June 2002
Reforming Education for Students with Disabilities

Introduction

In 1995, the New York State Board of Regents and State Education Department embarked on a reform agenda to improve educational achievement for all students. High standards have been established, progress on the standards is being measured and reported, and students are receiving academic intervention services, as needed, to achieve these standards. Some feel that the learning standards are out of reach for students with disabilities. Nonetheless, the success rate of students with disabilities is much better than many predicted. For example, since 1997, there has been a 172 percent increase in the number of students with disabilities passing the Regents exam in English with a score of 65 or higher (based on 2001 results). However, there continue to be challenges regarding the numbers of students identified as disabled and in the provision of special education services in the least restrictive environment (including the over-representation of minorities in special education). I invite you to collaborate with the Board of Regents and State Education Department to continue to improve education for students with disabilities.

Lawrence C. Gloeckler
Deputy Commissioner

Vision

Students with disabilities will leave school prepared to live independently; enjoy self-determination; make choices; contribute to society; pursue meaningful careers; and enjoy integration in the economic, political, social, cultural and educational mainstream of American society.

Background

Numerous federal and State reports strongly support the need to improve the education system to create better results for students with disabilities. There are substantial numbers of students who are identified as disabled because they have not previously received proper academic support. Students are often identified as learning disabled because they have not been effectively taught the core skill of reading. More minority children continue to be served in special education than would be expected from the percentage of minority students in the general education population. Many students with disabilities do not have opportunities to learn with their nondisabled peers.

• In 2000-2001, the classification rate rose by 0.1 percentage point to 11.9 percent from a rate of 11.8 percent during the previous two years.
  
  
• In 2000-2001, on the Grade 4 English Language Arts (ELA) examination, 84.2 percent of the public school 4^th grade students with disabilities were tested, compared to 81.5 percent in 1999. The percentage of students with disabilities scoring at Level 3 and above on the Grade 4 ELA examination increased 6.6 percentage points since 1999, from 19.0 percent to 25.6 percent.
  
  
• In 2000-2001, on the Grade 8 Mathematics examination, 81.9 percent of the public school 8^th grade students with disabilities were tested, with 9.5 percent of students scoring at or above Level 3. The percentage of students with disabilities scoring at Level 3 and above on the Grade 8 Mathematics examination increased 1.7 percentage points since 1999, from 7.8 percent to 9.5 percent.
  
  
• On the Regents examination in English, 15,348 students with disabilities were tested in 2001, compared to 4,419 in 1997 and more than three times the number of students with disabilities (10,457) passed the Regents examination in English in 2001 than passed it in 1997 (3,414).
  
  
• On the Regents examination in Mathematics – Course 1, 14,546 students with disabilities were tested in 2001, compared to 5,776 in 1997. More than twice the number of students with disabilities passed the Regents examination in Mathematics Course - 1 in 2001 (6,977) than passed it in 1997 (3,421). Additionally, 3,936 students with disabilities took the Math A examination and 32.8 percent passed with a score of 55-100.
  
  
• In 2000-2001, 57.7 percent of preschool students with disabilities received special education services in integrated settings (i.e., home, part-time or full-time in typical early childhood programs). This was an increase of 2.3 percentage points over the previous year and an increase of 25.4 percentage points since 1995-96.
  
  
• The percentage of school-age students with disabilities enrolled in general education classes for 80 percent or more of the school day increased by 1.9 percentage points from 1999-2000 (47.6 percent) to 2000-2001 (49.5 percent). For the second consecutive year, this exceeds the national average.
  
  
• As a result of Regional Space Planning, 5,029 students with disabilities who had been placed in separate settings moved to integrated sites in 2000. An additional 3,500 students are projected to move to integrated sites by 2003. For the 5 year period, 1998-2003, this results in a total of 8,500 students projected to move to integrated sites.

• The number of students with disabilities taking each of the five subject area examinations continues to increase. However, many do not participate in the Regents examinations, which will eventually be required for a Regents diploma. In 2000-2001, 65.7 percent of students with disabilities who completed high school earned a Regents, local or High School Equivalency diploma. However, only 9.4 percent of the 65.7 percent of students with disabilities earned a Regents diploma.
  
  
• Very few students with disabilities return to full-time general education. In 2000-2001, 19.5 percent of preschool children with disabilities and 3.7 percent of school-age students with disabilities were declassified.
  
  
• In 2000-2001, on the Grade 4 Math examination, 86.3 percent of the public school grade 4 students with disabilities were tested, with only 38.8 percent of students scoring at or above Level 3.
  
  
• In 2000-2001, on the Grade 8 ELA examination, 80.6 percent of the public school grade 8 students with disabilities were tested, with only 8.0 percent of students scoring at or above Level 3.
  
  
• In 2001, the number tested on the Regents examination in English represented only 64.7 percent of the Average Grade Enrollment (the number of students who would be expected to take the examination) of students with disabilities.
  
  
• In 2001, the number tested on the Regents examination in Sequential Mathematics-Course 1 represented only 61.6 percent of the Average Grade Enrollment of students with disabilities.
  
  
• More special education students are separated from their nondisabled peers in New York State than in the nation as a whole. In 2000-2001, 7.7 percent of students with disabilities were educated in separate settings compared to the 1999-2000 national average of 4.1 percent.
  
  
• Minority students are placed in restrictive settings at extremely high rates. In 2000-2001, greater percentages of minority students with disabilities were provided special education services in separate educational settings or in programs in which they attended regular education classrooms for less than 40% of the school day.
  
  
• Student achievement results show that schools with a high concentration of students from poverty backgrounds need the greatest support to meet the high learning standards. Despite this, they are more likely to attend schools with fewer resources. In 2000-2001, these high need/low resource school districts:
  
  
  • identified greater percentages of students as students with disabilities. 32.5 percent of high need districts had a classification rate of 15 percent or higher compared to 10.5 percent of other school districts.
    
    
  • had lower percentages of the average grade enrollment of students with disabilities tested on most of the Regents examinations than in other school districts. For example, 50.9 percent of students with disabilities were tested on the Mathematics-Course I examination in the high need districts compared to 72.4 percent in other districts. Also, 53.7 percent of students with disabilities were tested on the English Regents examination in the high need districts compared with 76.4 percent in other districts.
    
    
  • had lower percentages of students with disabilities pass with a score of 55 or higher on the seven Regents examinations compared to other school districts. For example, 30.2 percent of students in High Need School Districts passed the Mathematics-Course 1 Regents examination compared to 60.8 percent of students in other districts and 50.0 percent of students in the High Need School Districts passed the English Regents examination, compared to 81.2 percent of students in other districts.

• Eliminate unnecessary referrals to special education.
  
  
• Assure that students unnecessarily placed, or who no longer need special education services, are returned to a supportive general education environment.
  
  
• Hold special education services to high standards of accountability to improve results for students with disabilities.
  
  
• Assure that students with disabilities are educated in settings with their nondisabled peers to the maximum extent appropriate to their individual needs.
  
  
• Provide mechanisms for school districts to develop or expand support and prevention services.
  
  
• Assure that school personnel and families have the knowledge and skills which enable them to effectively assist students with disabilities in attaining high standards.

• Ensure students with disabilities have access to general education courses, electives and tests regardless of     where they attend school or the type of school they attend. The safety net for students with disabilities has been extended and is available to students entering 9^th grade from September 1996 to September 2004. To earn a high school diploma, students need to take and pass the required course work and five Regents exams. The safety net allows students with disabilities who fail a Regents exam to take the Regents Competency Test (RCT). If they pass the RCT, they will receive credit toward a local diploma. The safety net was extended to allow additional time to gather data on how students with disabilities are doing on the required Regents exams and the effect of requiring students to take multiple Regents exams. It will also provide more time for general and special education teachers to receive training in instructional strategies and curriculum modifications and for students with disabilities to receive Academic Intervention Services (AIS) to assist in achieving State learning standards in English language arts, math, social studies and science.
  
  
• Implement the New York State Alternate Assessment (NYSAA) and ensure that all students with disabilities participate in the regular State assessment system or the NYSAA. The NYSAA measures the progress of students with severe disabilities in meeting the standards set for all students at the alternate performance indicator level.
  
  
• During 2002 and the 2002-03 school years, Committees on Special Education may identify certain students with disabilities to participate in locally selected assessments in lieu of State assessments at the elementary, intermediate and commencement levels. The identified group of students who may qualify for locally selected assessments in lieu of State assessments are those students who, due to a performance gap resulting from the student’s unique disability needs, are unable to meet the grade-age level expectations to take the regular State assessments and who do not meet the eligibility criteria for the alternate assessment.
  
  
• Focus the special education quality assurance process on greater accountability for student performance outcomes and program improvements in addition to regulatory compliance. This monitoring process holds school districts and programs accountable for results.
  
  
• Establish quality indicators for preschool special education programs and services. Three studies are in process to guide the Department’s efforts to improve the preschool special education system. The first study is to determine the indicators of positive outcomes for preschool students with disabilities to use as benchmarks for delivering and evaluating preschool special education programs and services and to determine quality program components that impact on student achievement. The second is a longitudinal study to determine the long-term effect of preschool special education programs and services on educational placement and achievement of elementary students who received these services. The third study is focused on gathering information related to the provision of services to preschool children with autism.
  
  
• Reduce the gap between the performance of students with disabilities in the high need school districts and other average and low need school districts. The Individuals with Disabilities Education Act State Improvement Plan is a closing the gap strategy that will provide intensive on-site professional development and technical assistance. This is provided in conjunction with funded support through the Regional School Support Centers, the Special Education Training and Resource Center (SETRC) network and other providers based on a data-driven Comprehensive System of Personnel Development Plan (CSPD) developed in partnership with the district.
  
  
• Improve student performance in the areas of reading and math through the Reading and Math Improvement Initiative Project. A Technical Assistance Center is working with eight regional consortia, thirty-three school districts and the five big city school districts to increase their capacity to improve achievement in reading and math. Both general and special education teachers and students will benefit from this initiative.
  
  
• Refocus preservice and in-service programs to enhance the capacity of educators to assist students with disabilities in attaining the standards. Implement the Regents Task Force on Teaching recommendations that address teacher shortages, quality of preservice programs, comprehensive district-level personnel development plans and continuing education for teachers.
  
  
• Use the Special Education Space Requirements Plans to ensure efficient and appropriate instructional space for students with disabilities in age-appropriate settings and to the maximum extent appropriate with nondisabled peers within their school districts. The plan provides a framework for the allocation of instructional space to ensure that the removal of students with disabilities from the regular education environment occurs only when the nature or severity of the disability is such that even with the use of supplementary aids and services, education cannot be achieved satisfactorily.
  
  
• Identify and gather information from school districts in which there exists a significant disproportionality rate in the identification of students as disabled or in the placement of students in least restrictive settings among racial/ethnic groups and provide technical assistance. Work with identified school districts to verify rates, determine underlying causes and, if necessary, require the development of a corrective action plan. Provide technical assistance and develop effective strategies to improve results in the identified school districts.
  
  
• Expand collaboration among human service agencies and schools, including bringing community services and partnerships into schools to support students with learning and behavioral difficulties and their families. The Task Force on School-Community Collaboration, Partners for Children and Coordinated Children’s Services Initiative will assist schools and State and local agencies providing social, health, mental health and related family and children services in working together to support children and families.

June 2002

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