2022 SPP/APR and State Determination Letters PART C — Vermont
OSEP Response to SPP/APR
PDF2022 SPP/APR Submission PART C — Vermont
MS WORD (.docx)View PDF
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 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
(Grant Year 2020-2021—Issued June 23, 2022)
How the department made determinations
idea_file-template-default single single-idea_file postid-86018 wp-custom-logo wp-embed-responsive with-font-selector no-anchor-scroll footer-on-bottom animate-body-popup social-brand-colors hide-focus-outline link-style-standard has-sidebar content-title-style-normal content-width-normal content-style-boxed content-vertical-padding-show non-transparent-header mobile-non-transparent-header kadence-elementor-colors elementor-default elementor-kit-82278
Last modified on October 7, 2022