2022 SPP/APR and State Determination Letters PART B — Guam

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 Jon J.P. Fernandez Superintendent of Education Guam Department of Education 500 Mariner Avenue Barrigada, Guam 96913 Dear Superintendent Fernandez: I am writing to advise you of the U. S. Department of Education’s (Department) 2022 determination under S ection 616 of the Indi viduals with Disabilities Education Act (IDEA). The Department has determined that Guam needs assistance in implementing the requirements of Part B of the IDEA. This determination is based on the totality of Guam ’s data and information, including the Feder al 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 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 2020 SPP/APR. When making determination decisions for 2022, OSEP consi dered 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 Guam ’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) a Compliance Matrix that includes scoring on Compliance Indicators and other complianc e factors; (2) a Results Matrix that includes scoring on Results Elements; 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 Co lumbia, 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 NAEP data in making Puerto Rico’s 2023 determination. Page 2—Chief State School Officer (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 spe cifics of the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA Matrix for Guam . In making Part B determinations in 2022, OSEP used results data related to: (1) the participation and performance of CWD on the most recent ly 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 dropped 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 indicators 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 parents, 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 D epartment 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 S PP/APR data collection that was affected by COVID- 19 will be considered in the Department’s 2023 determinations. You may access the results of OSEP’s review of Guam ’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 Guam’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 2 This element applies only to the BIE’s determination, and not to other Entities’ determinations. See footnote 1. Page 3—Chief State School Officer 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) Guam ’s RDA Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “2022 Data Rubric Part B,” which shows how OSEP calculated Guam ’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 Guam ’s “Timely State Complaint Decisions” and “Timely Due Process Hearing Decisions” scores in the Compliance Matrix. As noted above, Guam ’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 Determination 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. Guam ’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 ye ars, 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. Pu rsuant to these requirements, the Secretary is advising Guam of available sources of technical assistance, including OSEP -funded technical assistance centers and resources at the following websites: Monitoring and State Improvement Planning (MSIP) | OSEP Ideas That Work, Individuals with Disabilities Education Ac t (IDEA) Topic Areas, and requiring Guam to work with appropriate entities. In addition, Guam should consider accessing technical assistance from other Department -funded centers such as the Comprehensive Centers with resources at the following link: https://compcenternetwork.org/states . The Secretary directs Guam 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 Guam to access technical assistance related to those results elements and compliance indicators for which Guam received a score of zero. Guam must report with its FFY 2021 SPP/APR sub mission, due February 1, 2023, on: (1) the technical assistance sources from which Guam received assistance; and Page 4—Chief State School Officer (2) the actions Guam took as a result of that technical assistance. As required by IDEA S ection 616(e)(7) and 34 C.F.R. § 300.606, Guam 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 noti ce to the media and through public agencies. As a reminder, Guam 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 determin ation 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 Guam ’s efforts to improve results for children and youth with disabilities and looks forward to working with Guam 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: Guam Director of Special Education