2022 SPP/APR and State Determination Letters PART B — South Carolina
OSEP Response to SPP/APR
PDF2022 SPP/APR Submission PART B — South Carolina
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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 equ al access.
U
NITED STATES DEPARTMENT OF EDUCATION
O
FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 23, 2022
Honorable Molly Spearman
Superintendent of Education
South Carolina Department of Education
1006 Rutledge Building, 1429 Senate Street
Columbia , South Carolina 29201
Dear Superintendent Spearman:
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 South 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), oth er 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 impa cted 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 E ntities’ 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 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.
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 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 State’s Determination.
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The RDA Matrix is further explained in a document, entitled “How the Department Made
Det erminations 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 perform ance 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.
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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. While South Carolina’s RDA percentage is 50%,
for 2022 determinations, the Department is issuing a determination of “Needs Assistance”
instead of Needs Intervention” given that South Carolina ’s low RDA percentage is directly
attributable to South Carolina’s FFY 20 20 SPP/APR assessment data and compliance data under
Indicator 11 (timely initial evaluation) and Indicator 12 (IEP developed and implemented by the
third birthday), all of which were directly impacted by the COVID -19 pandemic as explained
further below .
Specifically, due to the signif icant impact of the COVID-19 pandemic on the quality of the
school year 2020 -2021 Statewide assessment data, OSEP has determined that the data on
participation rates in regular Statewide assessments will not be scored on the Results Matrix to
ensure that t he 2022 determinations for States and Entities are not negatively impacted by their
use of COVID -19 flexibilities available with respect to assessments.
2 Further, South Carolina
received a score of one for Indicator 11 (timely evaluations) on the Compliance Matrix , and
South Carolina provided information regarding the impact of the COVID -19 pandemic in its
explanation of its data under Indicator 11. Specifically, South Carolina reported that, due to
COVID- 19, some aspects of the evaluation process could not be conducted face -to -face, and
certain assessment measures could not be adapted or changed to accommodate for administration
using a different format without invalidating the results . Student and staff absences due to
COVID-19 also contributed to the del ays in completing evaluations. In addition, South Carolina
received a score of zero for Indicator 12 (IEP developed and implemented by the third birthday),
and South Carolina provided information regarding the impact of the COVID -19 pandemic in its
explana tion of its data under Indicator 12. Specifically, South Carolina reported that, due to
2 The February 22, 2021, l etter 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
COVID-19, certain aspects of the initial evaluation and transition processes could not be
completed due to the face -to -face interaction required for some assessments. S tudent and staff
absences due to COVID-19 also contributed to the delay in completing some evaluations and, as
a result, the development of an IEP by a child’s third birthday. For both Indicators 11 and 12,
South Carolina reported that delays were also due to difficulty engaging parents because of the
sharp rise in students receiving instruction in a virtual setting due to COVID -19. Given the
impact of the COVID -19 pandemic on South Carolina ’s assessment data and Indicator 11 and
Indicator 12 data, OSEP is issuing its determination for South Carolina to be “Needs
Assistance.”
The State’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 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 wor k with
appropriate entities;
(2) direct the use of State -level funds on the area or areas in 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 Educa tion 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 follo wing link: https://compcenternetwork.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 2021 SPP/APR submission, due February 1, 2023, on:
(1) the technical assistance sources from which the State received assistance; and
(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 S ecretary 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 of its FFY 2020 SPP/APR. In addition, your State must:
(1) review LEA performance against targets in the State’s SPP/APR;
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(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 accessible 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 lives 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
(Grant Year 2020–2021 — Issued June 23, 2022)
How the department made determinations
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Last modified on October 6, 2022