2021 SPP/APR and State Determination Letters PART B – DC
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – DC
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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 , 2021
Honorable Christina Young
Acting State Superintendent of Education
Office of the State Superintendent of Education
1050 First Street Northeast
Washington , District of Columbia 20002
Dear Acting State Superintendent Young :
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 Education Act (IDEA). The
Department has determined that District of Columbia needs assistance 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 th e Federal fiscal year (FFY) 2019 State Performance
Plan/Annual Performance Repor t (SPP/APR), other State -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 impa ct 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 t o 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 2 021, 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.
Your State’s 2021 dete rmination is based on the dat a reflected in the State’s “2021 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 Result s Elements ;
(3) a Compliance Score and a Results Score ;
(4) an RDA Percentage based on both the Compliance Score and the Results Score ; and
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(5) the State’s Determination.
The RDA Matrix is further explained in a document, entitled “How the Department Made
Determinati ons under Section 616(d) of the Individuals with Di sabilities Education Act in 2021 :
Part B ” (HTDMD).
OSEP is continuing to use both results data and compliance data in making determinations in
2021 , as it did for Part B determinations in 201 4-2020 . (The s pecifics 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 2021 , OSEP continued to use results data related to:
(1) the participation and performance of CWD on the most recently administered (school
year 201 8-201 9) National Assessment of Educational Progress (NAEP) 1;
(2) the percentage of CWD who graduated with a regular high school diploma; and
(3) the percentage of CWD who drop ped out.
You may access the res ults 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 the “Re quired 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 docum ents saved as attachments:
(1) the State’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2021 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 entitled “Dispute Resolution 2019 -2020 ,” which includes the IDEA section
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, the State’s 2021 determination is Needs Assistance. A State’s 2021 RDA
Det ermination is Needs Assistance if the RDA Percentage is at least 6 0% but less than 80%. A
State’s determination would also be Needs Assistance if its RDA Determination percentage is
80% or above but the Department has imposed Specific Conditions on the State’s last three
IDEA Pa rt B grant awards (for FFYs 2018, 2019, and 2020 ), and those Speci fic Conditions are
in effect at the time of the 2021 determination. While the District of Columbia ’s RDA percentage
is 45.63 %, for 2021 determinations, the Departm ent is issuing a determination of “Needs
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 the BIE is the only
Entity that administers 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).
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Assistance” instead of “Needs Intervention” given that the District of Columbia’s low RDA
percentage is directly attributable to the District of Columbia’s FFY 2019 SPP/APR assessment
data and compliance data under Indicator 11 (timely initial evaluation s), which were directly
impacted by the COVID -19 pandemic as explained further below .
Specifically, the District of Columbia 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 201 9 as a result of the COVID -19 pandemic . Therefore, the District of Columbia was
unable to report data on the participation of children with disabilities in the general statewide
ass essment and this element of the Results Matrix could not be scored. Further, t he District of
Columbia received score of zero for Ind icator 11 (timely initial evaluations ) on the Compliance
Matrix. The District of Columbia provided information regarding the impact of the COVID -19
pandemic in its explanation of its data under Indicator 11. Specifically, the District of Columbia
reported the public health emergency, resulting school closures in March of 2020, and the shift to
remote instruction and service del ivery impacted its performance on th is SPP/APR indicator
Given th e impact of the COVID -19 pandemic on the District of Columbia’s assessment data , and
compliance data under Indicator 11 , OSEP is issuing its determination for the District of
Columbia to be “Needs Assistance .”
The Department will continue the Specific Conditions on the District of Columbia’s FFY 2021
IDEA Part B grant award. The specific reporting requirements and other required actions will be
described in OSEP’s FFY 2021 IDEA Part B grant award documents.
The State’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 is determined to need assistance for
two consecutive years, the Secretary must take one or mo re of the following actions:
(1) advise the State of available sources of technical assistance that may help the State
address the areas in which the State needs assistance and require the State to work with
appropriate entities;
(2) direct the use of State -level funds on the area or areas i n which the State needs assistance;
or
(3) identify the State as a high -risk grantee and impose Specific Conditions on the State’s
IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising the State of available sources of
technical a ssistance, including OSEP -funded technical assistance centers and resources at the
following website: https://osep.communities.ed.gov , and requiring the State to work with
appropriate entities. In addition, t he State should consider accessing technical assistance from
other Department -funded centers such as the Comprehensive Centers with resources at the
following link: https://com pcenternetwork.org/states . The Secretary directs the State to
determine the results elements and/or compliance indicators, and improvement strategies, on
which it will focus its use of available technical assistance, in order to improve its performance.
We strongly encourage the State to access technical assistance related to those results elements
and compliance indicators for which the State received a score of zero. Your State must report
with its FFY 20 20 SPP/APR submission, due February 1, 202 2, on:
(1) the technical assistance sources from which the State received assistance; and
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(2) the actions the State took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C .F.R. § 300.606, your State must notify the
public that the Se cretary of Education has taken the above enforcement actions, including, at a
minimum, by posting a public notice on its website and distributing the notice to the media and
through public agencies.
States were required to submit Phase II I Year Five of the SSIP by April 1, 2021 . 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 responded to your submission and will provide
additional feedback in the upcomin g weeks. Additionally, OSEP will continue to provide
technical assistance to your State as it implements the SSIP, which is due on February 1, 2022 .
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 2019 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 con tinue 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: State 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