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Table GS.I, II, III |
Cluster
Area I: General Supervision |
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Question: |
Is
effective general
supervision of the implementation of the Individuals with
Disabilities Education Act ensured through the state education
agency’s (SEA) utilization of mechanisms that result in all
eligible children with disabilities having an opportunity to
receive a free appropriate public education (FAPE) in the least
restrictive environment (LRE)? |
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Probes
GS.I, II, III: |
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GS.I: |
Do the general supervision instruments and
procedures (including monitoring, complaint and hearing resolution, etc.),
used by the SEA, identify and correct IDEA noncompliance in a timely
manner? |
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GS.II: |
Are systemic issues identified and remediated
through the analysis of findings from information and data collected from
all available sources, including monitoring, complaint investigations and
hearing resolutions? |
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GS.III: |
Are complaint investigations, mediations and
due process hearings and reviews completed in a timely manner? |
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State Goal: |
All eligible children with disabilities will have
the opportunity to receive a free appropriate public education (FAPE)
in the least restrictive environment (LRE) through the State
Educational Agency’s (SEA) utilization of mechanisms of effective
general supervision and implementation of the Individuals with
Disabilities Education Act. |
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Performance Indicator(s): |
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General
supervision instruments and procedures are used by the SEA in
order to identify
and correct IDEA noncompliance in a timely manner.
-
Systemic issues
are identified and remediated through the analysis of findings
from information and data collected from all available sources,
including complaint investigations, monitoring and hearing
resolutions.
-
Complaints,
mediation and due process hearings and reviews are completed in a
timely manner.
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Complaints and Monitoring |
- Baseline/Trend Data
(for reporting period July 1,
2003 through June 30, 2004):
See
Attachment 1.
See Appendices
18.1 and 18.2. |
- Targets
(for reporting period July 1,
2003 through June 30, 2004):
Complaints
- 100 percent of corrective
actions resulting from founded complaints will be resolved
within specific timelines.
- 100 percent of complaint
investigations will be completed within regulatory timelines.
Monitoring
- Based on Department data and other
selection criteria, 117 Quality Assurance (QA) reviews (NYC 32 and Upstate 85) will be conducted, including
eight
pilot focused reviews in Student Exiting/Transition.
- 100 percent of completed
2003-04 QA reviews and 60-day complaints will be entered into
the Quality Assurance Information System (QAIS) database by
June 2004.
- QA review protocols
will be developed for day and residential private schools
(also known as Chapter 853 schools), OCFS facilities,
State-supported schools (also known as Section 4201 schools) and BOCES.
- The Comprehensive
Special Education Information System (CSEIS) Request for
Proposal (RFP) will be issued in September 2003. A contract will be awarded,
and implementation of the QA review and complaint modules will
be completed. This system will provide a management tool to
ensure timeliness for monitoring, complaint, due process and
mediation reporting.
- The first phase of
the CSEIS components will be completed by June 30,
2004. This phase will include the QA reviews, complaint and
mediation processes, the integration of the
Impartial Hearing Reporting System (IHRS) and the
Preschool STAC (System to Track and Account for
Children) system.
- The Preschool STAC system
will be used to identify and recommend 100 percent
of the program modification requests until it is
integrated into CSEIS.
- Public discussion
groups geared to obtaining public feedback will be conducted.
These forums will assess public opinion on changes to VESID’s policy
and practices that serve to reward and sanction school districts and
other programs.
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- Explanation of Progress
or Slippage
(for reporting period July 1,
2003 through June 30, 2004):
Complaints
- Standardized letters and
procedures were implemented and used by all SEQA regional
offices to respond to complaints and communicate with
districts on the status of the corrective action plans.
- QAIS has been maintained while
the web-based CSEIS is in development.
- The target of 100 percent for
completing complaint investigations within regulatory
timelines was almost reached in all SEQA regions, except for
NYC. Three additional Regional Associates were hired in the
NYC office, which will assist in ensuring timely
investigations. (See
Section 1a of
Attachment 1.)
Monitoring
- SEQA regional offices
completed 110
QA Reviews. These reviews included public schools, approved
private preschool and school-age programs, charter schools,
State agency programs and BOCES. Seven
reviews were not conducted due to staffing shortages.
- Seven of the eight Student
Exiting/Transition reviews were piloted in 2003-04. The eighth
pilot review was changed to an LRE review.
- IDEA Discretionary Funds of
$2,885,000 were allocated to QA review districts to facilitate
the review process and to implement corrective action and
improvement strategies as they relate to KPIs.
- A Statewide QA Advisory Group
meeting was held in December 2003 in order to provide an overview of
the concepts and background needed to reinforce a vision of
improved outcomes and continuous process improvements. This
forum resulted in the advisory group’s
endorsement of recommended changes.
- QA review protocols were
developed for Chapter 853 schools (day and residential),
Section 4201
schools and BOCES.
- In spring 2004, VESID
conducted nine regional public discussion groups on changes to
VESID’s policy and practices to reward and sanction school
districts and other programs. The purpose of these discussions
was to improve the achievement of
students with disabilities and school district compliance with
special education requirements. Two hundred twenty-seven
individuals attended. Among those represented were school
administrators, teachers, related service providers, parents,
advocates and others, including representatives of higher
education and attorneys.
- QAIS continued to be used by
Regional Associates in order to record data for Focused Reviews and
60-day complaints that contribute to the consistent tracking
and analysis of data. SEQA
staff has successfully used Focused Review information to identify regional
training or technical assistance needs (See Appendices
18.1
and 18.2).
- The CSEIS RFP was issued in
September 2003, the contractor was selected in November 2003,
and the contract was awarded in February 2004. A federal grant
was used to facilitate this process, and a portion is to be
used for the development of the final product. The refinement
of the CSEIS design was more complex than anticipated, and the
implementation date was changed from June 2004 to April 2005.
- In October 2004, VESID
presented a report to the Department’s Board of Regents on a
policy strategy proposed in order to improve the achievement of
students with disabilities as well as school district compliance with
special education requirements. Included in this report was a
strategy intended to reward both high performing and markedly
improved school districts, as well as administer consequences to low
performing and substantially noncompliant school districts.
- The Preschool STAC system is operational and is
included in Phase II of CSEIS.
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- Projected Targets
(for NEXT reporting period July
1, 2004 through June 30, 2005 and on going):
Complaints
- 100 percent of corrective
actions resulting from founded complaints will be resolved
within specific timelines.
- 100 percent of complaint
investigations will be completed within regulatory timelines.
Monitoring
- Based on Department data and other
selection criteria, 290 QA reviews of all types (NYC 150,
Upstate 140) will be conducted, including three pilot BOCES Focused
Reviews. This increase in the number of reviews
compared to last year is a result of several factors and
represents a one-year aberration. The primary reason is that
the New York City Regional SEQA office has implemented an
intensive effort to target a greater number of schools for
2004-05. In addition, Regional Associates are involved in 52
other types of monitoring activities (charter schools, Chapter
405, Title I team, SURR team and Joint Regional Targeted
Reviews) in collaboration with other SED offices. Many of
these review activities took place in 2003-04 but were not
accounted for until this year. Lastly, all of the schools
reviewed in the Big Four Cities (i.e., Syracuse, Rochester,
Buffalo, Yonkers) are now accounted for in the review process,
rather than counting them as single reviews.
- 100 percent of completed
2004-05 QA reviews and 60-day complaints will be entered into
the CSEIS database by June 2005.
- The first phase of the CSEIS
components will be completed by April 2005. This includes the
QA reviews, complaint and mediation processes and the
integration of the Impartial Hearing Reporting System (IHRS).
CSEIS will also identify the Corrective Action Plans (CAPs)
resolved in a timely manner (i.e., not to exceed 12 months) as
well as those that are outstanding.
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- Future Activities
- Projected Timelines and
Resources
(for NEXT reporting period July
1, 2004 through June 30, 2005 and on going):
Complaints
- By 2006, complaints will be
tracked for
review within regulatory timelines using CSEIS. The system
will have the capability of generating statewide reports. The
system will provide notifications to the school districts and
SED’s monitoring staff regarding due dates for corrective
actions, and will track resolution of these actions. A review
will not be closed until all issues are resolved.
- IDEA 2004 will be reviewed to determine
its impact on SED’s monitoring and complaint system.
Monitoring
- The BOCES Focused Review
protocol will be piloted in several BOCES regions of the State.
- IDEA Discretionary
Funds of $3,055,000 will be allocated to QA review districts to facilitate the
review process and to implement corrective action and
improvement strategies as they relate to KPIs.
- In 2004-05, an IDEA
Implementation/Selected Special Education Practices Focused
Reviews will be conducted in the NYC SEQA region. This protocol
is to include compliance items directly related to an analysis of
QA activities, complaint investigations (see
Appendix 18.1),
technical assistance requests and interactions between NYC
Department of Education (DOE) staff and parents. Phase one
will involve school visits conducted in collaboration with the NYC DOE’s Office of School Improvement and other regional
administrators. This segment will concentrate on selected compliance issues
related to the assessment, recommendation and provision of
services to students with disabilities. Phase two will focus on
critical issues related to the implementation of selected
policies and procedures. The remainder of the school year will
allow for continued corrective action, intensive follow-up and
technical assistance.
- In 2005, a Statewide QA Advisory
Group meeting will be held in order to review SEQA monitoring activities,
including BOCES pilots, NYC special reviews and other
monitoring issues.
- Additional public meetings
will be conducted in order to guide our statewide discussions on changes to VESID’s policy and practices to reward and sanction school
districts and other programs.
- By 2005, QAIS will be fully
integrated into
CSEIS. All QA review information from
2002-03 will be included in CSEIS. Data from before 2002-03 will be
available through a “datamart,” that will allow authorized users to
conduct queries and trend analysis.
- In 2005, Statewide training on
IDEA 2004 requirements will conducted.
- 100 percent of
corrective action plans (CAPs) resulting from QA reviews will
be resolved within
specific timelines, not to exceed 12 months.
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|
Impartial Hearings |
- Baseline/Trend
Data (Mediations and Impartial Hearings)
(for reporting period July 1,
2003 through June 30, 2004):
| |
1997-98 |
1998-99 |
1999-2000 |
2000-01 |
2001-02 |
2002-03 |
2003-04 |
| Mediations Conducted |
393 |
450 |
407 |
375 |
377 |
339 |
421 |
| Impartial Hearings Conducted |
1,344 |
1,234 |
1,324 |
1,235 |
1,714 |
1,417 |
1,172 |
See Appendices
18.3,
18.4, 18.5
and 18.6
See Attachment 1
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- Targets
(for reporting period July 1,
2003 through June 30, 2004):
Impartial Hearings
- 100 percent of impartial hearing
requests will be addressed within regulatory timelines, including the
appointment of hearing officers and the issuance of decisions.
- The Office of State
Review will issue timely decisions on all appeals
from Impartial Hearing Officer decisions.
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- Explanation
of Progress or Slippage
(for reporting period July 1,
2003 through June 30, 2004):
Impartial Hearings
- A one-time survey on impartial hearing
costs to school districts was completed by a contractor in December
2004.
- Four new publications were developed
and disseminated in 2003-04 on due process rights, including:
- The web-based IHRS has been in effect
since July 1, 2002. All districts are required to input data relative
to the appointment of hearing officers, as well as the timeliness of
conducting the hearing and issuance of a decision (see
Appendix 18.3). IHRS provides information about the number of requests for hearings
(see Appendix 18.4) and distribution of issues for decided impartial
hearing cases (see Appendix 18.5). This
information is helpful at the State level in planning training and
regional interventions and also allows school districts to access the
information and make adjustments to address needs before a request is
filed.
- Monitoring through IHRS has increased
the percentage of cases being resolved in a timely manner from 36.3 percent in December 2002 to
94.8 percent in March 2003. The Department now monitors timeliness by
analyzing data on an annual basis rather than month-to-month. The
percentage of cases on time increased from 78.5 percent during July 1,
2002 to June 30, 2003 to 92.7 percent during July 1, 2003 to June 30,
2004. (See Appendix 18.3).
- Of the 7 percent of Impartial Hearing
Officer (IHO) satisfaction surveys returned from parents, 92 percent
responded that they were treated in a respectful and fair manner.
- 100 percent of IHOs received training
on the use of the IHRS and monitoring of timelines and extensions for
impartial hearings. This training also focused on updates to State laws,
regulations, policy and case law, as well as on methods used to create
a record and write a decision.
- The number of hearing officers accessing IHRS
in order to monitor the timelines of their hearings increased
from 90 percent in 2002-03 to 96 percent in 2003-04.
- The Office of State Review continues
to issue timely decisions in 2004, without any backlog
recurring. State Review Officers (SRO) decided 100 appeals filed in
2004, with only two 2004 appeals pending due to extensions granted per
party request. (See Appendix 18.6).
Mediation
- New York State Dispute Resolution
Association (NYSDRA) was delayed in conducting full
trainings until IDEA was reauthorized to reflect changes in the
training curriculum.
- NYSDRA was granted sole source funding
for a five-year contract from 2005 to 2010 to conduct outreach efforts
to promote mediation.
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- Projected
Targets
(for NEXT reporting period July
1, 2004 through June 30, 2005 and on going):
Impartial Hearings
- 100 percent of impartial hearing
decisions will be rendered within regulatory timelines.
- 100 percent of second tier appeals
(appeals to the Office of State Review)
will be rendered within regulatory timelines.
- 100 percent of impartial hearing
officers will receive training on the IDEA 2004 requirements.
- An electronic file transfer
process will be developed to interface between the IHRS and the NYC Impartial Hearing System
in order to
reduce the data input by 50 percent, and to increase the capability to
monitor the timeliness of these cases.
Mediations
- 100 percent of school districts will
be informed of the availability and the benefits of mediation.
- The New York State Dispute Resolution
Association (NYSDRA) will conduct the following outreach efforts to
promote mediation:
- presentations to Committees on Special Education (CSE)
and Committees on Preschool Special Education (CPSE), parent and advocacy groups;
- media interviews and public service
announcements;
- distribution of brochures and other materials;
and
- responding to internet inquiries.
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- Future Activities
- Projected Timelines and
Resources
((for
NEXT reporting period July
1, 2004 through June 30, 2005 and on going):
Impartial Hearings
- In winter of 2004-05, provide optional workshops for IHOs
to enhance individual skills in legal writing and use of
evidence.
- By March 2005, analyze information
from the survey on impartial hearing costs to school districts by
region and Big Five cities for possible policy implications.
- In the spring of 2005, provide additional training to
Impartial Hearing Officers (IHOs) on IDEA 2004 and on the parent impartial hearing satisfaction survey and
speaking to parents about the importance of completing the survey.
- By June 2005, develop an electronic file transfer
process between IHRS and the NYC Impartial Hearing System.
- Provide professional development
opportunities
for CSEs and CPSEs on the benefits of mediation and the requirements
of impartial hearings.
Mediation
- Conduct four trainings for mediators
on IDEA 2004 and on recognized regional needs.
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Special Education Space
Requirements Plans |
- Baseline/Trend
Data
(for reporting period July 1,
2003 through June 30, 2004):
The five-year Special Education
Space Requirements Plan, required by State statute every five
years since 1989, is one major strategy toward decreasing the
percentage of school-age students with disabilities educated in
separate educational settings. The plan must provide the
framework for the allocation of instructional space to:
- meet the current and future
special education program and service needs;
- maximize access and
participation of students with disabilities in the general
curriculum; and
- serve students with
disabilities in settings with nondisabled peers.
Statewide trend data continue to
show steady progress toward decreasing the percentage of
students with disabilities provided special education services
in separate educational settings from 10.2 percent in 1996-97 to
7.34 percent in 2003-04 (see Appendices 8.1,
8.2, 8.3
and 8.4). The number of regions at or below the
national average of placing students in separate educational
settings (3.9 percent in 2003-04) more than doubled, from 11 regions in 1996-97 to 25
regions in 2003-04 (see Appendices 8.5
and 8.6). Thousands of students with
disabilities have been returned to settings with general
education students throughout the State over the course of the
1999-04 Special Education Space Requirements Plan cycle. These
efforts ensure that students with disabilities statewide have
greater meaningful access to and progress in the general
education curriculum, increased opportunities to be integrated
with nondisabled peers, and increased opportunities for
independence.
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- Targets
(for reporting period July 1,
2003 through June 30, 2004):
- By July 1, 2003, 14 BOCES grant awardees
will have approved Year 2 Program Development grants in order to stimulate
program development for students with disabilities who are extraordinarily
challenged by autism and by severe emotional disturbance.
- By December 1, 2004, all 38 BOCES
regions and the NYCDOE will meet their
five-year target level of integration established by SED in 1999.
- By February 1, 2004, 38 BOCES as well
as NYCDOE will submit their 2004-09 Special Education Space Requirements Plans
which will be subsequently approved by July 1, 2004.
- A new RFP will be issued in order to
stimulate program development for students with disabilities who are
extraordinarily challenged by autism and by severe emotional
disturbance.
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- Explanation of Progress/Slippage
(for reporting period July 1,
2003 through June 30, 2004):
Fourteen BOCES grant recipients
implemented and completed Year 2 of the Program Development grant.
- All 38 BOCES regions and the NYCDOE
projected to meet their five-year target level of integration for
December 2003.
- Considerable progress has been made
over the five-year Space Plan cycle, and only two of the 39 regions
placed 7 percent or more students with disabilities in separate sites
in 2003-04, this compared to six regions in 2002-03 and 11 regions in
1999-00.
- Thirty-five BOCES regions submitted
2004-09 Special Education Space Requirements Plans by February 1,
2004. Three BOCES regions and NYC were granted extensions, four Plans
were submitted by May 2004, and one Plan was submitted by July 1 due
to administrative staffing changes.
- The RFP was not developed. Rather,
IDEA discretionary dollars were targeted to support those regions
where significant changes must occur in the 2004-09 Special Education
Space Requirements Plan cycle.
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-
Projected
Targets
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and on going):
- By July 1, 2004, 14 BOCES grant
awardees will have approved Year 3 Program Development grants to
continue to stimulate program development for students with
disabilities who are extraordinarily challenged by autism and by severe emotional
disturbance. This is the final year of the three-year grant award.
- By July 1, 2004, all 38 BOCES and NYC
will have approved 2004-09 Special Education Space Requirements Plans.
- $2,300,000 IDEA discretionary
dollars will be allocated to eight BOCES regions and NYC that remain the
most dependent on placements in separate educational settings.
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- Future Activities
- Projected Timelines and
Resources
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and
on going):
- All 38 BOCES as well as NYC DOE, will submit
annual progress reports of their Special Education Space Requirements
Plans by June 30 for five consecutive years.
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Training Networks |
- Baseline/Trend
Data
(for reporting period July 1,
2003 through June 30, 2004):
Special Education Training and
Resource Centers (SETRC) Networks
Through involvement in local planning processes, SETRC is
committed to the delivery of services within the context of
total school improvement. Each of the 42 SETRCs in collaboration
with SEQA, must annually
determine how SETRC resources will be utilized in individual
district/schools, and must also identify “target”
districts/schools prior to the beginning of each school year
through collaboration with the BOCES District
Superintendents/Big 4 Superintendents, VESID staff and RSSCs.
The Big Four Cities include Buffalo, Rochester, Syracuse and
Yonkers. The targeting and reporting procedures are undergoing a
redesign, and the Targeted District Narrative Report (TDNR) was
eliminated at the end of 2003-04. A new reporting procedure will
be developed to provide a simplified format and to improve
reporting and accountability. This format is necessary because
of increased collaboration between SETRC and SEQA, and due to increased
flexibility in how SETRC resources are directed to districts and
to schools most in need of improvement. Districts/schools
identified as targets for SETRC assistance will continue to
include Chapter 405 Targeted districts/schools and IDEA SIG districts.
Priority is also given to
districts/schools identified by VESID for focused QA reviews.
The CSPD continues as the primary tool for district/school
planning. See GS Executive Summary -
Comprehensive System of
Personnel Development for additional information.
During the 2003-04 program year, SETRC provided the following
services:
- Approximately 170 districts
statewide, 100 school buildings in New York City, and 20
schools in the Big Four Cities received intensive support through SETRC;
- Information Dissemination:
248,749 information items were disseminated; and
- Professional
Development/Technical Assistance: 30,453 hours were provided
(conducted or coordinated) by SETRC.
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- Targets
(for reporting period July 1,
2003 through June 30, 2004):
- 95 percent of targeted
districts/buildings will show improvement in student outcomes through
analysis of TDNRs.
- Provide funding to six independent
living center transition projects at the same level as distributed
during 2002-03, pending
availability of funds and success of the continuing application. This
will be the final year for three projects and year three for three
projects.
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- Explanation of Progress/Slippage
(for reporting period July 1,
2003 through June 30, 2004):
- Evaluation/analysis of TDNRs
demonstrated improved student outcomes as a result of some SETRC
interventions.
- Further evaluation of the reporting
process led to the elimination of TDNR as a reporting tool. Therefore
no further TDNR training was planned or provided.
- For the period beginning July 1, 2003
and ending June 30, 2004, the SETRC programs selected targeted
districts based on program resources and prioritization of district
needs and the ability of the districts to enter into an upfront
agreement concerning their participation in professional development
activities conducted or facilitated by SETRC. The targeting process has become more
collaborative and requires greater flexibility in how SETRC resources
are directed to districts and schools most in need of improvement.
- The Transition Coordination Sites (TCS)
have increasingly become a part of the CSPD process as more school
districts are focusing on issues around transition planning and
services. With the addition of a VESID Key Performance Indicator
focused on transition outcomes, their participation is likely to
increase. Additionally, with plans in 2004-05 for the TCS to join in
the initiatives of the Office of School Improvement (a joint
EMSC-VESID) venture to promote increased collaboration among technical
assistance networks), increased collaboration with the CSPD process is
anticipated. The Rochester TCS has developed a matrix in which they
track all of the districts in which they are involved and the status
of the CSPD process. Transition programs and services were a focus of
the CSPD in over 25 percent of the school districts.
- VESID continues to fund the Transition
Coordination Sites beyond the life of the federal systems change
grant. An RFP was developed in 2004 for the continuation of the TCS.
The release of the RFP, originally scheduled for the spring of 2004,
was delayed due to issues around the reconfiguration of the regions,
shifting from a grant to a contract process, and delays in the
approval process. As a result, the grant was extended from June 2004
to December 2004. The new RFP was scheduled for release in
the fall of 2004, for initiation in January 2005, covering a four and
one-half year period through June 2009.
- The Early Childhood Direction Centers
were involved in the CSPD planning process with targeted districts as
projected.
- Two RFPs were released in March 2004,
one for 41 SETRC programs and additional SETRC services, and one for
SETRC in New York City. Five-year contracts have been awarded for July
1, 2004 – June 30, 2009.
- Two new topics for professional
development of network personnel have been added as network training
opportunities: "Organizing
Content for Maximum Learning" and "How to Support Groups to Read and
Understand Data."
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-
Projected
Targets
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and on going):
- from July 2004 through June
2009, an RFP process for funding the SETRC Network will be completed.
- A workgroup will be formed to plan for increased
collaboration between SETRC and SEQA, for joint targeting of
districts/schools, and to redesign SETRC reporting.
- Regional meetings will be scheduled in
order to
facilitate increased collaboration between SETRC/SEQA and other technical
assistance networks.
- Professional development
that is provided to the SETRC network will be restored to the level of three statewide training
meetings per year.
- An ongoing needs assessment
process will be implemented in order to identify topics for professional development, and
to provide
additional network training opportunities.
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- Future Activities
- Projected Timelines and
Resources
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and
on going):
- Provide continuous and joint training
and professional development opportunities to staff and its funded
networks.
- Explore joint targeting and reporting
strategies between VESID and EMSC.
- Coordinate training calendars between
VESID and EMSC (i.e., statewide conferences and network meetings).
- Develop and expand regional
communication and collaboration protocols.
- Develop multiple methods of
collaboration and information sharing, such as shared mailing lists
and web sites.
- Explore involvement and shared
initiatives with additional statewide technical assistance networks,
such as Bilingual Education Technical Assistance Centers (BETAC), and Student
Support Services (SSS).
- Issue a RFP and award five-year
contracts to fund five Independent Living Center (ILC) transition projects.
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|
Chapter 405 |
- Baseline/Trend
Data
(for reporting period July 1,
2003 through June 30, 2004):
- Data on declassification rates
of preschool and school-age students with disabilities (see
Appendix 7.1).
- Data on placement of
school-age students with disabilities in separate settings
(see Appendices 8.1,
8.2, 8.3
and 8.4).
- Data on number of school
districts identified for one or more Chapter 405 issue (see
Appendix 17.1).
- Data on number of school
districts identified for each Chapter 405 issue (see
Appendix 17.2).
- Data on the size of the gap in
identification of students, based on race/ethnicity, for
special education, as compared to the percentage of each
race/ethnicity in the total enrollment (see
Appendix 17.3).
- Data on State level relative
risk values for each issue of disproportionality affecting
school-age students (see Attachment 2).
- Data on the number of school
districts having relative risk values of 1.2 or higher for
each issue of disproportionality and for each race/ethnicity
(see
Appendix 17.4).
Chapter 405 of the Laws of 1999
contains provisions that require the SED to identify school
districts with:
- high rates of identification of students for
special education;
- low rates of declassification of
students with disabilities;
- high rates of placing school-age
students in separate settings;
- disproportion, based on
race/ethnicity, in identification of students for special
education;
- identification of students by particular
disabilities; and
- disproportion in the placement of students in more
restrictive settings.
SED must then work with the identified
school districts to verify such rates, determine underlying
causes and, if necessary, may require the development of a
corrective action plan to implement policies, practices and
procedures in order to improve results in the identified problem areas.
During the 2004-05 school year, SED will identify school
districts for the third time since 1999. In the 2000-01 school
year, 364 school districts were identified as having one or more
issues, in 2002-03, 353 school districts were identified and in
2004-05, 430 school districts will be notified. For each
notification year, SED assigns districts to one of three levels
of technical assistance: targeted, regional or self-review (see Table FAPE.I
and also
Requirements for Districts Identified Under Chapter 405 of the
Laws of 1999).
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- Targets
(for reporting period July 1,
2003 through June 30, 2004):
- by November 1, Chapter 405
districts will be required to update Comprehensive System of Personnel Development (CSPD)
plans.
- A vendor will be selected in order to
implement a technical assistance center to address Chapter 405
requirements.
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- Explanation of Progress/Slippage
(for reporting period July 1,
2003 through June 30, 2004):
- The annual Chapter 405 report was
developed and submitted to the legislature by December 1,
2004, as required, and may be accessed at
www.vesid.nysed.gov/specialed/chapter405/home.html.
This report provides a thorough description of SED’s technical
assistance initiatives related to Chapter 405 issues.
- The Metro Center for Urban Education
at New York University (NYU) was selected as the vendor to establish
six demonstration sites to develop implementation strategies related
to disproportionality issues.
- NYS SIG and SIG Supplemental Grant
continued to focus on disproportionality in SIG districts.
- SED implemented a small grant from WESTAT and contracted with consultants
in order to recommend enhancements to
New York State’s methodology for identifying school districts whose
data indicate disproportionality, based on race/ethnicity, in the
identification of students for special education, identification of
students by particular disabilities, and in the placement of students
in more restrictive settings. The recommendations from the grant were
implemented using verified data from the 2002-03 school year. The
revised methodology consisted of using the chi-square formula to
determine if the data were significantly disproportionate and the
relative risk ratios to determine the nature and extent of the disproportionality.
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- Projected
Targets
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and on going):
- 100 percent of school districts that
have one or more Chapter 405 issues, based on 2002-03 school year
data, will be notified during the 2004-05 school year and will be
assigned one of three levels of technical assistance in order to help them
address these issues. These four hundred thirty school districts will be
notified that they have one or more Chapter 405 issues. (See
Appendices
17.1 and 17.2 for the number of school districts by type of technical
assistance assigned and the number of school districts by type of
Chapter 405 issue. See Attachment 2 for
relative risk data at the State level. See
Appendix 17.4 for relative risk data at the school district level.
These data will be included in school districts Chapter 405
notifications).
- Ten of the 430 school districts will
be assigned the “targeted” form of technical assistance, 76 school
districts will be assigned the “regional training” form of technical
assistance, and 344 school districts will be assigned the
“self-review” form of technical assistance. All school districts with
identified issues will use the CSPD planning process to develop
strategies to address these issues, with "targeted" Chapter 405
districts requiring SED approval of their CSPD.
- SETRC, RSSC and SEQA will continue to
provide technical assistance to “targeted” and “regional training”
districts.
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-
Future Activities
- Projected Timelines and
Resources
(for
NEXT reporting period July 1, 2004 through June 30, 2005 and
on going):
- Mandate SETRC to consider Chapter 405
Targets as SETRC Target Districts. SETRC works closely with the
districts in the development and approval of the CSPD plans and also
provides professional development or other assistance or resources to
these districts.
- Involve SETRC in the development of
Partnership Agreements for the Big 4 Cities (Buffalo, Rochester,
Syracuse and Yonkers). These agreements incorporate planning to
address Chapter 405 issues.
- Invite SETRCs, SEQA, RSSC and other
interested parties to participate in activities in the six districts
that have been targeted for assistance by NYC Metro Center for Urban
Education at NYU (See Table FAPE.I -
Disproportionality and Technical
Assistance).
- Offer the services of two Regional
Bilingual Professional Development Specialists (one for upstate
regions and one for Long Island) in order to provide consultation and technical
assistance regarding disproportionality, and for working with culturally
and linguistically diverse students.
- SED will submit the annual report to
the Governor and Legislature on implementation of Chapter 405 in
December 2005.
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