2021 SPP/APR and State Determination Letters PART C – Wyoming
OSEP Response to SPP/APR
PDF2021 SPP/APR Submission PART C – Wyoming
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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.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 22, 20 21
Honorable Stefan Johansson
Interim Director
Wyoming Department of Health
40 1 Hathaway Building
Cheyenne , Wyoming 82002
Dear Interim Director Stefan Johansson :
I am writing to advise you of the U.S. Department of Education ’s (Department ) 2021
determination under sections 616 and 64 2 of the Individuals with Disabilities Education Act
(IDEA) . The Department has determined that Wyoming needs assistance in meeting the
requirements of Part C of the IDEA . This determination is based on the totality of the State’s data
and information, including the Federal fiscal 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 colle ct 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 o n 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 o f
“Needs Intervention” due solely to data impacted by COVID -19.
Your State’s 2021 determination is based on the data reflected in the State’s “ 2021 Part C
Results -Driven Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for
each State a nd consists of:
(1) a Compliance Matrix that includes scoring on Compliance Indicators and other
compliance factors;
(2) Results Components and Appendices that include scoring on Results Elements;
(3) 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) the State’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 D isabilities Education 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 201 5-2020 . (The specifics of
the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA
Matrix for your State.) For 2021 , the Department’s IDEA Part C determinations continue to
include consideration of each State’s Child Ou tcomes data, which measure how children who
receive Part C services are improving functioning in three outcome areas that are critical to
school readiness:
• positive social -emotional skills;
• acquisition and use of knowledge and skills (including early lan guage/communication);
and
• use of appropriate behaviors to meet their needs .
Specifically, the Department 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 your State’s SPP/APR and other relevant data
by accessing the EMAPS SPP/APR reporting tool using your State -specific log -on information at
https://emaps.ed.gov/s uite/ . When you access your State’s SPP/APR on the site, you will find, in
Indicators 1 through 10, the OSEP Response to the indicator and any actions that the State is
required to take. The actions that the State is required to take are in the “Required A ctions”
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 sav ed as attachments:
(1) the State’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “ 2021 Data Rubric Part C,” which shows how OSEP calculated the
State’s “Timely and Accurate State -Reported Data” score in the Compliance Matrix; and
(4) a document entitle d “Dispute Resolution 201 9-2020 ,” 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, the State’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 D epartment has imposed Specific Conditions on the State’s last 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. While Wyoming ’s RDA percentage is 56.25% , for 2021
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determinations, the Department is issuing a determination of “Needs Assistance” instead of
Needs Intervention” given that Wyoming’s low RDA percentage is directly attributable to
Wyoming’s FFY 2019 SPP/APR results data under Indicator 3 (early chi ldhood outcome data) ,
which were directly impacted by the COVID -19 pandemic as explained further below .
Specifically, Wyoming’s 56.25% RDA percentage is based solely on its FFY 2019 SPP/APR
Indicator 3 data. In its FFY 2019 SPP/APR submission, Wyoming provided information
regarding the impact of the COVID -19 pandemic in its explanation of its FFY 2019 Indicator 3
early ch ildhood outcome data. Specifically, Wyoming noted that it was unable to collect and
report scores for all children exiting the program due to the closu re of early intervention service
(EI S) program s in mid -March, and families ’ reluctance to allow EIS providers into their homes .
The State reported it was unable obtain exit scores because its evaluation tool, the BDI -II, must
be administered in person. Wyoming received a score of one for data quality , and a score of zero
for child performance on the results component of the RDA matrix . Given the impact of the
COVID -19 pandemic on Wyoming’s Indicator 3 data , OSEP is issuing its determination for
Wyoming to be “needs assistance .”
States were required to submit Phase III Year Five of the SSIP by April 1, 20 21 . OSEP
appreciates the State’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. Additionally, OSEP
will continue to provide technical assistance to your State as it implements the SSIP, which is
due o n February 1, 2022 .
As a reminder, your State must report annually to the public, by posting on the State lead
agency’s website, on the performance of each EIS program 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 2019 SPP/APR. In addition, your State must:
(1) review EIS program performance against targets in the State’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, your State must make its SPP/APR available to the public by posting it on the State lead
agency’s website. 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.
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OSEP appreciates t he State’s efforts to improve results for infants and toddlers with disabilities
and their families and looks forward to working with your State 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