UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

June 20, 2019
Honorable Christina Kishimoto
Superintendent
Office of the Superintendent, Hawaii Department of Education
P.O. Box 2360
Honolulu, HI 96804
Dear Superintendent Kishimoto:
I am writing to advise you of the U. S. Department of Education’s (Department) 2019
determination under section 616 of the Individuals with Disabilities Education Act (IDEA). The
Department has determined that Hawaii needs assistance in implementing the requirements of
Part B of the IDEA. This determination is based on the totality of the State’s data and
information, including the Federal fiscal year (FFY) 2017 State Performance Plan/Annual
Performance Report (SPP/APR), other State-reported data, and other publicly available
information.
Your State’s 2019 determination is based on the data reflected in the State’s “2019 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
compliance 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 RDA 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 2019:
Part B” (HTDMD).
The Office of Special Education Programs (OSEP) is continuing to use both results data and
compliance data in making determinations in 2019, as it did for Part B determinations in 2014,
2015, 2016, 2017, and 2018. (The specifics of the determination procedures and criteria are set
forth in the HTDMD and reflected in the RDA Matrix for your State.) In making Part B
determinations in 2019, 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 2016-2017) National Assessment of Educational Progress (NAEP);
(3) the percentage of CWD who graduated with a regular high school diploma; and
(4) the percentage of CWD who dropped out.
The Secretary is considering modifying the factors the Department will use in making its
determinations in June 2020 as part of its continuing emphasis on results for children with
disabilities. Section 616(a)(2) of the IDEA requires that the primary focus of IDEA monitoring
must be on improving educational results and functional outcomes for all children with
disabilities, and ensuring that States meet the IDEA program requirements, with an emphasis on
those requirements that are most closely related to improving educational results for children
with disabilities.
The Part B proposed determinations process will include the same compliance factors as in past
years, with one addition. For the 2020 determinations, rather than weighting each compliance
factor equally, OSEP is considering assigning greater weight to those compliance factors most
directly related to improving results for children with disabilities. For the 2020 determinations
process we are also considering, as two additional results factors, State-reported data on:
preschool child outcomes and the State Systemic Improvement Plan (SSIP). Using preschool
outcomes for Part B determinations is consistent with the use of the early childhood outcomes
factor that has been used for Part C determinations since 2015. Use of this factor emphasizes the
importance of preschool outcomes in promoting later school success for students with
disabilities. The inclusion of the SSIP as a results factor in making determinations would
continue OSEP’s emphasis on incorporating a results-driven approach as States identify
evidence-based practices that lead to improved outcomes for children and youth with disabilities.
In addition, we are considering several changes to the results factors related to the participation
and performance of children with disabilities on assessments, including: (1) using Statewide
assessment results, rather than the NAEP performance data; (2) looking at year-to-year
improvements in Statewide assessment results and taking into account the full Statewide
assessment system, including alternate assessments; and (3) no longer comparing each State’s
assessment performance with that of other States. Finally, OSEP will be revisiting ways of
measuring improvement in the graduation rate of students with disabilities. As we consider
changes to how we use the data under these factors in making the Department’s 2020
determinations, OSEP will provide parents, States, entities, LEAs, and other stakeholders with an
opportunity to comment and provide input through OSEP’s Leadership Conference in July 2019
and other meetings.
You may access the results of OSEP’s review of your State’s SPP/APR and other relevant data
by accessing the SPP/APR module using your State-specific log-on information at
osep.grads360.org. When you access your State’s SPP/APR on the site, you will find, in
Indicators 1 through 16, 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 two places:
(1) actions related to the correction of findings of noncompliance are in the “OSEP
Response” section of the indicator; and
(2) any other actions that the State is required to take are in the “Required Actions” section
of the indicator.

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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) the State’s RDA Matrix;
(2) the HTDMD document;
(3) a spreadsheet entitled “2019 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 entitled “Dispute Resolution 2017-18,” 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 2019 determination is Needs Assistance. A State’s 2019 RDA
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 Special or Specific Conditions on the State’s last three IDEA Part B
grant awards (for FFYs 2016, 2017, and 2018), and those Specific Conditions are in effect at the
time of the 2019 determination.
The State’s determination for 2018 was also Needs Assistance. In accordance with section
616(e)(1) of the IDEA and 34 C.F.R. § 300.604(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;
(2) direct the use of State-level funds on the area or areas in which the State needs assistance;
or
(3) identify the State as a high-risk grantee and impose Special Conditions on the State’s
IDEA Part B grant award.
Pursuant to these requirements, the Secretary is advising the State of available sources of
technical assistance, including OSEP-funded technical assistance centers and resources at the
following website: https://osep.grads360.org/#program/highlighted-resources, and requiring the
State to work with appropriate entities. In addition, the State should consider accessing technical
assistance from other Department-funded centers such as the Comprehensive Centers with
resources at the following link: http://www2.ed.gov/programs/newccp/index.html. The Secretary
directs the State 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 the State to access technical assistance
related to those results elements and compliance indicators for which the State received a score
of zero. Your State must report with its FFY 2018 SPP/APR submission, due February 3, 2020,
on:
(1) the technical assistance sources from which the State received assistance; and
(2) the actions the State 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. § 300.606, your State must notify the
public that the Secretary of Education has taken the above enforcement actions, including, at a
minimum, by posting a public notice on its website and distributing the notice to the media and
through public agencies.
States were required to submit Phase III Year Three of the SSIP by April 1, 2019. OSEP
appreciates the State’s ongoing work on its SSIP and its efforts to improve results for students
with disabilities. We have carefully reviewed your submission and will provide feedback in the
upcoming weeks. Additionally, OSEP will continue to work with your State as it implements the
fourth year of Phase III of the SSIP, which is due on April 1, 2020.
As a reminder, your State must report annually to the public, by posting on the State educational
agency’s (SEA’s) website, the performance of each local educational agency (LEA) 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 2017 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 requirements” 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 SPP/APR available to the public by posting it on the SEA’s
website. Within the next several days, OSEP will be finalizing a State Profile that:
(1) will be accessible to the public;
(2) includes the State’s determination letter and SPP/APR, and all related State and OSEP
attachments; and
(3) can be accessed via a URL unique to your State, which you can use to make your
SPP/APR available to the public. We will provide you with the unique URL when it is
live.
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 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. OSEP conducted a monitoring visit in January 2019 and will issue a
separate letter summarizing the results of that visit.
Sincerely,

Laurie VanderPloeg
Director
Office of Special Education Programs
cc: State Director of Special Education