2022 SPP/APR and State Determination Letters PART B — Virgin Islands
OSEP Response to SPP/APR
PDF2022 SPP/APR Submission PART B — Virgin Islands
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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 Racquel Berry -Benjamin
Commissioner of Education
Virgin Islands Department of Education
1834 Kongens Gade
St. Thomas , Virgin Islands 00802
Dear Commissioner Berry-Benjamin :
I am writing to advise you of the U. S. Department of Education’s (Department) 2022
determination unde r Section 616 of the Individuals with Disabilities Education Act (IDEA). The
Department has determined that Virgin Islands needs assistance in implementing the
requirements of Part B of the IDEA. This determination is based on the totality of Virgin Islands’
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 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 imp acted 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
ste ps 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 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 s olely 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 Virgin Islands ’ 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;
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 NAEP data in making Puerto
Rico’s 2023 determination.
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(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 Virgin Islands. 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 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 indicator s 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 disproport ionate 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 Jul y 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 determinat ions.
You may access the results of OSEP’s review of Virgin Islands’ SPP/APR and other relevant data
by accessing the EMAPS SPP/APR reporting tool using your Entity- specific log-on information
2 This element applies only to the BIE’s determination, and not to other Entities’ determinations. See footnote 1.
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at https://emaps.ed.gov/suite/. When you access
Virgin Islands’ 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) V irgin Islands ’ RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2022 Data Rubric Part B,” which shows how OSEP calculated
Virgin Islands ’ “Timely and Accurate State -Reported Data” score in the Compliance
Matrix; and
(4) a document entitled “Dispute Re solution 2020-2021,” which includes the IDEA S ection
618 data that OSEP used to calculate Virgin Islands’ “Timely State Complaint Decisions”
and “Timely Due Process Hearing Decisions” scores in the Compliance Matrix.
As noted above, Virgin Islands’ 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. While the
Virgin Islands’ RDA percentage is 52.5%, for 202 2 determinations, the Department is issuing a
determination of “Needs Assistance” instead of “Needs Intervention” given that the Virgin
Islands’ low RDA percentage is directly attributable to the Virgin Is lands’ FFY 2020 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 assessmen t 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 the 2022 determinations for States and Entities are not negatively impacted by their
use of COVID -19 f lexibilities available with respect to assessments.
3 In addition, because the
Virgin Islands 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 the Virgin Islands were the two exiting
data elements, and the results score of 0% is based on only those two elements (rather than the
four elements that made up the results component of the Virgin Islands’ determination in 2020,
when the data were not impacted by COVID -19) . Given the impact of the COVID -19 pandemic
on the Virgin Islands’ assessment data, including the effect on the Virgin Islands’ results score
3 The February 22, 2021, letter from the Department’s Office of Elementary and Secondary Education to Chief State
School Officers offered flex ibility with respect to accountability, reporting systems, and assessments for school year
2020 -2021.
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due to the lack of
any results elements related to assessment data and NAEP data, OSEP is
issuing its determination for the Virgin Islands to be “Needs Assistance.”
The Department will continue the Specific Conditions on the Virgin Islands’ FFY 2022 IDE A
Part B grant award as part of the Department -wide Specific Conditions imposed on all
Departmental grants awarded to the Virgin Islands. The specific reporting requirements and other
required actions will be described in OSEP’s FFY 2022 IDEA Part B grant award documents.
Virgin Islands ’ 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 Virgin Islands 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
Wo r k , Individuals with Disabilities Education Act (IDEA) Topic Areas , and requiring Virgin
Islands to work with appropriate entities. In addition, Virgin Islands 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
Virgin Islands 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 Virgin Islands to access technical assistance related to those
results elements and compliance indicators for which Vi rgin Islands received a score of zero.
Virgin Islands must report with its FFY 2021 SPP/APR submission, due February 1, 2023, on:
(1) the technical assistance sources from which Virgin Islands received assistance; and
(2) the actions Virgin Islands took as a resu lt of that technical assistance.
As required by IDEA S ection 616(e)(7) and 34 C.F.R. § 300.606, Virgin Islands must notify the
public that the Secretary of Education has taken the above enforcement actions, including, at a
minimum, by posting a public noti ce on its website and distributing the notice to the media and
through public agencies.
As a reminder, the Virgin Islands must report annually to the public, by posting on its agency’s
website, the performance of each local educational agency (LEA) located in the Virgin Islands on
the targets in the SPP/APR as soon as practicable, but no later than 120 days after the Virgin
Islands’ submission of its FFY 2020 SPP/APR. In addition, the Virgin Islands 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 de termination.
Further , Virgin Islands 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 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 Virgin Islands’ efforts to improve results for children and youth with
disabilities and looks forward to working with Virgin Islands 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: Virgin Islands 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