2022 Determination Letters on State Implementation of IDEA

U.S. D EPARTMENT OF EDUCATION 2022 D ETERMINATION L ETTERS ON S TAT E IMPLEMENTATION OF IDEA JUNE 22, 2022 The U.S. Department of Education (Department) issued its 2022 determinations for States on their implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C. The IDEA require s the Department to issue an annual determination, based on State Performance Plan (SPP) and Annual Performance Report (APR ), which evaluates t he State’s efforts to implement the requirements and purposes of the IDEA, and describes how the State will improve its implementation. The Part B SPP/APR and Part C SPP/APR include i ndicators that measure child and family results, and other indicators that measure compliance with the requirements of the IDEA. Since 2015, the Part B SPP/APR and Part C SPP/ APR have included a State Systemic Improvement Plan through which each State focuses its efforts on improving a State- selected child or family outcome. I n the APR, each State report s annually to the Secretary on its performance under the SPP. Specifically, the State must report in its APR, the progress it has made in meeting the measurable and rigorous targets established in its SPP. The Secretary is required to issue an annual determination to each State on its progress in meeting the requirements of the statute. The I D E A determinations are part of the ongoing efforts to improve education for America’s 7 .5 million infants, toddlers and children with disabilities. OSEP’s accountability framework, called Results Driven Accountability (RDA), brings into focus the educational results and functional outcomes for children with disabilities while balancing those results with the compliance requirements of IDEA. Protecting the rights of children with disabilities and their families is a key responsibility of State educational agencies (SEAs) and local educational agencies (LEAs) for Part B, and State Lead Agencies and early intervention service programs and providers for Part C, but it is not sufficient if children are not attaining the knowledge 2022 DETERMINATION LETTERS ON STATE IMPLEMENTATION OF IDEA 2 and skills necessary to accomplish the ideals of IDEA: equality of opportunity, full participation, independent living, and economic self -sufficiency. IDEA details four categories for the S ecretary’s determinations. A S tate ’s determination may be:  Meet s the requirements and purposes of IDEA;  Needs assistance in implementing the requirements of IDEA;  Needs intervention in implementing the requirements of IDEA; or  Needs substantial intervention in implementing the requirements of IDEA. Since 2005 through 2022, States have submitted three SPPs as follows. States submitted SPPs initially in December 2005 under Part B and under Part C (one year after the 2004 I D E A amendments). The original SPP that each State submitted in 2005 covered a period of six years for Federal fiscal years (FFYs) 2005 through 2010 and was made up of quantifiable indicators (20 under Part B and 14 under Part C). These indicators measured either compliance with specific IDEA requirements (compliance indicators) or results and outcomes for children with disabilities and their families (results indicators). The original SPP was extended for two years for FFYs 2011 and 2012. In 2015, States submitted a second SPP that covered the six -year period for FFYs 2013 through 2018 and included a new results qualitative indicator under Part B and Part C, the State Systemic Improvement Plan (SSIP). The second SPP was extended for one year for FFY 2019. On February 1, 2022, States submitted their third SPP, which includes compliance and results indicators (including the SSIP). With the 2022 determinations, OSEP is providing States with its response to their SPPs. The Department issued its first annual IDE A determinations in 2007 for Parts B and C based on compliance data. Since 2014 for Part B States (and 2018 for Part B entities) and 2015 for all Part C States and entities, the Department made IDEA determinations using both compliance and results data. In 2022, the Department is continuing using both compliance and results data to issue its determinations. For its 2021 and 2022 determinations, the Department did not issue a determination of “Needs Intervention” to any State because States’ SPP/APR data col lections for FFY 2019 and FFY 2020 were impacted by COVID -19. For the Department’s 2023 determinations, OSEP is considering, but has not yet determined, whether and how to consider a State’s FFY 2021 SPP/APR data collection that was affected by COVID -19. Additionally, for the Department’s 2023 determinations, the Department is reviewing and considering whether and how to use existing indicators and/or other available data in making its determinations as part of its continuing effort to prioritize equity and improve results for infants, toddlers and children with disabilities. In April 2022, the Department released an equity action plan as part of its efforts to advance racial equity and support underserved communities. Examples of existing indicators that c ould be considered and/or weighted differently include indicators on child find (for Part C) and/or significant discrepancy and disproportionate representation (for Part B). We will offer opportunities for input from the public, including parents, agencies that implement 2022 DETERMINATION LETTERS ON STATE IMPLEMENTATION OF IDEA 3 IDEA and other stakeholders, to provide feedback in the coming months starting with the OSEP Leadership Conference in July 2022. IDEA identifies technical assistance or enforcement actions that the Department must take under specific circum stances for States that are not determined to “meet requirements .” If a S tate “needs assistance” for two or more consecutive years, the Department must take one or more enforcement actions, including, among others, requiring the S tate to access technical a ssistance, designating the S tate as a high-risk grantee, or directing the use of S tate set-aside funds to the area( s) where the S tate needs assistance. If a S tate “needs intervention” for three or more consecutive years, the Department must take one or more enforcement actions, including among others, requiring a corrective action plan or compliance agreement, or withholding further payments to the S tate. Any time a S tate “needs substantial intervention” the Department must take immediate enforcement action, such as withholding funds or referring the matter to the Department’s inspector general or to the Department of Justice. 2022 DETERMINATION LETTERS ON STATE IMPLEMENTATION OF IDEA 4 IDEA P ART B D ETERMINATIONS Following is a list of each State’s performance in meeting the requirements of IDEA Part B, which serves students with disabilities, ages 3 through 21: MEETS REQUIREMENTS Connecticut Florida Georgia Illinois Indiana Kansas Kentucky Ma ine Massachusetts Minnesota Missouri Nebraska New Hampshire New Jersey Oklahoma Oregon Pennsylvania Republic of the Marshall Islands South Dakota Virginia Wisconsin Wyomin g NEEDS ASSISTANCE (one year) North Dakota Tennessee Utah NEEDS ASSISTANCE (two or more consecutive year s) Alabama Alaska American Samoa Arizona Arkansas B ureau of Indian Education California Colorado Commonwealth of Northern Mariana Islands Delaware D istrict of Columbia Federated States of Micronesia Guam Hawaii Iowa Idaho Louisiana Maryland M ichigan Mississippi Montana Nevada New Mexico New York North Carolina Ohio Puerto Rico Republic of Palau Rhode Island South Carolina Texas Vermont Virgin Islands Washington West Virginia NEEDS INTERVENTION None 2022 DETERMINATION LETTERS ON STATE IMPLEMENTATION OF IDEA 5 IDEA P ART C D ETERMINATIONS Following is a list of each State’s performance in meeting the requirements of IDEA Part C, which serves infants and toddlers birth through age 2: MEETS REQUIREMENTS Alaska Arizona Colorado Connecticut District of Columbia Idaho Indiana Kansas Kentucky Ma ine Ma ryland Massachusetts Minnesota Nebraska Nevada New Hampshire New York North Carolina North Dakota Ohio Oklahoma Pennsylvania South Dakota Tennessee Texas Virginia Washington West Virginia Wisconsin Wyoming NEEDS ASSISTANCE (one year) Alabama Delaware Georgia Michigan New Mexico Oregon Rhode Island Utah Vermont NEEDS ASSISTANCE (two or more consecutive years) American Samoa Arkansas California Commonwealth of Northern Mariana Islands Florida Guam Hawaii Iowa Illinois Louisiana Missouri Mississippi Montana New Jersey Puerto Rico South Carolina Virgin Islands NEEDS INTERVENTION None