Current Status

Chapter 405 of the Laws of 1999 requires the Department to examine special education data from all school districts in relation to a number of key areas, including:

high rate of identification of students as students with disabilities;
low declassification rate of preschool students with disabilities;
low declassification rate of school-age students with disabilities;
high rate of placing school-age students with disabilities (ages 6-21) in separate education settings;
disproportion, based on race/ethnicity, in the identification of students as students with disabilities, or in the identification of students having a particular disability;
disproportion, based on race/ethnicity, in the placement of preschool students with disabilities in separate education settings; and
disproportion, based on race/ethnicity, in the placement of students with disabilities in more restrictive settings.

As a result of data analysis and verification done by the Department in December 2002, a total of 353 school districts were assigned a specific level of technical assistance based on the significance of their problems. The types of technical assistance available are:

Targeted Technical Assistance: The Department continues to provide extensive technical assistance to the 13 targeted districts identified in 2002. The issues in these districts were considered to be systemic in nature and not resolvable through technical assistance and regionally-provided training alone. All targeted districts have an approved plan in place and continue to receive technical assistance for both the planning process and professional development through the Regional School Support Centers (RSSC) and the Special Education Training and Resource Center (SETRC) networks.

Regional Technical Assistance: Based on a numerical calculation that took into account the number of issues and the amount of discrepancy between the criteria for identification and school district’s actual data on each issue, 89 school districts were identified for this type of technical assistance. The districts are required to address resolution of the problem(s) in their Comprehensive System of Personnel Development (CSPD) plan and participate in regional training programs sponsored by the Department or through local sources. A sampling of the types of training provided at the regional level include: pre-referral and intervention strategies, co-teaching models, systematic ways of examining data, reassessing assessment, team building and parent training.

Self Review: The remaining 251 school districts not identified for targeted technical assistance or regional technical assistance were identified for this type of assistance. Similar to regional technical assistance, the district addresses the resolution of the problem(s) in the CSPD plan and implements the plan with local and regional resources. The attainment of goals associated with the problem area(s) are documented in the annual updates to the CSPD plan with the support of the SETRC representative.

The CSPD plan continues to be the vehicle for identified districts to address systemic problems associated with Chapter 405. The development of the CSPD plan is based on a thorough analysis of district and building data to determine needs; identify specific goals and outcomes in regard to student achievement, district performance and disproportionality; and identify benchmarks representing appropriate progress toward achieving identified goals. The CSPD plan is updated annually and is required as part of the Application for Federal IDEA Funding for the Education of Students with Disabilities annually allocated pursuant to the Individuals with Disabilities Education Act (IDEA). The purpose of the CSPD plan is to effect systems change at the local level and improve performance in regard to VESID Key Performance Measures.

Ongoing Technical Assistance

VESID continued to provide technical assistance to address the Chapter 405 problem areas through the SETRC network, RSSCs, the Quality Assurance review process and the training programs and technical assistance projects described below.

Special Education Training and Resource Center Network

SETRC is a professional development network funded by VESID through IDEA discretionary funds and composed of 42 projects statewide that provide technical assistance to personnel working with preschool and school age children with disabilities. The SETRC model is one of systems change, in which SETRC Professional Development Specialists’ (PDSs) efforts are directed primarily to high-need, low- resource districts/buildings in need of improvement. Within that group of districts, each SETRC project further targets a limited number of districts or buildings for intensive support, including coaching and ongoing analysis of the root causes of district issues, identifying solutions, and implementation and evaluation of effect. State-targeted 405 districts/buildings automatically become SETRC-targeted districts/buildings, and the disproportionality issues for which they were targeted are subjected to root cause analysis and problem solving, with the final product being the CSPD Plan including goals, objectives, and activities that address those issues. SETRC PDSs work closely with RSSC Special Education Specialists and SEQA Regional Associates in supporting districts/buildings through this process.

Within the SETRC network are two sub-networks comprising Regional Training PDSs and Bilingual SETRC PDSs. There are nine regional centers and two regional bilingual centers. During the 2003-04 school year, Regional PDSs, working in each RSSC region, continued to support districts by providing compliance-related professional development and knowledge of laws and regulations relating to identification, placement, and service provision. This information is critical to help districts address disproportionality. During the 2003-04 school year Bilingual SETRC PDSs, working in each of the Big Five City districts, and at large on Long Island and in the Upstate region, continued to provide both compliance-related and instructionally- related professional development for districts. Bilingual SETRC PDSs are instrumental in assisting districts to understand the difference between the identification of students as English language learners and as students with a disability. They also continue to help districts identify evaluators with appropriate certificate extensions for evaluating children who are non-native English speakers. In addition, they continue to provide districts with professional development on cutting edge instructional and behavioral strategies for English language learners with disabilities, and on culturally competent interaction with students and families. Bilingual SETRC PDSs continue to provide a natural link for collaboration among special education resources and general education resources such as the Bilingual Education Technical Assistance Center (BETAC).

Regional School Support Center Network

In September 2000, the RSSC Network was established though a collaborative effort of VESID and EMSC to coordinate efforts and resources across a variety of initiatives to improve educational results in targeted districts. The RSSCs are one of several coordinated initiatives to “Close the Gap” in educational performance through delivery of sustained school support services. From 2000 - 2004, RSSCs were funded through five sources (IDEA Part B, Title I, Goals 2000, Comprehensive School Reform Act, and Effective Schools) with the objective to organize and coordinate efforts represented by those programs on behalf of schools and districts in need of improvement. The RSSCs were designed specifically to provide intensive onsite technical assistance, in partnership with SETRC, to Targeted Chapter 405 districts. RSSCs also are responsible for collaborating with SETRC on strategies to address Regional Technical Assistance districts.

One hundred percent of RSSC resources is directed to building capacity and improving education performance in schools/districts identified based on the System of Accountability for Student Success (SASS); and to improving the performance of students with disabilities in school districts prioritized based on VESID Key Performance Indicators.

During the 2003-04 school year, each Center's comprehensive set of services continued to be directed to the identification and/or diagnosis of root causes of conditions inhibiting student performance, and the development of appropriate interventions through comprehensive planning, coordination of network resources, technical assistance and professional development. This information is documented for each RSSC client school/district in status reports submitted to the Department on a tri-annual basis.

IDEA State Improvement Grant (SIG)

Beginning in the 2000-01 school year, VESID has provided two year professional development grants to high-need low-resource districts identified as experiencing difficulty in attaining success on several of the VESID Key Performance Indicators, including disproportionality in identification and placement. Two districts from each Joint Management Team area, an additional five districts on Long Island, seven Community School Districts in NYC, and the Big Four city districts (Yonkers, Buffalo, Rochester and Syracuse) were funded. Districts awarded these grants must convene a group of stakeholders to conduct a root cause analysis of the problem areas, prioritize issues, (coached by SETRC and/or RSSC specialists), develop goals and objectives, and plan professional development interventions. Districts must partner with a parent organization and an Institution of Higher Education (IHE) in planning and implementation. Disproportionality issues have been addressed either directly or indirectly in many of the plans developed by districts.

In 2001, New York State was awarded an IDEA SIG. VESID used the grant funds to add three regional SIG Teams (Upstate, Downstate/Long Island, and NYC). The Upstate and Downstate/Long Island SIG Teams each consist of four specialists in areas associated with key root causes contributing to poor performance for students with disabilities. (NYC has chosen to provide the same service with existing personnel through the United Federation of Teachers Teacher Center). One member of each Team has expertise in bilingual education and cultural competency. These individuals, in collaboration with the SETRC and RSSC personnel from the districts’ regions, have worked with SIG districts and other targeted, unfunded districts, to address issues that have resulted in disproportionality.

In 2002 NYS was awarded a SIG Supplemental Grant. One of the goals of this supplement addresses disproportionality, with special emphasis on ethnic rather than language minority issues. In the 2003-04 school year, the Department moved towards engaging one of the RSSC staff with expertise in disproportionality issues to begin this effort during the 2004-05 school year. Job duties were developed as listed below:

develop a presentation on research-based instructional/management strategies that have been shown to result in improvement in disproportionality;
identify areas of concern in which little robust research exists and, working with districts/buildings, SETRCs, RSSCs, and IHEs, provide support for action research to test the outcomes of promising but unevaluated strategies;
contact the individuals named by field technical assistance network personnel as having interest/expertise in multicultural issues, discuss with them their interest in becoming part of a resource network, and identify a core group who can provide capacity and act as a “brain trust” in multicultural disproportionality issues; and
work with the awardees of the 405 technical assistance contract for capacity building, including acting as a liaison between them and other members of the field TA networks when necessary.

Partnership Agreements

The Department has entered into special agreements with six school districts in order to close the achievement gap for all students in those districts. Partnership Agreements have been developed with the city school districts of Buffalo, Rochester, Syracuse, and Yonkers. A Performance Plan has also been developed with the Wyandanch Union Free School District and the Roosevelt Union Free School District. These special agreements provide a framework for the type of collaboration and support the Department and its funded networks intend to provide to the districts. The agreements represent or are a reflection of prioritized needs and goals included in each district’s strategic plan. Included in those plans are Chapter 405 issues for which the districts have been cited. Operational plans have been developed by the collective providers of services (SETRC, RSSC, BETAC, etc.) to identify, implement, and evaluate specific activities designed to achieve the outcomes specified in the agreements. These plans are updated quarterly.

Quality Assurance Review Process

Since 1994-95, VESID’s Special Education Quality Assurance (SEQA) Unit 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. The issues identified through Chapter 405 are included in the review process. Conceptually, a system that previously addressed only procedural compliance now focuses on program effectiveness and student results, emphasizes the district’s key performance indicator data, and facilitates the input of parents in regard to the provision of special education services. Procedurally, a system that depended upon Department site reviews now involves the district and the Department collaborating in the Quality Assurance Review process. The Quality Assurance Review process involves collaborative efforts with school district staff, parents, VESID and SETRC staff working together utilizing review protocols that focus on specific areas of need. Consequently, this approach is referred to as Focused Reviews. Nationally, both the federal Office of Special Education Programs (OSEP) and many other state education agencies have begun to move toward a focused monitoring process. As a result of the Focused Review process, the team identifies any areas of noncompliance and the required corrective action.

During the 2003-04 school year, three protocols developed and piloted in 2002-03 continued to be utilized. The Least Restrictive Environment protocol is designed to address high separate placement rates by a school district, the Achievement protocol addresses low achievement by students with disabilities, and the Student Exiting/Transition protocol is designed to address successful preparation of students with disabilities for post-secondary life. The quality assurance focused review process also includes a Parent Forum designed to solicit feedback on parents’ perceptions of special education within their districts. The culminating activity of a focused review is the identification of corrective actions and improvement strategies that address the identified compliance and programmatic issues impacting student outcomes in the focus area. In addition, the district must set benchmarks to reflect efforts made by the district, over a specified period of time, to resolve the identified issues that will result in improved outcomes for students with disabilities.

During the 2003-04 school year, protocols were also developed and are currently in use with the Office of Children and Family Services (OCFS) and Child Care Institutions (CCI) facilities, and Chapter 853 schools.

For the 2003-04 school year, approximately 80 reviews were conducted in preschool and school-age programs statewide. This included five of the 13 Chapter 405 districts as identified for Targeted Technical Assistance. Each focused review, regardless of its focus, involves three phases, typically spread across three years. This is to ensure that the focused review team stays involved long enough to oversee the implementation strategies and evaluate their success. SEQA Reviews ensure that federal and State requirements are implemented and that protections guaranteed to students with disabilities and their parents are enforced.

New York City

The New York City Department of Education (NYCDOE) is taking significant steps in examining school districts’ Chapter 405 disproportionality data and analyzing root causes of identified issues.

In addition, discretionary funds are allocated through the federal SIG and the NYC SETRC to support a collaboration between different divisions of the NYCDOE for the purpose of addressing disproportionate representation of minority groups referred and recommended for special education services. The District Comprehensive Educational Plan (DCEP) document was amended, requiring superintendents to review data and propose interventions to address disproportionality. The linkages established with VESID, EMSC, SETRC, RSSC and the New York University (NYU) Equity Assistance Center are assisting districts in identifying and implementing effective strategies.

Ongoing Capacity Building

The Department has continued to actively develop internal capacity within EMSC and VESID to provide technical assistance to school districts in addressing problem areas identified in Chapter 405 of the Laws of 1999. The Department has worked closely with multiple federal partners to ensure access to the most current and innovative approaches to address the issues of classification, separate site placement and disproportionality.

Assistance from national associations and the federal government

During the 2003-04 school year, Department staff continued to meet regularly with a variety of partners including the OSEP, United States Department of Education, OSEP-funded technical assistance centers, the National Association of State Directors of Special Education and the Northeast Regional Resource Center (NERRC) to receive technical assistance. NERRC is a federally funded technical assistance center that provides support to state education agencies to improve their systems of early intervention, special education, outcomes for students with disabilities and transition services through the development and implementation of policies, programs and practices to enhance educational results for children and youth with disabilities.

OSEP has modified its biennial performance report requirements to an annual reporting requirement. This report requests states to provide goals and objectives established for students with disabilities, a description of data trends, and strategies the state will use to improve results in identified areas based on the state’s needs assessment. This report also requires states to provide statewide data on disproportionality, based on race/ethnicity in identification and placement of students with disabilities. This report is due to the U.S. Department of Education April 1, 2005.

Urban Forums

The Department, in partnership with the Big Four Urban School Districts, developed four Urban Forums. The Urban Forums are part of a larger Urban Initiative designed to provide dynamic, practical tools to enhance student performance in meeting the State’s learning standards among the Big Four upstate urban districts: Buffalo, Rochester, Syracuse and Yonkers. The Urban Forums were designed to foster the development of a Big Four learning community in a dynamic and nurturing learning environment through dialogue and examination of data and emerging best practices. During the 2003-04 school year, topics were presented through study circles and roundtables that enabled participants to leave the Urban Forum with tangible ideas to foster success within the school community.

State Improvement Grant Activities: Ethnic Disproportionality and Capacity Building

New York’s Supplemental SIG includes a component that is intended to improve overall State capacity to address ethnic disproportionality. The grant supports the identification of instate expertise to facilitate and develop a standing workgroup on ethnic disproportionality. This workgroup will become the core of a technical assistance effort in the State to provide indepth skills for utilization at the local district level. It is anticipated that the workgroup will expand as the State gains important experience dealing with ethnic disproportionality through district planning and professional development activities. To provide practical, hands-on experience for the workgroup, a pilot group of targeted districts will receive mini-grants of $5000 each to support planning and implementation of local projects to address ethnic disproportionality.

Institutions of Higher Education with teacher education programs who are members of the VESID-funded Higher Education Task Force for Quality Inclusive Schooling at Syracuse University will be invited to join in this strategy. The Department expects that faculty with an interest in this area will apply for financial support from the Higher Education Support Center to conduct research and become involved in this initiative.

It is expected that staff will be assigned, schools will be targeted and funds will be allocated in support of this initiative by fall 2005 and through two subsequent school years.

Contract with New York University

In order to increase capacity for addressing disproportionality, the Department issued a Request for Proposal in December 2002 to solicit applications for a funding award to operate a Technical Assistance Center on Disproportionality. The Department awarded a contract to the NYU Metro Center for Urban Education. The Center has begun initial efforts to work with targeted school districts to reduce disproportionality. SETRC and RSSC staff will partner with the Center to continue to develop their skills in the area of disproportionality. The Center will evaluate the effectiveness of its training and technical assistance efforts in reducing disproportionality and will report its progress to the Department quarterly.

The Center will focus on factors that are within the control of the school districts, such as:

Alignment of curriculum with the New State Learning Standards K-12 and across grade levels;
Provision of academic and other support services;
Improving effectiveness of school-based support teams in individual student problem solving and planning;
Improving skill levels of education staff in the area of cultural competence;
Improving partnerships with families to support their engagement; and
Eliminating discriminatory policies and procedures in the districts and schools.

Six districts have been identified to receive technical assistance in the 2004-05 school year. There is one district in each of the following regions: NYC, Hudson Valley, Capital District, Long Island, Central New York and Western New York. In addition to working with these six school districts, NYU will develop and deliver professional development on a regional basis for VESID, EMSC and the funded networks (e.g., RSSC, SETRC, BETAC).

Next Steps

The Department will continue to support the Chapter 405 workgroup in collaboration with RSSCs, SETRCs, and Quality Assurance regional staff to provide capacity-building opportunities, regional/local technical assistance and review of districts' plans to ensure that the identified school districts have addressed the Chapter 405 problem areas as required. In addition, the Department’s recommendations and next steps regarding Chapter 405 are to:

Provide training to targeted school districts on how to modify the CSPD plan so it results in analysis of data, identification of root causes, development of measurable goals and objectives and development of an implementation and evaluation plan to ensure that the Chapter 405 problem areas are addressed.

Finalize development and piloting of a BOCES-focused review similar in concept and form to the three district-focused review protocols (Least Restrictive Environment, Achievement, Student Exiting/Transition) in Special Education Quality Assurance. The protocol will evaluate programs provided by BOCES for students with disabilities.

Provide guidance through the bilingual SETRC network 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.

Continue to provide technical assistance and regional training programs for school districts to ensure accurate data collection and reporting.
Continue to advocate for legislation to amend Chapter 405 of the Laws of 1999 to require a report on the Department’s technical assistance activities to identified schools to the Governor and legislators every three years and to align the reporting date with the annual federal reporting data. 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.
Anticipate conducting a third notification to school districts with potential issues as identified in Chapter 405, using 2002-03 school year data, during the 2004-05 school year. The criteria to be used in the third notification will be reviewed and revised as may be necessary to ensure identification of school districts that are significantly disparate from the statewide average or from established goals on each issue. The Department will use a combination of the Chi-square statistic and the relative risk statistic to determine disproportionality based on race/ethnicity and to review school district patterns of identification and placement of students with disabilities. School districts with disproportionality based on their 2002-03 school year data will be identified during the 2004-05 school year and provided appropriate levels of technical assistance.
Award IDEA discretionary funds for 2004-05 to support nine regions where significant changes must occur to achieve the benchmarks of the next five-year Special Education Space Requirements Plan.
Continue to work closely with EMSC to carry out the special Partnership Agreements with Buffalo CSD, Rochester CSD, Syracuse CSD, Yonkers CSD, Roosevelt UFSD, and Wyandanch UFSD. Chapter 405 issues will continue to be a focus of Department resources, as well as the other prioritized needs and goals contained in the agreements.

VESID’s NYC SEQA Office will continue its review of the ten Regional District Comprehensive Educational Plans (RDCEP) to ensure each Plan examines Chapter 405 disproportionality data, examines root causes for problems identified, and develops strategies to address problem areas. In addition, two NYC Instructional Divisions will continue to work collaboratively with the NYU Equity Assistance Center and the regional teams which have been established to examine Chapter 405 disproportionality data and to identify root causes of identified issues.
Continue the Technical Assistance Center contract with NYU Metro Center to reduce disproportionality. Regional training programs will be delivered to VESID and EMSC staff and funded networks (RSSC, SETRC, BETAC). Technical assistance will be provided to six identified school districts across the State. Additionally, through the SIG grant, mini-grants will be made available to SIG districts/buildings that are interested in working with NYU. These mini-grants of $5,000 a year for two years will support the district in identification, implementation and evaluation of effective practices.

ANNUAL REPORT

CHAPTER 405 OF THE

LAWS OF 1999

Introduction