2021 SPP/APR and State Determination Letters PART C – Puerto Rico
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART C – 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 equal access. U NITED S TATES D EPARTMENT OF E DUCATION
O FFICE OF S PECIAL E DUCATION AND R EHABILITATIVE S ERVICES
June 22, 2021
Honora ble Carlos R. Mella do López
Secretary
Puerto Rico Departme nt of Health
P.O. Box 70184
San Juan, Puerto Rico 00936
Dea r Secretary Mella do López:
I am writing to advise you of the U.S. Department of Education’s (Department) 2021
determination under sections 616 and 642 of the Individuals with Disabilities Educati on Act
(IDEA). The Department has determined that Puerto Rico needs assistance in meeting the
requirements of Part C of the IDEA . This determination is based on the totality of Puerto Rico’ s
data and information, including the Federal fisca l year (FFY) 2019 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 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.
Puerto Rico’s 2021 determination is based on the data reflected in Puerto Rico’s “2021 Part C
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 Indicato rs and other
compliance factors;
(2F Results Components and Appendices that include scoring on Results Elements;
(3F a Compliance Score and a Results Score;
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(4) an RDA Percentage based on both the Compliance Score and the Results Score; and
(5) Puerto Rico ’s Determination.
The
RDA Matrix is further explained in a document, entitled “How the Department Made
Determinations under Sections 616(d) and 642 of the Individuals with Disabilities Educati on Act
in 2021: Part C” (HTDMD).
OSEP is continuing to use both results data and compliance data in making the Department’s
determinations in 2021, as it did for the Part C determinations in 2015-2020. (The specifics of
the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA
Matrix for Puerto Rico.) For 2021, the Department’s IDEA Part C determinations continue to
include consideration of each State’s Child Outcomes data, which measure how children who
receive Part C services are improving functioning in three outcome areas that are critical to
school readiness: • p ositive social - emotional skills;
• acquisition and use of knowledge and skills (including early language/communication);
and
• use of appropriate behaviors to meet their needs .
Specifically, the Dep artment considered the data quality and the child performance levels in each
State’s Child Outcomes FFY 2019 data .
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 tool us ing your State - 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 10, the OSEP R esponse 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:
(1F Puerto Rico ’s RDA Matrix;
(2F the HTDMD document;
(3F a spreadsheet entitled “ 2021 Data Rubric Par t C,” which shows how OSEP calculated the
State’s “Timely and Accurate State - Reported Data” score in the Compliance Matrix; and
(4F a document entitled “Dispute Resolution 201 9 - 2020 ,” which includes the IDEA section
618 data that OSEP used to calculate the Sta te’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 Assistance. A State’s 2021 RDA
Determination is Needs Assistance if the RDA Percentage is at least 60% but less than 80%. A
State 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 la st three IDEA Part C grant
awards (for FFYs 201 8 , 201 9 , and 20 20 ), and those Specific Conditions are in effect at the time
of the 20 21 determination.
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States were required to submit Phase III Year Five of the SSIP by April 1, 20 21 . OSEP
appreciates the Stat e’s ongoing work on its SSIP and its efforts to improve results for infants and
toddlers with disabilities and their families. We have carefully reviewed and responded to your
submission and will provide additional feedback in the upcoming weeks. Additiona lly, OSEP
will continue to provide technical assistance to Puerto Rico as it implements the SSIP, which is
due on February 1, 2022 .
As a reminder, Puerto Rico must report annually to the public, by posting on the State lead
agency’s website, on the performa nce of each early intervention service ( EIS ) program located in
Puerto Rico on the targets in the SPP/APR as soon as practicable, but no later than 120 days after
Puerto Rico ’s submission of its FFY 2019 SPP/APR. In addition, Puerto Rico must:
(1) review EIS progr am performance against targets in Puerto Rico ’s SPP/APR;
(2) determine if each EIS program “meets the requirements” of Part C, or “needs assistance,”
“needs intervention,” or “needs substantial intervention” in implementing Part C of the
IDEA ;
(3) take appropriate enforcement action; and
(4) inform each EIS program of its determination.
Further, Puerto Rico must make its SPP/APR available to the public by posting it on the Puerto
Rico lead agency’s website. Within the upcoming weeks , OSEP will be finalizing a State Profile
that:
(1) includes Puerto Rico ’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 infants and toddlers with
disabilities and their families and looks forward to working wit h 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 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: State Par t C Coordinator
(Grant Year 2019–2020 — Issued June 24, 2021)
How the department made determinations
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Last modified on August 11, 2021