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:  Disproportionality

Indicator #9:  Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification.

(20 U.S.C. 1416(a)(3)(C))

Measurement:

Percent = # of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification divided by # of districts in the State times 100.

Include State’s definition of  “disproportionate representation.”

Describe how the State determined that disproportionate representation of racial and ethnic groups in special education and related services was the result of inappropriate identification, e.g., monitoring data, review of policies, practices and procedures under 618(d), etc.

 

NYS Measurement:

NYS will compare the percent of total enrollment of each race/ethnic group in special education with the percent of total enrollment of all other race/ethnic groups in special education combined.  For notifications of school districts during the 2005-06 school year based on 2004-05 school year data, the State will use the following definition of “disproportionate representation” and in subsequent years may revise the definition by lowering the relative risk ratio, weighted relative risk ratio as well as the minimum numbers of students:

  • At least 75 students with disabilities enrolled on 12/1/04;

  • A minimum of 30 students (disabled and nondisabled) of particular race/ethnicity enrolled on first Wednesday in October 2004;

  • At least 75 students (disabled and nondisabled) of all other race/ethnicities enrolled on first Wednesday in October 2004;

  • At least 10 students with disabilities of particular race/ethnicity enrolled in district on 12/1/04; and
  • Either:

  • Both the relative risk ratio and weighted relative risk ratio for any minority group  is 2.5 or higher; or
  • All students with disabilities in special education are of only one minority group regardless of the size of the relative risk ratio and weighted relative risk ratio.


Overview of Issue/Description of System or Process

IDEA section 618(d) requires States to collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State with respect to:

In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children, the State shall:

Furthermore, IDEA section 616(a)(3) requires the Secretary to monitor states and the State to monitor LEAs using quantifiable and qualitative indicators to measure disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.

As a result of the passage of NYS legislation in 1999 (Chapter 405 of the Laws of 1999), the State has been identifying school districts for disproportionality based on race and ethnicity issues among other special education issues since the 2000-01 school year.  It has conducted three such notifications, in 2000-01, 2002-03 and 2004-05 school years. Identified school districts were assigned to one of three levels of technical assistance: “self-review,” “regional review” and “targeted.”

In the first two notifications (2000-01 and 2002-03), NYS used the chi‑square formula with the addition of some minimum numbers of students in the total enrollment and in each expected value cell of the chi‑square formula.  In the third notification, after review of our methodology, we revised how the chi‑square statistic was calculated and added the relative risk ratio calculation to our methodology to identify school districts that had significant disproportion. Only school districts with significant chi‑square results, relative risk ratios of 1.2 or higher (or 0.5 or lower for the "removed from regular classes for less than 20 percent of the day placement category") and minimum numbers of enrollment were identified for significant disproportion.

Because of the requirement to establish a baseline that identifies disproportionality that is the result of inappropriate policies, practices and procedures, NYS will revise its methodology for addressing disproportionality as described below.

Plan to collect baseline data

By February 2006, NYS will analyze data and send notifications to school districts whose data indicate "significant disproportion," providing them with a State developed "Disproportionality Self-Review” monitoring protocol.  The notifications will also trigger a re‑direct of 15 percent of the school district's IDEA funds to support early intervening services.

By May 2006, these school districts will be required to submit their completed self‑review monitoring protocols of relevant school district policies, practices and procedures to the Department.  The district must include community representatives from diverse racial and ethnic backgrounds in the review of the policies, procedures and practices. 

Based on this self-review, if a school district determines that one or more of its policies, procedures and/or practices requires revision, it must revise them and publicly post such revisions and report the corrective action to the Department.

If the State determines that the school district's policies, procedures and practices are in compliance with federal and State requirements, the school district will not be required to complete another review of its policies, procedures or practices during the remaining period of the SPP. However, IDEA funds will continue to be redirected if data indicates discrepancy, based on the State’s definition. Furthermore, if school district’s data do not improve, the State may conduct another review of school district’s policies, practices and procedures.

 

School districts that are found to have inappropriate policies, procedures and/or practices through the self-reviews or Department verification reviews will be reported in the baseline data for the 2005-06 school year.

 

Baseline Data for FFY 2005 (2005-06)

 

Six out of ten school districts (or 0.9 percent of all school districts in the State) reported having significant disproportionate representation of minorities in special education that is the result of inappropriate policies, practices and procedures. This baseline data may be modified upon completion of verification reviews in four school districts.

 

Discussion of Baseline Data

Measurable and Rigorous Targets

FFY

Measurable and Rigorous Target

2005
(2005-06)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

2006
(2006-07)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

2007
(2007-08)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

2008
(2008-09)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

2009
(2009-10)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

2010
(2010-11)

The percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification will be 0.

 

 

Improvement Activities/Timelines/Resources

 

Activity

Timelines

Resources

Develop self-review monitoring protocols for review of policies, procedures and practices that may lead to disproportionate rates of identification for special education by race/ethnicity.

2006

SED staff; consultation with NYU Metro Center

Require districts identified by SED as having significant disproportionality based on race/ethnicity in the identification of students with disabilities to conduct a self review of its policies, procedures and practices.  Staff from SED funded technical assistance networks available to facilitate the self-review and provide on-site technical assistance to districts to address identified inappropriate policies, procedures and practices.

2006-11

SED staff; SETRC professional development specialists

Conduct regional meetings to which districts identified by SED as having significant disproportionality based on race/ethnicity in the identification of students with disabilities must attend to review the monitoring protocol and learn about resources for technical assistance.

2007-11

SED staff; SETRC professional development specialists; Bilingual SETRC network

NYU Metro Center

Provide technical assistance to school districts identified with disproportionate classification rates by race/ethnicity to improve

2005-11

Bilingual SETRC network

NYU Metro Center

The Metropolitan Center for Urban Education at NYU has a contract with VESID to develop, implement, and assess the provision of comprehensive technical assistance and professional development to New York State School districts that are addressing issues of disproportionality.  The project's work includes building the capacity of regions and districts in understanding the root cause and systemically addressing the disproportionate assignment of various subgroups in special education.  This entails providing professional development trainings, coaching, training follow-ups, materials and resources.  The resources include a Web-Based Clearinghouse and a Disproportionality Data Repository.

 

2005-11

 

Idea Part B discretionary funds

 

NYU Metro Center

http://steinhardt.nyu.edu/metrocenter/

Chapter405/who.html

 

Develop and disseminate information on effective practices relating to culturally responsive curriculum and instruction, student engagement, home school connections, assessment and leadership as they relate to disproportionate representation in special education by race/ethnicity.

2007-11

NYU Metro Center

http://steinhardt.nyu.edu/metrocenter/

Chapter405/trainingmodules.html

Support preservice and in-service staff development programs to enhance the availability of bilingual related service providers

2005-11

IDEA Part B Discretionary Funds to support the following projects:

Bilingual Special Education

Bilingual Paraprofessional Certification/Interagency Council of NYC

Bilingual Personnel Development Center

Bilingual School Psychology Center

Intensive Teacher Institute - Bilingual