
Report on the Implementation of
Chapter 405 of the Laws of 1999
Table of Contents
Chapter 405 of the Laws of 1999Executive SummaryPart I: School-Age Report
Introduction Identification of School Districts Survey Development Data Verification Process Analysis of Chapter 405 Survey Results School District Actions Technical Assistance Special Education Training and Resource Center (SETRC) Network Quality Assurance Review Process Staff Development Training ProgramsPractical Strategies for the IEP Building Effective Student-Center Teams (B.E.S.T.) Training Effective Instructional Practices for Student with Disabilities 7th Annual Conference on Inclusive Schools and Communities for Children and YouthTechnical Assistance ProjectsPrevention/PrereferralSpecial Education Space Requirements Plans
BOCES Symposium
Bilingual Special Education Resource Network
Appendix A: Criteria and Calculations Document
Appendix C: Sample School District Data Summary Notification Form
Chapter 405 of the Laws of 1999
With the signing of the State Budget for the 1999-2000 fiscal year and several conforming Chapter Bills, the Legislature and Governor enacted legislation that addresses some of the major issues the Board of Regents has identified as critical to improving special education services in New York State. Chapter 405 of the Laws of 1999 is one of the conforming Chapter Bills of the State Budget for the 1999-2000 fiscal year.
School-Age Report
The Chapter 405 provisions specific to students with disabilities include:
Identify school districts with high rates of identification, low rates of declassification, high rates of placement in separate sites and significant disproportion, based on race and ethnicity, in identification and placement in particular settings of students with disabilities.
Work with the identified school districts to verify such rates, determine underlying causes and may, if necessary, require the development of a corrective action plan.
Criteria were developed to identify school districts significantly above the statewide average for each area of concern. Each area is fully discussed in the body of the report. A brief summary of the prominent findings of the Chapter 405 surveys the districts completed follows.
Classification - The statewide average classification rate in 1998-99 was 11.8 percent. Eighty-six school districts were identified as having classification rates of 15 percent or higher. The top-ranked reasons cited by the districts for high rates of classification are:
The number of at-risk children due to socioeconomic environment.
High percentages of new entrants to the district had been classified by the previous district.
Insufficient preparation and training of general education teachers.
Parent referral and support for special education
Preschool Declassification - Forty-six school districts were identified as having low declassification rates of 5 percent or lower for preschool students with disabilities. The reasons most frequently cited by the districts for low declassification rates are:
Recommendations from preschool providers to continue the same level of services.
Parent satisfaction with special education.
School-Age Declassification - Eighty-two school districts were identified as having low declassification rates of 1.5 percent or lower for school-age students with disabilities. The reasons most frequently cited by the districts for low declassification rates are:
Parent satisfaction with special education.
Insufficient support services available in general education to accommodate declassified students.
Separate Educational Settings - The 1998-99 statewide average rate of placing school-age students with disabilities in separate education settings was 8.9 percent. The 1997-98 national average was 4.1 percent (latest year for which data are available). One hundred seventeen school districts were identified with a rate of 10 percent or higher of placing school-age students with disabilities in separate education settings. The reasons most frequently cited by school districts for high rates of placing students in separate settings are:
Behavior of some students may be too disruptive.
Insufficient numbers of students with disabilities with similar needs.
Difficulty coordinating students intensive service needs in district-based programs.
Insufficient space available in general education buildings.
Disproportionate Representation in Identification Two hundred eighteen school districts were identified with an overrepresentation, based on race and ethnicity, in the identification of school-age students as students with disabilities or in the identification of students having particular disabilities. The reasons most frequently cited by the districts for overrepresentation are:
Higher incidence of disability across all cited disability categories among the racial/ethnic groups.
Parent satisfaction with special education.
Greater incidence of a particular disability cited for a district (e.g., ED, MR, LD, SI) among the racial/ethnic groups.
The location of a group home facility or facility for homeless families.
Lack of availability of general education programs.
Disproportionate Representation in Placement of Preschool Students with Disabilities Six school districts were identified with an overrepresentation, based on race/ethnicity, in the placement of preschool students with disabilities in separate settings. The reason most frequently cited by the districts for overrepresentation is:
Lack of availability of approved preschool programs that include nondisabled students and are within a commutable distance from student homes.
Disproportionate Representation in Placement of School-Age Students with Disabilities One hundred three school districts were identified with disproportionate representation, based on race/ethnicity, in the placement of school-age students with disabilities in more restrictive settings. The reasons most frequently cited by the districts for overrepresentation are:
Insufficient support services to maintain students in general education.
Insufficient space or facilities available.
Local feeder patterns that result in clustering of students.
Preschool Report
Chapter 405 requested information in seven areas specific to preschool students with disabilities. Each area is fully discussed in the body of the report and five areas are highlighted below.
An assessment of the projected need for additional classes serving only children with disabilities and those serving children with disabilities with their nondisabled peers and in other less restrictive settings.
An assessment of the projected need for additional programs due to program closings in the region, number of children receiving early intervention services and existing waiting lists.
It is a local process to identify need when proposing the development of new or expanded preschool special class programs. The Department reviews specific information to determine whether there is a sufficient need for the proposed program. However, all students who have been identified by their local Committees on Preschool Special Education have been recommended for programs and services required to address their needs. During the 1999-00 school year, six agencies notified the Department of the decision to close their programs. Committees on Preschool Special Education arranged for alternate services for every child affected in accordance with regulations. While there have been disagreements between parents and school districts about certain children and certain programs, none of these children have gone unserved.
An evaluation of the programmatic performance and cost-effectiveness of existing programs.
Recommendations regarding ways in which improved quality and cost-effectiveness could be achieved through the selective expansion of effective programs and/or the curtailment of less effective programs.
An assessment of the availability and effectiveness of approved programs providing services to preschool children with autism.
The Departments Special Education Quality Assurance process currently provides information relative to program compliance with regulation and program effectiveness. Additionally, the Department will be conducting two studies to further evaluate program effectiveness. The first study will identify quality performance indicators to be used in future evaluations of preschool special education programs. The second study is a longitudinal study of the effects of preschool special education programs and services on later educational placement and achievement. The two studies will provide the Department with the information necessary to provide a quality review of preschool programs and develop recommendations regarding program expansion and restructuring. The Department will be collecting specific data in the area of autism, including the identification of indicators of quality services for preschool children with autism, recommendations for measuring effectiveness of services related to student progress and a survey of existing programs using the identified quality indicators.
Part I: School-Age Report
Introduction
This report is prepared to comply with Chapter 405 of the Laws of 1999. Within Chapter 405 are specific provisions that require the Department to identify school districts with high rates of identification of students as students with disabilities, low rates of declassification of students with disabilities, high rates of placement of students with disabilities in separate sites and significant disproportion, based on race and ethnicity, in identification and placement in particular settings of students with disabilities. The Department 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 to improve results in the identified problem areas.
The seven "problem areas" addressed in Chapter 405 are:
1. High rate of identification of students as students with disabilities.
2. Low declassification rate of preschool students with disabilities.
3. Low declassification rate of school-age students with disabilities.
4. High rate of placing school-age students with disabilities (ages 6-21) in separate education settings.
5. Disproportion, based on race/ethnicity, in the identification of students as students with disabilities, or in the identification of students having a particular disability.
6. Disproportion, based on race/ethnicity, in the placement of preschool students with disabilities in separate education settings. (Footnote 1)
7. Disproportion, based on race/ethnicity, in the placement of students with disabilities in more restrictive settings.(Footnote 2)
Part I of this report addresses the steps the Department has undertaken to address the issues and requirements in Chapter 405, related to students with disabilities.
Identification of School Districts
In October 1999, a work group was established to develop procedures to comply with the requirements of Chapter 405 of the Laws of 1999. The work group analyzed statewide data for each of the seven problem areas. Criteria were developed to identify school districts significantly above the statewide average for each problem area (see Appendix A: Criteria and Calculations Document). In addition, national data were analyzed to identify school districts for Problem Area 4.
The Departments verified 1998 BEDS (Footnote 3) enrollment and 1998-99 PD (Footnote 4) data were used to identify school districts for Problem Areas 1-4. Verified 1997 BEDS enrollment and 1997-98 PD data were used to identify school districts for Problem Areas 5, 6 and 7. Verified 1998 BEDS enrollment and 1998-99 PD data were not available when the Department analyzed data to identify school districts for Problem Areas 5, 6 and 7. In April 2000, a Chapter 405 notification packet was sent to 411 school districts statewide identified in one or more of the seven problem areas.
Following a review of materials developed by other states, the work group developed surveys (see Appendix B: Surveys A-H) for school districts that were identified in one or more of the seven problem areas. Surveys A-G corresponded to Problem Areas 1-7.
The first question of these surveys provided an opportunity for school districts to review the accuracy of BEDS enrollment and PD data reported to the Department for the 1997-98 or 1998-99 school years. Although data are verified by the Department annually, districts were asked to verify the data for a second time for the Chapter 405 process. If accurate data were reported, school districts completed and returned the required survey(s).(Footnote 5) If data were not accurate, school districts were instructed to submit revised data to the Department for review and determination if the survey(s) was required.
The remaining questions of Surveys A-G asked districts to identify reasons for the particular problem area. Surveys E-G for Problem Areas 5, 6 and 7 also included questions on the special education process such as referral, evaluation, placement, availability of general education support services, and procedures for data analysis. In addition, Survey H was required for Problem Areas 5, 6 and 7 and asked school districts to identify actions/initiatives it implemented, since the 1997-98 school year, to address race/ethnicity disproportionality.
The Chapter 405 notification packet included an individualized School District Data Summary Notification Form (see Appendix C: Sample School District Data Summary Notification Form) that summarized 1997-98 and 1998-99 BEDS enrollment and PD data that school districts reported to the Department for each of the seven problem areas. If, after reviewing this data, the school district determined that it was inaccurate, the data was resubmitted.
The Department reviewed revised data submitted by 109 school districts and compared them to the original data submitted. The Department recalculated the data and compared them with the criteria to identify school districts to determine if the survey(s) was required. As a result of the data verification process:
47 of 411 school districts (11 percent) identified were removed from the Chapter 405 database; and
121 of the 779 surveys (16 percent) were not required to be completed.
Click here for Detailed View of Chart A
Analysis of Chapter 405 Survey Results
The following definitions provide a context for the data presented in this section:
Need/Resource Capacity (N/RC) is a measure of a school district's ability to meet the needs of its students with local resources. The Department classifies school districts into six categories, as follows:
N/RC Categories |
Number of School Districts |
| New York City | 1 |
| Large City Districts | 4 |
| Urban-Suburban High N/RC Districts | 38 |
| Rural High N/RC Districts | 163 |
| Average N/RC Districts | 349 |
| Low N/RC Districts | 134 |
- The first four N/RC Categories are referred to as high-need districts, since the needs of their students are relatively high compared to school district resources to address these needs. Student need is a measure based on a poverty factor (i.e., free or reduced price lunch applicants) as well as the number of limited English proficient students residing in the school district and geographic sparsity factor. Resource Capacity is a measure of school district wealth per pupil compared to the state average wealth per pupil. Average need districts have a greater capacity to meet the needs of their students when compared to the high need districts. Low N/RC districts have the lowest need students relative to their district resources to meet those needs.
Disproportion, based on race/ethnicity, is defined below for Problem Areas 5, 6, and 7. Data regarding disproportionality, based on race/ethnicity, in the identification or placement of students with disabilities must be reviewed at the individual school district level to determine the root causes.
Problem Area 5: Disproportion, based on race/ethnicity, in the identification of students as students with disabilities occurs when the percent of students with disabilities of any racial/ethnic group is greater than the percent the racial/ethnic group is of the total district enrollment.
Disproportionality, based on race/ethnicity, in the identification of students having a particular disability occurs when the percent of students of any racial/ethnic group identified as having a particular disability is greater than the percent of all students with disabilities in the school district classified by that disability.
Problem Area 6: Disproportion, based on race/ethnicity, in the placement of preschool students with disabilities in separate settings occurs when the percent of preschool students with disabilities of any racial/ethnic group in separate education settings is greater than the percent of all preschool students with disabilities placed in separate education settings by the school district.
Problem Area 7: Disproportion, based on race/ethnicity, in the placement of school-age students with disabilities in more restrictive settings occurs when the percent of school-age students with disabilities of any racial/ethnic group in the more restrictive setting is greater than the percent of all school-age students with disabilities placed in more restrictive settings by the school district.
Following is an analysis of data regarding the number of school districts identified for each problem area, the basis for their identification, and the reasons they cited as contributing to their identification. School district responses to survey questions related to disproportionality, based on race/ethnicity, are summarized for Problem Areas 5, 6, and 7. The survey questions relate to selected special education processes that would likely impact disproportionality data. School districts reported corrective actions they have taken or are planning to take, and if they had been cited by the U.S. Department of Education, Office of Civil Rights (OCR) for issues relating to race/ethnicity disproportionality.
Problem Area 1: High rates of identification of students as students with disabilities. The statewide average classification rate in 1998-1999 was 11.8 percent. Eighty-six school districts with classification rates of 15 percent or higher were identified. Chart B illustrates the classification rate for all school districts (not just those identified) by their Need/Resource Capacity (N/RC). High-need districts classify greater percentages of students as students with disabilities. New York City is an exception.

Click here for Detailed View of Chart B
Chart C shows the percentage of school districts within each N/RC category that were identified as having a high rate of classification. Consistent with data in Chart B, greater percentages of high-need districts were identified as having high classification rates and consequently were required to complete Survey A.

Click here for Detailed View of Chart C
Eighty-five of the 86 districts identified for Problem Area 1 completed Survey A (see Appendix B: Surveys A-H). School districts were asked to identify first, second and third reasons and/or to describe "other" reason(s) for having a high classification rate. Chart D provides the reasons identified by school districts for high classification rates.

Click here for Detailed View of Chart D
The most frequently cited reasons for high classification rates among 85 school districts were:Reason E: The number of children at-risk due to socioeconomic environment was cited by 68 percent or 58 of the responding districts. This reason was cited as the primary reason by 30 school districts.
Reason A: High percentage of new entrants to the district classified by previous district was cited by 62 percent or 53 of the responding districts. This reason was cited as the primary reason by 31 school districts.
Reason C: Insufficient preservice and/or in-service preparation and training of general education teachers to prepare them for addressing the needs of at-risk students was cited by 28 percent or 24 of the responding school districts. This reason was cited as the primary reason by eight school districts.
Reason B: High rate of parent referral and support for classification was cited by 28 percent or 24 of the responding school districts. This reason was cited as the primary reason by three school districts.
"Other" reasons and comments were provided by 15 percent or 12 of the responding school districts; however, the majority of "other" reasons appear similar to reasons E and A, and are summarized as follows:
Eight districts commented that students residing in group homes, foster homes, population of at-risk students, low district combined wealth ratio, and high percentage of students receiving free or reduced price lunch contributed significantly to their high classification rates. Some districts noted that students residing in group homes or foster homes are often classified prior to entering their districts.
Three districts provided data to illustrate that classified students moving into the districts resulted in an increase in their classification rates.
Problem Area 2: Low declassification rate for preschool students with disabilities. The statewide average declassification rate for preschool students with disabilities in 1998-99 was 14 percent. School districts with 20 or more preschool children enrolled on December 1, 1998, and preschool declassification rates of 5 percent or lower were identified as having a low rate.
As a result of the data verification process, the number of school districts identified for this problem area was reduced from 118 to 46. Many school districts reported incomplete data for the number of preschool children declassified as a result of not understanding the form used to collect these data. The State Education Department has modified the form for the 2000-01 school year to improve the accuracy of these data.
Forty-three of the 46 districts identified for Problem Area 2 completed Survey B. School districts were asked to identify first, second, and third reasons and/or to describe "other" reason(s) for having a low preschool declassification rate. Chart E provides the reasons cited by school districts for having a low preschool declassification rate.

Click here for Detailed View of Chart E
The most frequently cited reasons for low preschool declassification rates among the 43 school districts were:
Reason E: Recommendations from preschool providers to continue the same level of services was cited by 84 percent or 36 of the responding districts. This reason was cited as the primary reason by 27 school districts.
Reason D: Parent satisfaction with special education. This reason was cited by 44 percent or 19 of the responding districts. This reason was cited as the primary reason by four school districts.
"Other" reasons were provided by 40 percent or 17 of the responding school districts. The most frequently cited "other" reason was identified by eight districts and is summarized as follows:
Preschool students are appropriately classified and require special education services. The severity of students' need or consensus of the multidisciplinary teams determines the recommendations for classification and declassification.
Problem Area 3: Low declassification rate for school-age students with disabilities. The average statewide declassification rate for school-age students with disabilities in 1998-99 was 3.6 percent. School districts with 75 or more school-age students with disabilities and having school-age declassification rates of 1.5 percent or lower were identified as having a low school-age declassification rate.
Seventy-seven of the 82 districts identified for Problem Area 3 completed Survey C. School districts were asked to identify first, second, and third reasons and/or to describe "other" reasons for having a low school-age declassification rate. Chart F below provides the reasons cited by school districts for having a low declassification rate for school-age students with disabilities.

Click here for Detailed View of Chart F
The most frequently cited reasons for low school-age declassification rates among the 77 school districts were:
Reason B: Parent satisfaction with special education was cited by 58 percent or 45 of the responding school districts. Also, this reason was cited as the primary reason by 19 school districts.
Reason A: Insufficient support services available in general education to accommodate declassified students was cited by 34 percent or 26 of the responding school districts. This reason was cited as the primary reason by 13 school districts.
"Other" reasons were provided by 62 percent or 48 of the responding school districts, and were cited as the primary reasons by 33 school districts. The other reasons are summarized as follows:
School districts indicated concerns among parents and staff that students will not be successful without support services in general education. Also, ten districts cited parent and staff concerns, that, without special education, sufficient support services required by students to meet the higher graduation requirements will not be available.
Eighteen school districts indicated that students are appropriately classified and do not meet criteria to be declassified.
Five districts reported inaccurate local level data collection and reporting procedures, resulting in inaccurate reporting of declassified students, which will be remedied in subsequent years.
Some school districts suggested that, if a school districts classification rate is low, it implies classified students have more severe disabilities or that students have been appropriately classified, making declassification inappropriate. The State Education Department analyzed data regarding this relationship and found that contrary to what might be expected, a higher percentage of school districts with the lowest classification rates (less than 10 percent) declassified more that 2.5 percent of school-age students with disabilities, compared to school districts with higher classification rates. (See Table D in Appendix D: School-age Surveys, Tables and Charts).
Problem Area 4: High rate of placing school-age students with disabilities, ages 6-21, in separate education settings. The 1998-99 statewide average rate of placing school-age students with disabilities in separate education settings was 8.9 percent. The 1997-98 national average for students with disabilities in such settings was 4.1 percent (latest year for which data are available). One hundred seventeen school districts with a rate of ten percent or higher were identified as having a high rate.
One hundred eleven of the 117 school districts identified for Problem Area 4 completed Survey D. School districts were asked to identify first, second, and third reasons and/or to describe "other" reasons for placing a high percent of school-age students in separate education settings. Chart G provides the reasons identified by school districts for placing high percentages of students with disabilities in separate education settings.

Click here for Detailed View of Chart G
The most frequently cited reasons for placing students with disabilities in separate education settings among the 111 school districts were:
Reason A: Behavior of some students with disabilities is too disruptive to permit participation in general education buildings was cited by 67 percent or 74 of the responding school districts. This reason was cited as the primary reason by 32 districts.
Reason D: Difficulty coordinating students intensive clinical and/or other service needs in district-based programs was cited by 39 percent or 43 of the responding school districts. This reason was cited as the primary reason by 15 school districts.
Reason B: Insufficient numbers of students with disabilities with similar needs to permit operation of district-based special education program was cited by 38 percent or 42 of the responding school districts. This reason was cited as the primary reason by 20 districts.
Reason C: Insufficient space available in general education buildings that results in out-of-district placements was cited by 30 percent or 33 of the responding school districts. This reason was cited as the primary reason by 14 districts.
"Other" reasons and comments were provided by 30 percent or 33 of school districts, and as their primary reasons by 20 school districts. The other reasons are summarized, as follows:
Eight school districts indicated that location of group homes, foster homes, and intermediate care facilities contributed to their high rate of placing students in separate settings. Districts indicated that these students require intensive services and enter into the district with an IEP recommending a separate site placement.
Seven districts cited students with disabilities entering the district with Individualized Education Programs (IEPs) recommending placement in separate settings because their disabilities required intensive support services.
Two school districts indicated inaccurate data reporting during the 1998-99 school year that have been corrected for the following year.
Two school districts suggested that their low classification rate needs to be considered when reviewing their rate of placement of students in separate settings, since low classification rate implies students with more severe disabilities.
The Department analyzed data regarding the relationship between classification rate and the percent of school-age students with disabilities in separate education settings. There does not seem to be a relationship between classification rates and the placement of students with disabilities in separate education settings. When school districts with classification rates of less than ten percent were compared to school districts with classification rates of more than 15 percent, a higher percentage of districts with lower classification rates placed a greater percentage of students in separate education settings. However, when school districts with classification rates between ten to 12 percent were compared to school districts with classification rates between 12 to 15 percent, a greater percentage of the school districts with higher classification rates placed more than ten percent of students in separate education settings.
Problem Area 5: Disproportionate representation, based on race/ethnicity in the identification of school-age students as students with disabilities or in the identification of students by particular disabilities.
Each school districts race/ethnicity data were analyzed to determine possible disproportionality for each racial/ethnic group, that is:
which school districts identified a larger percentage of students as students with disabilities, compared to that group's percentage in the total district enrollment.
which districts identified a greater percentage of students with disabilities as mentally retarded, emotionally disturbed, learning disabled, speech impaired, or "other," compared to the percentage of all students with disabilities in the district who are identified by these disability categories.
The Department used the Chi-Square formula to identify school districts that had significant disproportion, based on race/ethnicity, in the two areas explained above. In order for a school district to be identified as having significant disproportion, the Chi-Square result had to be significant and there had to be at least ten students in every expected value of the Chi-Square formula.
As a result of the Chi-Square calculations, 218 school districts were identified as having some disproportion for one or more racial/ethnic groups for one or both types of disproportion explained above.
Two hundred three of the 218 school districts completed Survey E; 195 of the 203 districts completed Survey H. Survey E asked school districts to provide reasons for:
overrepresentation, based on race/ethnicity, in identification of students as students with disabilities and
overidentification of students with disabilities by particular disability.
Districts were asked for information on selected special education processes. Survey H asked three questions related to steps undertaken since 1997-98 to address disproportion issues and the involvement of the school district, if any, with the U.S. Department of Education, Office of Civil Rights. A summary of school district survey responses follows.
Problem Area 5, Survey E
Question |
# of surveys |
Yes |
No |
Analysis |
#1 Do the data you submitted in 1997-98 accurately reflect the data reported by your school district and the actual pattern of overall identification of school-age students with disabilities? |
199 |
97% |
3% |
Nearly all districts indicated that the original data they submitted were accurate. |
#2 Does the school district analyze data to determine race/ethnicity proportionality for the overall identification, identification by a particular disability and the declassification of students? |
199 |
73% |
27% |
A greater percentage of Low Need districts (87 percent) and Big Five Cities (100 percent) analyze data to determine proportionality, compared to Urban-Suburban (61 percent) and Rural High Need districts (69 percent). |
#3 Does the school district review referrals to special education to detect any pattern that might indicate a problem with disproportionate referrals of students of a particular race or native language? |
197 |
79% |
21% |
A greater percentage of Big Five Cities (80 percent) and Low Need districts (87 percent) review referrals to special education to detect disproportionately, compared to Urban-Suburban High Need districts (71 percent) or Rural High Need districts (69 percent), or Average Need districts (76 percent). |
#4 Does the district have a written referral policy to offer general education support services (such as Educationally Related Support Services and Section 504 accommodation) and to encourage ongoing communication with parents prior to referral to special education? |
195 |
94% |
6% |
A high percentage of all Need Resource Capacity categories of school districts maintain written referral policies to use general education supports prior to referral to special education. Rural High Need districts reported the lowest rate (88 percent), compared to other Need Resource Capacity categories of school districts. |
#5 Are general education support services, such as speech improvement services, academic remediation, guidance services, psychological and social work services, available to all nondisabled students who may require them? |
198 |
98% |
2% |
Nearly all school districts in every Need Resource Capacity category offer general education support services to all students. Lower percentages were reported by the Large Four Cities (80 percent), and by the Rural High Need districts (88 percent). |
#6 Does the school district offer general education programs for limited English proficient students (or English language learners)? |
198 |
95% |
5% | Ninety-five percent of all school districts offer general education programs for English language learners. However, only 75 percent of rural High Needs districts offer such services. Each of the Big Five Cities offers full bilingual programs, but very small percentages of the other district categories do so (0 to 23 percent). Generally, school districts other than the Big Five Cities, offer only ESL Services. |
If yes, indicate Full Bilingual |
183 |
11% |
89% | |
or English as a Second Language (ESL) only. |
189 |
95% |
5% | |
#7 Are all instructional and administrative personnel informed of the range of general education support services available in the district?" |
197 |
99% |
1% |
Nearly all school districts indicated that instructional and administrative personnel were informed regarding the range of general education services available in the district. One of the Big Five Cities responded "no." |
#8 Does the school district have written criteria for the appropriate selection and administration of nondiscriminatory evaluation and assessment instruments (e.g., using trained personnel and using properly normed assessments)? |
193 |
89% |
11% |
One hundred percent of the Big Five Cities and 94 percent of the Low Need Districts responded positively, compared to 85 to 88 percent of other district categories. |
#9 Have personnel received training on cultural and language differences and their implications for assessment, and appropriate interpretation of results? |
191 |
80% |
20% |
Outside the Big Five Cities, significant percentages of school districts (16 to 50 percent) indicated that personnel have not received training on cultural and language differences among students and their implications for assessment and interpretation of results. All the Big Five Cities indicated that personnel had received such training. |
Question |
# of surveys |
Yes |
No |
#1 Has the school district implemented any actions/initiatives, since the 1997-98 school year, to address the race/ethnicity disproportionality issue(s) identified in the attached notice(s)? |
191 |
50% |
50% |
#2 Does the school district plan to implement any actions/initiatives in order to address race/ethnicity disproportionality issues identified in the attached notice(s)? |
190 |
67% |
33% |
Has the school district been cited by the U.S. Department of Education, Office of Civil Rights (OCR), within the past six years, for issues relating to race/ethnicity disproportionality? If yes, please attach a copy of the documentation of OCR findings, as well as a copy of any documented corrective actions or responses to resolve the finding (s). |
191 |
8% |
92% |
| If yes, is documentation attached? | 13 |
69% |
31% |

Click here for Detailed View of Chart H
In Survey E, the most frequently cited reasons for overrepresentation, based on race ethnicity, in the identification of students as students with disabilities, or in the identification of students with particular disabilities among the 203 school districts were:
Reason I: Upon completing appropriate evaluations and applying definitions prescribed in Section 200.1 of the Regulations of the Commissioner of Education, the district has determined that there is a higher incidence of disability across all disability categories among the racial/ethnic group(s) cited in the attached notice was cited by 28 percent or 56 of the responding school districts. This reason was cited as the primary reason by 44 school districts.
Reason H: Parent satisfaction with special education was cited by 26 percent or 53 of the responding school districts. This reason was cited as the primary reason by 22 school districts.
Reason J: Upon competing appropriate evaluations and applying definitions prescribed in Section 200.1 of the Regulations of the Commissioner of Education, the district has determined there is a greater incidence of a particular disability (e.g., emotionally disturbed, mental retardation, learning disabled, speech impaired) among the racial/ethnic groups cited in Attachment B-Part 1 and was cited by 20 percent or 41 of the responding school districts. This reason was cited as the primary reason by 18 school districts.
Reason F: The location of a group home facility or facility for homeless families is within the school district catchment area and was cited by 19 percent or 38 of the responding school districts. This reason was cited as the primary reason by 14 school districts.
Reason D: Lack of availability of general education programs such as Educationally Related Support Services, speech and language improvement services, bilingual education and remedial programs was cited by 11 percent or 22 of the responding school districts. This reason was cited as the primary reason by 11 school districts.
"Other" reasons and comments were provided by 55 percent or 111 of the responding school districts and are summarized, as follows:
Twenty-eight school districts, in which White students were overrepresented in special education or were disproportionately identified by a particular disability, indicated that identification was a result of their population being predominantly Caucasian. Some of these school districts indicated that poor socioeconomic conditions of the students and their families, contributed to the identification of these students as students with disabilities. Similarly, some school districts with high percentages of minority students, indicated their identification was not appropriate, due to their predominantly minority enrollment.
Nineteen school districts indicated that the existence of group homes, or foster care students residing within the districts having high percentages of students from minority, impoverished backgrounds contributed to the overrepresentation of minorities in special education.
Eighteen school districts indicated that students moving into their districts were already classified as having disabilities. Also, 11 school districts indicated that high mobility rates of students (transient nature of the population) contributed to their identification as students with disabilities.
Eleven school districts indicated that poor socioeconomic conditions of families contributed to their classification as students with disabilities.
Five school districts commented that classification was necessary due to students' low academic skills or lack of basic skills that could not be remediated within the general education setting.
Problem Area 6: Disproportionate representation, based on race/ethnicity, in the placement of preschool students with disabilities in separate settings (settings that include only preschool students with disabilities).
The Department used the Chi-Square formula to identify school districts that placed a greater percentage of preschool students with disabilities of any racial/ethnic group in separate settings, compared to the school district's rate of placing all preschool students with disabilities in separate settings. In order for a school district to be identified as having significant disproportion, the Chi-Square result had to be significant and there had to be at least ten students in every expected value of the Chi-Square formula. As a result of the Chi-Square calculations, six school districts were identified as having some disproportion for one or more racial/ethnic groups.
Six school districts completed Survey F; five of the six completed Survey H. Survey F asked school districts to provide reasons for the disproportion, based on race/ethnicity, in placement of preschool students with disabilities in separate settings.
Districts were asked for information on selected special education processes. Survey H asked 3 questions related to steps undertaken since 1997-98 to address disproportion issues and the involvement of the school district, if any, with the U.S. Department of Education, Office of Civil Rights. A summary of school district survey responses follows.
Problem Area 6, Survey F
Question |
# of surveys |
Yes |
No |
#1 Do the data you submitted in 1997-98 accurately reflect the data reported by your school district and the actual pattern for the overall placement of preschool students with disabilities? |
6 |
100% |
0% |
#2 Does the school district analyze data to determine race/ethnicity proportionality in preschool special education placements? |
6 |
100% |
0% |
#3 Are CPSE members familiar with requirements to place students with disabilities in the least restrictive environment, as required by Sections 200.1 (cc) and 200.16 (d) (3) (iv) of the Regulations of the Commissioner of Education?" |
6 |
100% |
0% |
#4 Are all CPSE members who develop placement recommendations familiar with the level of integration opportunities available in preschool programs located in their region? |
6 |
83.3% |
16.7% |
#5 Are behavioral intervention plans implemented in order to maintain students in natural (e.g. home) or integrated settings (i.e., programs attended by nondisabled students)? |
6 |
83.3% |
16.7% |
#6 Does the school district review data disaggregated by race/ethnicity to assess whether all preschool students are making progress? |
6 |
83.3% |
16.7% |
Question |
# of surveys |
Yes |
No |
#1 Has the school district implemented any actions/initiatives, since the 1997-98 school year, to address the race/ethnicity disproportionality issue(s) identified in the attached notice(s)? |
5 |
80% |
20% |
#2 Does the school district plan to implement any actions/initiatives in order to address race/ethnicity disproportionality issues identified in the attached notice(s)? |
5 |
100% |
0% |
Has the school district been cited by the U.S. Department of Education, Office of Civil Rights (OCR), within the past six years, for issues relating to race/ethnicity disproportionality? If yes, please attach a copy of the documentation of OCR findings, as well as a copy of any documented corrective actions or responses to resolve the finding(s). |
5 |
20% |
80% |
If yes, is documentation attached? |
1 |
0 |
100% |

Click here for Detailed View of Chart I
Problem 7: Disproportionate representation, based on race/ethnicity, in the placement of school-age students with disabilities in more restrictive settings.
Each school districts data regarding race/ethnicity and placement in the following settings was analyzed:
General education setting in which students with disabilities attend general education classes for 80% to 100% of the school day;
General education setting in which students with disabilities attend general education classes for less than 40% of the school day; and
Separate education settings that are attended by students with disabilities only for more than 50 percent of the day.
The Department used the Chi-Square formula to identify school districts that had significant disproportion, based on race/ethnicity, in the three areas explained above. In order for a school district to be identified as having significant disproportion, the Chi-Square result had to be significant and there had to be at least ten students in every expected value of the Chi-Square formula.
As a result of the Chi-Square calculations, 103 school districts were identified as having some disproportion for one or more racial/ethnic groups in one or more of the three placement types explained above.
Ninety-five of 103 school districts completed Survey G; 86 of the 95 districts completed Survey H. Survey G asked school districts to provide reasons for:
The disproportionate placement, based on race and ethnicity, of school-age students with disabilities in more restrictive settings.
Districts were asked for information on selected special education processes. Survey H asked 3 questions related to steps undertaken since 1997-98 to address disproportion issues and the involvement of the school district, if any, with the U.S. Department of Education, Office of Civil Rights. A summary of school district survey responses follows.
Problem Area 7, Survey G
Question |
# of surveys |
Yes |
No |
Analysis |
#1 Do the data you submitted in 1997-98 accurately reflect the data reported by your school district and the actual pattern for the overall placement of school-age students with disabilities? |
90 |
96% |
4% |
Nearly all school districts reported that the 1997-98 data were accurate and reflected the overall placement of school age students with disabilities. |
#2 Does the school district analyze data to determine race/ethnicity proportionality in the placement of school-age students with disabilities in school buildings and educational settings that include general education students? |
90 |
76% |
24% |
A substantial percentage of school districts do not analyze data regarding race/ethnicity and placement of students in more restrictive settings. |
#3 Are Committee on Special Education (CSE) members familiar with requirements to place students with disabilities in the least restrictive environment, as required by Section 200.1 (cc) and Section 200.4 (d) of the Regulations of the Commissioner of Education? |
91 |
100% |
0% |
All School districts reported that their CSE members are familiar with regulatory requirements regarding placing students with disabilities in the least restrictive setting. |
#4 Are placement decisions made by the CSE based on a student's educational needs rather than based on classification? |
91 |
98% |
2% |
Nearly all school districts reported making placement decisions based on educational needs rather than the disability classification. |
#5 Does the school district review data disaggregated by race/ethnicity to assess whether all school-age students are making progress? |
91 |
71% |
29% |
A substantial percentage of school districts do not analyze data disaggregated by race/ethnicity to determine educational progress of students with disabilities. |
#6 Are behavioral intervention plans implemented in order to maintain students in general education settings? |
91 |
98% |
2% |
Nearly all school districts reported implementing behavioral intervention plans to maintain students in the general education settings. |
#7 Does the school district provide parents and staff demographic information about the racial make-up of the special education programs in the districts? |
91 |
33% |
67% |
Only one-third of the school districts provide parents and staff demographic information regarding racial/ethnic make-up of the special education programs in the district. |
Problem Area 7, Survey H
Question |
# of surveys |
Yes |
No |
Observation |
#1 Has the school district implemented any actions/initiatives, since the 1997-98 school year, to address the race/ethnicity disproportionality issue(s) identified in the attached notice(s)?" |
83 |
70% |
30% |
The majority of school districts indicated that they have been addressing issues related to disproportionately, based on race/ethnicity |
#2 Does the school district plan to implement any actions/initiatives in order to address race/ethnicity disproportionality issues identified in the attached notice(s)?" |
83 |
84% |
16% |
The majority of the school districts plan to implement actions/initiatives in order to address the race/ethnicity disproportionality issues |
Has the school district been cited by the U.S. Department of Education, Office of Civil Rights (OCR), within the past six years, for issues relating to race/ethnicity disproportionality? If yes, please attach a copy of the documentation of OCR findings, as well as a copy of any documented corrective actions or responses to resolve the finding (s). |
83
|
16%
|
84% |
Sixteen percent of school districts have been cited in the last six years for issues relating to race/ethnicity. |
If yes, is documentation attached? |
8 |
88% |
12% |
Chart J provides the reasons identified by school districts for having disproportion, based on race/ethnicity, in the placement of school-age students with disabilities in more restrictive settings.

Click here for Detailed View of Chart J
The most frequently cited reasons among the 95 school districts identified for the disproportionate placement, based on race/ethnicity, in the placement of school-age students with disabilities in more restrictive setting were as follows:Reason B: Insufficient support services to maintain students in general education was cited by 28 percent or 27 of the responding school districts. This reason was cited as the primary reason by 21 school districts.
Reasons A: Insufficient space or facilities available was cited by 18 percent or 17 of the responding school districts. This reason was cited as the primary reason by eight school districts.
Reasons C: Local feeder patterns (e.g. magnet or neighborhood school) that result in clustering of students of like race/ethnicity characteristics and was cited by 16 percent or 15 of the responding school districts. Also, this reason was cited as the primary reason by 11 school districts.
"Other" reasons and comments were provided by 58 percent or 55 of the responding school districts and are summarized, as follows:
Thirteen school districts indicated that the existence of group homes or foster care students residing within the districts having high percentages of students from minority, impoverished backgrounds contributed to the overrepresentation of minorities in special education.
Nine school districts indicated that they had students with severe behavioral, medical, social, physical and/or academic needs, requiring more restrictive placements.
Nine school districts indicated that students moving into their district with IEPs requiring more restrictive placements contributed to their disproportion.
Eight school districts indicated that they had completed appropriate evaluations and followed all applicable regulations and made placements based on students' educational needs.
Based on voluntary comments provided by school districts, the following are steps that some school districts have taken to address Chapter 405 problems.
Problem 1: High classification Rate
Instituting secondary-level child study teams to remediate students' needs prior to referral for special education.
Problem 2: Low Preschool Declassification Rate
Data entry problems have been corrected.
Problem 3: Low School-Age Declassification Rate
Increasing use of Section 504 to provide some accommodations, allowing for some declassification and lowering referrals to special education.
Improving the provision of student support services after declassification, allowing declassification to be successful.
Corrected data collection and reporting procedures.
Problem 4: High Percentage of students with disabilities in separate education settings
School districts have reduced their "separate setting" rate since 1998-99.
A high school district serving students beginning at age 12 is attempting to design placement options to serve students in less restrictive environments.
Improvement in reporting data accurately will result in lower rates in subsequent years.
Problem 5: Disproportionate representation, based on race/ethnicity, in the identification of students as students with disabilities, or in their identification by a particular disability.
In-service training is being planned for staff regarding nondiscriminatory assessments and cultural and language differences in students and their implication for both assessment and the proper interpretation of assessment results.
District is implementing procedures to report race/ethnicity consistently on various SED reports.
Problem 6: Disproportionate representation, based on race/ethnicity, in the placement of preschool students in separate settings.
More integrated preschool service models are being developed in the region.
Problem 7: Disproportionate representation, based on race/ethnicity in the placement of school-age students in more restrictive settings.
A district has taken over programs to be operated in general education buildings that were formerly operated by BOCES in separate settings.
Improvement in reporting data accurately will result in better data in subsequent years.
More BOCES programs are being offered in integrated sites than before.
One school district noted that a separate site school has closed since 1997-98, with students transferring to general education buildings. This will positively impact future data.
The Department provides technical assistance to school districts statewide serving students with and without disabilities. The Department identifies districts and targets resources based on continued analysis of student performance data. During the 1999-00 school year, VESID continued to provide technical assistance to school districts statewide to assist them in developing effective strategies to improve results. VESID provided technical assistance through the Special Education Training and Resource Center (SETRC) network, Quality Assurance review process, and the training programs and technical assistance projects described below. Many of the staff development training programs and technical assistance projects have been implemented over the last several years with positive results, while others are newly developed and in the beginning stages of implementation with only preliminary results available.
Special Education Training and Resource Center (SETRC) Network
SETRC is a professional development network composed of forty-two projects statewide that has provided technical assistance, since 1980, to personnel working with preschool and school-age children with disabilities. SETRCs role was significantly redirected in 1997-98 in response to special education reform initiatives and strategic planning activities intended to improve student results. Within this model, the Department identifies districts based on need. SETRC training specialists assist personnel in these districts to develop plans for professional development encompassing data analysis, needs identification, plan development, long-term implementation and support, and evaluation of results. The major intent of this approach focuses SETRCs technical assistance efforts on instruction and achievement within the classroom or other learning environments as a primary means for addressing student performance with an emphasis on shared accountability between the school and SETRC for improved results.
For the 1997-98 and 1998-99 school years, the SETRC network reported positive feedback to the services it provided to districts. Over 94 percent of recipients of SETRC services indicated that training focused on educational standards and support of integration, and that the training activities addressed current issues. The Department continues to assess the impact of SETRCs redirection by evaluating the effect of technical assistance on improving the targeted districts data.Quality Assurance Review Process
Since 1994-95, VESID has made fundamental conceptual and procedural changes in the manner in which school districts and preschool special education programs are monitored. The monitoring has been transformed into a data-driven and collaborative process of Quality Assurance. Conceptually, a system that previously focused upon procedural compliance now focuses on program effectiveness and student results. Schools are identified for review and resources targeted following a review of key criteria, drawn from VESIDs Strategic Plan, consistent with the data requirements in Chapter 405, that include district-specific data on reading and mathematics test scores, numbers and types of diplomas awarded, dropout rate, classification rate, integration in general education classrooms, placements in separate site settings and overrepresentation of minorities. The Quality Assurance review process involves collaborative program reviews with school district staff, parents, VESID and SETRC staff working together with the goal to make programs more effective and improve outcomes for students. As a result of the program review process, the review team identifies any areas of noncompliance and the required corrective action. For the 1999-00 school year, 76 reviews were conducted in preschool and school-age programs statewide in addition to the follow-up on the reviews that were completed in the previous year.
Staff Development Training ProgramsPractical Strategies for the IEP
This one-day training was designed to provide school districts with tools to develop and implement effective Individual Education Programs (IEP) for students with disabilities that provide appropriate education programs in the least restrictive environment. The training program was designed for both general and special educators and administrators. Districts with needs in the area of least restrictive environment were encouraged to attend. The training was held statewide during the 1999-2000 school year and approximately 1,600 participated representing 350 school districts. All training materials have been provided to the SETRC network for continued technical assistance to school districts.
Building Effective Student-Centered Teams (B.E.S.T.) Training
This new training was developed through the collaborative efforts of VESID and the NYS Office of the Advocate for Persons with Disabilities. The one-day training was designed to support school district personnel, including parents, involved in a teaming process, such as a Child Study Team, Committee on Preschool Special Education and Committee on Special Education, or other building-level student-focused teams. Ten training sessions will be conducted this fall targeting 80 school districts statewide identified with a need for improving the teaming process. The training provides participants with an opportunity to learn about, develop and practice strategies for effective team practices. Preliminary results of the evaluations of the first seven training sessions indicate positive feedback of this training initiative. In January 2001, all training materials will be provided to the SETRC network for continued technical assistance to school districts.
Effective Instructional Practices for Student with Disabilities
VESID has identified 17 schools with effective practices in instructional programs for students with disabilities. Selected schools received grants to share with other schools the instructional practices they have implemented to improve educational achievement and ensure the success of students with disabilities. These practices focus on:
Supporting students as they transition to less restrictive settings
Collaboration between general and special educators
Systems of positive behavioral supports
Curriculum modifications
Supplemental instructional programs
Innovative scheduling
Innovative delivery of related services
Peer support and cooperative learning strategies
Thematic instruction
This fall, VESID hosted four regional conferences at which eight or nine of the identified schools presented workshops on how to implement their effective instructional practices. Funds have been given to each of the presenting schools to provide technical assistance and information to other schools to replicate the instructional practices.
7th Annual Conference on Inclusive Schools and Communities for Children and Youth
In May 2000, VESID sponsored its seventh annual two-day conference attended by over 1,000 practitioners, parents, researchers, advocates, federal, State and local education officials. The theme of the conference was higher standards, school reform and inclusive practices and focused on preschool, school-age, higher education, preservice changes and community programs. The conference highlighted "Best Practice" programs from across the State as well as nationally recognized speakers on inclusive schooling.
Prevention/Prereferral
Whole-school approaches and prereferral interventions can reduce the need to classify children as having disabilities in order to address their learning needs. Since 1995, VESID has provided technical assistance to school districts on prevention and support services in general education. Districts with high rates of classification are targeted for technical assistance.
A two-day training programPrevention and Support Services in General Education: Instructional Support Teams. This training program, developed in 1997, continues to be delivered to school districts statewide through the SETRC network.
Identification and replication of schools with effective practices in prevention and prereferral interventions. Over a four-year period, grants were provided to schools identified with effective practices and to schools wishing to replicate these practices. The Department conducted regional conferences to promote the replication of the effective practices statewide.
Special Education Space Requirements Plans
New York State statute and regulation requires each District Superintendent to submit a Special Education Space Requirements Plan. These submissions were first required effective February 1, 1989 and are due February 1st of every fifth year thereafter. The purpose of such plan is to:
determine the need for additional facilities space for all special education programs in the geographic area served by the BOCES to ensure the provision of appropriate long-term instructional space; and
expand opportunities for students with disabilities to be educated in sites that promote integration with nondisabled students, while reducing the number of classrooms at separate sites that are exclusively attended by students with disabilities.
A key function of the planning committee of each BOCES region and New York City is to evaluate the status of special education placements in comparison to the Regents policy of decreasing the percentage of school-age students with disabilities educated in separate settings from 10.2 percent in 1996-97 as compared to the national figure of approximately 4.3 percent. The Department determined targets for BOCES regions based on data reported to the Department concerning special class placements of school-age students in integrated and separate sites.(Footnote 6) The targets, ranging from .8 to 13.7 percent, indicate the projected maximum percentage of students with disabilities in separate site placements for each BOCES region to be achieved by December 1, 2003 that reflects a projected shift of approximately 8,500 students with disabilities from separate to integrated sites. VESID staff continue to work collaboratively with each BOCES region and New York City to assist in accomplishing the goals of the Special Education Space Requirements Plan.
For Special Education Space Requirements Plan due February 1, 1999, VESID established procedures for monitoring the progress of each BOCES region in meeting its annual targets based on the annual progress reports to be submitted by the District Superintendent. Previously, BOCES and New York City were not required to report on the progress of meeting or exceeding the targets for their region. This new model represents a fundamental change in the manner in which each BOCES region and New York City oversee and report on the progress of meeting their targets on an annual basis. The first annual Progress Report, due May 1, 2000, included an analysis of the first year of implementing the Special Education Space Requirements Plan. The Progress Report involved an analysis of 1998-99 PD data in relation to the Special Education Space Requirements Plan to assess the success of each BOCES and New York City in meeting the target percentage reductions in separate site placements. Achievements included:
The number of regions with public and private special education placements at separate sites at or below the national average of 4.3 percent increased from 11 regions (28 percent) in 1996 to 21 regions (54 percent) in 1999.
Thirty of the 39 regions (77 percent), including New York City, have already met or exceeded their five-year target levels of integration as of 12/1/99.
All 38 BOCES regions and New York City project to meet or exceed their five-year target levels of integration as of 12/1/03.
As of 12/1/03, 26 regions (67 percent) project public and private special education placements at separate sites at or below the national average of 4.3 percent.
Increased understanding that the movement of students with disabilities into integrated settings is a regional issue requiring collaboration by all component school districts.
BOCES Symposium
The first BOCES Symposium was held on November 30, 1999 at the Williams Lake Hotel in Rosendale, New York. Thirteen BOCES teams participated, with seven BOCES presenting topics related to effective practices that promote achievement and integration. Examples of topics presented were "Successful Strategies to Integrating BOCES Special Education Classes in Regular School Settings" and "Differentiating Instruction to Help All Students Achieve." BOCES Teams of 4-6 people included the District or Assistant Superintendent, BOCES Special Education Director, Special Education Director of a School District, and a General Education Administrator for BOCES or a School District. Department coordinators, supervisors, and Regional Associates also participated.
Results of the evaluation survey indicated overwhelming support of the symposium.
Participants indicated they planned to incorporate many of the ideas presented.
All 38 District Superintendents received a summary of the symposium that included highlights of the seven presentations and contact information for follow-up and an overview of evaluation surveys.
A second BOCES symposium is scheduled for the spring of 2001 since the first event was extremely successful in facilitating communications among BOCES related to promising practices. The purpose of the second symposium is to continue the theme of supporting the successful implementation of the Special Education Space Requirements Plans by highlighting BOCES or school district effective practices that support integration and/or achievement of students with disabilities. This symposium provides a collaborative forum for highlighting progress statewide and sharing practices related to increased achievement and integration. Many of the participants of the first symposium indicated that they planned to incorporate many of the ideas presented and this second event ensures that such effective practices continue to be shared and replicated.
Bilingual Special Education Resource Network
During 1998-99, the Bilingual Special Education Resource Network expanded bilingual special education training resources by establishing a bilingual trainer at the Eastern Suffolk BOCES. Services were previously provided to this region by one trainer who also covered the entire upstate area.
The Bilingual Special Education Resource Network also reported that seven bilingual speech language pathology training programs have been registered at universities to prepare personnel to provide bilingual speech services.
The total number of participants in the Intensive Teacher Institute in Bilingual Special Education that provides tuition assistance for teacher certification candidates reached 205 in 1998-1999. An increased effort in New York City resulted in a total of 73 candidates for certification as bilingual special education teachers from Community School Districts 6,7,9 and 75.
In 1998, VESID established the Bilingual Psychological and Educational Assessment Support Center at Brooklyn and Queens Colleges in the City University of New York. The Center develops training materials focusing on improving the assessment of English language learners as well as sessions for school psychologists and other professions.
School-Age Recommendations/Next Steps
The Department continues to analyze the Chapter 405 survey data and is developing a methodology to target school districts for technical assistance based on this analysis. Based on survey results, different levels of technical assistance will be provided to school districts, ranging from individual intervention, group regional training, and self-review. Selected school districts may be required to develop and implement a Corrective Action Plan specific to their identified Chapter 405 problem area(s). In addition to this targeted technical assistance plan, the Departments recommendations and next steps regarding Chapter 405 are to:
Develop a process to provide training to targeted school districts on how to analyze their data, share it with respective stakeholders, and formulate corrective action plans to address the issues:
Advocate for an increase in Educationally Related Support Services (ERSS) funding, as part of the Department's State Aid proposal, to decrease the need for referral to special education for students having learning difficulties and to increase the declassification rate of students from special education by ensuring that they can be served in a more supportive general education environment.
During the 2000-01 school year, VESID and EMSC will implement a joint initiative to conduct regional professional development programs to promote complete and accurate special education data reporting, with a specific focus on Chapter 405 provisions.
Share the Chapter 405 Report with Institutions of Higher Education to enable them to adequately prepare new teachers to work with at-risk students and develop strategies to support these students in general education classrooms.
Provide Prevention/Prereferral training to targeted school districts.
Continue to work with BOCES and New York City on the Special Education Space Requirements Plan to decrease the number of students with disabilities educated in separate site settings to ensure that an increasing number of students with disabilities are educated in their own school districts. The Department will continue to monitor progress of each BOCES region and New York City in meeting its annual targets by collecting and analyzing data and reviewing annual progress reports.
Sponsor a second BOCES Symposium in spring 2001 to continue the theme of supporting the successful implementation of the Special Education Space Requirements Plans by highlighting BOCES or school district effective practices that support integration and/or achievement of students with disabilities. This second event ensures that such effective practices continue to be shared and replicated statewide.
Provide guidance to school districts on the effects of cultural and language differences on student assessment, appropriate interpretation of results, and the identification of appropriate instructional interventions.
Provide training to Department special education staff and the Life Long Services Network staff on disproportionality issues, including how to remedy discriminatory practices that lead to disproportionate representation, enhance their knowledge base to enable them to provide more effective technical assistance, and information on effective approaches for preventing and correcting disproportionate representation.
Department staff will review policies, procedures and practices in those school districts having significant overrepresentation, based on race/ethnicity in the identification of children as children with disabilities, or the placement in particular educational settings, to ensure that the requirements of IDEA are met.
Provide regional training programs for school districts to ensure accurate data collection and reporting.
Propose legislation to amend Chapter 405 of the Laws of 1999 to require data verification, surveys, and a report to the Governor and Legislators every two or four years. These activities on an annual basis create a substantial burden at both the State and local levels. The current data collection and reporting requirements do not allow sufficient time to provide technical assistance and assess its impact.
In 1989, section 4410 of the Education Law was enacted transferring responsibility for the provision of special education services to eligible preschool students with disabilities from the Family Courts to school districts. Since then, the program has grown from approximately 18,000 to almost 60,000 preschool students with disabilities. Data in 1993-94 indicated nonintegrated settings (i.e., a special education setting, hospital or separate school) were used to provide services to 73.4 percent of the preschool students with disabilities. This highlighted a growing concern that segregated settings do not provide opportunities for interaction of preschool students with disabilities with their nondisabled peers.
This concern was reinforced by the Board of Regents in 1995-96 when they adopted an agenda of goals to reform the preschool special education program, as follows:
An increase in the provision of services in integrated settings and an increase in the number of students receiving related services in natural environments.
Review of overall cost per child based on level of specific need and reduction of transportation costs.
Assistance to center-based programs to enable them to redirect their resources, diversify programs and phase out large segregated facilities.
Restructure the programmatic and fiscal responsibilities for the program to guarantee a more integrated approach to the roles of the various State and local government agencies, recognizing that the State has primary funding responsibility.
Also during 1995-96, Chapter 474 was enacted and required preschool special education programs to develop business plans to redirect resources to reduce the reliance on programs and settings which served only preschool students with disabilities. The 1997-98 data reflect the successful implementation of the business plan initiative. The percentage of preschool students served in integrated settings increased from 37.2 percent to 45.1 percent. In the 1998-1999 school year, the percent of preschool students served in integrated settings continued to increase to 52.2 percent. Chart K depicts the progress over a five-year period from 1993-1998. The current emphasis on serving preschool students with disabilities provides the opportunity for the development of age-appropriate skills and is consistent with IDEA requirements for the provision of services in the least restrictive setting.

Click here for Detailed View of Chart K
Chapter 405 of the Laws of 1999 required the Department to address seven areas related to the provision of special education services to preschool students with disabilities. Each of the seven areas is listed below with the Departments response.
Preschool Special Education Services
The number of applications for new programs and program expansions and the disposition of those applications.
Pursuant to section 4410 of the Education Law, an agency must submit an application requesting approval to operate a preschool special education program. The application is submitted to the Department and clearly delineates the program model(s) the agency seeks to operate. Preschool special education program models include evaluation programs, special education itinerant teacher services (SEIT), special classes (SC) or special classes in an integrated setting (SCIS). Approved preschool providers seeking to increase capacity must submit applications to request program expansion. Expansion may include adding a new site or an additional class.
All applications are reviewed using criteria established in section 4410 of the Education Law and Part 200 Regulations of the Commissioner of Education. Applications must address an unmet need in the region. Providers who submit incomplete applications, or those that require further clarification, are requested to address the issues of concern. These applications are considered pending until the issues are resolved in accordance with applicable laws and regulations. On average, program applications are processed in eight weeks, assuming that appropriate material has been submitted, including the documentation of need for new or expanded special class programs. It is incumbent upon providers to submit additional information or clarification to the Department in a timely manner to facilitate the completion of the application review process. During the 1999-2000 school year, the Department received a total of 63 applications. Forty-nine were for new programs and 14 were for program expansion.
Table A below outlines, by county, the 49 requests for approval to operate a new preschool education program. Twenty-eight applications were approved. The Department has notified 21 applicants that further information must be submitted before their applications can be considered for approval. This includes two applications for special class programs that are required to provide specific documentation of the need for these new programs. This requirement stems from the statutory provision which indicates that the expansion of segregated programs that do not provide regular opportunities for preschool students with disabilities to interact with their nondisabled peers, can only occur if there is a demonstrated need. During this process, the Committee on Preschool Special Education (CPSE) ensures that none of these students are unserved.
Table A: Applications for New Programs 1999-2000
| County | EVALUATION |
SEIT |
SCIS |
SC |
||||
Approved |
Pending |
Approved |
Pending |
Approved |
Pending |
Approved |
Pending |
|
| Bronx | 0 | 1 | 1 |
0 | 2 | 2 |
0 | 0 |
| Broome | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Chemung | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| Erie | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
| Kings (Brooklyn) | 0 | 1 | 3 | 1 |
0 | 1 | 1 |
0 |
| Nassau | 0 | 1 | 1 |
1 |
2 |
1 |
0 | 1 |
| New York (Staten Island) | 1 | 0 | 0 | 0 |
1 |
0 | 1 | 0 |
| Orange | 1 | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
| Orleans | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
| Oswego | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 |
| Otsego | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
| Queens | 0 | 1 | 2 |
0 | 0 | 0 | 0 | |