;
(2) determine if each LEA “meets the requirements” of Part B, or “needs assistance,” “needs
intervention,” or “needs substantial inter vention” in implementing Part B of the IDEA ;
(3) take appropriate enforcement action; and
(4) inform each LEA of its determination.
Further, the Virgin Islands must make its SPP/APR available to the public by posting it on your
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 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 Virgin Islands ’ efforts to improve results for children and youth with
disabilities and looks forward to working with the Virgin Islands ov er 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 technical assistance.
Sincerely,
Laurie VanderPloeg
Director
Office of Special Education Programs
cc: Virgin Islands Director of Special Education
View File
2020 SPP/APR Submission PART B — Virgin Islands
State Performance Plan / Annual Performance Report:Part BforSTATE FORMULA GRANT PROGRAProvide sufficient detail to ensure that the Secretary and thHow and where the State reported to the public on the FFY17 performance of each LEA loSame data as used for reporting to the Department of Education (Department) under TitlFFY20132014201520162017Target >=29.00%32.00%35.00%38.00%41.00%Data47.79%41.49%48.39%52.58%53.21%TargetsFFY20182019Target >=44.00%Targets: Description of Stakeholder Input The Virgin Islands Advisory Panel for SpeciaSourceDateDescriptionData SY 2017-18 Cohorts for Regulatory Adjusted-Cohort Graduation Rate (EDFacts file spec 10/02/2019Number of youth with IEPs eligible to graduate107 SY 2017-18 Regulatory AdjuRegulatory four-year adjusted-cohort graduation rate table49.53%FFY 2018 SPP/APR DataNumber of youth with IEPs in the current year's adjusted cohort graduating with a reguProvide additional information about this indicator (optional)The VIDE/SOSE used the FOPTION 2:Use same data source and measurement that the State used to report in its FFYFFY20132014201520162017Target =Overall96.50%MathA >=Overall96.50%Targets: Description of Stakeholder Input The Virgin Islands Advisory Panel for SpeciaFFY 2018 Data Disaggregation from EDFactsInclude the disaggregated data in your final a. Children with IEPs51616463706968b. IEPs in regular assessment with no accommodationc. IEPs in regular assessment with accommodations10182518202112f. IEPs in alternate asData Source: SY 2018-19 Assessment Data Groups - Math (EDFacts file spec FS185; Data 6463707167b. IEPs in regular assessment with no accommodations21332736343536c. IEPs in2418191912f. IEPs in alternate assessment against alternate standards12911810918FFY 20GroupGroup NameNumber of Children with IEPsNumber of Children with IEPs ParticipatingFFFY 2018 SPP/APR Data: Math AssessmentGroupGroup NameNumber of Children with IEPsNumbeThe SEA, (or, in the case of a district-wide assessment, LEA) must make available to tC. Proficiency rate for children with IEPs against grade level and alternate academic 5Grade 6Grade 7Grade 8Grade 9Grade 10Grade 11Grade 12HSAOverallXXXXXXXXXXXHistorical Data: Reading GroupGroup NameBaseline FFY20132014201520162017AOverall2008TAOverall11.64%Actual14.29%8.68%10.97%92.10%Historical Data: MathGroup Group NameBaseliAOverall2008Target >=52.90%52.90%52.90%52.90%52.90%AOverall19.90%Actual23.86%7.77%7.94GroupGroup Name20182019ReadingA >=Overall54.50%MathA >=Overall52.90%Targets: Description of Stakeholder Input The Virgin Islands Advisory Panel for SpeciaFFY 2018 Data Disaggregation from EDFactsInclude the disaggregated data in your final a. Children with IEPs who received a valid score and a proficiency was assigned4359636c. IEPs in regular assessment with accommodations scored at or above proficient againsData Source: SY 2018-19 Assessment Data Groups - Math (EDFacts file spec FS175; Data 6262636366b. IEPs in regular assessment with no accommodations scored at or above prof2418191912f. IEPs in alternate assessment against alternate standards scored at or aboGroupGroup NameChildren with IEPs who received a valid score and a proficiency was assGroupGroup NameChildren with IEPs who received a valid score and a proficiency was assThe SEA, (or, in the case of a district-wide assessment, LEA) must make available to t(20 U.S.C. 1416(a)(3)(A); 1412(a)(22))Data SourceState discipline data, including StatFFY20132014201520162017Target =60.00%60B59.00%Data54.37%46.99%68.83%68.97%73.53%C2009Target >=81.00%81.00%81.00%81.50%81.50%C77.67%87.95%83.12%82.76%82.35%FFY 2018 TargetsFFY20182019Target A >=25.00%Target B >=62.00%Target C >=82.00%Targets: Description of Stakeholder Input The Virgin Islands Advisory Panel for Specia651. Number of respondent youth who enrolled in higher education within one year of le2. Number of respondent youth who competitively employed within one year of leaving hi3. Number of respondent youth enrolled in some other postsecondary education or traini4. Number of respondent youth who are in some other employment within one year of leavNumber of respondent youthNumber of respondent youth who are no longer in secondary sc176523.53%25.00%26.15%Met TargetNo SlippageB. Enrolled in higher education or competitPlease select the reporting option your State is using: Option 1: Use the same definitWas 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 representatiProvide additional information about this indicator (optional)During FFY2018, the VIDE SessionsInstructions and MeasurementMonitoring Priority: EffSourceDateDescriptionDataSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section C: Due Process ComplaiSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section C: Due Process Complai1Select yes if the data reported in this indicator are not the same as the State's datThe Virgin Islands Advisory Panel for Special Education (VIAPSE) is the primary stakehFFY20132014201520162017Target >=80.00%85.00%Data100.00%100.00%100.00%TargetsFFY20182019Target >=FFY 2018 SPP/APR Data3.1(a) Number resolutions sessions resolved through settlement ag3.1 Number of resolutions sessionsFFY 2017 DataFFY 2018 TargetFFY 2018 DataStatusSlippnstructions and MeasurementMonitoring Priority: Effective GenSourceDateDescriptionDataSY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Requests1SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Requests10SY 2018-19 EMAPS IDEA Part B Dispute Resolution Survey; Section B: Mediation Requests2.1.b.i Mediations agreements not related to due process complaints0Select yes if the Targets: Description of Stakeholder Input The Virgin Islands Advisory Panel for SpeciaFFY20132014201520162017Target >=85.00%90.00%DataTargetsFFY20182019Target >=FFY 2018 SPP/APR Data2.1.a.i Mediation agreements related to due process complaints2.1StatusSlippage000N/AN/AProvide additional information about this indicator (optional)Semic Improvement Plan ent.DC 04/30/20 3:59:36 PM ED Attachments EMBED Acrobat.Document.DC Acrobat.Do
(Grant Year 2018–2019 — Issued June 25, 2020)
How the department made determinations (Entities)
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Last modified on September 17, 2020