New York State Education Department  
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Part B Annual Performance Report
2002-2003

Children working in school

  Office of Vocational and Educational Services for Individuals with Disabilities  

Index:
Cluster Area IV

Cluster Area IV: Free Appropriate Education
in the Least Restrictive Environment

TABLE FAPE.I
Part B Annual Performance Report
Status of Program Performance

Note: Indicate with an asterisk (*) goals and indicators that are the same as the goals and indicators for students who are nondisabled.

 

   
 
Table FAPE.I Cluster Area IV: Free Appropriate Public Education in the Least Restrictive Environment
Question: Do all children with disabilities receive a free appropriate public education in the least restrictive environment that promotes a high quality education and prepares them for employment and independent living?

Probe
FAPE.I:

Is the percentage of children with disabilities, receiving special education, by race/ethnicity, significantly disproportionate to the percentage of children, by race/ethnicity, in the State's general student enrollment? For each particular disability category, is the percentage of children, by race/ethnicity, significantly disproportionate to the percentage of children, by race/ethnicity, in the State's general student enrollment? For each particular educational setting, is the percentage of children, by race/ethnicity, significantly disproportionate to the percentage of children, by race/ethnicity, in the State's general student enrollment?
State Goal: *

All students will meet high standards for academic performance and personal behavior and demonstrate the knowledge and skills required by a dynamic world.

  1. Students receiving special education services will meet high educational standards.

  2. Students with disabilities will be integrated with their nondisabled peers throughout their educational experience.

  3. Individuals with disabilities will participate successfully in postsecondary education.

Performance Indicator(s):
  • Increase the percentage of preschool students with disabilities receiving special education services in settings that include nondisabled children.
  • Classify fewer students as needing special education services.
  • Increase the percentage of school-age students with disabilities receiving services in general education buildings.
  • Increase the percentage of school-age students with disabilities receiving special education services in general class placements.
  1. Background/Trend Data:
    (for reporting period July 1, 2002 through June 30, 2003. Use Attachments 2 and 3 when completing this cell.):

New York State used the Chi-Square formula to determine significant disproportionality, based on race/ethnicity, in the identification and placement of students with disabilities. See Cluster I, General Supervision, Table GS.I, II, III - Chapter 405 initiative for details regarding our notification process.

  • Data on race/ethnicity according to relative difference of 20 percent in identification and placement of students with disabilities: (See Attachment 2).

  • Data on enrollment of students with disabilities by race/ethnicity compared with race/ethnicity of all students: (See Appendix 17c).

  • Data on race/ethnicity of students with disabilities by particular disabilities: (See Appendix 19).

  • Data on race/ethnicity of students with disabilities in particular settings: (See Appendix 20a).

  • Data on number of school districts identified for each Chapter 405 issue: (See Appendix 7).

  • Data on change in the number of school districts identified for placing disproportionate numbers of students, based on race/ethnicity, in more restrictive settings: (See Appendix 8).

  • Data on the size of the gap in identification of students, based on race/ethnicity, for special education compared to the percentage of each race/ethnicity in the total enrollment: (See Appendix 18).

  1. Targets
    (for reporting period July 1, 2002 through June 30, 2003):
  • All school districts whose data indicate significant disproportionality, based on race/ethnicity, in identification of students as disabled or in the identification of students by particular disabilities will be required to review their policies and procedures related to classification.
  • All school districts whose data indicate disproportionality, based on race/ethnicity, in placement of students with disabilities in any placement category will be required to review their policies and procedures regarding placement practices.
  1. Explanation of Progress or Slippage
    (for reporting period July 1, 2002 through June 30, 2003):

(See Cluster I, General Supervision - Explanation of Progress/Slippage - Chapter 405)

Information Dissemination

  • VESID provides materials on LRE/FAPE to families whose primary language is not English by providing special education publications in four different languages: Spanish, Russian, Chinese, and Haitian Creole.

  • The Parent's Guide and the Procedural Safeguards Notice were provided in four different languages for parents whose primary language is not English.

  • The Procedural Safeguards Notice which includes information on LRE and FAPE was revised in August 2003.

  • All policy memoranda developed were disseminated to school district personnel, parent networks, and training networks.

  • All policies were placed on the web and sent to groups and individuals on the VESID list serve.

Focused Reviews
Special Education Quality Assurance (SEQA) staff developed a new Quality Assurance Focused Review protocol designed to maximize the impact of a Quality Assurance (QA) review by focusing on only one Key Performance Indicator area (i.e., Achievement, LRE, Student Exiting/Transition) at a time. These QA reviews reflect a data driven collaborative process that focuses on outcomes and ensures timely corrective action. (See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V. for further information).

Regional Space Plans
(See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V. for further information).

Technical Assistance to Chapter 405 Districts
VESID provides technical assistance to address Chapter 405 problem areas through the Comprehensive System of Personnel Development (CSPD) planning process. The development of the CSPD plan is based on a thorough analysis of district and building data to determine needs, identify specific goals and outcomes in regard to student achievement, district performance and disproportionality, and identify benchmarks represented toward achieving identified goals. VESID provides technical assistance to address the Chapter 405 problem areas through the Special Education Training and Resource Center (SETRC) network, Regional School Support Centers (RSSC), Quality Assurance (QA) review process and regional training and technical assistance. The three levels of intervention for school districts identified for Chapter 405 issues include:

Targeted Technical Assistance: The issues in these districts were considered to be systemic in nature and not resolvable through technical assistance and regionally provided training alone. All targeted districts have an approved plan in place and continue to receive technical assistance for both the planning process and professional development through the RSSC and SETRC networks.

Regional Technical Assistance: These districts were required to address the resolution of the problem(s) in their CSPD plan and participate in regional training programs sponsored by the Department or through local sources. A sampling of the types of training provided at the regional level includes: pre-referral and intervention strategies, co-teaching models, systematic ways of examining data, reassessing assessment, and team building and parent training.

Self-Review: Similar to Regional Technical Assistance, these districts addressed the resolution of the problem(s) in the CSPD plan and implemented the plan with local and regional resources. The attainment of goals associated with the problem area(s) were documented in the CSPD plan as updated and revised annually with the support of the SETRC representative.

In 2002-03, VESID provided technical assistance to Chapter 405 Districts as follows:

  • Targeted Technical Assistance- 13 districts

  • Regional Technical Assistance-89 districts

  • Self-Review-251 districts

  • Total-353 districts

(See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V. for further information).

Joint Action Plan
Teacher shortages continue to have a significant impact upon issues related to the over-identification of students with disabilities and the disproportionate identification of students of ethnic/racial minorities. In collaboration with the New York City Department of Education (NYCDOE) and the New York State Education Department (NYSED), a Joint Action Plan was developed to assist in addressing issues around teacher shortages. The Action Plan involves multiple offices within VESID, the Office of the Professions, the Office of Teaching and the Office of Counsel. Many of the activities and strategies of the Action Plan have policy and program implications on a statewide basis, including legislative proposals to address shortages and statewide surveys of Institutes of Higher Education (IHE’s) with teacher preparation programs to assist in determining the current capacity of the IHE system to address teacher shortage areas. As a result, several initiatives have been implemented to begin addressing these issues.

(See Cluster I, General Supervision, Table GS.IV).

Disproportionality and Technical Assistance Plus (Data Plus)
A Request for Proposal (RFP) was developed calling for the provision of technical assistance to regional and State staff as well as to targeted districts around issues regarding disproportionality. A Proposal from the Metro Center for Urban Education at New York University in collaboration with RMC Research and Learning Innovations at West Ed was accepted to provide technical assistance to regional and State staff as well as to targeted districts regarding Chapter 405 issues of disproportionality. Delays in the contract process and revisions to the original proposal resulted in delays in the initiation of the project, originally scheduled to begin in the fall of 2003.

State Improvement Grant
New York’s State Improvement Grant (SIG) directs technical assistance, professional development and comprehensive planning services to designated districts in need of improvement based on key performance measures and disproportionality. VESID’s second year of implementation of the SIG was in 2002-03. During that period, the NYSED finalized the establishment of three regional SIG teams that were intended to provide levels of professional development to targeted districts, continued development of training modules associated with root cause associated with poor performance and disproportionality, and continued implementation of the Higher Education Support Center to foster impact on preservice education programs. The SIG Grant targets approximately 34 districts including the Big Five Cities. Each district receives an IDEA Discretionary Grant (not SIG Funds) of $50,000 per year for two years to support intensive professional development activities.

  1. Projected Targets
    (for next reporting period July 1, 2003 through June 30, 2004):
  • All school districts whose data indicate significant disproportionality, based on race/ethnicity, in identification of students as disabled or in the identification of students by particular disabilities will be required to review their policies and procedures related to classification.
  • All school districts whose data indicate disproportionality, based on race/ethnicity, in placement of students with disabilities in any placement category will be required to review their policies and procedures regarding placement practices.
  1. Future Activities
  2. Projected Timelines and Resources
    (for next reporting period July 1, 2003 through June 30, 2004 and on going):

(See Cluster I, General Supervision - Future Activities Chapter 405)

Information Dissemination
VESID will provide materials to families whose primary language is not English by providing special education publications in five different languages: Spanish, Russian, Chinese and Haitian Creole.

Focused Reviews
(See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V).

Regional Space Plans
Annual reports from each BOCES region will indicate the continued movement of students into integrated sites and the five-year benchmarks will be met or exceeded in all regions. (See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V).

Technical Assistance to Chapter 405 Districts
(See Cluster I, General Supervision, Table GS.I, II, III - (Performance Indicators #’s 1, 2 and 3) and Cluster IV, FAPE/LRE, Table FAPE.V).

Joint Action Plan
(See Cluster I, General Supervision, Table GS.IV).

Disproportionality and Technical Assistance Plus (Data Plus)
The need for professional development around Chapter 405 issues of disproportionality has been identified as a concern. As a result, the Chapter 405 Professional Development Initiative known as Disproportionality and Technical Assistance Plus (Data Plus) will provide technical assistance to regional and State staff level as well as to identified districts. The regional and State level technical assistance will provide approaches to working with districts around Chapter 405 issues. As a result, regional and State level participants will “turnkey” this training to assist districts with the issue of disproportionality. The project will also directly provide district level technical assistance focused on topics surrounding disproportionality based on individual district needs. Initiatives are targeted to begin in the Spring of 2004. Professional development activities will then be created for review by SED with regards to the Chapter 405 problem of disproportionality. Manuals for the delivery of the professional development program will be developed. Two professional development programs will be provided in each identified region for a total of 12 programs statewide. Technical assistance will be provided to six Chapter 405 identified districts, models for which will be replicated Statewide.

State Improvement Grant
New York’s State Improvement Grant (SIG) provides intensive professional development to targeted districts in need of improvement across key performance areas (including LRE). The professional development is based on a root-cause analysis of factors contributing to poor performance and specified on the district’s CSPD plan.

Year three of the SIG Grant was enhanced by a SIG Supplemental Award that included 4 components:

  • Disproportionality,

  • Access to the General Curriculum (Universal Design for Learning),

  • Parental Involvement and,

  • Teacher Retention.

The disproportionality component was intended to build capacity within the State by identifying and linking together promising practitioners and emerging leadership personnel with interest and expertise in dealing with disproportionality into an informal network of “experts”. This initiative took much more time than anticipated to launch and support. Consequently, this SIG Supplemental activity remains a high priority for VESID and is scheduled for ongoing support in 2003-04 and thereafter.

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Cluster Area IV: Free Appropriate Public Education in the Least Restrictive Environment

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