HOW THE DEPARTMENT MADE DETERMINATIONS INDIVIDUALS WITH DISABILITIES EDUCATION ACT IN 2017: PART B UNDER SECTION 616(D) OF THE

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1 HOW THE DEPARTMENT MADE DETERMINATIONS UNDER SECTION 616(D) OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT IN 2017: PART B

2 INTRODUCTION In 2017, the U.S. Department f Educatin (Department) is cntinuing t use bth results and cmpliance data in making a determinatin fr each State under sectin 616(d) f the Individuals with Disabilities Educatin Act (IDEA). We cnsidered the ttality f the infrmatin we have abut a State, including infrmatin related t the participatin f children with disabilities (CWD) n regular Statewide assessments; the participatin and perfrmance f CWD n the mst recently administered (schl year (SY) ) Natinal Assessment f Educatinal Prgress (NAEP); exiting data n CWD wh drpped ut and CWD wh graduated with a regular high schl diplma 1 ; the State s Federal fiscal year (FFY) 2015 State Perfrmance Plan/Annual Perfrmance Reprt (SPP/APR); infrmatin frm mnitring and ther public infrmatin, such as Department impsed Special Cnditins n the State s grant award under Part B; and ther issues related t State cmpliance with the IDEA. Belw is a detailed descriptin f hw the Office f Special Educatin Prgrams (OSEP) evaluated States data using the Results Driven Accuntability (RDA) Matrix. The RDA Matrix cnsists f: 1. a Cmpliance Matrix that includes scring n SPP/APR Cmpliance Indicatrs and ther cmpliance factrs; 2. a Results Matrix that includes scring n Results Elements; 3. a Cmpliance Scre and a Results Scre; 4. an RDA Percentage based n the Cmpliance Scre and the Results Scre; and 5. the State s Determinatin. The scring f each f the abve evaluatin criteria is further explained belw in the fllwing sectins: A Part B Cmpliance Matrix and Scring f the Cmpliance Matrix B Part B Results Matrix and Scring f the Results Matrix C RDA Percentage and 2017 Determinatin 1 When prviding exiting data under sectin 618 f the IDEA, States are required t reprt n the number f students wh exited an educatinal prgram thrugh receipt f a high schl diplma identical t that fr which students withut disabilities are eligible. These students met the same standards fr graduatin as thse students withut disabilities. As defined in 34 CFR (a)(3)(iv), the term regular high schl diplma des nt include an alternative degree that is nt fully aligned with the State s academic standards, such as a certificate r a general educatinal develpment credential (GED).

3 A. THE 2017 PART B COMPLIANCE MATRIX In making each State s 2017 determinatin, the Department used a Cmpliance Matrix, reflecting the fllwing data: 1. The State s FFY 2015 data fr Part B Cmpliance Indicatrs 4B, 9, 10, 11, 12, and 13 (including whether the State reprted valid and reliable data fr each indicatr); and whether the State demnstrated crrectin f all findings f nncmpliance it had identified in FFY 2014 under such indicatrs; 2. The timeliness and accuracy f data reprted by the State under sectins 616 and 618 f the IDEA; 3. The State s FFY 2015 data, reprted under sectin 618 f the IDEA, fr the timeliness f State cmplaint and due prcess hearing decisins; 4. Lngstanding Nncmpliance: The Department cnsidered: a. Whether the Department impsed Special Cnditins n the State s FFY 2016 IDEA Part B grant award and thse Special Cnditins are in effect at the time f the 2017 determinatin, and the number f years fr which the State s Part B grant award has been subject t Special Cnditins; and b. Whether there are any findings f nncmpliance identified in FFY 2013 r earlier by either the Department r the State that the State has nt yet crrected. Scring f the Cmpliance Matrix The Cmpliance Matrix indicates a scre f 0, 1, r 2, fr each f the cmpliance indicatrs in item ne abve and fr each f the additinal factrs listed in items tw thrugh fur abve. Using the cumulative pssible number f pints as the denminatr, and using as the numeratr the actual pints the State received in its scring under these factrs, the Cmpliance Matrix reflects a Cmpliance Scre, which is cmbined with the Results Scre t calculate the State s RDA Percentage and Determinatin. 3

4 Scring f the Matrix fr Cmpliance Indicatrs 4B, 9, 10, 11, 12, and 13 In the attached State specific 2017 Part B Cmpliance Matrix, a State received pints as fllws fr each f Cmpliance Indicatrs 4B, 9, 10, 11, 12, and 13 2 : Tw pints, if either: The State s FFY 2015 data fr the indicatr were valid and reliable, and reflect at least 95% 3 cmpliance (r, fr Indicatrs 4B, 9, and 10, reflect n greater than 5% cmpliance) 4 ; r The State s FFY 2015 data fr the indicatr were valid and reliable, and reflect at least 90% cmpliance (r, fr Indicatrs 4B, 9, and 10, reflect n greater than 10% cmpliance); and the State identified ne r mre findings f nncmpliance in FFY 2014 fr the indicatr, and has demnstrated crrectin f all findings f nncmpliance identified in FFY 2014 fr the indicatr. Such full crrectin is indicated in the matrix with a Y (fr yes ) in the Full Crrectin f Findings f Nncmpliance Identified in FFY 2014 clumn. 5 One pint, if the State s FFY 2015 data fr the indicatr were valid and reliable, and reflect at least 75% cmpliance (r, fr Indicatrs 4B, 9, and 10, reflect n greater than 25% cmpliance), and the State did nt meet either f the criteria abve fr tw pints. Zer pints, under any f the fllwing circumstances: The State s FFY 2015 data fr the indicatr reflect less than 75% cmpliance (r, fr Indicatrs 4B, 9, and 10, reflect greater than 25% cmpliance); r The State s FFY 2015 data fr the indicatr were nt valid and reliable; 6 r The State did nt reprt FFY 2015 data fr the indicatr. 7 2 A ntatin f N/A (fr nt applicable ) in the Perfrmance clumn fr an indicatr dentes that the indicatr is nt applicable t that particular State. The pints fr that indicatr are nt included in the denminatr fr the matrix. 3 In determining whether a State has met the 95% cmpliance criterin fr Indicatrs 11, 12, and 13, the Department will rund up frm 94.5% (but n lwer) t 95%. In determining whether a State has met the 90% cmpliance criterin fr these indictrs, the Department will rund up frm 89.5% (but n lwer) t 90%. In additin, in determining whether a State has met the 75% cmpliance criterin fr these indicatrs, the Department will rund up frm 74.5% (but n lwer) t 75%. Similarly, in determining whether a State has met the 5% cmpliance criterin fr Indicatrs 4B, 9, and 10, the Department will rund dwn frm 5.49% (but n higher) t 5%. In determining whether a State has met the 10% cmpliance criterin fr these indicatrs, the Department will rund dwn frm 10.49% (but n higher) t 10%. In additin, in determining whether a State has met the 25% cmpliance criterin fr these indicatrs, the Department will rund dwn frm 25.49% (but n higher) t 25%. The Department will als apply the runding rules t the cmpliance criteria fr 95% and 75% fr: (1) the timeliness and accuracy f data reprted by the State under sectins 616 and 618 f the IDEA; and (2) the State s FFY 2015 data, reprted under sectin 618 f the IDEA, fr the timeliness f State cmplaint and due prcess hearing decisins. 4 Fr Indicatrs 4B, 9, and 10, a very high level f cmpliance is generally at r belw 5%. 5 An N (fr n ) in that clumn dentes that the State has ne r mre remaining findings f nncmpliance identified in FFY 2014 fr which the State has nt yet demnstrated crrectin. An N/A (fr nt applicable ) in that clumn dentes that the State did nt identify any findings f nncmpliance in FFY 2014 fr the indicatr. 6 If a State s FFY 2015 data fr any cmpliance indicatr are nt valid and reliable, the matrix s indicates in the Perfrmance clumn, with a crrespnding scre f 0. The explanatin f why the State s data are nt valid and reliable is cntained in the OSEP Respnse t the State s FFY 2015 SPP/APR in GRADS If a State reprted n FFY 2015 data fr any cmpliance indicatr (unless the indicatr is nt applicable t the State), the matrix s indicates in the Perfrmance clumn, with a crrespnding scre f 0. 4

5 Scring f the Matrix fr Timely and Accurate State Reprted Data In the attached State specific 2017 Part B Cmpliance Matrix, a State received pints as fllws fr Timely and Accurate State Reprted Data 8 : Tw pints, if the OSEP calculated percentage reflects at least 95% cmpliance. One pint, if the OSEP calculated percentage reflects at least 75% and less than 95% cmpliance. Zer pints, if the OSEP calculated percentage reflects less than 75% cmpliance. Scring f the Matrix fr Timely State Cmplaint Decisins and Timely Due Prcess Hearing Decisins In the attached State specific 2017 Part B Cmpliance Matrix, a State received pints as fllws fr timely State cmplaint decisins and fr timely due prcess hearings, as reprted by the State under sectin 618 f the IDEA: Tw pints, if the State s FFY 2015 data were valid and reliable, and reflect at least 95% cmpliance. One pint, if the State s FFY 2015 data reflect at least 75% and less than 95% cmpliance. Zer pints, if the State s FFY 2015 data reflect less than 75% cmpliance. Nt Applicable (N/A), if the State s data reflect less than 100% cmpliance, and there were fewer than ten State cmplaint decisins r ten due prcess hearing decisins. Scring f the Matrix fr Lng Standing Nncmpliance (Includes Bth Uncrrected Identified Nncmpliance and Special Cnditins) In the attached State specific 2017 Part B Cmpliance Matrix, a State received pints as fllws fr the Lng Standing Nncmpliance cmpnent: Tw pints, if the State has: N remaining findings f nncmpliance identified, by OSEP r the State, in FFY 2013 r earlier; and N Special Cnditins n its FFY 2016 grant award that are in effect at the time f the 2017 determinatin. 8 OSEP used the Part B Timely and Accurate Data Rubric t award pints t States based n the timeliness and accuracy f their sectins 616 and 618 data. A cpy f the rubric is cntained in the OSEP Respnse t the State s FFY 2015 SPP/APR in GRADS360. On the first page f the rubric, entitled Part B Timely and Accurate Data SPP/APR Data, States are given ne pint fr each indicatr with valid and reliable data and five pints fr SPP/APRs that were submitted timely. The ttal pints fr valid and reliable SPP/APR data and timely submissin are added tgether t frm the APR Grand Ttal. On page tw f the rubric, the State s sectin 618 data is scred based n infrmatin prvided t OSEP n 618 data timeliness, cmpleteness, edit checks, and data ntes frm EDFacts. The percentage f Timely and Accurately Reprted Data is calculated by adding the 618 Data Grand Ttal t the APR Grand Ttal and dividing this sum by the ttal number f pints available fr the entire rubric. This percentage is inserted int the Cmpliance Matrix. 5

6 One pint, if either r bth f the fllwing ccurred: The State has remaining findings f nncmpliance identified, by OSEP r the State, in FFY 2013, FFY 2012, and/r FFY 2011, fr which the State has nt yet demnstrated crrectin (see the OSEP Respnse t the State s FFY 2015 SPP/APR in GRADS360 fr specific infrmatin regarding these remaining findings f nncmpliance); and/r The Department has impsed Special Cnditins n the State s FFY 2016 Part B grant award and thse Special Cnditins are in effect at the time f the 2017 determinatin. Zer pints, if either r bth f the fllwing ccurred: The State has remaining findings f nncmpliance identified, by OSEP r the State, in FFY 2010 r earlier, fr which the State has nt yet demnstrated crrectin (see the OSEP Respnse t the State s FFY 2015 SPP/APR in GRADS360 fr specific infrmatin regarding these remaining findings f nncmpliance); and/r The Department has impsed Special Cnditins n the State s last three (FFYs 2014, 2015, and 2016) IDEA Part B grant awards, and thse Special Cnditins are in effect at the time f the 2017 determinatin. 6

7 B. THE 2017 PART B RESULTS MATRIX In making each State s 2017 determinatin, the Department used a Results Matrix reflecting the fllwing data: 1. The percentage f furth grade CWD participating in regular Statewide assessments; 2. The percentage f eight grade CWD participating in regular Statewide assessments; 3. The percentage f furth grade CWD scring at basic 9 r abve n the NAEP; 4. The percentage f furth grade CWD included in NAEP testing; 5. The percentage f eighth grade CWD scring at basic r abve n the NAEP; 6. The percentage f eighth grade CWD included in NAEP testing; 7. The percentage f CWD exiting schl by drpping ut; and 8. The percentage f CWD exiting schl by graduating with a regular high schl diplma. The Results Elements fr participatin in regular Statewide assessments and participatin and perfrmance n the NAEP are scred separately fr reading and math. When cmbined with the exiting data, there are a ttal f furteen Results Elements. The Results Elements are defined as fllws: Percentage f CWD Participating in Regular Statewide Assessments This is the percentage f CWD, by grade (4 and 8) and subject (math and reading), wh tk regular Statewide assessments in SY with and withut accmmdatins. The numeratr fr this calculatin is the number f CWD participating with and withut accmmdatins n regular Statewide assessments in SY , and the denminatr is the number f all CWD participants and nnparticipants n regular and alternate Statewide assessments in SY , excluding medical emergencies. The calculatin is dne separately by grade (4 and 8) and subject (math and reading). (Data surce: EDFacts SY ; data extracted 4/17/17.) Percentage f CWD Scring Basic r Abve n the NAEP This is the percentage f CWD, nt including students with a Sectin 504 plan, by grade (4 and 8) and subject (math and reading), wh scred at r abve basic n the NAEP in SY (Data Surce: Main NAEP Data Explrer; data extracted 4/13/16.) Percentage f CWD Included in NAEP Testing This is the reprted percentage f identified CWD, by grade (4 and 8) and subject (math and reading), wh were included in the NAEP testing in SY (Data Surce: Main NAEP Data Explrer, 2015): 9 While the gal is t ensure that all CWD demnstrate prficient r advanced mastery f challenging subject matter, we recgnize that States may need t take intermediate steps t reach this benchmark. Therefre, we assessed the perfrmance f CWD using the Basic achievement level n the NAEP, which als prvided OSEP with the brader range f data needed t identify variatins in student perfrmance acrss States. Generally, the Basic achievement level n the NAEP means that students have demnstrated partial mastery f prerequisite knwledge and skills that are fundamental fr prficient wrk at each grade. 7

8 Inclusin rate fr 4 th and 8 th grade reading (see page 6): Inclusin rate fr 4 th and 8 th grade math (see page 6): Percentage f CWD Exiting Schl by Drpping Out This is a calculatin f the percentage f CWD, ages 14 thrugh 21, wh exited schl by drpping ut. The percentage was calculated by dividing the number f students ages 14 thrugh 21 served under IDEA Part B, reprted in the exit reasn categry drpped ut by the ttal number f students ages 14 thrugh 21 served under IDEA Part B, reprted in the five exit frm bth special educatin and schl categries (graduated with a regular high schl diplma, received a certificate, drpped ut, reached maximum age fr services, and died), then multiplying the result by 100. (Data surce: EDFacts SY ; data extracted 6/6/16) Percentage f CWD Exiting Schl by Graduating with a Regular High Schl Diplma This is a calculatin f the percentage f CWD, ages 14 thrugh 21, wh exited schl by graduating with a regular high schl diplma. The percentage was calculated by dividing the number f students ages 14 thrugh 21 served under IDEA Part B, reprted in the exit reasn categry graduated with a regular high schl diplma by the ttal number f students ages 14 thrugh 21 served under IDEA Part B, reprted in the five exit frm bth special educatin and schl categries (graduated with a regular high schl diplma, received a certificate, drpped ut, reached maximum age fr services, and died), then multiplying the result by 100. (Data surce: EDFacts SY ; data extracted 6/6/16.) Scring f the Results Matrix In the attached State specific 2017 Part B Results Matrix, a State received pints as fllws fr the Results Elements: A State s participatin rates n regular Statewide assessments were assigned scres f 2, 1 r 0 based n an analysis f the participatin rates acrss all States and whether a State administered an alternate assessment based n mdified academic achievement standards (AA MAAS). 10 Fr a State that did nt administer an AA MAAS, a scre f 2 was assigned if at least 90% f their CWD participated in the regular Statewide assessment; a scre f 1 if the participatin rate fr CWD was 80% t 89%; and a scre f 0 if the participatin rate fr CWD was less than 80%. Fr a State that administered an AA MAAS, a scre f 2 was assigned if the participatin rate f CWD was 70% r 10 In FFY 2015, in assessing the academic prgress f students with disabilities under Title I f the Elementary and Secndary Educatin Act (ESEA), sme States were permitted t develp and administer AA MAAS fr eligible students with disabilities, and t include Prficient and Advanced scres f students wh tk thse assessments in ESEA accuntability determinatins, prvided the number f thse scres at the district and state levels, separately, did nt exceed 2.0 percent f all students in the tested grades. States were als permitted t develp and administer alternate assessments based n alternate academic achievement standards fr students with the mst significant cgnitive disabilities, and t include Prficient and Advanced scres f students wh tk thse assessments in ESEA accuntability determinatins, prvided the number f thse scres at the district and state levels, separately, did nt exceed 1.0 percent f all students in the tested grades. 8

9 greater; a scre f 1 if the participatin rate f CWD was 60% t 69%; and a scre f 0 if the participatin rate f CWD was less than 60%. A State s NAEP scres (Basic and abve) were rank rdered; the tp third f States received a 2, the middle third f States received a 1, and the bttm third f States received a 0. A State s NAEP inclusin rate was assigned a scre f either 0 r 1 based n whether the State s NAEP inclusin rate fr CWD was higher than r nt significantly different frm the Natinal Assessment Gverning Bard [NAGB] gal f 85 percent. Standard errr estimates were reprted with the inclusin rates f CWD and taken int accunt in determining if a State s inclusin rate was higher than r nt significantly different frm the NAGB gal f 85 percent. A State s data n the percentage f CWD wh exited schl by drpping ut were rank rdered; the tp third f States (i.e., thse with the lwest percentage) received a scre f 2, the middle third f States received a 1, and the bttm third f States (i.e., thse with the highest percentage) received a 0. A State s data n the percentage f CWD wh exited schl by graduating with a regular high schl diplma were rank rdered; the tp third f States (i.e., thse with the highest percentage) received a scre f 2, the middle third f States received a 1, and the bttm third f States (i.e., thse with the lwest percentage) received a 0. The fllwing table identifies hw each f the Results Elements was scred: Results Elements RDA Scre= 0 RDA Scre= 1 RDA Scre= 2 Participatin Rate f 4th and 8th Grade CWD n Regular Statewide Assessments (reading and math, separately) < >=90 Participatin Rate f 4th and 8th Grade CWD n Regular Statewide Assessments fr States with AA MAAS (reading and math, separately) < >=70 Percentage f 4th grade CWD scring Basic r abve n reading NAEP <= >=32 Percentage f 8th grade CWD scring Basic r abve n reading NAEP <= >=36 Percentage f 4th grade CWD scring Basic r abve n math NAEP <= >=55 Percentage f 8th grade CWD scring Basic r abve n math NAEP <= >=29 Percentage f CWD Exiting Schl by Graduating with a Regular High Schl Diplma <= >=74 Percentage f CWD Exiting Schl by Drpping Out >= <=14 Percentage f 4th and 8th Grade CWD included in NAEP testing (reading r math): 1 pint if State s inclusin rate was higher than r nt significantly different frm the NAGB gal f 85%. 0 pints if less than 85%. 9

10 Using the cumulative pssible number f pints as the denminatr, and using as the numeratr the actual pints the State received in its scring under the Results Elements, the Results Matrix reflects a Results Scre, which is cmbined with the Cmpliance Scre t calculate the State s RDA Percentage and Determinatin. C. The RDA Percentage and Determinatin The State s RDA Percentage was calculated by adding 50% f the State s Results Scre and 50% f the State s Cmpliance Scre. The State s RDA Determinatin is defined as fllws: Meets Requirements A State s 2017 RDA Determinatin is Meets Requirements if the RDA Percentage is at least 80%, 11 unless the Department has impsed Special Cnditins n the State s last three (FFYs 2014, 2015, and 2016) IDEA Part B grant awards, and thse Special Cnditins are in effect at the time f the 2017 determinatin. Needs Assistance A State s 2017 RDA Determinatin is Needs Assistance if the RDA Percentage is at least 60% but less than 80%. A State wuld als be Needs Assistance if its RDA Determinatin percentage is 80% r abve, but the Department has impsed Special Cnditins n the State s last three (FFYs 2014, 2015, and 2016) IDEA Part B grant awards, and thse Special Cnditins are in effect at the time f the 2017 determinatin. Needs Interventin A State s 2017 RDA Determinatin is Needs Interventin if the RDA Percentage is less than 60%. Needs Substantial Interventin The Department did nt make a determinatin f Needs Substantial Interventin fr any State in In determining whether a State has met this 80% matrix criterin fr a Meets Requirements determinatin, the Department will rund up frm 79.5% (but n lwer) t 80%. Similarly, in determining whether a State has met the 60% matrix criterin fr a Needs Assistance determinatin discussed belw, the Department will rund up frm 59.5% (but n lwer) t 60%. 10