# Table B -- Part B -- Virgin Islands

# Previously Identified Issues 

+------------------+-----------------+-----------------+---------------+
| Issue            | State           | OSEP Analysis   | Required      |
|                  | Submission      |                 | Action        |
+==================+=================+=================+===============+
| General          |                 |                 |               |
| Background: On   |                 |                 |               |
| December 10,     |                 |                 |               |
| 1999, the Virgin |                 |                 |               |
| Islands          |                 |                 |               |
| Department of    |                 |                 |               |
| Education (VIDE) |                 |                 |               |
| entered into a   |                 |                 |               |
| three-year       |                 |                 |               |
| Compliance       |                 |                 |               |
| Agreement with   |                 |                 |               |
| the United       |                 |                 |               |
| States           |                 |                 |               |
| Department of    |                 |                 |               |
| Education (ED),  |                 |                 |               |
| Office of        |                 |                 |               |
| Special          |                 |                 |               |
| Education        |                 |                 |               |
| Programs that    |                 |                 |               |
| set forth        |                 |                 |               |
| commitments and  |                 |                 |               |
| timetables for   |                 |                 |               |
| the VIDE to      |                 |                 |               |
| demonstrate      |                 |                 |               |
| compliance with  |                 |                 |               |
| certain Part B   |                 |                 |               |
| obligations. The |                 |                 |               |
| Compliance       |                 |                 |               |
| Agreement        |                 |                 |               |
| outlined the     |                 |                 |               |
| specific         |                 |                 |               |
| activities and   |                 |                 |               |
| requirements in  |                 |                 |               |
| the following    |                 |                 |               |
| areas: timely    |                 |                 |               |
| evaluations,     |                 |                 |               |
| eligibility      |                 |                 |               |
| determinations   |                 |                 |               |
| and              |                 |                 |               |
| individualized   |                 |                 |               |
| education        |                 |                 |               |
| programs (IEPs)  |                 |                 |               |
| in accordance    |                 |                 |               |
| with 34 CFR      |                 |                 |               |
| §§300.320-321    |                 |                 |               |
| and              |                 |                 |               |
| §§300.340-350;   |                 |                 |               |
| the provision of |                 |                 |               |
| free appropriate |                 |                 |               |
| public education |                 |                 |               |
| (FAPE) in        |                 |                 |               |
| accordance with  |                 |                 |               |
| 34 CFR           |                 |                 |               |
| §§300.300,       |                 |                 |               |
| 300.24, 300.26,  |                 |                 |               |
| 300.29, and      |                 |                 |               |
| 300.347(b)(1)    |                 |                 |               |
| and (2); least   |                 |                 |               |
| restrictive      |                 |                 |               |
| environment      |                 |                 |               |
| (LRE) in         |                 |                 |               |
| accordance with  |                 |                 |               |
| 34 CFR           |                 |                 |               |
| §§300.550-.556;  |                 |                 |               |
| ensuring         |                 |                 |               |
| sufficient       |                 |                 |               |
| qualified        |                 |                 |               |
| personnel in     |                 |                 |               |
| accordance with  |                 |                 |               |
| 34 CFR §§300.23, |                 |                 |               |
| 300.136(g), and  |                 |                 |               |
| 300.382(h);      |                 |                 |               |
| dispute          |                 |                 |               |
| resolutions,     |                 |                 |               |
| including formal |                 |                 |               |
| written          |                 |                 |               |
| complaints,      |                 |                 |               |
| mediation and    |                 |                 |               |
| due process      |                 |                 |               |
| hearings, in     |                 |                 |               |
| accordance with  |                 |                 |               |
| 34 CFR           |                 |                 |               |
| §§300.660-662,   |                 |                 |               |
| 300.506, and     |                 |                 |               |
| 300.507-.514;    |                 |                 |               |
| policies and     |                 |                 |               |
| procedures and   |                 |                 |               |
| monitoring, in   |                 |                 |               |
| accordance with  |                 |                 |               |
| 34 CFR           |                 |                 |               |
| §§300.141,       |                 |                 |               |
| 300.556, and 20  |                 |                 |               |
| U.S.C.           |                 |                 |               |
| §1232d(b)(3). In |                 |                 |               |
| addition, the    |                 |                 |               |
| issue of fiscal  |                 |                 |               |
| accountability   |                 |                 |               |
| was also         |                 |                 |               |
| addressed under  |                 |                 |               |
| a 2002           |                 |                 |               |
| Compliance       |                 |                 |               |
| Agreement to     |                 |                 |               |
| address issues   |                 |                 |               |
| that cut across  |                 |                 |               |
| various ED grant |                 |                 |               |
| programs and the |                 |                 |               |
| various Virgin   |                 |                 |               |
| Islands'         |                 |                 |               |
| agencies with    |                 |                 |               |
| responsibility   |                 |                 |               |
| for the          |                 |                 |               |
| administration   |                 |                 |               |
| of such          |                 |                 |               |
| programs.        |                 |                 |               |
| Despite          |                 |                 |               |
| significant      |                 |                 |               |
| progress in some |                 |                 |               |
| areas, based     |                 |                 |               |
| upon the VIDE's  |                 |                 |               |
| reporting,       |                 |                 |               |
| including the    |                 |                 |               |
| Annual           |                 |                 |               |
| Performance      |                 |                 |               |
| Reports and      |                 |                 |               |
| OSEP's onsite    |                 |                 |               |
| and verification |                 |                 |               |
| reviews, some of |                 |                 |               |
| the above areas  |                 |                 |               |
| have continued   |                 |                 |               |
| to be areas of   |                 |                 |               |
| concern because  |                 |                 |               |
| the VIDE has     |                 |                 |               |
| been unable to   |                 |                 |               |
| demonstrate full |                 |                 |               |
| compliance. Most |                 |                 |               |
| recently, the    |                 |                 |               |
| Special          |                 |                 |               |
| Conditions       |                 |                 |               |
| attached to the  |                 |                 |               |
| FFY 2005 Part B  |                 |                 |               |
| grant award to   |                 |                 |               |
| the VIDE         |                 |                 |               |
| included         |                 |                 |               |
| reporting        |                 |                 |               |
| requirements     |                 |                 |               |
| specifically     |                 |                 |               |
| addressing:      |                 |                 |               |
| timely           |                 |                 |               |
| reevaluations;   |                 |                 |               |
| early childhood  |                 |                 |               |
| transition from  |                 |                 |               |
| Part C to Part   |                 |                 |               |
| B; and State     |                 |                 |               |
| (Territory) and  |                 |                 |               |
| district-wide    |                 |                 |               |
| assessments.     |                 |                 |               |
| Finally, the     |                 |                 |               |
| VIDE's ability   |                 |                 |               |
| to exercise      |                 |                 |               |
| general          |                 |                 |               |
| supervision has  |                 |                 |               |
| been an on-going |                 |                 |               |
| concern.         |                 |                 |               |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 3   | On page 12 of   | The VIDE's plan | The VIDE's    |
|                  | the SPP, the    | to address the  | progress      |
| Noncompliance by | VIDE indicated  | noncompliance   | report under  |
| the Virgin       | that the        | related to      | the Special   |
| Islands          | Territory-wide  | district-wide   | Conditions in |
| Department of    | assessment      | assessments     | the           |
| Education (VIDE) | (VITAL) was     | seems           | Territory's   |
| with the         | administered    | reasonably      | FFY 2005      |
| requirements at  | for the         | calculated to   | grant award   |
| 34 CFR           | 2004-2005       | address         | is due by     |
| §                | school year and | participation   | June 30,      |
| 300.138-§300.139 | that "\[b\]y    | by children     | 2006. The     |
| and 20 U.S.C.    | June 30, 2006,  | with            | VIDE must     |
| 1412(a)(16) was  | the VIDE will   | disabilities in | ensure        |
| cited as part of | provide         | such            | compliance    |
| the Special      | documentation   | assessments.    | with the      |
| Conditions       | on how it has   | However, the    | requirements  |
| attached to the  | reported to the | VIDE also must  | of 34 CFR     |
| VIDE's Part B    | public on the   | demonstrate     | §300.138-     |
| grant for FFY    | participation   | that it is      | §300.139 and  |
| 2005; in OSEP's  | of children     | ensuring        | 20 U.S.C.     |
| March 3, 2005    | with            | appropriate     | 1412(a)(16)   |
| FFY 2002 APR     | disabilities on | reporting to    | and           |
| response letter; | the             | the public on   | demonstrate   |
| in OSEP's        | Territory-wide  | the             | this in their |
| October 5, 2005  | assessments,    | participation   | data          |
| verification     | including       | and performance | submission.   |
| visit letter;    | alternate       | of children     | Failure to    |
| and in OSEP's    | assessments."   | with            | demonstrate   |
| November 16,     |                 | disabilities on | compliance    |
| 2005 FFY 2003    | The VIDE also   | both            | with this     |
| APR response     | reported that   | Territory-wide  | requirement   |
| letter. These    | it will require | assessments and | in the final  |
| documents are    | districts to    | district-wide   | Progress      |
| incorporated by  | submit a plan   | assessments.    | Report will   |
| reference.       | to comply with  |                 | result in the |
|                  | 34 CFR          | In the          | Territory's   |
| Most recently,   | §§              | Workbook, the   | continued     |
| OSEP's November  | 300.138-300.139 | VIDE proposed   | status as a   |
| 16, 2005 letter  | as related to   | to engage in a  | "high risk"   |
| noted that the   | district-wide   | number of       | grantee       |
| FFY 2005 Special | assessments     | related         | and/or        |
| Conditions       | and, by June    | activities      | otherwise     |
| require the VIDE | 30, 2006, will  | intended to     | affect the    |
| to submit a      | provide         | address         | Territory's   |
| report, as soon  | documentation   | assessment data | FFY 2006      |
| as possible, but | to OSEP that    | validity and    | grant award.  |
| no later than    | districts have  | reliability.    |               |
| June 30, 2006,   | complied.       | However, these  | In the APR,   |
| demonstrating    |                 | were not        | due February  |
| that all         | The VIDE        | clearly         | 1, 2007, the  |
| children with    | indicated that, | c               | VIDE must     |
| disabilities are | by February     | ross-referenced | also submit   |
| included in      | 2006, the       | in the SPP.     | data and, as  |
| general State    | districts are   |                 | appropriate,  |
| (Territory) and  | required to     | Because the     | revised       |
| district-wide    | submit          | VIDE is only    | targets based |
| assessment       | approvable      | beginning to    | upon that     |
| programs         | plans to ensure | implement       | data. The     |
| including the    | compliance with | Territory-wide  | VIDE should   |
| provision of     | this            | assessments,    | review the    |
| appropriate      | requirement.    | complete        | activities in |
| accommodations   | The districts   | baseline data   | the SPP and   |
| and alternate    | are required to | and targets are | must revise   |
| assessments, as  | submit a list   | pending. In     | the SPP, at a |
| appropriate.     | of students     | addition, with  | minimum, to   |
|                  | with            | respect to      | include a     |
| Additionally, by | disabilities    | Indicator 3A,   | cr            |
| June 30, 2006,   | who will take   | OSEP notes that | oss-reference |
| the VIDE is      | district-wide   | the VIDE is in  | to the        |
| required to      | assessments     | a statistically | activities in |
| provide          | with or without | unique position | the Workbook. |
| documentation on | accommodations  | because there   |               |
| how it has       | and a list of   | are only two    |               |
| reported to the  | students who    | school          |               |
| public on the    | will take       | districts.      |               |
| participation    | alternate       | Therefore, the  |               |
| and performance  | assessments.    | only possible   |               |
| of children with | The VIDE        | percentages     |               |
| disabilities on  | indicated       | demonstrating   |               |
| the              | monitoring      | improvement in  |               |
| Territory-wide   | activities will | the percentage  |               |
| assessments      | be conducted to | of districts    |               |
| including        | ensure          | meeting AYP are |               |
| alternate        | districts are   | 50% and 100%.   |               |
| assessments.     | administering   |                 |               |
|                  | the assessments |                 |               |
| The VIDE also    | consistent with |                 |               |
| was required to  | the plans.      |                 |               |
| submit with the  |                 |                 |               |
| SPP, a           | The VIDE also   |                 |               |
| description of   | indicated that  |                 |               |
| the measures it  | the ultimate    |                 |               |
| was taking to    | participation   |                 |               |
| ensure           | target will be  |                 |               |
| compliance with  | 95% and that    |                 |               |
| the requirements | additional data |                 |               |
| related to       | for this        |                 |               |
| district-wide    | Indicator would |                 |               |
| assessments.     | be available    |                 |               |
|                  | during the      |                 |               |
|                  | 2005-2006 SY    |                 |               |
|                  | consistent with |                 |               |
|                  | the VIDE        |                 |               |
|                  | Consolidated    |                 |               |
|                  | State           |                 |               |
|                  | Application     |                 |               |
|                  | Accountability  |                 |               |
|                  | Workbook        |                 |               |
|                  | (Workbook),     |                 |               |
|                  | dated September |                 |               |
|                  | 7, 2005.        |                 |               |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 4   | On page 22 of   | The VIDE        | The VIDE must |
|                  | the SPP, the    | submitted       | ensure that   |
| OSEP's March 3,  | VIDE reported   | baseline data   | this          |
| 2005 FFY 2002    | 50% \[1 of 2\]  | and information | noncompliance |
| APR response     | of the          | related to this | is corrected  |
| letter, OSEP's   | districts were  | indicator.      | and include   |
| October 5, 2005  | identified by   | Although the    | data in the   |
| verification     | the VIDE as     | small number of | APR, due      |
| visit letter,    | having a        | school          | February 1,   |
| and OSEP's       | significant     | districts       | 2007, that    |
| November 16,     | discrepancy in  | places the VIDE | demonstrates  |
| 2005 FFY 2003    | the rates of    | in a            | compliance    |
| APR response     | suspensions and | statistically   | with this     |
| letter raised    | expulsions of   | unique          | requirement.  |
| concerns about   | children with   | situation and   |               |
| the VIDE's       | disabilities    | because the     | The VIDE      |
| compliance with  | for greater     | VIDE is         | should review |
| 34 CFR §300.146. | than 10 days in | reporting that  | and, if       |
| These are        | a school year.  | one of its two  | necessary     |
| incorporated by  |                 | districts has a | revise, its   |
| reference. Most  | On page 23 of   | significant     | improvement   |
| recently, OSEP's | the SPP, the    | discrepancy, it | strategies    |
| November 2005    | VIDE included   | must also       | included in   |
| letter required  | improvement     | provide         | the SPP to    |
| the VIDE to      | strategies,     | documentation   | ensure they   |
| include a        | timelines and   | that it         | will enable   |
| determination of | resources.      | reviewed and,   | the VIDE to   |
| the percent of   |                 | if appropriate, | include data  |
| districts        |                 | revised         | in the APR,   |
| identified as    |                 | policies,       | that          |
| having a         |                 | procedures and  | demonstrates  |
| significant      |                 | practices to    | full          |
| discrepancy in   |                 | ensure          | compliance    |
| the rates of     |                 | compliance with | with this     |
| suspensions and  |                 | the             | requirement.  |
| expulsions of    |                 | requirements at | Failure to    |
| children with    |                 | 34 CFR §300.146 | demonstrate   |
| disabilities for |                 | regarding       | compliance at |
| greater than 10  |                 | suspension and  | that time may |
| days a school    |                 | expulsion       | affect OSEP's |
| year as required |                 | rates.          | determination |
| at 34 CFR        |                 |                 | of the        |
| §300.146.        |                 |                 | Territory's   |
|                  |                 |                 | status under  |
|                  |                 |                 | section       |
|                  |                 |                 | 616(d) of the |
|                  |                 |                 | IDEA.         |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 12  | The VIDE's      | The VIDE has    | Under the     |
|                  | December 2005   | not submitted   | Special       |
| Compliance with  | progress report | accurate and    | Conditions, a |
| the requirements | indicated that  | timely data     | final report  |
| at 34 CFR        | the LEAs        | under the       | demonstrating |
| §300.132 has     | submitted data  | progress        | full          |
| been a           | that contained  | reports         | compliance is |
| long-standing    | discrepancies   | required by the | due June 30,  |
| problem for the  | regarding the   | Special         | 2006 on the   |
| VIDE. It was     | provision of    | Conditions      | forms         |
| cited as part of | special         | related to      | provided by   |
| the 1999         | education and   | compliance with | OSEP.         |
| Compliance       | related         | the             |               |
| Agreement, in    | services for    | requirements of | Because this  |
| the Special      | children with   | 34 CFR          | is a          |
| Conditions       | disabilities    | §300.132.       | long-standing |
| attached to the  | transitioning   |                 | issue,        |
| VIDE's Part B    | from Part C to  | The VIDE        | failure to    |
| grant for FFY    | Part B and that | reported data   | demonstrate   |
| 2002, 2003,      | the LEAs did    | and information | compliance    |
| 2004, 2005, in   | not provide     | in the SPP that | will affect   |
| OSEP's March 3,  | revised and     | 82% of the 27   | the           |
| 2005 FFY 2002    | corrected data  | children        | Territory's   |
| APR response     | in a timely     | transitioning   | FFY 2006      |
| letter, in       | manner as       | from Part C to  | grant award,  |
| OSEP's October   | required by the | Part B had an   | and may       |
| 5, 2005          | VIDE. On May 3, | IEP in place    | include the   |
| verification     | 2006, VIDE      | and implemented | continuation  |
| visit letter,    | submitted the   | by their third  | of "high      |
| and in OSEP's    | February 15,    | birthday.       | risk"         |
| November 16,     | 2006 progress   | However, due to | designation   |
| 2005 FFY 2003    | report as       | discrepancies   | or other      |
| APR response     | required by the | in the dates    | sanctions     |
| letter. These    | Special         | reported and    | available     |
| are incorporated | Conditions. The | the absence of  | under the     |
| by reference.    | data and        | progress data,  | law.          |
|                  | information     | OSEP could not  |               |
| Under the        | from the        | determine the   |               |
| Special          | progress report | accuracy of the |               |
| Conditions       | will be         | time frame for  |               |
| attached to the  | addressed       | the data or of  |               |
| FFY 2005 Part B  | separately.     | the data        |               |
| grant award, the |                 | itself.         |               |
| VIDE ensures     | The VIDE        | Further, the    |               |
| compliance with  | provided data   | VIDE has not    |               |
| the requirement  | and information | only failed to  |               |
| at 34 CFR        | on pages 43-44  | report as       |               |
| §300.132 that    | of the SPP that | required by the |               |
| eligible         | "for FFY 2005," | Special         |               |
| children with    | based upon      | Conditions, but |               |
| disabilities     | monthly         | it has not yet  |               |
| transitioning    | monitoring      | demonstrated    |               |
| from Part C to   | implemented in  | that it is      |               |
| Part B receive   | May 2005, 82%   | ensuring full   |               |
| special          | of children     | compliance with |               |
| education and    | referred by     | the requirement |               |
| related services | Part C prior to | at 34 CFR       |               |
| by their third   | age 3, who were | §300.132. That  |               |
| birthdays.       | found eligible  | is, simply      |               |
| Progress reports | for Part B, had | establishing a  |               |
| were due on      | an IEP          | monitoring      |               |
| December 1,      | developed and   | system is       |               |
| 2005, February   | implemented by  | insufficient to |               |
| 15, 2006 and a   | their third     | demonstrate     |               |
| final report on  | birthdays. The  | compliance with |               |
| June 30, 2006.   | VIDE stated     | this            |               |
|                  | that it "has    | requirement,    |               |
|                  | effectively met | therefore the   |               |
|                  | the             | VIDE must       |               |
|                  | requirements of | submit data and |               |
|                  | 34 CFR          | information to  |               |
|                  | §300.132" by    | demonstrate     |               |
|                  | implementing a  | that both LEAs  |               |
|                  | monitoring      | are in full     |               |
|                  | system.         | compliance with |               |
|                  |                 | this            |               |
|                  |                 | requirement.    |               |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 15  | On pages 93     | The data and    | For those     |
|                  | through 95 of   | information     | findings      |
| Compliance with  | the SPP, the    | submitted under | based upon    |
| the requirements | VIDE reported   | Indicator 15 in | current Part  |
| to establish a   | that, under     | the SPP and in  | B             |
| general          | Indicator 15A   | the progress    | requirements  |
| supervisory      | of the SPP, 57% | report          | or specific   |
| monitoring       | of the findings | demonstrates    | requirements  |
| system that      | of              | continued       | of the        |
| effectively      | noncompliance   | noncompliance   | Territory,    |
| identifies and   | related to      | in the areas of | the VIDE must |
| corrects         | monitoring      | identification  | submit data   |
| noncompliance in | priority areas  | and correction. | to            |
| a timely manner  | and indicators  |                 | demonstrate   |
| including the    | were corrected  | OSEP cannot     | correction of |
| implementation   | within one year | determine       | previous      |
| of complaint and | of              | whether the     | ly-identified |
| hearing          | identification. | proposed        | findings of   |
| decisions, as    | For Indicator   | monitoring plan | noncompliance |
| required at 34   | 15B, the VIDE   | is reasonably   | by June 30,   |
| CFR §300.600 and | reported that   | calculated to   | 2006. If a    |
| 20 U.S.C.        | 20% of the      | ensure          | finding is    |
| 1232d(b)(3) has  | findings of     | identification  | not           |
| been a           | noncompliance   | and timely      | corrected,    |
| long-standing    | related to      | correction of   | the VIDE must |
| challenge for    | areas not       | noncompliance   | report on the |
| the VIDE. It was | included in     | because VIDE    | sanctions, if |
| cited as part of | Indicator 15A   | did not         | any, that     |
| the 1999         | were corrected  | identify the    | will be       |
| Compliance       | within one year | Part B          | imposed. In   |
| Agreement, in    | of              | requirements or | addition, by  |
| OSEP's March 3,  | identification. | instruments it  | June 30,      |
| 2005 FFY 2002    | For Indicator   | will be using   | 2006, the     |
| APR response     | 15C, the VIDE   | for priority    | VIDE must     |
| letter, in       | reported that   | and nonpriority | submit its    |
| OSEP's October   | 88% of the      | areas. In       | monitoring    |
| 5, 2005          | findings of     | addition, it    | protocols     |
| verification     | noncompliance   | appears that    | including     |
| visit letter,    | identified      | the VIDE is not | checklists,   |
| and in OSEP's    | through other   | verifying       | self          |
| November 16,     | mechanisms were | correction of   | -assessments, |
| 2005 FFY 2003    | corrected       | the             | surveys and   |
| APR response     | within one year | noncompliance,  | verification  |
| letter. These    | of              | rather it       | procedures;   |
| are incorporated | identification. | determines the  | and the       |
| by reference.    |                 | implementation  | i             |
|                  | On November 9,  | of activities   | dentification |
| Under the 1999   | 2005, the VIDE  | that may, or    | of the        |
| Compliance       | submitted its   | may not, result | underlying    |
| Agreement and    | proposed plan   | in compliance.  | Part B        |
| the Special      | for monitoring. | Moreover, the   | requirements  |
| Conditions       | The plan        | VIDE has not    | being         |
| attached to the  | described a two | ensured timely  | monitored by  |
| VIDE's Part B    | part system     | correction in   | each          |
| grant for FFY    | that            | areas of        | instrument.   |
| 2002 and 2003,   | includes 1) a   | long-standing   | To the extent |
| the VIDE         | review of data  | noncompliance,  | that such     |
| established a    | submitted by    | including the   | documents     |
| monitoring       | the LEAs to     | imposition of   | remain under  |
| system, but OSEP | address         | sanctions.      | development,  |
| determined that  | reporting       |                 | the VIDE is   |
| the VIDE did not | requirements    | OSEP could not  | strongly      |
| consistently     | for section 618 | determine from  | encouraged to |
| implement that   | reports,        | the November    | work with its |
| system. OSEP's   | Special         | data and        | Regional      |
| March 3, 2005    | Conditions      | information on  | Resource      |
| FFY 2002 APR     | reports, the    | the status of   | Center and    |
| response letter, | Compliance      | correction and  | OSEP staff,   |
| noted that while | Agreement, due  | the SPP         | to ensure the |
| the VIDE's       | process hearing | submission, the | ap            |
| monitoring       | complaints,     | extent to which | propriateness |
| system was       | mediations,     | the corrective  | of these      |
| identifying some | formal state    | activities      | documents. If |
| noncompliance,   | complaints,     | implemented     | it has not    |
| the VIDE could   | Office for      | resulted in     | already done  |
| not demonstrate  | Civil Rights    | compliance.     | so, the VIDE  |
| that it was      | resolution      | That is, the    | must begin    |
| ensuring timely  | agreements and  | corrective      | implementing  |
| correction.      | the 1984 Nadine | actions were    | its tracking  |
| OSEP's October   | Jones class     | focused on      | chart and     |
| 5, 2005          | action consent  | procedures and  | submit it as  |
| verification     | decree; and 2)  | activities and  | part of its   |
| visit letter     | cyclical        | there was no    | June 30, 2006 |
| noted that       | monitoring      | reference to    | report.       |
| during OSEP's    | activities to   | the             |               |
| previous         | include site    | verification of | Failure to    |
| monitoring       | selection,      | specific        | demonstrate   |
| reviews          | review of 25    | correction,     | compliance in |
| (December 2000,  | student files,  | outcomes or     | its June 30,  |
| February 2002    | written notice  | results related | 2006          |
| and February     | of findings and | to compliance.  | submission    |
| 2003), VIDE      | corrective      | For example,    | may result in |
| presented a      | actions, and    | the findings    | the Territory |
| 5-year cyclical  | sanctions for   | that student    | being         |
| monitoring       | failure to      | files were      | identified as |
| process intended | implement       | lacking         | a "high risk" |
| to enable VIDE   | corrective      | documentation   | grantee or    |
| to monitor all   | actions. The    | of parental     | may otherwise |
| of its schools   | proposed        | consent and IEP | affect the    |
| and programs     | activities      | teams did not   | Territory's   |
| beginning in     | specifically    | include the     | FFY 2006      |
| 2000. Because of | identified six  | required        | grant award.  |
| staffing         | schools in St.  | personnel, the  |               |
| shortages, the   | Thomas/St. John | sole corrective |               |
| VIDE ceased its  | and five        | activity was    |               |
| cyclical         | schools in St.  | submission of   |               |
| monitoring       | Croix for       | revised         |               |
| process after    | monitoring by   | procedures.     |               |
| Cycle II and     | November 2005.  | There was no    |               |
| instead, for     | The VIDE also   | verification    |               |
| what would have  | identified four | through review  |               |
| been Cycle III,  | schools each in | of student      |               |
| implemented      | St. Thomas/St.  | records or      |               |
| interim          | John and St.    | staff           |               |
| monitoring       | Croix for       | interviews that |               |
| measures and     | monitoring by   | ensured the new |               |
| only conducted a | February 2006.  | procedures      |               |
| focused          | The VIDE        | resulted in     |               |
| monitoring       | proposed        | changed         |               |
| review of        | monitoring on   | practices and   |               |
| extended school  | the Indicators  | demonstrated    |               |
| year services    | in the State    | compliance.     |               |
| and compensatory | Performance     | That is, these  |               |
| education during | Plan, but did   | revised         |               |
| the summer of    | not specify how | procedures are  |               |
| 2003. Although   | this would      | insufficient to |               |
| this review was  | occur.          | demonstrate     |               |
| completed and    |                 | compliance.     |               |
| the VIDE         | On pages 55     | VIDE needs to   |               |
| reported in its  | through 69 of   | determine       |               |
| FFY 2002 APR     | the SPP, the    | whether the new |               |
| that a "final    | VIDE provided a | procedures have |               |
| monitoring       | more detailed,  | resulted in     |               |
| report" was      | but slightly    | correction of   |               |
| issued, the VIDE | differing,      | the             |               |
| acknowledged it  | description of  | noncompliance   |               |
| did not issue a  | its two-part    | by utilizing    |               |
| written report   | monitoring plan | such methods as |               |
| of findings of   | and activities. | reviewing a     |               |
| noncompliance,   | The description | sample of       |               |
| but rather       | of the first    | student records |               |
| identified       | part includes   | or conducting   |               |
| strengths,       | monthly or      | staff           |               |
| weaknesses and   | quarterly       | interviews. In  |               |
| areas for        | reporting on    | addition, some  |               |
| improvement for  | child count, on | of the previous |               |
| both LEAs. OSEP  | the "provision  | Cycle II        |               |
| concluded that   | of special      | findings        |               |
| the interim      | pr              | included        |               |
| measures were    | ocess/mediation | provisions that |               |
| not an           | requests," and  | do not appear   |               |
| appropriate      | as required     | to be based     |               |
| monitoring       | under the       | upon Part B     |               |
| system and       | Special         | requirements or |               |
| required that    | Conditions.     | are no longer   |               |
| the VIDE submit  | Additionally,   | Part B          |               |
| a plan for       | the Goalview    | requirements    |               |
| implementing an  | data system     | because they    |               |
| appropriate      | would be used   | were not part   |               |
| monitoring       | to generate     | of the          |               |
| system and       | data on the     | Individuals     |               |
| documentation    | timeliness of   | with            |               |
| that             | IEPs, triennial | Disabilities    |               |
| previ            | evaluations,    | Education       |               |
| ously-identified | duplicate       | Improvement Act |               |
| noncompliance in | student records | of 2004, which  |               |
| the prior cycle  | and general     | amended the     |               |
| and the areas of | education       | Individuals     |               |
| extended school  | placements. The | with            |               |
| year services    | description of  | Disabilities    |               |
| and compensatory | the second part | Education       |               |
| education had    | includes: 1) a  | Act.[^1] For    |               |
| been corrected.  | pre-visit       | example, under  |               |
|                  | conference and  | Part B, an LEA  |               |
| In addition,     | the explanation | is not required |               |
| OSEP concluded   | and scheduling  | to submit an    |               |
| that the VIDE's  | of on-site      | effective       |               |
| informal method  | visits, surveys | recruitment,    |               |
| of ensuring the  | and checklists; | retention and   |               |
| implementation   | 2) the review   | hiring plan.    |               |
| of corrective    | of ten percent  | While this may  |               |
| actions required | or at least 24  | be a related    |               |
| in complaint     | student         | requirement     |               |
| decisions,       | records,        | imposed by the  |               |
| mediation        | on-site visits, | Territory and   |               |
| agreements, and  | classroom       | also may be one |               |
| hearing          | observations,   | of the          |               |
| decisions was    | and interviews  | corrective      |               |
| ineffective.     | with district   | activities for  |               |
| OSEP also        | staff and       | failing to      |               |
| required the     | parents; 3)     | ensure the      |               |
| VIDE to submit a | written notice  | provision of    |               |
| plan to ensure   | of findings and | special         |               |
| that all such    | corrective      | education and   |               |
| corrective       | actions with a  | related         |               |
| actions were     | 30-day timeline | services, it is |               |
| implemented      | for completion; | not a specific  |               |
| including a      | and 4) the      | Part B          |               |
| method for       | initiation of   | requirement.    |               |
| tracking and     | sanctions by    |                 |               |
| monitoring the   | the State       | The VIDE's      |               |
| implementation   | Director of     | activities and  |               |
| of corrective    | Special         | tracking chart  |               |
| actions required | Education where | related to      |               |
| by complaint     | corrective      | Indicator 15C   |               |
| decisions,       | actions have    | appear          |               |
| mediation        | not been        | reasonably      |               |
| agreements and   | implemented.    | calculated to   |               |
| hearing          |                 | enable the VIDE |               |
| decisions and a  | The SPP         | to ensure       |               |
| copy of its      | indicates that, | implementation  |               |
| revised          | for 2004-2005,  | of corrective   |               |
| complaint logs,  | the VIDE had    | actions in a    |               |
| mediation and    | monitored three | timely manner.  |               |
| due process logs | schools in each |                 |               |
| that             | LEA and the     | However, as     |               |
| incorporated     | extended school | noted above,    |               |
| sufficient       | year and        | OSEP is         |               |
| information to   | compensatory    | concerned that  |               |
| allow the VIDE   | programs.       | the VIDE is not |               |
| to determine the | Additionally,   | ensuring timely |               |
| status of        | one school in   | correction and  |               |
| correction at    | each LEA was    | not imposing    |               |
| all times.       | also monitored  | sanctions for   |               |
|                  | in July 2004.   | long-standing   |               |
|                  | The VIDE also   | noncompliance.  |               |
|                  | reported that   |                 |               |
|                  | 12 schools      |                 |               |
|                  | would be        |                 |               |
|                  | monitored in    |                 |               |
|                  | November        |                 |               |
|                  | through         |                 |               |
|                  | December 2005   |                 |               |
|                  | and eight       |                 |               |
|                  | schools in      |                 |               |
|                  | February 2006.  |                 |               |
|                  | Finally, the    |                 |               |
|                  | SPP included a  |                 |               |
|                  | "Tracking       |                 |               |
|                  | Mechanism for   |                 |               |
|                  | Findings and    |                 |               |
|                  | Corrective      |                 |               |
|                  | Actions" that   |                 |               |
|                  | lists the       |                 |               |
|                  | following four  |                 |               |
|                  | components: 1)  |                 |               |
|                  | s               |                 |               |
|                  | elf-assessment; |                 |               |
|                  | 2) on-site      |                 |               |
|                  | visit; 3) data  |                 |               |
|                  | review; and 4)  |                 |               |
|                  | other. There    |                 |               |
|                  | was no          |                 |               |
|                  | information     |                 |               |
|                  | regarding the   |                 |               |
|                  | content of      |                 |               |
|                  | checklists or   |                 |               |
|                  | protocols.      |                 |               |
|                  |                 |                 |               |
|                  | As required,    |                 |               |
|                  | the submission  |                 |               |
|                  | also included a |                 |               |
|                  | status report   |                 |               |
|                  | on the findings |                 |               |
|                  | from the Cycle  |                 |               |
|                  | II monitoring   |                 |               |
|                  | and the areas   |                 |               |
|                  | of compensatory |                 |               |
|                  | education and   |                 |               |
|                  | extended school |                 |               |
|                  | year services.  |                 |               |
|                  | The VIDE        |                 |               |
|                  | identified      |                 |               |
|                  | numerous areas  |                 |               |
|                  | where specific  |                 |               |
|                  | activities had  |                 |               |
|                  | occurred and    |                 |               |
|                  | others where    |                 |               |
|                  | activities had  |                 |               |
|                  | not occurred    |                 |               |
|                  | and/or          |                 |               |
|                  | noncompliance   |                 |               |
|                  | persisted. The  |                 |               |
|                  | VIDE reported   |                 |               |
|                  | that no         |                 |               |
|                  | sanctions had   |                 |               |
|                  | been imposed in |                 |               |
|                  | areas of        |                 |               |
|                  | long-standing   |                 |               |
|                  | noncompliance.  |                 |               |
|                  |                 |                 |               |
|                  | As part of its  |                 |               |
|                  | submission, the |                 |               |
|                  | VIDE included   |                 |               |
|                  | activities and  |                 |               |
|                  | a tracking      |                 |               |
|                  | chart for the   |                 |               |
|                  | timely          |                 |               |
|                  | resolution of   |                 |               |
|                  | State           |                 |               |
|                  | complaints, due |                 |               |
|                  | process         |                 |               |
|                  | decisions and   |                 |               |
|                  | settlement      |                 |               |
|                  | agreements, to  |                 |               |
|                  | ensure the      |                 |               |
|                  | timely          |                 |               |
|                  | implementation  |                 |               |
|                  | of corrective   |                 |               |
|                  | actions \[see   |                 |               |
|                  | Indicator       |                 |               |
|                  | 15C\].          |                 |               |
+------------------+-----------------+-----------------+---------------+
| ## In            | On pages 71-72  | The VIDE        | OSEP looks    |
| dicator 16 (See  | of the SPP, the | provided data   | forward to    |
| also 15C, above) | VIDE reported   | that            | reviewing     |
|                  | that 92% of the | demonstrate     | data in the   |
| OSEP's November  | signed written  | continuing      | APR, due      |
| 16, 2005 APR     | complaints were | noncompliance   | February 1,   |
| review letter    | resolved within | with the        | 2007,         |
| required the     | the 60-day      | requirement     | demonstrating |
| Virgin Islands   | timeline or a   | regarding 34    | full          |
| to continue to   | timeline        | CFR             | compliance    |
| report on its    | extended for    | §300.661(a).    | with this     |
| progress toward  | exceptional     | The level of    | requirement.  |
| compliance with  | circumstances   | compliance      |               |
| the 60-day       | with respect to | reported was    |               |
| timeline for     | a particular    | 92%. While this |               |
| complaint        | complaint. The  | demonstrates    |               |
| resolution       | VIDE reported   | improvement, it |               |
| required by 34   | that one of the | does not        |               |
| CFR §300.661(a)  | 12 complaints   | demonstrate     |               |
| and to submit a  | was resolved    | full            |               |
| final report     | outside the     | compliance.     |               |
| demonstrating    | timeline and    |                 |               |
| compliance in    | one was held in |                 |               |
| April 2006.      | abeyance        |                 |               |
|                  | because it      |                 |               |
|                  | raised the same |                 |               |
|                  | issue as a due  |                 |               |
|                  | process hearing |                 |               |
|                  | request.        |                 |               |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 17  | The             | The VIDE        | OSEP looks    |
| (Also, see Indic | administrative  | provided the    | forward to    |
| ator 15C, above) | decision and    | hearing         | reviewing     |
|                  | order, dated    | decision and    | data in the   |
| OSEP's November  | April 27, 2005, | reported a 100% | APR, due      |
| 16, 2005 APR     | was submitted.  | level of        | February 1,   |
| review letter    |                 | compliance with | 2007,         |
| required the     | On page 83 of   | the requirement | demonstrating |
| VIDE to submit a | the SPP, the    | at 34 CFR       | continued     |
| copy of the      | VIDE reported   | §300.511. OSEP  | compliance    |
| final due        | 100% of due     | recognizes the  | with this     |
| process decision | process hearing | effort made by  | requirement.  |
| that was overdue | requests were   | the VIDE in     |               |
| at the time of   | fully           | working toward  |               |
| the February     | adjudicated     | compliance with |               |
| verification     | within a        | this            |               |
| visit.           | timeline that   | requirement.    |               |
|                  | was properly    |                 |               |
|                  | extended by the |                 |               |
|                  | hearing officer |                 |               |
|                  | at the request  |                 |               |
|                  | of either       |                 |               |
|                  | party.          |                 |               |
+------------------+-----------------+-----------------+---------------+
| ## Indicator 20  | On page 88 of   | Most recently,  | The VIDE      |
|                  | the SPP, the    | OSEP's November | should review |
| Compliance with  | VIDE indicated  | 16, 2005 letter | and, if       |
| the requirements | that the        | noted that the  | appropriate   |
| related to the   | Section 618     | VIDE was        | revise the    |
| collection and   | data was        | reporting       | strategies    |
| timely reporting | submitted in a  | significant     | and           |
| of accurate data | timely manner.  | data collection | activities    |
| has been a       | The VIDE noted  | and reporting   | for Indicator |
| long-standing    | concerns with   | needs in many   | 20 of the SPP |
| problem for the  | accuracy under  | areas of the    | and submit    |
| VIDE as cited in | Indicators 1,   | APR and         | any revisions |
| the 1999         | 3, and 4A.      | encouraged      | in the APR,   |
| Compliance       |                 | continued       | due February  |
| Agreement,       |                 | efforts to      | 1, 2007.      |
| OSEP's March 3,  |                 | access and      | Failure to    |
| 2005 FFY 2002    |                 | coordinate data | accurately    |
| APR response     |                 | with the School | report        |
| letter, OSEP's   |                 | Administrative  | information   |
| October 5, 2005  |                 | Student         | under         |
| verification     |                 | Information     | Indicator 20  |
| visit letter,    |                 | database and    | may affect    |
| and OSEP's       |                 | Goalview. OSEP  | OSEP's        |
| November 16,     |                 | emphasized the  | determination |
| 2005 FFY 2003    |                 | VIDE's need to  | of the        |
| APR response     |                 | carefully       | State's       |
| letter. These    |                 | consider its    | status under  |
| are incorporated |                 | current data    | section       |
| by reference.    |                 | collection      | 616(d) of the |
|                  |                 | against the     | IDEA.         |
|                  |                 | requirements    |               |
|                  |                 | related to      |               |
|                  |                 | these           |               |
|                  |                 | indicators.     |               |
|                  |                 |                 |               |
|                  |                 | On page 88 of   |               |
|                  |                 | the SPP, the    |               |
|                  |                 | VIDE indicated  |               |
|                  |                 | that the data   |               |
|                  |                 | for school year |               |
|                  |                 | 2004-2005 under |               |
|                  |                 | Section 618 and |               |
|                  |                 | the APR was     |               |
|                  |                 | timely. The     |               |
|                  |                 | VIDE did not    |               |
|                  |                 | specifically    |               |
|                  |                 | addressed the   |               |
|                  |                 | extent to which |               |
|                  |                 | previous        |               |
|                  |                 | concerns were   |               |
|                  |                 | fully addressed |               |
|                  |                 | but did include |               |
|                  |                 | numerous        |               |
|                  |                 | strategies.     |               |
|                  |                 |                 |               |
|                  |                 | As set out in   |               |
|                  |                 | Tables A and B, |               |
|                  |                 | the SPP         |               |
|                  |                 | submission      |               |
|                  |                 | contains        |               |
|                  |                 | problems or     |               |
|                  |                 | concerns with   |               |
|                  |                 | the data and    |               |
|                  |                 | information     |               |
|                  |                 | reported under  |               |
|                  |                 | Indicators 1,   |               |
|                  |                 | 3, and 4A. In   |               |
|                  |                 | addition, the   |               |
|                  |                 | new Indicators  |               |
|                  |                 | require         |               |
|                  |                 | additional data |               |
|                  |                 | collection and  |               |
|                  |                 | analysis due    |               |
|                  |                 | February 1,     |               |
|                  |                 | 2007.           |               |
+------------------+-----------------+-----------------+---------------+
| ##               | On December 2,  | OSEP is         | As soon as    |
| Special Conditio | 2005, the VIDE  | concerned that  | possible, but |
| ns - Triennial E | submitted data  | the reported    | by no later   |
| valuations: The  | and information | data and        | than June 30, |
| Special Conditio | with a cover    | information     | 2006, the     |
| ns attached to t | letter noting   | submitted by    | VIDE must     |
| he VIDE's Part B | "discrepancies  | the VIDE appear | eliminate the |
|  grant for FFY 2 | in the reports" | inconsistent.   | backlog of    |
| 005, noted that  | from the two    | However, both   | students not  |
| VIDE was to have | LEAs. The       | the December 2, | receiving a   |
|  eliminated the  | submitted       | 2005 submission | timely        |
| backlog of stude | report listed   | and the SPP     | triennial     |
| nts not receivin | information on  | submission      | evaluation    |
| g a timely trien | 103 students    | indicate that   | for those due |
| nial evaluation  | regarding       | there is        | after October |
| for those evalua | overdue         | continuing      | 1999. Under   |
| tions due after  | triennial       | noncompliance.  | the Special   |
| October 1999. In | evaluations,    | Based upon the  | Conditions,   |
|  its prior progr | with 37         | progress        | the VIDE must |
| ess report (May  | students        | report, it      | submit a      |
| 16, 2005), the V | identified for  | appears that    | report        |
| IDE reported a t | St. Croix and   | more than 70    | demonstrating |
| otal of 138 trie | 66 for St.      | students have   | full          |
| nnial evaluation | Thomas/St.      | overdue         | compliance by |
| s remaining. Of  | John. The       | reevaluations.  | no later than |
| this total 97 we | reporting dates | This indicates  | June 30,      |
| re for St. Croix | for St. Croix   | some progress   | 2006. The     |
|  and were schedu | and St.         | from the 138    | VIDE is       |
| led for completi | Thomas/St. John | previously      | strongly      |
| on between May 1 | were November   | reported.       | encouraged to |
| 6 and May 31, 20 | 19, 2005 and    | However, more   | authorize     |
| 05. The VIDE had | November 22,    | than 10         | LEAs to       |
|  not demonstrate | 2005,           | reevaluations   | utilize the   |
| d full complianc | respectively.   | were overdue by | previously    |
| e for the timely | The report      | two, three or   | proposed      |
|  provision of tr | identified some | four years, and | strategies of |
| iennial evaluati | students as     | some students   | conducting    |
| ons due after Oc | current but did | had not been    | reevaluations |
| tober 1999 and h | not supply the  | evaluated in    | on weekends   |
| ad to continue t | date of their   | the past five,  | or through    |
| o report on the  | most recent     | six or seven    | contractors,  |
| completion of th | triennial       | years.          | if necessary. |
| ose evaluations. | evaluation. The |                 |               |
|                  | VIDE reported   | In prior        |               |
| The Special      | that of the 66  | submissions and |               |
| Conditions       | students for    | on-site visits, |               |
| require that by  | St. Thomas/St.  | the VIDE        |               |
| no later than    | John there were | indicated that  |               |
| June 30, 2006,   | 28 students     | it would        |               |
| the VIDE must    | that were       | authorize the   |               |
| eliminate the    | current and 38  | LEAs to         |               |
| backlog of       | students who    | schedule        |               |
| students not     | still had       | reevaluations   |               |
| receiving a      | overdue         | and meetings on |               |
| timely triennial | triennial       | weekends and    |               |
| evaluation for   | evaluations\--  | contract with   |               |
| those due after  | with the        | outside         |               |
| October 1999.    | majority of     | evaluators.     |               |
| The VIDE is to   | those due to    | Based upon      |               |
| document         | staff           | OSEP's review   |               |
| progress in this | shortages. The  | of the          |               |
| area by          | data and        | reevaluation    |               |
| submitting data  | information     | dates submitted |               |
| reports and      | reported for    | for St.         |               |
| other relevant   | St. Croix was   | Thomas/St.      |               |
| documentation,   | not reported in | John, all       |               |
| as appropriate,  | a manner        | reevaluations   |               |
| on the following | consistent with | were dated on   |               |
| dates: December  | that reported   | one of four     |               |
| 1, 2005,         | for St.         | school days,    |               |
| February 15,     | Thomas/St.      | either May 27,  |               |
| 2006, June 30,   | John. It        | 2005, October   |               |
| 2006.            | appears that    | 25, 2005,       |               |
|                  | for St. Croix,  | November 10,    |               |
|                  | the date when   | 2005 or         |               |
|                  | the             | November 22,    |               |
|                  | reevaluation    | 2005.           |               |
|                  | was due, rather |                 |               |
|                  | than the date   |                 |               |
|                  | of the most     |                 |               |
|                  | current         |                 |               |
|                  | reevaluation,   |                 |               |
|                  | was provided.   |                 |               |
|                  | If this         |                 |               |
|                  | assumption is   |                 |               |
|                  | correct, it     |                 |               |
|                  | appears there   |                 |               |
|                  | were 35         |                 |               |
|                  | students with   |                 |               |
|                  | overdue         |                 |               |
|                  | reevaluations   |                 |               |
|                  | in St. Croix.   |                 |               |
|                  | The St. Croix   |                 |               |
|                  | report appears  |                 |               |
|                  | to indicate     |                 |               |
|                  | that 32 of      |                 |               |
|                  | those students  |                 |               |
|                  | were scheduled  |                 |               |
|                  | for             |                 |               |
|                  | reevaluations   |                 |               |
|                  | on November 28, |                 |               |
|                  | 29, and 30,     |                 |               |
|                  | 2005. For St.   |                 |               |
|                  | Thomas/St.      |                 |               |
|                  | John, the       |                 |               |
|                  | report          |                 |               |
|                  | indicated that  |                 |               |
|                  | nine students   |                 |               |
|                  | were unable to  |                 |               |
|                  | attend or were  |                 |               |
|                  | "no shows" for  |                 |               |
|                  | reevaluations   |                 |               |
|                  | scheduled prior |                 |               |
|                  | to or on        |                 |               |
|                  | November 22,    |                 |               |
|                  | 2005, the date  |                 |               |
|                  | of the report   |                 |               |
|                  | submission by   |                 |               |
|                  | the LEA.        |                 |               |
|                  |                 |                 |               |
|                  | On page 52 of   |                 |               |
|                  | the SPP, the    |                 |               |
|                  | VIDE included   |                 |               |
|                  | the following   |                 |               |
|                  | information:    |                 |               |
|                  |                 |                 |               |
|                  | > For the       |                 |               |
|                  | > December 1,   |                 |               |
|                  | > 2005          |                 |               |
|                  | > reporting     |                 |               |
|                  | > timeline the  |                 |               |
|                  | > St. Croix     |                 |               |
|                  | > District      |                 |               |
|                  | > reported that |                 |               |
|                  | > it had        |                 |               |
|                  | > completed a   |                 |               |
|                  | > total of 36   |                 |               |
|                  | > triennial     |                 |               |
|                  | > evaluations.  |                 |               |
|                  | > The St.       |                 |               |
|                  | > Thomas/St.    |                 |               |
|                  | > John District |                 |               |
|                  | > completed 28  |                 |               |
|                  | > triennial     |                 |               |
|                  | > evaluations   |                 |               |
|                  | > out of 66     |                 |               |
|                  | > overdue       |                 |               |
|                  | > triennial     |                 |               |
|                  | > evaluations   |                 |               |
|                  | > due after     |                 |               |
|                  | > October 1999. |                 |               |
|                  | > Seven         |                 |               |
|                  | > children did  |                 |               |
|                  | > not show for  |                 |               |
|                  | > the           |                 |               |
|                  | > evaluations.  |                 |               |
|                  | > 31            |                 |               |
|                  | > reevaluations |                 |               |
|                  | > are currently |                 |               |
|                  | > outstanding.  |                 |               |
|                  | > St. Croix     |                 |               |
|                  | > District      |                 |               |
|                  | > reported      |                 |               |
|                  | > completing 37 |                 |               |
|                  | > outstanding   |                 |               |
|                  | > triennial     |                 |               |
|                  | > evaluations.  |                 |               |
|                  | > Preliminary   |                 |               |
|                  | > review of the |                 |               |
|                  | > data has      |                 |               |
|                  | > identified    |                 |               |
|                  | > that the LEAs |                 |               |
|                  | > have not      |                 |               |
|                  | > eliminated    |                 |               |
|                  | > the backlog   |                 |               |
|                  | > of triennial  |                 |               |
|                  | > evaluations   |                 |               |
|                  | > due after     |                 |               |
|                  | > October 1999. |                 |               |
|                  | > Sanctions     |                 |               |
|                  | > will be       |                 |               |
|                  | > imposed, as   |                 |               |
|                  | > appropriate.  |                 |               |
|                  |                 |                 |               |
|                  | On May 3, 2006, |                 |               |
|                  | VIDE submitted  |                 |               |
|                  | the February    |                 |               |
|                  | 15, 2006        |                 |               |
|                  | progress report |                 |               |
|                  | as required by  |                 |               |
|                  | the Special     |                 |               |
|                  | Conditions. The |                 |               |
|                  | data and        |                 |               |
|                  | information     |                 |               |
|                  | from the        |                 |               |
|                  | progress report |                 |               |
|                  | will be         |                 |               |
|                  | addressed       |                 |               |
|                  | separately.     |                 |               |
+------------------+-----------------+-----------------+---------------+

[^1]: Although the VIDE may impose requirements that go beyond the IDEA,
    under Section 608, it must identify the rules, regulations, and
    policies not required under Part B and its regulations.