2022 SPP/APR and State Determination Letters PART B — Palau
OSEP Response to SPP/APR
PDF2022 SPP/APR Submission PART B — Palau
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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 Dale Jenkins
Minist er of Education
Republic of Palau
P.O. Box 189
Koror , Palau 96940
Dear Minister Jenkins:
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 Palau needs assistance in implementing the requirements of Part
B of the IDEA. This determination is based on the totality of Palau ’s data and information,
including the Federal fiscal year (FFY) 2020 State Perfor mance 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 an d 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 collect ion 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 considered all information submitted that r elated 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 com pliance 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 Palau ’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
compliance factors;
(2) a Results Matrix that inc ludes 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 Columbia, and the Bureau of Indian
Education. Starting in 2022, OSEP is using the NAEP data in making t he 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.
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(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 Palau . 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 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 Section 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 r eviewing 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 chi ld
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 Department did not issue a
determination o f “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.
You may access the results of OSEP’s review of Palau ’s SPP/APR and other relevant data by
accessing the EMAPS SPP/APR reporting tool using your Entity- specific log-on information at
ht tps://emaps.ed.gov/suite/. When you access Palau’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 determinati on, and not to other Entities’ determinations. See footnote 1.
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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) Palau ’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2022 Data Rubric Part B,” which shows how OSEP calculated
Palau ’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 Palau ’s “Timely State Complaint Decisions” and
“Timely Due Process Hearing Decisions” scores in the Compliance Matrix.
As noted above, Palau ’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 Dete rmination
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 dete rmination. While Palau’s RDA
percentage is 45%, for 202 2 determinations, the Department is issuing a determination of “Needs
Assistance” instead of “Needs Intervention” given that Palau’s low RDA percentage is directly
attributable to Palau’s FFY 20 20 SPP/APR assessment data, which were directly impacted by the
COVID- 19 pandemic as explained further below.
Specifically, due to the significant impact of the COVID -19 pandemic on the quality of the
school year 2020 -2021 Statewide assessment data, OSEP has det ermined that the data on
participation rates in regular Statewide assessments will not be scored on the Results Matrix to
ensure that the 2022 determinations for States and Entities are not negatively impacted by their
use of COVID -19 flexibilities availab le with respect to assessments.
3 In addition, because Palau
does not administer the National Assessment of Educational Progress (NAEP), the elements of
the Results Matrix related to the NAEP could not be scored. Therefore, the only elements of the
Results Matrix that could be scored for Palau were the two exiting data elements of the Results
Matrix , and the results matrix score of 0% is based on only those two elements (rather than the
four elements that made up the results component of Palau’s determination in 2020, when the
data was not impacted by COVID -19) . Given the impact of the COVID -19 pandemic on Palau’s
assessment data, including the effect on Palau’s results score due to the lack of any results
elements related to assessment data and N AEP data, OSEP is issuing its determination for Palau
to be “Needs Assistance.”
The Department will continue the Specific Conditions on Palau’s FFY 202 2 IDEA Part B grant
award. The specific reporting requirements and other required actions will be descri bed in
OSEP’s FFY 202 2 IDEA Part B grant award documents.
3 The February 22, 2021, letter from the Department’s Office of Elementary and Secondary Education to Chief State
School Officers offered flexibility with respect to accountability, reporting systems, and assessments for school year
2020 -2021.
Page 4—Chief State School Officer
Palau
’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 an d 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 Palau 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 Act (IDEA) Topic Areas , and requiring Palau to work
with appropriate entities. In addition, Palau should consider accessing technical assistance from
other Department -funded centers such as t he Comprehensive Centers with resources at the
following link: https://compcenternetwork.org/states . The Secretary directs Palau 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 Palau to access technical assistance related to those results elements and compliance
indicators for which Palau received a score of zero. Palau must report with its FFY 2021
SPP/APR submission, due February 1, 2023, on:
(1) the technical assistance sources from which Palau received assistance; and
(2) the actions Palau took as a result of that technical assistance.
As req uired by IDEA S ection 616(e)(7) and 34 C.F.R. § 300.606, Palau 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, Palau 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 all Entity
attachments that ar e 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 Palau ’s efforts to improve results for children and youth with disabilities and
looks forward to w orking with Palau 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
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State Lead if you have any questions, would like to discuss this further, or want to r
equest
technical assistance.
Sincerely,
Valerie Williams
Director
Office of Special Education Programs
cc: Palau 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