2021 SPP/APR and State Determination Letters PART B – American Samoa
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – American Samoa
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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
NITE D STATE S D EPARTMENT OF EDUC ATION
O FFICE OF SPECIAL EDUC ATIO N AND REHABILIT ATIVE SERVICES
June 24, 2021
Honora ble Dr. Talauega Sa masoni Asaeli
Director
American Sa moa Department of Education
P.O. Box 2609
Pago Pago , American Samoa 96799
Dea r Director Dr . Asaeli:
I am writing to advise you of the U. S. Department of Education’s (Department) 2021
determination under section 616 of the Individuals with Disabilities Educati on Act (IDEA). The
Department has determined that American Samoa nee ds assistance in implementing the
requirements of Part B of the IDEA . This determination is based on the totality of American
Samoa’s data and information, including the Federal fiscal year (FFY) 2019 State Performance
Plan/Annual Performance Report (SPP/APR), other Entity-reported da ta, and other publicly
available information.
With the FFY 2019 SPP/APR submission,
the Office of Special Education Programs ( OSEP)
requested that States and Entities report whether and how the data collection for any indicator
was impacted by the COVID-19 pandemic. Specifically , OSEP requested that States and Entities
include in the narrative for each impacted indicator: (1) the impact on data completeness,
validity, and/or reliability for the indicator; (2) an explanation of how COVID-19 specifically
impacted the State’s or Entity’s ability to collect and verify the data for the indicator; and (3) any
steps the State or Entity took to mitigate the impact of COVID-19 on the data collection and
verification. OSEP appreciates States’ and Entities’ level of transparency regarding the impact of
COVID-19 on the data reported in the FFY 2019
SPP/APR. When making determination decisions for 2021, OSEP considered all information
submitted that related to the impact of the COVID-19 pandemic. For 2021 determinations, no
State or Entity received a determination of “Needs Intervention” due solely to data impacted by
COVID-19.
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
2021, as it did for determinations in 2020. 1
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 th e 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 2022 determination under IDEA
section 616(d) .
Page 2 — Chief State School Officer
American Samoa ’s 2021 determination is based on the data reflected in the Entity’s “2021 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 P ercentage based on both the Compliance Score and the Results Score; and
(5) the Entity’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 Disabiliti es Education Act in 202 1 :
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 American Samoa . In making Part B determinations in 2021,
OSEP used results data related to:
(1) the percentage of CWD who graduated with a regular high school diploma; and
(2) the percentage of CWD who dropped out.
You may access the results of OSEP’s review of American Samoa ’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 American Samoa ’s SPP/APR on the
site, you will find, in applicable Indicators 1 t hrough 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
the “Required Actions” section of the indicator.
It is important for you to review the Introduction t o 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) American Samoa ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet e ntitled “2021 Data Rubric Part B,” which shows how OSEP calculated
American Samoa ’s “Timely and Accurate State - Reported Data” score in the Compliance
Matrix; and
(4) a document entitled “Dispute Resolution 2019 - 2020,” which includes the IDEA section
618 data t hat OSEP used to calculate American Samoa ’s “Timely State Complaint
Decisions” and “Timely Due Process Hearing Decisions” scores in the Compliance
Matrix.
As noted above, American Samoa ’s 2021 determination is Needs Assistance. A State’s or Entity’s
2021 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
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Determination percentage is 80% or above but the Department has imposed Specific Conditions
on the State’s or Entity’s last three IDEA Part B grant awards (for FFYs 201 8 , 201 9 , and 20 20 ),
and those Specific Conditions are in effect at the time of the 202 1 determination .
American Samoa ’s determination for 2020 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 o r more of the following
actions:
(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 - l evel 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 Spec ific Conditions on the
State’s or Entity’s IDEA Part B grant award.
Pursuant to these requirements, the S ecretary is advising American Samoa of available sources of
technical assistance, including OSEP - funded technical assistance centers and resources at the
following website: https://osep.communities.ed.gov , and requiring American Samoa to work with
appropriate entities. In addition, American Samoa should consider accessing technical assistance
from other Department - funded centers such as the Comprehensive Cent ers with resources at the
following link: https://compcenternetwork.org/states . The Secretary directs American Samoa to
determine the results elements and/or compliance indicators, and improvement strate gies, on
which it will focus its use of available technical assistance, in order to improve its performance.
We strongly encourage American Samoa to access technical assistance related to those results
elements and compliance indicators for which American Samoa received a score of zero.
American Samoa must report with its FFY 2020 SPP/APR submission, due February 1, 2022, on:
(1) the technical assistance sources from which American Samoa received assistance; and
(2) the actions American Samoa took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, American Samoa must notify
the public that the Secretary of Education has taken the above enforcement actions, including, at
a minimum, by postin g 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 Five of the SSIP by April 1, 2021.
OSEP appreciates American Samoa ’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
provide technical assistance to A merican Samoa as it implements the SSIP, which is due on
February 1, 2022 .
As a reminder, American Samoa must make its SPP/APR available to the public by posting it on
it’s agency’s website. Within the upcoming weeks, OSEP will be finalizing an Entity Pr ofile that:
(1) includes the En t ity ’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
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(2) will be accessible to the public via the ed.gov web site.
OSEP appreciates American Samoa ’s efforts to improve results for children and youth with
disabilities and looks forward to working with American Samoa over the next year as we
continue our important work of improving the lives of children with disabi lities 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,
David Cantrell, PhD
Acting Director
Office of Special Education Programs
cc: American Samoa Director of Special Education
(Grant Year 2019–2020 — Issued June 24, 2021)
How the department made determinations
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Last modified on August 10, 2021