2023 SPP/APR and State Determination Letters, Part B — Maine
2023 SPP/APR and State Determination Letters, Part B — Maine
PDF2023 SPP/APR Submission, Part B — Maine
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2023 SPP/APR and State Determination Letters, Part B — Maine
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 S TATES D EPARTMENT OF E DUCATION
O FFICE OF S PECIAL E DUCATION AND R EHABILITATIVE S ERVICES
J une 23 , 20 2 3
Honorable Pender Makin
Commissioner of Education
Maine Department of Education
23 Stat e House Station
Augusta , ME 04333
Dear Commissioner Makin :
I am writing to advise you of the U.S. Department of Education ’ s (Department) 202 3
determination under S ection 616 of the Individuals with Disabilities Education Act (IDEA ). The
Department has determined that Maine needs assistance in implementing the requirements of
Part B of the IDEA . This determination is base d on the totality of the State’s data and
information, including th e Federal fiscal year (FFY) 20 2 1 State Performance Plan/An nual
Performance Report (SPP/APR), other State - reported data, and other publicly available
information.
Your State’s 202 3 determina tion is based on the dat a reflected in the State’s “ 202 3 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.
The RD A 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 2023:
P art B ” (HTDMD).
The Office of Special Education Programs ( OSEP ) is continuing to use both results data and
compliance data in making determinations in 202 3 , as it did for Part B determinations in 201 4 -
202 2 . (The specific s of the determination procedures and criteria are set forth in the HTDMD
document and reflected in the RDA Matrix for your State.) In maki ng Part B determinations in
202 3 , OSEP continued to use results data related to:
(1) the participation of children with disabilities (CWD) on Regular statewide assessments ;
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(2) the participation and performance of CWD on the most recently administered (school
year 20 21 -20 22 ) National Assessment of Educational Progress (NAEP) ;1
(3) the percentage of CWD who graduated with a regular high school diploma; and
(4) the percentage of CWD who drop ped out.
Prior to issuing the 2023 determinations, the Department asked stakeholders for input regarding
how the Department might prioritize equity and improve results for infants, toddlers , children
and youth with disabilities . OSEP received input through a variety of sources . For its 2023
determinations, OSEP has factored only programmatic (not Department -wide) specific
conditions when scoring the Longstanding Noncompliance element of the Compliance Matrix.
Also, while Indicator 4B (significant discrepancy, by race or ethnicity, in rates of suspension and
expulsion for children with disabilities ) continued to be a factor in each St ate’s 2023 Compliance
Matrix, no State’s 2023 determination was negatively impacted solely due to its Indicator 4B
data.
For 2024 and beyond, the Department is considering the weight of existing as well as potential
additional factors in making its determ inations as part of its continuing effort to prioritize equity
and improve results for infants, toddlers , children and youth with disabilities . Potential additional
factors include how the Department considers assessment data, such as whether to continue
including data on the participation and proficiency of CWD on the NAEP and/or whether to
include data on the proficiency of CWD on Statewide assessments. Other potential factors
include whether and how to consider child find under Indicators C -5 and C -6 and /or other
longstanding noncompliance ( such as unresolved findings issued by OSEP during and prior to
FFY 2020).
Starting with the 2022 -23 data submitted to EDFacts, States will submit the majority of the
IDEA Section 618 data collections (i.e., Part B Chi ld Count and Educational Environments, Part
B Personnel, Part B Exiting, Part B Discipline, and Part B Assessment) via the new EDPass
system. The Part B Dispute Resolution and the Part B Maintenance of Effort Reduction and
Coordinated Early intervening Ser vices data will continue to be submitted by States via EMAPS.
The 2022 -23 IDEA Section 618 Part B data will continue to prepopulate the Part B SPP/APR
Indicators 3, 5, and 6 as they have in the past. However, p lease note that there will be changes to
the d ata submission and data quality processes associated with the 2022 -23 IDEA Section 618
Part B data under EDFacts Modernization. Under EDFacts Modernization, States are expected to
submit high -quality IDEA Section 618 Part B data that can be published and u sed by the
Department as of the due date for the applicable IDEA Section 618 data submission . Starting
with the 2022 -23 IDEA Section 618 Part B data, States will be expected to conduct data quality
reviews prior to the applicable due date. OSEP will expect States to take one of the following
two actions for all business rules that are triggered in the EDPass or EMAPS system prior to the
applicable due date: 1) revise the uploaded data to address the edit; or 2) provide a data note
1 For the 2023 determinations, OSEP is using results data on the participation and performance of children with disabilities on the
NAEP for the 50 States , the District of Columbia, and Puerto Rico . Starting in 2023, OSEP is using the NAEP data in making
Puerto Rico’s determination (as indicated in the 2022 determination letters to States and Entities) . OSEP did not use NAEP data
in making the BIE’s 2023 determination because the NAEP data available for the BIE were not comparable to the NAEP data
available for the 50 States, the District of Columbia , and Puerto Rico; specifically, the most recently administered NAEP for the
BIE is 2019, whereas the most recently administered NAEP for the 50 States, the District of Columbia, and Puerto Rico is 2022 .
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addressing why the data su bmission triggered the business rule. Please note that States will be
unable to submit the IDEA Section 618 Part B data to the Department without taking one of
these two actions. There will not be a resubmission period for the IDEA Section 618 Part B data.
The 2022 -23 IDEA Section 618 Part B data submitted as of the applicable due date will be used
for the FFY 2022 SPP/APR and the 2024 IDEA Part B Results Matrix.
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 t ool 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 1 7, 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 fo llowing important documents saved as attachments:
(1) the State’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “ 202 3 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 20 21-20 22,” 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 202 3 determination is Needs Assistance . A State’s 202 3 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 three
IDEA Pa rt B grant awards (for FFYs 20 20 , 202 1, and 2 022), and those Speci fic Conditions are
in effect at the time of the 202 3 determination.
As a reminder, your State must report annually to the public, by posting on the Stat e educational
agency’s (SEA’s) webs ite, the performance of each local educational agency (LEA) located in
the State on the tar gets in the SPP/APR as soon as practicable, but no later than 120 days after
the St ate’s submission of its FFY 20 21 SPP/APR. In addition, your State must:
(1) review LEA performance against targets in the State’s SPP/APR;
(2) determine if each LEA “meets the req uirements” 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 S PP/APR available to the public by pos ting it on the SEA’s
web site. Within the upcoming weeks, OSEP will be finalizing a State Profile that:
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(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 thei r 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,
/s/
Valerie Williams
Director
Office of Special Education Programs
cc: State Director of Spec ial Education
(Grant Year 2021–2022 — Issued June 23, 2023)
How the department made determinations
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Last modified on August 17, 2023