Part B State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development

See Overview of the State Performance Plan Development preceding Indicator #1.

Monitoring Priority:  Effective General Supervision Part B / Child Find

 

Indicator #11:  Percent of children with parental consent to evaluate, who were evaluated and eligibility determined within State established timeline.

(20 U.S.C. 1416(a)(3)(B))
 

Measurement:

a.     #  of children for whom parental consent to evaluate was received.

b.     # determined not eligible whose evaluations and eligibility determinations were completed within 60 days (or State established timeline*).

c.     # determined eligible whose evaluations and eligibility determinations were completed within 60 days (or State established timeline*).

Account for children included in a but not included in b or c.  Indicate the range of days beyond the timeline when eligibility was determined and any reasons for the delays.

Percent = b + c divided by a times 100.

* NYS’ established timeline to complete the initial evaluation and eligibility determinations is 30 school days for preschool students and 60 calendar days for school age students.

New York State will compute its baseline data by adding “d. # of students whose evaluations were completed outside the required time line but for reasons that are “in compliance” with State requirements. These students will be added to the numerator, so the formula will be [(b+c+d) divided by (a)] times 100.


Overview of Issue/Description of System or Process


NYS law and regulations require the evaluation and eligibility determination of a preschool student be made within 30 school days of receipt of the parent's consent to evaluation.   The CPSE provides the parent with a list of approved programs that have a multidisciplinary evaluation component. The parent selects the approved evaluation program to conduct the individual evaluation of his or her child and the board of education arranges for the evaluation by the service provider selected by the parent.  In addition, with the consent of the parents, approved evaluators and CPSEs must be provided with the most recent evaluation report for a child in transition from programs and services provided pursuant to title two-a of article 25 of the Public Health Law. 

 

For school age students, the initial evaluation to determine if a student is a student with a disability must be completed within 60 calendar days of receiving parental consent for the evaluation, with exceptions for students who transfer to another school district after the evaluation period has begun and when the parent of a student repeatedly fails or refuses to produce the student for the evaluation.

 

Baseline Data for FFY 2005 (2005-06)


NYS did not collect this information prior to 2005-06. A new PD-9 form has been developed to begin collecting data on the timely determinations of eligibility for preschool and school-age students from the receipt of parental consent to evaluate to the determination of eligibility and the reasons for delays.  Baseline data will be collected in 2005-06 and reported in the February 2007 revised SPP.

Plan to Collect Baseline Data

NYS will collect data on an annual basis from a statewide representative sample of school districts in the State using a new PD 9 form.  The PD form must be submitted by October 15th annually.

Baseline data will be collected on children that meet the following criteria:  

To collect baseline data on the timeliness of eligibility determinations for children referred for preschool special education programs and/or services, the PD form will direct school districts to report the following information: 

To collect baseline data on the timeliness of eligibility determinations for school-age students for special education programs and services, the PD form will direct the school districts to report the following information:

SED will conduct random data verification reviews to ensure accurate reporting.  SED will also establish procedures to require corrective action in school district that report noncompliance. 

Sampling methodology

 

Sampling will be used to establish the 2005-06 baseline for this indicator.  One-sixth of the school districts in NYS will report data for this indicator annually until all school districts have reported data within six years.   This represents approximately 120 school districts each year.  The NYC School District will be included in the sample each year.  It is the only school district in the State with a total enrollment of 50,000 or more students. 

 

NYS has distributed all school districts among six statewide representative samples. These six groups of school districts were tested with Analysis of Variance (ANOVA) and there was no statistical difference among the six groups of school districts on the population variables described in Attachment 2.

 

All school districts will have a choice of reporting data on all eligible students or they may submit data on a randomly selected sample of minimum number of students using the sampling guidelines provided below.   

Federal Indicator Number

Eligible Population of Students From Which A Random Sample Must be Selected

Minimum Number of Students in the Sample

Method for Selecting Students

Required Documentation

11

For all preschool and school-age students: All students for whom parental consent to evaluate was received during the school year (July 1 – June 30).

Use a sampling calculator.  Require 95% confidence interval and plus or minus 2% margin of error.

Random selection using a random number table.

Documentation period is seven years.

Maintain list of all eligible students, copy of Random Number Table used, beginning random number for selecting students and list of all students who were selected and their number.

 

SED will require that school districts maintain documentation as described above if they choose to report data on a sample of students. The totally random sampling methodology and required documentation should eliminate selection bias. The State will attempt to prevent missing data by first describing precisely what SED needs to collect, providing technical assistance and then following up with school districts to request missing data.  The completeness of data collection will improve after the first year and will continue to improve as long as requirements remain unchanged.  All issues of confidentiality will be handled in accordance with the rules and procedures in FERPA.  SED will also guard against divulging personally identifiable information by not reporting results when there are less than five students for whom data are available or when those results can be easily calculated based on other data provided.


Baseline Data for FFY 2005 (2005-06)

 

For the 2005-06 school year, 116 school districts that are representative of the State provided data to the State on the number of preschool and school-age students that were referred to the CPSE or CSE for an initial determination of eligibility for special education programs and/or services and the numbers of these children that were determined eligible and the number that were determined not eligible within 30 school days for preschool children and within 60 calendar days for school-age students. School districts also provided reasons for delays in the determinations of eligibility.  Of the 116 school districts reporting data for this indicator, 114 provided information on all eligible children and 2 provided information on a sample of students.

 

The following are baseline data for the 2005-06 school year. The baseline data will be re-established in the 2006-07 school year because this indicator’s timeline was revised by the USED from a measure of the number of days between parental consent to evaluate to determination of eligibility for special education to a measure of time between parental consent to evaluate to the date when evaluation was completed.

 

Statewide Results:

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

5,538

266

1,244

27.3%

53.4% (includes 1,450 additional students)

 

School-Age Students

7,330

1,419

3,855

72.0%

78.3% (includes 462 additional students)

 

Total for All Students

12,868

1,685

5,099

52.7%

67.6% (includes 1,912 additional reasons)

Results in Central Special Education Quality Assurance Region:

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

253

9

43

20.6%

34.0% (includes 34 additional students)

 

School-Age Students

503

81

225

60.8%

71.8% (includes 55 additional students)

 

Total for All Students

756

90

268

47.4%

59.1% (includes 89 additional reasons)

 

Results in Eastern Special Education Quality Assurance Region:
 

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

525

50

134

35.0%

57.3% (includes  117 additional students)

 

School-Age Students

667

208

318

78.9%

83.4% (includes  30 additional students)

 

Total for All Students

1,192

258

452

59.6%

71.9% (includes  147 additional reasons)


Results in Hudson Valley Special Education Quality Assurance Region:
 

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

822

23

136

19.3%

47.9% (includes   235 additional students)

 

School-Age Students

1,322

260

467

55.0%

63.0% (includes   106 additional students)

 

Total for All Students

2,144

283

603

41.3%

57.2% (includes  341 additional reasons)

 

Results in Long Island Special Education Quality Assurance Region:
 

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

1,098

75

313

35.3%

47.3% (includes    131 additional students)

 

School-Age Students

1,644

511

731

75.5%

82.2% (includes   110 additional students)

Total for All Students

2,742

586

1,044

59.4%

68.2% (includes  241 additional reasons)


Results in New York City Special Education Quality Assurance Region:
 

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

2,100

39

357

18.9%

55.6% (includes    772 additional students)

 

School-Age Students

2,236

220

1,471

75.6%

81.8% (includes    138 additional students)

 

Total for All Students

4,336

259

1,828

48.1%

69.1% (includes   910 additional reasons)

 

Results in Western Special Education Quality Assurance Region:
 

 

A

B

C

D

E

Category of Students

Number of Preschool and School-Age Students for Whom Parental Consent to Evaluate Was Received

Number of Students Determined Not Eligible Within Timeline

Number of Students Determined  Eligible Within Timeline

Federal Rate Described Under the Measurement Section:

(B+C)/A

Baseline Data: (Eligibility Decision Made in Accordance with State Requirements)

Preschool Children

740

70

261

44.7%

66.5% (includes     161 additional students)

 

School-Age Students

958

139

643

81.6%

66.5% (includes     23 additional students)

 

Total for All Students

1,698

209

904

65.5%

76.4% (includes    184 additional reasons)


Reasons

 

Following is an analysis of the reasons reported that the school districts were not able to meet the State required timeline.  Reasons have been separated into two categories: those that are determined to be "in compliance" with State regulations and those that are determined to be "out of compliance" with State regulations. 

 

Some of the “in compliance” reasons for exceeding the required timeline for 1450 preschool children and 462 school-age students were as follows:

Some of the “out of compliance” reasons provided by school districts exceeding the required timeline for 2,578 preschool and 1,594 school age students were as follows:

Extent of Delays

 

Following is an analysis of the number of days past the timeline that eligibility determinations were made for preschool children. Some of these delays are for  reasons determined to be "in compliance" while others have been determined to be "out of compliance".  However, NYS did not collect data in such a way as to be able to differentiate between the two types of delays:

 

Special Education Quality Assurance Region

31-40 Days

41-50 Days

51-60 Days

More than 60 Days

Central

39

36

47

57

Eastern

123

84

45

54

Hudson Valley

224

156

93

132

Long Island

344

181

68

67

New York City

465

335

216

316

Western

160

93

59

59

Total State

1,355

885

528

685

 

 Number of Days past the timeline that eligibility determinations were made for school-age students:

 

Some of these delays are for reasons that are “in compliance” with State regulations and some for reasons that are “not in compliance”.  NYS did not collect data in such a way as to be able to differentiate between the two types of delays:
 

Special Education Quality Assurance Region

61-70 Days

71-80 Days

81-100 Days

More than 100 Days

Central

45

38

47

27

Eastern

49

27

25

15

Hudson Valley

80

102

189

99

Long Island

136

66

76

59

New York City

108

84

105

98

Western

50

39

41

28

Total State

468

356

483

326


Discussion of Baseline Data

Measurable and rigorous targets 

FFY

Measurable and Rigorous Target

2005
(2005-06)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines.

2006
(2006-07)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines.

2007
(2007-08)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines

2008
(2008-09)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines.

2009
(2009-10)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines

2010
(2010-11)

100 Percent of children with parental consent to evaluate will be evaluated and eligibility determined within State required timelines.

 

Improvement Activities/Timelines/Resources:

 

Activity

Timelines

Resources

Provide incentives and professional support activities to ensure the availability of appropriately qualified assessment personnel

2005-11

Bilingual Personnel Development Center

 

Bilingual Special Education Personnel Preparation

 

United Federation of Teachers Special Education Support Program

Bilingual School Psychology and Speech and Language

Analyze reasons for delays in evaluations and provide technical assistance to school districts to address those factors that are district/regional issues.

2007-11

SEQA and Policy staff

Consider changes to State required timelines to align school age and preschool timelines with federal regulations.

2007-08

SED Policy staff

Clarify State policy to require school districts to conduct evaluations of preschool students when an approved evaluator is not available to meet the required timelines.  Issue guidance to the field.

2007-08

SED Policy staff

Update and widely disseminate the guidance document: Individual Evaluations and Eligibility Determinations for Students with Disabilities and Guide for Determining Eligibility and Special Education Programs and/or Services

for Preschool Students with Disabilities

2007-08

SED Policy staff

Ensure more appropriate referrals for evaluations by promoting a response-to-intervention process to ensure appropriate instruction prior to referral for special education.

·       Amend State policy to define the response to intervention process

·       Develop and disseminate statewide guidance on response to intervention processes

·       Provide grants to support response to intervention processes to school districts with high classification rates

·       Provide professional development to SEQA monitoring staff and SETRC on research-based literacy programs and response to intervention programs.

2007-11

State law/regulation amendments

VESID Policy/Program Development Staff

SETRC