2021 SPP/APR and State Determination Letters PART B – Virgin Islands
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART B – Virgin Islands
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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 Racquel Berry -Benjamin
Commissioner of Education
Virgin Islands Department of Education
1834 Kongens Gade
St. Thomas , Virgin Islands 00802
Dear Commissioner Berry -Benjamin :
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 the Virgin Islands needs assistance in impleme nting the
requirements of Part B of the IDEA. This determination is based on the totality of the Virgin
Islands data and information, including the Federal fiscal year (FFY) 2019 State Performance
Plan/Annual Performance Report (SPP/APR), other Entity -repo rted data, and other publicly
available in formation.
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.
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 Enti ties) in
2021, as it did for determinations in 2020. 1 The Vi rgin Islands ’ 2021 determination is based on
the dat a 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 Entities) 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 explained 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 procedures and criteria are set forth in the HTDMD and
reflected in the RDA Matrix for the Virgin Islands . In making Part B determinations in 2021,
OSEP used results data relate d 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 the Virgin Islands ’ SPP/APR and other relevant
data by accessing the EMAPS SPP/APR rep orting 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 Response ” and/or “Required Actions ” sections .
You will also find all of the following important documents saved as attachments:
(1) the Virgin Islands RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “ 2021 Data Rubric Part B,” which shows how OSEP calculated the
Virgin Islands ’ “Timely and Accurate State -Reported Data” score in the Compliance
Matrix; and
(4) a document e ntitled “Dispute Resolution 201 9-20 20 ,” which includes the IDEA section
618 data that OSEP used to calculate the Virgin Islands ’ “Timely State Complaint
Decisions” and “Timely Due Process Hearing Decisions” scores in the Compliance
Matrix.
As noted above, the Virgin Islands ’ 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 (for FFYs 2018, 2019, and 2020 ),
and those Speci fic Conditions are i n effect at the time of the 2021 determination. While t he
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Virgin Islands ’ RD A percentage is 52.5 %, for 2021 determinations, the Department is issuing a
determination of “Needs Assistance” instead of “Needs Intervention” given that the Virgin
Islands’ low RDA percentage is directly attributable to the Virgin Islands’ FFY 2019 SPP/APR
assessment data , which were directly impacted by the COVID -19 pandemic as explained further
below .
Specifically, the Vir gin Islands 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, the Virgin Islands 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 additi on, because Virgin Islands does not
administer the National Assessment of Educational Progress (NAEP) , the Virgin Islands 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 the Virgin Islands’ 2020
determination was based on four elements. Given th e impa ct of the COVID -19 pandemic on the
Virgin Islands’ assessment data , including the effect on the Virgin Islands’ results score due to the
lack of assessment data and NAEP data , OSEP is issuing its determination for the Virgin Islands
to be “Needs Assistance .”
The Department will continue the Specific Conditions on the Virgin Islands’ FFY 2021 IDEA
Part B grant award as part of the Department -wide Specific Conditions imposed on all
Departmental grants awarded to the Virgin Islands. 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 April 1, 2021 .
OSEP appreciat es the Virgin I slands ’ 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 Virgin Islands as it implements the SSIP, which is due on
February 1, 2022 .
As a reminder, the Virgin Islands must report annually to the public, by posting on its agency’s
websit e, the performance of each local educational agency (LEA) located in the Virgin Islands
on the targets in the SPP/APR as soon as practicable, but no later than 120 days after the Virgin
Islands’ submission of its FFY 201 9 SPP/APR. In addition, the Virgin I slands must:
(1) review LEA performance against targets in the Virgin Islands’ 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 , the Virgin Islands 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:
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(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 the Vir gin Islands ’ efforts to improve results for children and youth with
disabilities and looks forward to working with the Virgin Islands over the next year as we
continue our important work of improving the lives of children with disabilities and their
famili es. 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: Virgin Islands Dire ctor 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