2021 SPP/APR and State Determination Letters PART B – Puerto Rico
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – Puerto Rico
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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, 202 1
Honorable Eli ezer Ramos Parez
Interim Secretary of Education
Puerto Rico Department of Education
P.O. Box 190759
San Juan , Puerto Rico 00919
Dear Int erim Secretary Parez :
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 Puerto Rico needs assistance in implementing t he requirements
of Part B of the IDEA . This determination is based on the totality of the Puerto Rico ’s data and
information, including th e Federal fiscal year (FFY) 201 9 State Performance Plan/Annual
Performance Report (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 repor t 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 subm itted 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.
Puerto Rico ’s 20 21 determination is based on the dat a reflected in the State’s “ 202 1 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 M atrix 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 State’s Determination.
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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 20 21 :
Part B ” (HTDMD).
OSEP is continuing to use both results data and compliance data in making determinations in
202 1, as it did for Part B determinations in 201 4-2020 . (The specifics of the determination
procedures and criteria are set forth in the HTDMD and reflected in the RDA Matrix for Puerto
Rico .) In maki ng Part B determinations in 202 1, 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 results of OSEP’s review of Puerto Rico ’s SPP/APR and other relevant data
by accessing the EMAPS SPP/APR reporting t ool using your specific log -on information at
https://emaps.ed.gov/suite/ . When you access Puerto Rico ’s SPP/APR on the site, you will find ,
in Indicators 1 through 16, the OSEP Respo nse to the indicator and any actions that Puerto Rico
is required to take. The actions that Puerto Rico 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 State’s RD A Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “ 202 1 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 e ntitled “Dispute Resolution 20 19-20 20 ,” 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, Puerto Rico ’s 2021 determination is Needs As sistance. 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 t he 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. While Puerto
Rico ’s RDA percentage is 51.79 %, for 2021 determination s, the Department is issuing a
det ermination of “Needs Assistance” instead of “Needs Intervention” given that Puerto Rico’s
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 unde r IDEA section 616(d).
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low RDA percentage is directly attributable to Puerto Rico’s FFY 2019 SPP/APR ass essment
data , which were directly impacted by the COVID -19 pandemic as explained further below .
Specifically, Puerto Rico 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 pandemic. Therefore, Puerto Rico 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 Puerto Rico does not administer the
National Assessment of Educational Progress (NAEP) , Puerto Rico could only be scored on the
exiting data elements of the Results Matrix. Therefore, its results matrix score of 25% is based
on two elements whereas the results component of Puerto Rico’s 2020 determination was based
on six elements . Given th e impact of the COVID -19 pandemic on Puerto Rico’s assessment data ,
including the effect on Puerto Rico ’s results score due to the lack of assessment data and NAEP
data , OSEP is issuing its determination for Puerto Rico to be “ Needs Assistance .”
OSEP will continue to impose Specific Conditions on Puerto Rico's FFY 2021 IDEA Part B
grant award programmatic and Department -wide Specific Conditions to ensure that Department
grant awards are expended by the Puerto Rico Department of Education in a ccordance with
applicable legal requirements; appropriate fiscal accountability measures and management
practices and controls; and ensure continued progress in meeting the programmatic requirements
of Part B of the IDEA. The specific reporting requirement s and other required actions will be
described in OSEP’s FFY 2021 IDEA Part B grant award documents.
Puerto Rico ’s determination for 20 20 was also N ee ds A ssistance. 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 assist ance and require the State to work with
appropriate entities;
(2) direct the use of State -level funds on the area or areas in 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 Puerto Rico of available sources of
technical assistance, including OSEP -funded technical assistance centers and resources at the
following web site: https://osep.communities.ed.gov , and requiring Puerto Rico to work with
appropriate entities. In addition, Puerto Rico should consider accessing technical assistance from
other Department -funded centers such as the Comprehensive Cen ters with resources at the
following link: https://compcenternetwork.org/states . The Secretary directs Puerto Rico to
determine the results elements and/or compliance indicator s, and improvement strategies, on
which it will focus its use of available technical assistance, in order to improve its performance.
We strongly encourage Puerto Rico to access technical assistance related to those results
elements and compliance indicato rs for which Puerto Rico received a score of zero. Puerto Rico
must report with its FFY 20 20 SPP/APR submission, due February 1, 20 22, on:
(1) the technical assistance sources from which the State received assistance; and
(2) the actions the State took as a result of that technical assistance.
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As required by IDEA section 616(e)(7) and 34 C .F.R. § 300.606, Puerto Rico 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.
States were required to submit Phase II I Year Five of t he SSIP by April 1, 202 1. OSEP
appreciates Puerto Rico ’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 Puerto Rico as it implements the SSIP, which is due on February 1, 20 22.
As a reminder, Puerto Rico 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, but no later than 120
days after the State’s submission of its FFY 201 9 SPP/APR. In addition, Puert o Rico 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, Puerto Rico must make its SPP/APR available to the public by posting it on 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 Rehabilitation Act
of 1973 ; and
(2) will be accessible to the public via the ed.gov website.
OSEP appreciates Puerto Rico ’s efforts to improve results for children and youth with
disabilities and looks forward to working with Puerto Rico over the next year as we continue our
important work of improving the lives of children with disabilities and t heir 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