2021 SPP/APR and State Determination Letters PART B – Palau
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – Palau
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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 Sinton Soalablai
Minister of Education
Republic of Palau
P.O. Box 189
Koror , Palau 96940
Dear Minister Soalablai :
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 Palau needs assistance in implementing the req uirements of Part
B of the IDEA. This determination is based on the totality of Palau ’s data and information,
including th e Federal fiscal year (FFY) 2019 State Performance Plan/Annual Performance
Report (SPP/APR), other Entity -reported data, and other pub licly available in formation.
With the FFY 2019 SPP/APR submission, the Office of Special Education Progr ams ( 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.
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 Palau ’s 2021 determination is b ased 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 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 2022 determination under IDEA section 616(d) .
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(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
comp liance 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 expl ained in a document, entitled “How the Department Made
Determinations under Section 616(d) of the Individuals with Di sabilities Education Act in 2021 :
Freely Associated States , O utlying Areas , and the Bureau of Indian Education -Part B ”
(HTDMD).
The specifics of the determination proced ures and criteria are set forth in the HTDMD and
reflected in the RDA Matrix for Palau . 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 Palau ’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 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 Respons e” and/or “Required Actions ” sections .
You will also find all of the following important documents saved as attachments:
(1) Palau ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2021 Data Rubric Part B,” which shows how OSEP calculated
Palau ’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 Palau ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix .
As noted above, Palau ’s 2021 determination is Needs Assistance. A State’s or Entity’s 2021
RDA Det ermination is Needs Assistance if the RDA Percentage is at least 6 0% 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 Department has imposed Specific Conditions
on the State’s or Entity’s last three IDEA Pa rt B grant awards (fo r FFYs 2018, 2019, and 2020 ),
and those Speci fic Conditions are i n effect at the time of the 2021 determination. While Palau ’s
RDA percentage is 50%, for 2021 determinations, the Department is issuing a determination of
“Needs Assistance” instead of “Needs Intervention” given that Palau ’s low RDA percentage is
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directly attributable to Palau’s FFY 2019 SPP/APR assessment data, which were directly
impacted by the COVID -19 pandemic as explained further below .
Specifically, Palau 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 C OVID -19 pandemic. Therefore, Palau was unable to report data on the participation of
children with disabilities in the general statewide assessment and this element of the Results
Matrix could not be scored. In addition, because Palau does not administer t he National
Assessment of Educational Progress, Palau could only be scored on the exiting data elements of
the Results Matrix. Therefore, its results matrix score of 0% is based on two elements whereas
the results component of Palau’s 2020 determination was based on four elements. Given th e
impact of the COVID -19 pandemic on Palau’s assessment data , including the effect on Palau’s
results score due to the lack of assessment data and NAEP data, OSEP is issuing its
determination for Palau to be “Needs Ass istance .”
The Department will continue the Specific Conditions on Palau’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.
States and Entities were required to submit Phase III Year Five of the SSIP by April 1 , 2021.
OSEP appreciates Palau ’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 Palau as it implements the SSIP, which is due on February 1,
2022.
As a reminder, Palau 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 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.
OSEP appreciates Palau ’s efforts to improve results for children and youth with disabilities and
looks forward to working with Palau over the next year as we continue our important work of
improvi ng 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 assist ance.
Sincerely,
David Cantrell, PhD
Acting Director
Of fice of Special Education Programs
cc: Palau Direc tor 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