2022 SPP/APR and State Determination Letters PART C — Guam
OSEP Response to SPP/APR
PDF2022 SPP/APR Submission PART C — Guam
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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.
UNITED STATES DEPARTMENT OF EDUCATION
O
FFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
June 22, 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 ections 616 and 642 of the Individuals with Disabilities Education Act
(IDEA). The Department has determined that Guam needs assistance in meeting the
requirements of Part C of the IDEA. This determination is based on the totality of Guam ’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)
re quested 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 m itigate 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 solely to data impacted by COVID -19.
Guam ’s 2022 determination is based on the data reflected in Guam ’s “2022 Part C 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
compliance factors;
(2) Results Components and Appendices that include 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) Guam ’s Determination.
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The RDA Matrix is further explained in a document, entitled “How the Department Made
Determinations under Sections 616(d) and 642 of the Individuals with Disabilities Education Act
in 2022: Part C” (HTDMD).
OSEP is continuing to use both results data and compliance data in making the Department’s
determinations in 2022, as it did for the Part C determinations in 2015-2021. (The spe cifics of
the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA
Matrix for Guam .) For 2022, the Department’s IDEA Part C determinations continue to include
consideration of each State’s Child Outcomes data, which measure how children who receive
Part C services are improving functioning in three outcome areas that are critical to school
readiness:
• positive social- emotional skills;
• acquisition and use of knowledge and skills (including early language/communication);
and
• use of appropriate behaviors to meet their needs.
Specifically, the Department considered the data quality and the child performance levels in each
State’s Child Ou tcomes FFY 2020 data.
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 Stat e 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 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 determinations.
You may access the results of OSEP’s review of Guam’s SPP/APR and other relevant data b y
accessing the EMAPS SPP/APR reporting tool using your State- specific log-on information at
https://emaps.ed.gov/suite/
. When you access Guam’s SPP/APR on the site, you will find, in
Indicators 1 through 11, the OSEP Response to the indicator and any actions that Guam is
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required to take. The actions that Guam 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 to the Progress
Page:
(1) Guam ’s RDA Matrix;
(2) the HTDMD docum ent;
(3) a spreadsheet entitled “2022 Data Rubric Part C,” 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 2022 R DA
Determination is Needs Assistance if the RDA Percentage is at least 60% but less than 80%. A
State 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 three IDEA Part C grant
awards (for FFYs 201 9, 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 Section 616(e)(1)
of the IDEA and 34 C.F.R. § 303.704(a), if a State is determined to need assistance for two
consecutive years, the Secretary must take one or more 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; and/or
(2) identify the State as a high -risk grantee and impose Specific Conditions on the State’s
IDEA Part C grant award.
Pursuant 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
website s: Monitoring and State Improvement Planning (MSIP) | OSEP Ideas That Work
,
Individuals with Disabilities Education Act (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 submission, due February 1, 2023, on:
(1) the technical assistance sources from which Guam received assistance; and
(2) the actions Guam took as a result of that technical assistance.
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As required by IDEA Section 616(e)(7) and 34 C.F.R. § 303.706, Guam must notify the public
that the Secretary of Education has taken the above enforcement action, including, at a
minimum, by posting a public notice on its website and distributing the notice to the media and
to early intervention service ( EIS) programs.
As a reminder , Guam must make its SPP/APR available to the public by posting it on Guam lead
agency’s website. Within the upcoming weeks, OSEP will be finalizing a State Profile that:
(1) includes Guam ’s determination letter and SPP/APR, OSEP attachments , and all
attachments that a re 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 infants and toddlers with disabilities and
their families and looks forward to working with Guam 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 if you have any questions, would like to discuss this further, or
want to request technical assistance.
Sincerely,
/s/
Valerie Williams
Director
Office of Special Education Programs
cc: State Part C Coordinator
(Grant Year 2020-2021—Issued June 23, 2022)
How the department made determinations
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Last modified on October 7, 2022