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.V
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.V 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.V:

Are children with disabilities educated with nondisabled peers to the maximum extent appropriate, including preschool?
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):
  1. Increase the percentage of preschool students with disabilities receiving special education services in settings which include nondisabled children.
  2. Classify fewer students as needing special education services.
  3. Increase the percentage of school-age students with disabilities receiving services in general education buildings.
  4. Increase the percentage of school-age students with disabilities receiving special education services in general class placements.
  5. Students with disabilities will have equal access to participation and performance in workforce preparation programs.
  1. Background/Trend Data:
    (for reporting period July 1, 2002 through June 30, 2003. Use Attachments 2 and 3 when completing this cell.):
  • Percent of preschool children with disabilities educated in each setting-trend data: (See Appendix 13c).
  • Percent of preschool children with disabilities educated in integrated settings by Need/Resource Capacity category of school districts and other groupings of school districts: (See Appendix 13b).
  • Percent of preschool children with disabilities educated in integrated settings, compared to national average: (See Appendix 13a).
  • Types of preschool services provided to preschool children with disabilities-trend data: (See Appendix 13d).
  • Types of preschool services provided to preschool children with disabilities by Need/Resource Capacity category of school districts and other groupings of school districts: (See Appendix 13e).
  • Percent of school-age students with disabilities educated in four settings compared to national average: (See Appendix 17a).
  • Percent of school-age students with disabilities educated in four settings in each of the large five cities, compared to school districts other than large five cities: (See Appendix 56).
  • Percent of school-age students with disabilities educated in four settings by Need/Resource Capacity of school districts and other groupings of school districts: (See Appendix 16a).
  • Count of school districts by their separate setting rates: (See Appendix 17b).
  • Classification rates of students with disabilities-trend data: (See Appendix 14).
  • Classification rates by Need/Resource Capacity category of school districts: (See Appendix 16).
  • Counts of school districts by classification rates: (See Appendix 15).
Participation in Career and Technical Education Programs
  Year Total Students Students with Disabilities
Secondary

2002-2003

254,660

41,939

Post Secondary

2002-2003

145,983

7,377

Secondary 2001-2002 262,422 41,088
Post Secondary 2001-2002 141,064 7,652
Secondary 2000-2001 256,295 35,352
Post Secondary 2000-2001 143,397 N/A
Secondary 1999-2000 275,868 37,821
Post Secondary 1999-2000 139,220 8,209

Information Dissemination

Publication Name Number Copies Disseminated
in 2002-03
Special Education in New York State for Children, Ages 3-21: A Parent's Guide (includes information on LRE/FAPE)

175,047

Revised Procedural Safeguards Notice (includes information on LRE/FAPE)

134,800

  1. Targets
    (for reporting period July 1, 2002 through June 30, 2003):
  • 75 percent of preschool students receiving special education services (pursuant to Section 4410 of Education Law) will be served in integrated settings.
  • The percentage of school-age students classified and provided special education services will decrease.
  • The percentage of school-age students with disabilities receiving services in general education buildings will reach the national average.
  • The percentage of school-age students with disabilities in general education classrooms will exceed the national average.
  • Increase the participation of students with disabilities in Career and Technical Education, Career Planning and Community Work Experience Programs.
  1. Explanation of Progress or Slippage
    (for reporting period July 1, 2002 through June 30, 2003):
  • New York provided special education services to 58.7 percent of preschool children with disabilities in integrated settings (with non-disabled peers) in 2002-03 exceeding the same year national average of 54.9 percent by 3.8 percentage points: (See Appendix 13a).

  • New York City, compared to other Need/Resource Capacity categories of school districts and other groupings of school districts provided preschool special education services to the least percentage of preschool children in integrated settings: (See Appendix 13b).

  • New York City, compared to other Need/Resource Capacity categories of school districts and other groupings of school districts provided the greatest percentage of preschool students with disabilities (37.4 percent) special education in full-day special class in segregated classrooms (classrooms for only children with disabilities): (See Appendix 13e).

  • New York State has made steady progress in placing lower percentages of school-age students in separate settings, decreasing such placements from 10.2 percent in 1996-97 to 7.4 percent in 2002-03. However, New York’s rate is substantially higher than the national rate if 2002-03 of 4.0 percent: (See Appendix 16a).

  • New York continues to place greater percentages of school-age students with disabilities in general education programs for 80 percent or more of the school day. In 2002-03, 51.8 percent of students were provided special education services in such settings compared to the 2002-03 national average of 48.2 percent: (See Appendix 13a).

  • New York City and Buffalo provide special education services to a large percentage of students with disabilities in settings in which they are removed from general education programs for most of the school day (in general education programs for less than 40 percent of the day). In 2002-03, 41.4 percent and 31.0 percent of school-age students with disabilities were provided services in such settings in NYC and Buffalo, respectively, compared to 19.4 percent in other school districts and 19.0 percent in the nation: (See Appendix 56).

    See other brief narratives that are attached to each data table and chart listed and linked under Background/Trend Data section of this probe.

Preschool Special Education Quality Indicator Study
(See Cluster IV, FAPE/LRE, Table FAPE.VI)

Professional Development
Professional development training and technical assistance were provided to Bronx Committees on Preschool Special Education (CPSE) on least restrictive environment (LRE) and community resources. This training included representation from the Department’s Special Education Training and Resource Centers, Early Childhood Direction Centers, Headstart, Day Care and Universal Pre-Kindergarten.

Early Childhood Direction Centers
The Early Childhood Direction Centers (ECDC) network consists of 15 programs promoting statewide coverage. The ECDC’s provide information and guidance to parents of preschool children with disabilities. The centers also offer informal technical assistance to school districts and provides assistance on a wide variety of topics including integrated programming. In 2002-03, the ECDC’s recommended to VESID that their role be formally expanded to include training for preschool providers who operate integrated programming. This request was in recognition of an increased need for training non-special education personnel who become involved with students with disabilities in integrated settings. VESID investigated several options for enhancing the role of the ECDC’s and authorized an increase in discretionary funds for the ECDC network for that purpose.

Special Education Space Requirements
Amendments made to strengthen the space plan and requirements were approved by the Board of Regents in July 2003. (See Cluster I, General Supervision, Table GS, I, II, III) and (Cluster IV, FAPE/LRE, Table FAPE.I for additional details).

Higher Education Support Center (HESC)
HESC works with teacher preparation institutions throughout New York State for the purposes of:

  • Establishing a Higher Education Task Force on Quality Inclusive Schooling. The goal is to incorporate best practices in inclusive education to all institutions.

  • Connecting the Institutes of Higher Education (IHE’s) to low performing schools, as identified via the VESID KPI, to partner with them to improve student performance.

The Higher Education Support Center (HESC) is making good progress as the initiative began with 19 institutions in 2001 and now has 67.

Data Collection
A QAIS data management system has been used to track the frequency and specific type of LRE issues identified during the parent complaint and quality assurance review process in order to permit the resolution of district-specific issues and the targeting of technical assistance on a regional and/or statewide basis.

Interagency Partnerships
(See Cluster IV, FAPE/LRE, Table FAPE.III (School Support Projects and Coordinated Children's Service Initiatives) ( in this section for additional information).

Reading and Math Initiative
(See Cluster IV, FAPE/LRE, Table FAPE.IV in this section for additional information).

Enhanced Monitoring
(See Cluster I, General Supervision, Table GS.I, II, III for additional information).

Students with Autism and Emotional Disturbance Grants
In 2002, VESID issued a Program Development Grant Application Request to stimulate program development to target approximately 700 students with disabilities extraordinarily challenged by autism and severe emotional disturbance. These students were previously placed on home instruction or placed in inappropriate placements. Fourteen BOCES received grants ranging from $100,000-200,000 to develop programs and intensive staff development activities, primarily in the area of positive behavioral interventions. Of special note is that seven of the grants developed programs in collaboration with local mental-health agencies and three developed partnerships with Universities to provide on-site consultation and support in the area of behavior management. VESID supported grantees with monthly audio conferences to enable project directors to network with each other and with an expert in the field of positive behavioral interventions. All fourteen BOCES received continuation awards for Year 2, ranging from $50, 000-100,000.

Teacher Education Programs /Changes in Certification Requirements
(See Cluster I, General Supervision, Table GS.IV).

Urban Initiatives
(See Cluster IV, FAPE/LRE, Table FAPE.II in this section of the document for further details).

Focusing Technical Assistance Networks to Work With Identified School Districts
(See Cluster I, General Supervision, Table GS.I, II, III).

Comprehensive System of Personnel Development (CSPD) as a Planning and change vehicle
All school districts are required to develop plans. Planning materials for the CSPD incorporate key performance indicators data, including LRE, to guide local decisions regarding areas in need of improvement. (See Cluster I, General Supervision, Table GS.I, II, III).

State Improvement Grant
(See Cluster IV, FAPE/LRE, Table FAPE.I of this section for additional details).

Participation in Career and Technical Education/Community Work Experiences/Career Planning

Career and Technical Education Skills Achievement Profile
VESID staff worked with the Office of Workforce Preparation and Continuing Education to develop and field test a process for acknowledging the accomplishments of students with disabilities receiving IEP diplomas who participate in Career and Technical Education (CTE) courses and programs. The Skills Achievement Profile was developed to parallel the credentials available for students obtaining a Regents or Local Diploma and participating in CTE programs. It also documents student work-related skills enabling students to share information with potential employers. SED provided a model profile for schools/BOCES to use when modifying/developing school-specific profiles. In 2002-03, 23 school districts/BOCES piloted such profiles. Sixteen of the 23 pilot projects reported data indicating that 331 students with disabilities participated in this process. The profile has been instrumental in:

  • assisting schools in clarifying CTE course expectations for students with disabilities;

  • providing students with a job-seeking tool to share with potential employers;

  • providing information on student strengths and abilities to the CSE when developing the IEP;

  • providing functional information for the vocational rehabilitation counselor when determining eligibility and;

  • providing a chronology of student acquired accomplishments and skills in CTE.

Career and Technical Education Endorsements
On February 6, 2001, the New York State Board of Regents reauthorized the Part 100 Regulations adding an approved Career and Technical Education program that provided greater flexibility in curriculum courses for high school students who want to pursue career and technical education programs to meet graduation requirements. Beginning with the graduation Class of June 2002, students earning a Regents or local diploma can receive a technical endorsement if they successfully complete an approved CTE program, including a technical assessment. This option will continue to be available for local diploma recipients as long as the local diploma is offered under the safety net.

Career Plan
The Career Plan serves as a document for learners to record their development in the areas of self-knowledge, career exploration, career and life goals, classroom learning application and foundation skill awareness. The Career Plan Training Initiative Report: Program Evaluation and Follow-up Study Research, published in December 2002, indicates the positive contributions of career planning for workforce preparation.

New York State Longitudinal Post School Indicator Study
Data analysis for the Class of 2001, one year after school exit interviews was completed. Findings focused on student career preparation as well as information regarding post school employment outcomes for students were shared with stakeholders. As requested, special reports were developed focused on study findings. The Transition Coordination Sites used the data to assist them in providing technical assistance around transition issues to schools/districts. Student interviews for the Class of 2000, three year after school exit were conducted through the spring and summer of 2003.

  1. Projected Targets
    (for next reporting period July 1, 2003 through June 30, 2004):
  • 75 percent of preschool students receiving special education services (pursuant to Section 4410 of Education Law) will be served in integrated settings.
  • The percentage of school-age students classified and provided special education services will decrease.
  • The percentage of school-age students with disabilities receiving services in general education buildings will reach the national average.
  • The percentage of school-age students with disabilities in general education classrooms will exceed the national average.
  • Increase the participation of students with disabilities in Career and Technical Education, Career Planning and Community Work Experience Programs
  1. Future Activities
  2. Projected Timelines and Resources
    (for next reporting period July 1, 2003 through June 30, 2004 and on going):

VESID will revise its strategic plan and associated key performance indicators, targets and benchmarks as part of a continuous improvement process and will reflect the new plan in the next edition of this report.

Preschool Special Education Quality Indicator Study
(See Cluster IV, FAPE/LRE, Table FAPE.VI).

Early Childhood Direction Centers
VESID established a workgroup of ECDC Coordinators to assist in defining the scope and content of a professional development initiative. The workgroup complied and distributed training materials to all ECDC’s. Amendments were developed for all current ECDC contracts and training activities were initiated. This function will be continued in the future as a permanent responsibility of the ECDC networks.

Special Education Space Requirements
(See Cluster I, General Supervision, Table GS, I, II, III) and (Cluster IV, FAPE/LRE, Table FAPE.I for additional details).

Higher Education Support Center (HESC)
The HESC initiatives will continue to:

  • Add new Institutes of Higher Education (IHE) members to the Task Force
  • Connect IHE's with low performing schools as partners in school improvement
  • Expand the number of “Research” initiatives that engage the IHE members in support of the various projects.

Data Collection
Due to technical problems with the QAIS, a new system is being designed which will be faster, more efficient, more comprehensive and more user friendly.

Interagency Partnerships
(See Cluster IV, FAPE/LRE, Table FAPE.III (School Support Projects and Coordinated Children's Service Initiatives).

Reading and Math Initiative
(See Cluster IV, FAPE/LRE, Table FAPE.IV).

Enhanced Monitoring
VESID Quality Assurance reviews evaluate district policies and procedures and the implementation of LRE requirements. VESID Special Education Quality Assurance (SEQA) developed a focused review protocol devoted to issues relating to the least restrictive environment. This protocol was fully implemented in 2002-03 in certain districts where placement data indicate that placement in the least restrictive environment may be an area in need of improvement. Each review addresses targeted compliance issues and results in improvement strategies related to LRE practices and decision-making. (See Cluster I, General Supervision, Table GS.I, II, III).

Students with Autism and Emotional Disturbance Grants
Continuation awards will be available for one more year, pending availability of funds and the success of the applicant in meeting the goals and objectives in the second year of the project.

Teacher Education Programs/Changes in Certification Requirements
(See Cluster I, General Supervision, Table GS.IV).

Urban Initiatives
(See Cluster IV, FAPE/LRE, Table FAPE.II in this section of the document for further details).

Focusing Technical Assistance Networks to Work With Identified School Districts
Chapter 405 - Under Chapter 405 of the Laws of 1999, school districts were identified with high rates of placements of students with disabilities in separate sites. Underlying causes were determined. School districts are being provided technical assistance to assist them in developing effective strategies to improve their rates. For more information on Chapter 405 initiatives, please refer to the General Supervision Section of this report.

VESID’s primary technical assistance network, the 42 Special Education Training and Resource Centers (SETRC) was redirected over the past several years to:

  • ensure that 80 percent of its professional development activities are provided as targeted single-district initiatives based on data-driven CSPD plans.
  • LRE-related data indicators are key considerations in the selection of targeted districts.
  • the SETRC network was expanded in 2001 to include an additional ten regional positions with
    • the responsibility of providing ongoing, sustained training at the regional level for school and state agency personnel and parents on critical, foundation-skill topics such as laws and regulations, CSE/CSPE Chairperson and members training, IEP development, due process, transition, alternate testing, testing accommodations, etc.

VESID’s data reporting system for SETRC will include performance benchmarks for targeted districts and will track Key Performance. This includes measures over multiple years, thus allowing SETRC professional development specialists and district personnel to evaluate the effectiveness of interventions. (See Cluster I, General Supervision, Table GS.I, II, III).

Comprehensive System of Personnel Development (CSPD) as a Planning and Change Vehicle
(See Cluster I, General Supervision, Table GS.I, II, III).

State Improvement Grant
(See Cluster IV, FAPE/LRE, Table FAPE.I of this section for additional details).

Participation in Career and Technical Education/Community Work Experiences/Career Planning

Career and Technical Education Skills Achievement Profile
Based on the results of the pilot program, the Career and Technical Education (CTE) Skills Achievement Profile for students pursuing IEP diplomas will be available on a statewide basis in the spring of 2004. To assist in the roll out of this initiative, the profile will be available via the SED website with technical assistance provided at the local and regional levels by the Transition Coordination Sites. It is anticipated that data collection focused on students with disabilities receiving a CTE Skills Achievement Profile will begin in the coming year.

Career and Technical Education Endorsement
To gain a better understanding of the impact of Career and Technical Education programs and increase program participation, Career and Technical Education Data Systems (CTEDS) focused on students participating in approved CTE programs will be collected beginning in 2003-04. Information will include the number of students participating in approved programs, the number participating in assessments and the number of students receiving a technical endorsement. The information is expected to be disaggregated by grade level, the number of special and general education students participating, and the type of diploma received.

Career Plan
To further increase participation in career planning, in the coming year school report cards will report data on Career Plan participation for general and special education students in grades 4-12.

New York State Longitudinal Post School Indicator Study
Data collection will be completed and analyzed for the Class of 2000, three year after school exit interviews. Findings focused on the employment outcomes of former students will inform State and local decision-making around transition planning and implementation with respect to workforce preparation. The Class of 2001, three year after school exit interviews will begin in the Spring of 2004. Dissemination of findings so as to inform best practice will be available via VESID’s Transition Website. (See Cluster V, Secondary Transition, Table ST.I).

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

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