2022 SPP/APR and State Determination Letters PART B — North Carolina

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 equ al access. U NITED STATES DEPARTMENT OF EDUCATION O FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES June 23, 2022 Honorable Catherine Truitt State Superintendent North Carolina Department of Public Instruction 6301 Mail Service Center Raleigh , North Carolina 27699 Dear Superintendent Truitt: 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 North Carolina needs assistance in implementing the requirements of Part B of the IDEA . This determination is based on the totality of the State’s data and information, including the Federal fiscal year (FFY) 2020 State Performance Plan/Annual Performance Report (SPP/APR), other State -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 pand emic. 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 transpa rency regarding the impact of COVID- 19 on the data reported in the FFY 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 wi th 2021 determinations, no State or Entity received a determination of “Needs Intervention” due solely to data impacted by COVID -19. Your State’s 2022 determination is based on the dat a reflected in the State’s “2022 Part B 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 Indicators and other comp liance factors; (2) a Results Matrix that includes scoring on Result s 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 State’s Determination. Page 2—Chief State School Officer The RDA Matrix is further explained in a document, entitled “How the Department Made Determinations under Section 616(d) of the Individuals with Di sabilities Education Act in 2022: Part B ” (HTDMD). OSEP is continuing to use both results data and compliance data in making determinations in 2022, as it did for Part B determinations in 2014- 2021. (The specifics of the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA Matrix for your State.) In maki ng Part B determinations in 2022, OSEP continued to use 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) ; 1 (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 i n 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, agencie s 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, whet her 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 . 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/suite/ . When you access your State’s SPP/APR on the site, you will find, in Indicators 1 through 17, the OSEP Response to the indicator and any actions that the State is 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 (BIE) .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 3—Chief State School Officer required to take. The actions that the State is required to take are in the “Required Actions” section of the indicator. It is important for you to review the Int roduction to the SPP/APR, which may also include language in the “OSEP R esponse” and/or “ Required Actions ” sections. You will also find all of the following important documents saved as attachments: (1) the State’s RDA Matrix; (2) the HTDMD document; (3) a spreads heet entitled “2022 Data Rubric Part B,” which shows how OSEP calculated the State’s “Timely and Accurate State- Reported Data” score in the Compliance Matrix; and (4) a document e ntitled “Dispute Resolution 2020- 2021,” 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 2022 determination is Needs Assistance. A State’s 2022 RDA Det ermination is Needs Assistance if the RDA Percentage is at least 6 0% but less than 80%. A State’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 last thre e IDEA Part B grant awards (for FFYs 2019, 2020, and 2021), and those Speci fic Conditions are i n effect at the time of the 2022 determination. The State’s determination for 2021 was also Needs Assistance. In accordance with S ection 616(e)(1) of the IDEA an d 34 C.F.R. § 300.604(a), if a State is determined to need assistance for two consecutive years, the Secretary must take one or mo re of the following actions: (1) advise the State of available sources of technical assistance that may help the State address the areas in which the State needs assistance and require the State to work with appropriate entities; (2) direct the use of State -level funds on the area or areas i n which the State needs assistance; or (3) identify the State as a high -risk grantee and impose Specific Conditions on the State’s IDEA Part B grant award. Pursuant to these requirements, the Secretary is advising the State of available sources of technical assistance, including OSEP -funded technical assistance centers and resources at the following website s: Monitoring and State Improvement Planning (MSIP) | OSEP Ideas That Work , Individuals with Disabilities Education Act (IDEA) Topic Areas , and requiring the State to work with appropriate entities. In addition, the State should consider accessing technical assistance from other Department-funded centers such as the Comprehensive Centers with resources at the following link: https://comp centernetwork.org/states. The Secretary directs the State 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 State to access technical assistance related to those results elements and compliance indicators for which the State received a score of zero. Your State must report with its FFY 20 21 SPP/APR submission, due February 1, 2023, on: (1) th e technical assistance sources from which the State received assistance; and Page 4—Chief State School Officer (2) the actions the State took as a result of that technical assistance. As required by IDEA S ection 616(e)(7) and 34 C .F .R . § 300.606, your State 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, your State must report annually to the public, by posting on the State educational agency’s (SEA’s) website, the performance of each local educational agency (LEA) 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 o f its FFY 2020 SPP/APR. In addition, your State must: (1) review LEA performance against targets in the State’s SPP/APR; (2) determine if each LEA “meets the requirements” of Part B, or “needs assistance,” “needs intervention,” or “needs substantial intervention” in implementing Part B of the IDEA ; (3) take appropriate enforcement action; and (4) inform each LEA of its determination. Further, your State must make its SPP/APR available to the public by posting it on the SEA’s web site. 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 accessibl e to the public via the ed.gov website. OSEP appreciates the State’s efforts to improve results for children and youth with disabilities and looks forward to working with your State over the next year as we continue our important work of improving the live s of children with disabilities and their families. Please contact your OSEP State Lead i f 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: State Director of Special Education