2021 SPP/APR and State Determination Letters PART B – Guam
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – Guam
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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 24, 2021
Honora ble Jon J.P. Fernandez
Superintendent of Education
Guam Department of Education
500 Mariner Avenue
Barrigada, Guam 96913
Dea r Superintendent Fernandez:
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 Guam needs assistance in implementing the requirements of Part
B of the IDEA . This determination is based on the totality of Guam’s data and information,
including the Federal fiscal yea r (FFY) 2019 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 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
Guam’s 2021 determination is based on the data
reflected in the Entity’s “2021 Part B Results-Driven 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 a dminister 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) .
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Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for each Entity and
co nsists 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 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 Disabilities Education Act in 2021:
Freely Assoc iated 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 Guam . 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 Guam ’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 Guam ’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 t he 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) Guam ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2021 Data Rubric Part B,” which shows how OSEP calculated
Guam ’s “Timely and Accurate State - Reported Data” score in the Compliance Matrix; and
(4) a document entitled “Dispute Resolution 2019 - 20 20,” which includes the IDEA section
618 data that OSEP used to calculate Guam ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix.
As noted above, Guam ’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 percentage is 80% or above but the Departm ent 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.
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Guam ’s determination for 2020 was also Ne eds 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 or 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 -level 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 Specific Conditions on the
State’s or Entity’s IDEA Part B grant award.
Pursuant to these requirements, the S ecretary is advising Guam 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 Guam to work with appropriate entities.
In addition, Guam should consider accessing technical assistance from other Department -funded
centers such as the Comprehensive Centers with resources at the foll owing link:
https://compcenternetwork.org/states . The Secretary directs Guam 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
Guam to access technical assistance related to those results elements and compliance indicators
for which Guam received a score of zero. Guam must report with its FF Y 2020 SPP/APR
submission, due February 1, 2022, on:
(1) the technical assistance sources from which Guam received assistance; and
(2) the actions Guam took as a result of that technical assistance.
As required by IDEA section 616(e)(7) and 34 C.F.R. § 300.606, Guam must notify the public
that the Secretary 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.
As a reminder, Guam must make its SPP/APR available to the public by posting it on its
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 al l 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.
States and Entitie s were required to submit Phase III Year Five of the SSIP by April 1, 2021.
OSEP appreciates Guam ’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 Guam as it implements the SSIP, which is due on February 1, 2022.
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OSEP appreciates Guam ’s efforts to improve results for children and youth with disabilities and
looks forward to working with Guam 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 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: Guam 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