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 I

Cluster Area I: General Supervision

TABLE GS.I, II, 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 GS.I, II, III Cluster Area I: General Supervision
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)?

Probes
GS.I, II, III:

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?
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?
GS.III: Are complaint investigations, mediations and due process hearings and reviews completed in a timely manner?
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.

Performance Indicator(s):
  1. General supervision instruments and procedures are used by the SEA in order to identify and correct IDEA noncompliance in a timely manner.

  2. 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.

  3. Complaints, mediation and due process hearings and reviews are completed in a timely manner.

Complaints and Monitoring
  1. Baseline/Trend Data
    (for reporting period July 1, 2003 through June 30, 2004):

See Attachment 1.
See Appendices 18.1 and 18.2.

  1. 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.
  1. 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.
  1. 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.
  1. Future Activities
  2. 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.
Impartial Hearings
  1. 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

  1. 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.
  1. 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.
  • 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.
  1. 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.
  1. Future Activities
  2. 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.
Special Education Space Requirements Plans
  1. 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.
 

  1. 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.
  1. 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.
  1. 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.
  1. Future Activities
  2. 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.
Training Networks
  1. 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.
  1. 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.
  1. 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."
  1. 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.
  1. Future Activities
  2. 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.
Chapter 405
  1. 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).
 

  1. 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.
  1. 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.
  1. 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.
  1. Future Activities
  2. 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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Cluster Area I: General Supervision

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