2022 SPP/APR and State Determination Letters PART B — Federated States of Micronesia
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OSEP Response to SPP/APR
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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 STATES DEPARTMENT OF EDUCATION
O
FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 23, 2022
Honorable Gardenia Aisek
Secr etary of Education
Federated States of Micronesia
P.O. Box PS 87
Palikir, Pohnpei , Federated States of Micronesia 96941
Dear Secretary Aisek :
I am writing to advise you of the U. S. Department of Education’s (Department) 2022
determination under S ection 616 of the Individuals with Disabilities Education Act (IDEA). The
Department has determined that the Federated States of Micronesia needs assistance in
implementing the requirements of Part B of the IDEA. This determination is based on the totality
of the F ederated States of Micronesia’s data and information, including the Federal fiscal year
(FFY) 2020 State Performance Plan/Annual Performance Report (SPP/APR), other Entity-
reported data, and other publicly available information.
With the FFY 2020 SPP/APR s ubmission, 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 F FY 2020 SPP/APR. When making determination
decisions for 2022, OSEP considered all information submitted that related to the impact of the
COVID- 19 pandemic. For 2022 determinations, as with 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 Entities) in
2022, as it did for determinations in 2021.
1 The Federated States of Micronesia’s 2022
determination is based on the data reflected in the Entity’s “2022 Part B Results -Driven
Accountability Matrix” (RDA Matrix). The RDA Matrix is individualized for each Entity and
consists of:
1 For the 2022 determinations, OSEP is using results data on the participation and performance of children with disabilities on the
National Assessment of Educational Progress (NAEP) for the 50 States, the District of Columbia, and the Bureau of Indian
Education. Starting in 2022, OSEP is using the NAEP data in making the BIE’s 2022 determination (as indicated in the 2021
determination letters to States and Entities) . OSEP is considering whether to use the available NAE P data in making Puerto
Rico’s 2023 determination.
Page 2—Chief State School Officer
(1)
a Compliance Matrix that includes scoring on Compliance Indicators and other
compliance 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 Disabilities Education Act in 2022:
Freely Associated States, Outlying 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 Federated States of Micronesia. In making Part B
determinations in 2022, OSEP used results data related to:
(1) the participation and performance of CWD on the most recently administered (school
year 2018- 2019) National Assessment of Educational Progress (NAEP);
2
(2) the percentage of CWD who graduated with a regular high school diploma; and
(3) the percentage of CWD who dr opped out.
In 2022, States were required to submit a new SPP/APR for FFYs 2020 through 2025. The 2022
submission of the SPP/APR is the third six -year SPP and includes baseline data and measurable
and rigorous targets for FFY 2020 through FFY 2025 for each indicator in the SPP/APR. OSEP
has reviewed and approved your State’s SPP under IDEA S ection 616(b) to include measurable
and rigorous targets for FFY 2025 that reflect improvement over the State’s baseline data. Any
action required by the State is reflected in OSEP’s response.
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
indicat ors that could be considered and/or be 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 pare nts, agencies that implement
IDEA and other stakeholders, to provide feedback in the coming months, starting with the OSEP
Leadership Conference in July 2022 as well as through email submissions and listening sessions
open to the public.
As noted earlier, for its 2021 and 2022 determinations, the Department did not issue a
determination of “Needs Intervention” to any State because States’ SPP/APR data collections for
FFY 2019 and FFY 2020 were impacted by COVID -19. OSEP is considering, but has not yet
determined, whether and how a State’s FFY 2021 SPP/APR data collection that was affected by
COVID- 19 will be considered in the Department’s 2023 determinations.
2 This element applies only to the BIE’s determination, and not to other Entities’ determinations. See footnote 1.
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You may access the results of OSEP’s review of the Federated States of Micronesia’s SPP/APR
and other relevant data by accessing the EMAPS SPP/APR reporting tool using your Entity-
specific log
-on information at https://emaps.ed.gov/suite/. When you access the Federated States
of Micronesia ’s SPP/APR on the site, you will find, in applicable Indicators 1 through 17, 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 Federated States of Micronesia’s RDA Matrix;
(2) the HTDMD docu ment;
(3) a spreadsheet entitled “2022 Data Rubric Part B,” which shows how OSEP calculated the
Federated States of Micronesia’s “Timely and Accurate State -Reported Data” score in the
Compliance Matrix; and
(4) a document entitled “Dispute Resolution 2020- 2021,” which includes the IDEA Section
618 data that OSEP used to calculate the Federated States of Micronesia’s “Timely State
Complaint Decisions” and “Timely Due Process Hearing Decisions” scores in the
Compliance Matrix.
As noted above, the Federated States o f Micronesia’s 2022 determination is Needs Assistance. A
State’s or Entity’s 2022 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 D etermination percentage is 80% or above but the Department has imposed Specific
Conditions on the State’s or Entity’s last three IDEA Part B grant awards (for FFYs 2019, 2020,
and 2021), and those Specific Conditions are in effect at the time of the 2022 determination.
The Federated States of Micronesia’s determination for 2021 was also Needs Assistance. In
accordance with S ection 616(e)(1) of the IDEA and 34 C.F.R. § 300.604(a), if a State or Entity is
determined to need assistance for two consecutive years, the Secretary must take one or more of
the following actions:
(1) advise the State or Entity of available sources of technical assistance that may help the
State or Entity address the areas in which it needs assistance and require the State or
Entity to work with appropriate entities;
(2) direct the use of State or Entity -level funds on the area or areas in which the State or
Entity needs assistance; or
(3) identify the State or Entity as a high -risk grantee and impose Specific Conditions on the
State’s or Entity’s IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising the Federated States of Micronesia of
available sources of technical assistance, including OSEP -funded technical assistance centers
and resources at the following websites: Mo nitoring and State Improvement Planning (MSIP) |
OSEP Ideas That Work, Individuals with Disabilities Education Act (IDEA) Topic Areas , and
requiring the Federated States of Micronesia to work with appr opriate entities. In addition, the
Federated States of Micronesia should consider accessing technical assistance from other
Page 4—Chief State School Officer
Department
-funded centers such as the Comprehensive Centers with resources at the following
link: https://compcenternetwork.org/states . The Secretary directs the Federated States of
Micronesia to determine the results elements and/or compliance indicators, and improvement
strategies, on which it will focus its use of available technical assistance, in order to improve its
performance. We strongly encourage the Federated States of Micronesia to access technical
assistance related to those results elements and compliance indicators for which the Federated
States of Micronesia received a score of zero. The Federated States of Micronesia must report
with its FFY 2021 SPP/APR submission, due February 1, 2023, on:
(1) the technical assistance sources from which the Federated States of Micronesia received
assistance; and
(2) the actions the Federat ed States of Micronesia took as a result of that technical assistance.
As required by IDEA S ection 616(e)(7) and 34 C.F.R. § 300.606, the Federated States of
Micronesia 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.
As a reminder, the Federated States of Micronesia must make its SPP/APR available to the
public by posting it on its agency’s website. Within the upcoming weeks, OSEP will be finalizing
an Entity Profile that:
(1) includes the Entity’s determination letter and SPP/APR, OSEP attachments, and a ll 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 Federated States of Micronesia’s efforts to improve results for c hildren and
youth with disabilities and looks forward to working with the Federated States of Micronesia
over the next year as we continue our important work of improving the lives of children wit h
disabilities and their 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,
Valerie Williams
Director
Office of Special Education Programs
cc: Federated States of Micronesia Director of Special Education
(Grant Year 2020–2021 — Issued June 23, 2022)
How the department made determinations (Entities)
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Last modified on October 6, 2022