New York State Education Department  
NYS Education Department Official SealNYS VESID Official Seal New York State
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.III
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.III 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.III:

Are suspension and expulsion rates for children with disabilities comparable among local educational agencies within the State, or to the rates for nondisabled children within the agencies?
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): Long-term suspension rates of students with disabilities will decrease. Long-term suspension rates are out-of-school suspensions of 10 or more days.
  1. Background/Trend Data:
    (for reporting period July 1, 2002 through June 30, 2003. Use Attachments 2 and 3 when completing this cell.):
  • Data on out-of-school suspensions of students with disabilities by number of days: (See Appendix 23a).
  • Data on out-of-school suspensions of students with disabilities by selected disability: (See Appendix 23b).
  • Data on analysis of long-term suspension rates in school districts: (See Appendix 44).
  1. Targets
    (for reporting period July 1, 2002 through June 30, 2003):
  • The State will examine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among LEAs in the State.
  • If significant differences in rates are found, the State will require LEAs to review or revise its policies, procedures and practices relating to the development and implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.
  1. Explanation of Progress or Slippage
    (for reporting period July 1, 2002 through June 30, 2003):

While not designed specifically for one probe area, many of the strategies and interventions identified and summarized in the Executive Summary for Cluster IV (FAPE/LRE) and Cluster I (General Supervision) are intended to address suspension and expulsion rates. These same strategies are also intended to improve overall performance of students with disabilities on State tests, improve access to the general curriculum and address disproportionality. Some of the specific strategies that are impacting suspension and expulsion rates are summarized below.

Suspension data indicate that most out-of-school suspensions of students with disabilities are for 2-5 days during the course of a school year. Also, students who are identified as having emotional disturbance receive a greater percentage of all suspensions compared to the percentage of emotionally disturbed students in the students with disabilities enrollment. See Appendices 23a and 23b.

Suspension data also indicate that vast majority of school districts (74 percent ) have a long-term suspension rate of students with disabilities of less than one percent. See Appendix 44.

The Positive Behavior Interventions and Supports (PBIS)
The Positive Behavior Interventions and Supports (PBIS) process focuses on creating and maintaining safe and effective learning environments in schools. It is a data-driven, research-based, approach to preventing and responding to classroom and school discipline problems by creating systems changes. Schools that adopt a school-wide PBIS approach establish a full continuum of behavior supports to address all needs, from restructuring the environment so that all staff in all settings changes their approaches with all students to reinforce positive behaviors to specific strategies to address increasing intensities of problem behavior. PBIS was added as a VESID-OMH collaborative in March 2002.

PBIS Implementation in New York State

  • A state-level PBIS Leadership Team provides direction and support to ensure maximum effectiveness and determine strategies for expansion of PBIS capacity statewide. It includes representatives from SED (VESID and EMSC), New York State Office of Mental Health (OMH), and Families Together of New York, Inc.
  • A Statewide PBIS Coordinator, hired effective 5/5/03, is responsible for providing leadership and support the to Regional PBIS Specialists, assisting with expansion and support of the PBIS teams, monitoring and evaluating statewide PBIS practice and system outcomes, promoting family involvement in the PBIS process, and establishing linkages with county CCSI efforts.
  • Six full-time Regional PBIS Specialists are responsible for guiding, supporting and evaluating school and district wide implementation of PBIS.
  • A Statewide Director of School-focused Family Support is responsible for the coordination of family involvement within the context of PBIS and for providing support and leadership to the Regional School Focused Family Coordinators.
  • Six full or part time Regional School Focused Family Coordinators work as part of a team with the Regional PBIS Specialists and are responsible for supporting, increasing and supporting family involvement and support in schools implementing PBIS.
  • A national support team of experienced PBIS implementers (OSEP Center on PBIS at the University of Oregon and Illinois State and Oregon and Illinois State Board of Education Emotional and Behavioral Disabilities and PBIS Network) provides training and consultation to the state-level and regionally based staff to ensure state and local capacity building for training, evaluation, sustainability and expansion.
  • A Blueprint and Evaluation Plan has been developed as a guide to ensure and evaluate the effective implementation of PBIS in New York State.

School Support Projects
The Department has funded, in collaboration with the Office of Mental Health, Department of Health and Families Together of New York, Inc. the Mental Health School Support Projects to provide services in approximately 40 targeted schools to address the needs of children with significant behavioral issues who are at risk of suspension, expulsion or placement in special education programs out of the district. The three components of the project are: integration of mental health services, development or enhancement of family support and training for families and education personnel.

Coordinated Children’s Service Initiative (CCSI)
Effective September 1, 2002 legislation established a Coordinated Children’s Service Initiative (CCSI) to maintain children who have complex emotional and behavioral disorders in their homes, schools and communities. It created a formal structure that built on the current informal CCSI structure that operates in 57 counties. It established a three tier interagency structure to assure that services are comprehensive and coordinated; required parent participation at all levels of the system and provided for the blending of funds across systems and the flexible use of funds to meet the unique needs of each family.

CCSI Tier III (State Level Team) is made up of family representatives and officials from 8 state agencies: Office of Mental Health; State Education Department; Office of Children and Family Services; Council on Children and Families; Division of Probation and Correctional Alternatives; Office of Alcoholism and Substance Abuse Services; Office of Mental Retardation and Developmental Disabilities and Department of Health. CCSI focuses on child and family strengths rather than punitive actions and is often well received by families of children who have not traditionally had good relationships with schools and has resulted in improved outcomes. For example:

  • Edward Williams Elementary School in Westchester County saw a decline in suspensions from 231 in school year 2000-2001 to 79 in school year 2001-2002.
  • Highview Middle School/Rockland BOCES recorded a decrease in out- of-school suspensions from 250 days to 45 days from school year 1998-1999 to school year 2000-2001 and by 2001-2002 school year, out- of- school suspensions had been reduced to 4 days. This benchmark was a direct reflection of the increased parent participation from 30 percent in school year, 1998-1999 to 94 percent in school year, 1999-2000.
  • Hilltop Elementary School/Rockland BOCES boasts a teacher attendance rate of 97 percent and an increase in parent involvement from 20 percent in school year, 1999-2000 to 69 percent in school year, 2000-20001.
  • Onondaga County estimated a $1.04 million dollar savings in 2000-2001 by averting 88 residential placements.

NYC reported in its initial evaluation of CCSI that 81 percent of the families served avoided placements or the child was returned home.

Students with Autism and Emotional Disturbance Grants
(See Cluster IV, FAPE/LRE, Table FAPE.V of this Cluster for additional details).

  1. Projected Targets
    (for next reporting period July 1, 2003 through June 30, 2004):
  • The State will examine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among LEAs in the State.
  • If significant differences in rates are found, the State will require LEAs to review or revise its policies, procedures and practices relating to the development and implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that these policies, procedures, and practices comply with the Act.
  1. Future Activities
  2. Projected Timelines and Resources
    (for next reporting period July 1, 2003 through June 30, 2004 and on going):

Out of School Suspension data indicates a need for interventions to reduce the number of students with disabilities suspended. The initiatives described below should affect this data. (See Appendix 23a, 44 and 23b).

The Positive Behavior Interventions and Supports (PBIS)
In 2004, a Request for Proposal will be disseminated and contracts will be awarded to seven regions in the State for Regional Support Specialists to provide intensive technical assistance, training and coaching to schools and districts implementing PBIS. An additional RFP will be issued to support wrap-around services for students with intensive needs in school districts who have implemented PBIS.

An RFP will be disseminated and awarded for the evaluation of PBIS implementation at the State, regional and local levels.

School Support Projects
Evaluation of the first two phases of the school support projects will be completed in 2004. Results and lessons learned will be shared with the public, state agency partners and the schools involved in the projects. An essential element in the evaluation protocol is family satisfaction with services. The results of family surveys completed in 2003 are being analyzed with results to be shared in 2004. In addition, two additional projects that combine the integrated mental health components, family supports and positive behavioral interventions and supports will be funded.

Coordinated Children’s Service Initiative (CCSI)

  • SED continues to participate on Tier III (State Level Team). Tier III will submit a report in 2004 to the Council on Children and Families detailing the effectiveness in reaching the goals and objectives of the program. Such report will include recommendations for modifying statewide policies, regulations or statutes and the feasibility and implications of implementing the recommendations. The Council will forward such report to the Governor, the legislature and the Board of Regents.
  • Finalize paper to address cross-systems children. Cross-systems children have needs so complex that they spill across several delivery systems.
  • Prepare a legislative proposal that will enable counties to pool dollars from State and Federal funding sources to provide counties greater flexibility in providing and paying for services for children who are at risk of institutional placement.

Students with Autism and Emotional Disturbance Grants
(See Cluster IV, FAPE/LRE, Table FAPE.V).

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

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