2021 SPP/APR and State Determination Letters PART B – Bureau of Indian Education
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – Bureau of Indian Education
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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.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 24, 20 21
Honorable Tony L. Dearman
Director
Bureau of Indian Education
1849 C Street, NW
Washington, DC 20240
Dear Director Dearman:
I am writing to advise you of the U. S. Department of Education ’s (Department) 202 1
determination under section 616 of the Individuals with Disabilities Education Act (IDEA). The
Department has determined that the Bureau of Indian Education (BIE) needs assistance in
implementing the requirements of Part B of the IDEA . This determination is based on the totality
of the BIE’s data and information, including th e Federal fiscal year (FFY) 201 9 State
Performance Plan/Annual Performance Report (SPP/APR), other Entity -reported data, 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 C OVID -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 determinat ions for
outlying areas, freely associated States , and the Bureau of Indian Education (the Entities) in
202 1, as it did for determinations in 20 20 .1 The BIE’s 20 21 determination is based on the dat a
reflected in the Entity’s “202 1 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
comp liance factors;
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 Entit ies) since 2014. Although the BIE is the only
Entity 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 202 2 determination under IDEA section 616(d) .
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(2) a Results Matrix that includes scoring on Resul ts 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.
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 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 the BIE . In making Part B determinations in 202 1, 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 drop ped out.
You may access the results of OSEP’s review of the BIE’s SPP/APR and other relevant data by
accessing the EMAPS SPP/APR reporting t ool using your Entity -specific log -on inform ation at
https://emaps.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 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 BIE’s RDA Matrix;
(2) the HTDMD document; and
(3) a spreadsheet entitled “ 202 1 Data Rubric Part B,” which shows how OSEP calculated the
BIE’s “Timely and Accurate State -Reported Data” score in the Compliance Matrix .
As noted above, the BIE’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
Determination p ercentage 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 2018, 2019, and 2020),
and those Specific Conditions are in effect at the time of the 2021 determination. While the
BIE ’s RDA percentage is 32.5% , for 2021 determinations, the Department is issuing a
determination of “Needs Assistance” instead of Needs Intervention” given that the BIE’s low
RDA percentage is directly attributable to the BIE’s FFY 2019 SPP/APR assessment data and
compliance data under Indicator 11 (timely initial evaluation) , which were both directly
impacted by the COVID -19 pandemic as explained further below .
Specifically, the BIE was unable to collect valid and reliable assessment data because it was not
able to administer its reading/language arts and mathematics assessments in FFY 2019 as a result
of the COVID -19 p andemic. Therefore, the BIE was unable to report data on the participation of
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children with disabilities in the general statewide assessment , and this element of the Results
Matrix could not be scored. In addition, because OSEP does not use the National Assessment of
Educational Progress (NAEP) data in making the BIE’s determinations (see footnote 1) , the BIE
could only be scored on the exiting data elements of the Results Matrix. Therefore, its results
matrix score of 25 % is based on two element s , whereas the results component of the BIE’s 2020
determination was based on four elements. Further, the BIE received a score of one for Indicator
11 on the Compliance Matrix, and the BIE provided information regarding the impact of the
COVID - 19 pandemic in its explanation of its timely initial evaluation data under Indicator 11 .
Specifically, the BIE reported that, due to COVID - 19, it could not obtain data from 24 schools
because of school staff ’s lack of computers for access to the Nati ve Americ an Student
Information System and lack of reliable Internet access, teacher turnover, tribal executive orders,
school closures, and the passing of several special education staff members due to COVID - 19.
Given the impact of the COVID - 19 pandemic on the BIE’s Indicator 11 data and assessment
data , including the effect on the BIE’s results score due to the lack of assessment data and NAEP
data, OSEP is issuing its determination for the BIE to be “ N eeds A ssistance.”
The BIE ’ s IDEA Part B grant award has been under S pecific C onditions from FFY 2007 through
FFY 2020. Under the S pecific C onditions on the BIE’s FFY 2020 IDEA Part B grant award , the
BIE was required to submit a corrective action plan ( CAP ) and quarterly progress reports that
address the steps the BIE will take to: (1) implement a fiscal monitoring system to ensure that
BIE - operated schools and tribally - operated schools are ensuring the appropriate use of IDEA
Part B funds; (2) develop and i mplement procedures to ensure that the BIE will publicly report
on the assessment of children with disabilities in the same manner and frequency as it reports on
the assessment of children without disabilities, as required under 34 C.F.R. § 300.160(f); (3)
develop and implement a corrective action plan that addresses the actions the BIE will take to
address the noncompliance with secondary transition requirements in IDEA section
614(d)(1)(A)(i)(VIII) and 34 C.F.R. §§ 300.320(b) and 300.321(b) and improve th e accuracy of
the secondary transition data; and (4) ensure that all students with disabilities enrolled in San
Felipe Pueblo Elementary School and other BIE - funded schools received related services in
accordance with their individualized education program s (IEPs) and any compensatory services
determined necessary by the IEP Teams, as required by IDEA section 612(a)(1) and 34 C.F.R.
§§ 300.320 and 300.323(c)(2), and that all initial evaluations are conducted within 60 days of
receiving parental consent for the evaluation in accordance with 34 C.F.R. § 300.301(c)(1).
OSEP will continue to impose Specific Conditions on the BIE’s FFY 2021 IDEA Part B grant
award because the BIE failed to complete all of the corrective actions contained in Section C of
the 2020 - 2021 CAP . The specific reporting requirements and other required actions will be
described in OSEP’s FFY 2021 IDEA Part B grant award documents.
States and Entities were required to submit Phase II I Year Five of the SSIP by Ap ril 1 , 202 1 .
OSEP appreciates the BIE’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 with the BIE as it implements the SSIP, which is due on February 1 ,
20 2 2 .
As a reminder, the BIE must report annually to the public, by posting on its agency’s webs ite, the
performance of each school funded by t he BIE on the targets in the SPP/APR as soon as
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practicable, but no later than 120 days after the BIE’s submission of its FFY 201 9 SPP/APR. In
addition, the BIE must:
(1) review school performance against targets in the BIE’s SPP/APR;
(2) determine if each school “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 enforcem ent action; and
(4) inform each school of its determination.
Further , the BIE must make its SPP/APR available to the public by pos ting it on its agency’s
web site. 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 acces sible to the public via the ed.gov website.
OSEP appreciates the BIE ’s efforts to improve results for children and youth with disabilities
and looks forward to working with BIE 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 i f 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: Dr. Eugene Thompson, 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