2022 SPP/APR and State Determination Letters PART C — Vermont

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 Jenney Samuelson Secretary Vermont Agency of Human Services 280 State Drive, Center Building Waterbury , Vermont 05671 Honorable Daniel French Secretary Vermont Agency of Education 1 National Life Drive, Davis 5 Montpelier, Vermont 05620 Dear Secretary Samuelson and Secretary French : 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 Vermont needs as sistance in meeting the requirements of Part C 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 Stat e-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 impacted indicator: (1) the impac t 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 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 COVI D-19. Your State’s 2022 determination is based on the data reflected in the State’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 scorin g on Compliance Indicators and other compliance factors; Page 2—Lead Agency Director (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) th e State’s Determination. 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 specifics of the determination procedures and criteria are set forth in the HTDMD and reflected in the RDA Matrix for your State.) 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 i n 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 Outcomes 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 -ye ar 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 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 imple ment 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 Page 3—Lead Agency Director 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 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 11, the OSEP Response to the indicator and any actions that the State is 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 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) the State’s RDA Matrix; (2) the HTDMD document; (3) a spreadsheet entitled “20 22 Data Rubric Part C,” which shows how OSEP calculated the State’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 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 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. As a reminder, your State must report annually to the public, by posting on the State lead agency’s website, on the per formance of each early intervention service ( EIS) program 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 EIS program performance against targets in the State’s SPP/APR; (2) determine if each EIS program “meets the requirements” of Part C, or “needs assistance,” “needs intervention,” or “needs substantial intervention” in implementing Part C of the IDEA ; (3) take approp riate enforcement action; and (4) inform each EIS program of its determination. Further, your State must make its SPP/APR available to the public by posting it on the State lead agency’s website. 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. Page 4—Lead Agency Director OSEP appreciates the State’s efforts to improve results for infants and toddlers with disabilities and their families 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 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