New York State Education Department  
NYS Education Department Official SealNYS VESID Official Seal New York State
Part B Annual Performance Report
2003-2004

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 BF.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. Students with disabilities will participate in appropriate transition planning and receive services leading to positive post-school outcomes.

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

Performance Indicator(s): Long-term suspension rates of students with disabilities will decrease. (The definition of Long-term suspension rates is: out-of-school suspensions of 10 or more days.)
  1. Baseline/Trend Data:
    (for reporting period July 1, 2003 through June 30, 2004. 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 9.1.)
  • Data on out-of-school suspensions of students with disabilities by selected disability. (See Appendix 9.2.)
  • Data on analysis of long-term suspension rates in school districts. (See Appendix 9.3.)
  1. Targets
    (for reporting period July 1, 2003 through June 30, 2004):
  • The State will examine data to determine 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 the use of procedural safeguards, in order to ensure that these policies, procedures, and practices comply with the Act.
  1. Explanation of Progress or Slippage
    (for reporting period July 1, 2003 through June 30, 2004):

Long-term suspension rates have worsened. While in most school districts (474) long-term suspension rates are below 1 percent, there are 42 school districts with rates above 3 percent and 10 school districts with rates above 5 percent. (See Appendix 9.3.)

Students with emotional disturbance continue to be suspended at rates higher than students with other disabilities. (See Appendix 9.2.)

While not designed specifically for one probe area, many of the strategies and interventions identified and summarized in the executive summary for this cluster, and for the General Supervision Cluster, 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 to improve access to the general curriculum and to address disproportionality. Some of the specific strategies that are impacting suspension and expulsion rates are summarized below.

Positive Behavioral Interventions and Supports (PBIS)
A PBIS center was established in 2002-03 in order to provide training and support to schools interested in implementing PBIS programs. The PBIS initiative is a collaborative effort among VESID, EMSC, the NYS Office of Mental Health (OMH), and the family organization, "Families Together in New York State, Inc." (FTNYS). The program is currently being expanded to link with other networks intended to support schools and districts in need of improvement. The 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 change.

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), Coordinated Children's Services Initiative (CCSI), OMH, and FTNYS.
  • The State PBIS Leadership Team is responsible for providing leadership and support to the 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.
  • Seven full-time Regional PBIS Specialists are responsible for guiding, supporting and evaluating school and district wide implementation of PBIS.
  • The FTNYS Statewide Director of School-based Family Support is responsible for the coordination of family involvement within the context of PBIS, and for providing support and leadership to the PBIS Family Coordinators.
  • Seven full-time PBIS Family Coordinators work as part of a team with the Regional PBIS Specialists, and are responsible for increasing and supporting family involvement and support in schools implementing PBIS.
  • A national support team of experienced PBIS implementers from the Center on PBIS at the University of Oregon, the 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.
  • One hundred fifty-one (151) schools across the State are in various stages of implementing PBIS.
  • Preliminary data indicate 78 percent of the first cohort of schools to begin PBIS implementation are actively implementing universal level strategies focusing on changing school climate; 88 percent are forming teams to target assistance to groups of students requiring special attention; and 64 percent are beginning staff development to prepare to address intensive individual student and family support needs.
  • Data for the year 2003-04 indicate that in six schools farthest along in developing PBIS approaches, office discipline referrals declined by 28 percent.

School Support Projects (SSP)
SED combined resources with OMH, NYS Department of Health (DOH) and FTNYS to establish the School Support Projects (SSPs) to provide mental health and health services in approximately 26 targeted schools in order to address the needs of children with significant behavioral issues who are at risk for academic failure, suspension, special education placement or placement out of the school district. The research component was developed with the NYS Psychiatric Institute’s Center for the Advancement of Children’s Mental Health at Columbia University. SSP models were developed to:

  • Identify successful strategies for integrating mental health services from multiple systems into school buildings;
  • Provide student and family support in an environment that fosters the "system of care" approach;
  • Provide quality mental health services to children and families; and
  • Identify the lessons learned to ensure that future collaborations will be successful.

The evaluation of SSP 1, 2 and 3 was completed in 2004. Evaluative data indicates that this collaborative approach is valuable to New York State students, families, schools, as well as municipal and State service delivery systems. The SSP Leadership Team annually reviews projects that can demonstrate continued effectiveness. OMH is committed to sustaining effective SSP 2 and 3 projects under the Community Mental Health Services Block Grant. OMH, SED, DOH and FTNYS jointly convened a statewide cross-systems training event in 2004 to bring SSP project partners and representatives from other school mental health projects together for the first time.

Coordinated Children’s Service Initiative (CCSI)
CCSI is a cross-systems process for serving children with complex emotional and behavioral needs. This initiative builds upon State legislation enacted in 2002. The purpose of CCSI is to maintain affected children in their homes, schools and communities. The process utilizes strength-based approaches, consistent family involvement, and individualized planning. Creative, flexible decision-making and funding strategies are encouraged. CCSI is designed to infuse local decision-making processes with a set of core principles for helping children who have needs that cross administrative and service delivery lines as well as helping the children's families. By working within a collaborative framework such as CCSI, agencies, organizations and families can combine their respective skills and services to produce far greater benefits then acting on their own. The initiative retains its flexibility by remaining voluntary, as well as locally designed and operated. State agencies, including VESID, jointly fund seed grants to support local creation of CCSI teams. CCSI has grown to include 56 counties and boroughs across the state.

CCSI is an important tool to assist schools in partnering with other agencies in order to help these children. In counties submitting semi-annual reports in 2003-04, 1,491 children were referred to CCSI, and 1,319 were accepted into the process. Of these, only 77 (6 percent) resulted in out-of-home placement. In addition to reducing the volume of out-of-home placements, CCSI teams strive to assure that placements are made in the least restrictive environment for the shortest length of time. In 2004 CCSI Tier III State Level Team developed a comprehensive set of recommendations for improving services to children who have cross-systems needs. Tier III developed a set of guidelines and technical assistance resources to help counties create and sustain successful integrated systems of care. These resources are available on the NYS Council on Children and Families website at; www.ccf.state.ny.us/ccsi.html.

Students with Autism and Emotional Disturbance Grants
See Table FAPE.V - Students with Autism and Emotional Disturbance Grants for additional details.
 

  1. Projected Targets
    (for NEXT reporting period July 1, 2004 through June 30, 2005 and on going):
  • The State will examine data to determine 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 said 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 the use of 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, 2004 through June 30, 2005 and on going):
  • Beginning in 2005-06, VESID will require that LEAs incorporate suspension data in their local school improvement planning processes.
  • VESID will revise the "Discipline Manual" and "Procedural Safeguards" to be consistent with IDEA 2004.

Positive Behavioral Interventions and Supports (PBIS)

  • A RFP was disseminated and contracts awarded to seven regions in the State in order to establish PBIS technical assistance and training sites. In 2005, Regional PBIS Specialists will provide intensive technical assistance, training and coaching to schools and districts implementing PBIS. This team will also evaluate of PBIS implementation at the State, Regional, and local levels.

  • Regional PBIS Specialists and PBIS Family Coordinators will co-train on the PBIS process at Universal, Targeted, and Intensive level trainings.

  • In 2005 a RFP will be developed in order to establish a statewide PBIS Technical Assistance Center (TAC), which will integrate the PBIS initiative into the school improvement network structure. PBIS TAC will provide training and technical assistance to the regional PBIS technical assistance and training sites, and coordinate stakeholders to work regionally and locally with schools so as to assist in the implementation and expansion of PBIS. PBIS TAC will also collect and analyze statewide data, establish and maintain a website, link with IHEs and provide overall coordination for the State’s PBIS initiatives.

  • In 2004-05 Families Together will work with the National Network of Partnership schools (NNPS) to develop a training curriculum integrating research-based practices of family involvement and support into NYS's PBIS initiative.

School Support Projects
Results of the evaluation and lessons learned will be shared with the Board of Regents in 2005.

Coordinated Children’s Service Initiative (CCSI)

  • SED continues to participate on Tier III (State Level Team). In 2005, Tier III will submit an annual report to the Council on Children and Families. According to the CCSI Statute, a key responsibility of Tier III is the examination of interagency processes and systemic barriers to effective service delivery. The annual report will include recommendations for modifying statewide policies, regulations or statues. This report will also assess the feasibility and implications of implementing the recommendations. The Council will forward the annual report to the Governor, the legislature and the Board of Regents

  • In 2005, CCSI Tier III will work with the Governor’s Office and its member agencies on developing plans for moving forward the cross-systems recommendations.

  • CCSI will expand to fund up to five additional counties in 2005.

  • In 2005 a series of training sessions will be conducted around the state. Training agendas will be shaped by local requests so as to customize a core curriculum developed by Tier III.

Students with Autism and Emotional Disturbance Grants
See Table FAPE.V - Students with Autism and Emotional Disturbance Grants for additional details.

Urban Initiatives
See Table FAPE.II - Urban Initiatives for additional details.

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

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