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.  In addition, NYS consulted with the NYCDOE to identify NYC specific issues and needed improvement activities.

 

Monitoring Priority:  Effective General Supervision Part B / Effective Transition


Indicator 12:  Percent of children referred by Part C prior to age 3, who are found eligible for Part B, and who have an IEP developed and implemented by their third birthday.

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

 

Measurement:

a.  # of children who have been served in Part C and referred to Part B for eligibility determination.

b.     # of those referred determined to be NOT eligible and whose eligibilities were determined prior to their third birthday.

c.     # of those found eligible who have an IEP developed and implemented by their third birthday.

d.     # of children for whom parent refusal to provide consent caused delays in evaluation or initial services.

Account for children included in a but not included in b, c or d.  Indicate the range of days beyond the third birthday when eligibility was determined and the IEP developed and the reasons for the delays.

Percent = [(c) divided by (a – b – d)] times 100.

New York State will compute its baseline data by including the following elements:

  1. # of children referred by Part C prior to age 3, who are found eligible for Part B.
  2. # of children whose IEPs were implemented by their third birthday.
  3. # of children whose IEPs were not implemented by their third birthday but for reasons that are “in compliance” with State regulations.

Baseline Data = [(b+c) divided by (a)] times 100

 

 

Overview of Issue/Description of System or Process

 

The Department of Health (DOH) under the Early Intervention Program (Part C) provides services to children with disabilities, birth to two.  SED has responsibility for providing services to preschool children with disabilities, ages three to five (Part B).

 

The Memorandum of Understanding (MOU) between SED and DOH focuses on activities that will result in a smooth transition from Part C to Part B services for children beginning at age three. Early Intervention Officials (EIO) have responsibility under Public Health Law for notifying school districts (with parental consent) of an Early Intervention (EI) child’s potential eligibility for services under preschool special education and for arranging a transition conference at least 120 days before the child is first eligible for preschool programs and services. A parent may also refer the child directly to the CPSE. The transition conference is scheduled at least 90 days before the child is first eligible for preschool programs and services, and is attended by the EIO, the service coordinator, the parent(s) and the chairperson of the CPSE. The purpose of the transition conference is to decide whether the child should be referred to preschool special education for determination of eligibility, to review program options available to the child and family, and to develop a transition plan. This process ensures continuity of services for the child. The timely referral and evaluation of children to preschool special education and the provision of a free appropriate public education (FAPE) in the LRE by school districts are reviewed under the SEQA preschool focused monitoring review process. 

 

The evaluation and eligibility determination of a preschool student must 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.

 

New York State Public Health Law, section 2541(8)(a) provides that a child’s eligibility for EI services ends as of his or her third birthday, unless the child has been referred to the CPSE and found eligible for preschool special education services before his or her third birthday. Under these provisions, parents may elect to either transition the child to preschool special education or continue their child in early intervention programming beyond the third birthday until either September or January, according to the following rules:

When the parent elects to continue in EI under these provisions, the CPSE would write the IEP and indicate the starting date for special education services as of September or January, respectively. In no cases may the child receive EI and preschool special education services simultaneously.

 

Upon receipt of the recommendation of the CPSE, the board of education must arrange for the preschool student with a disability to receive such programs and services commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than 30 school days prior to, or after, the appropriate starting date selected for such preschool student, in which case, the IEP must be implemented no later than 30 school days from the recommendation of the CPSE.

 

Baseline Data for FFY 2005 (2005-06)

 

SED did not collect data using the same specific measurement required by OSEP for the SPP in order to report baseline data for 2004. 


Plan to collect the data

 

SED developed a new form (PD-9) to collect data from a representative sample of school districts during the 2005-06 school year (July 1, 2005 to June 30, 2006) on the percent of children referred by Early Intervention (IDEA, Part C) prior to age three, who are found eligible for preschool programs and/or services under IDEA, Part B, and who have an IEP developed and implemented by their third birthday.  NYS will use these data to identify noncompliance and establish corrective actions for those school districts in which the data indicates less than 100% of children referred by Part C prior to age 3, who are found eligible for Part B, have an IEP developed and implemented by their third birthday for noncompliant reasons.

 

To collect baseline data on the transition of children from early intervention (Part C of IDEA) to preschool special education programs and/or services (Part B of IDEA), the PD form will direct the school districts to report the following information:

Sampling Methodology

 

Sampling will be used to establish the 2005-06 baseline for this indicator.  One-sixth of the school districts in NYS that are representative of the State will report data for this indicator annually until all school districts have reported these data over a six year period.  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 for this indicator 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

12

All children who are referred for special education services under Part C to Part B prior to age 3 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.

 

 

Baseline Data for 2005 (2005-06)

 

86.5 percent of children who were referred from Part C to Part B for eligibility determination and services had their eligibility determination made and IEP implemented by their third birthday. This percentage includes children whose delays in eligibility determination or IEP implementation were for reasons that are in compliance with State requirements.

 

In the 2005-06 school year, 117 school districts that are representative of the State provided data to the State on the numbers of children who were receiving EI services for whom parents provided consent to evaluate for determination of eligibility for preschool special education programs or services under Part B of IDEA. Data were collected on the numbers of children found eligible and numbers of children found not eligible prior to their third birthday and on the numbers of IEPs developed and implemented prior to children’s third birthday.  Data were also collected on the number of days past the children’s third birthday when the IEP was implemented and the reasons for the delays. Of the 117 school districts reporting data for this indicator, 116 provided information on all eligible children and 1 provided information on a sample of students.

 

The table below provides NYS’ baseline data calculation for the 2005-06 school year.

 

*The federal calculation described in the measurement section of this indicator for NYS is as follows:  [(C ) /(A-B-D)]*100 = 26.9%

 

 

A

B

C

D

E

F

Region

# of children who have been served in Part C and referred to Part B for eligibility determination

# of those referred determined to be NOT eligible and whose eligibilities were determined prior to their third birthday.

 

# of those found eligible who have an IEP developed and implemented by their third birthday.

# of children for whom parent refusal to provide consent caused delays in eligibility determination or initial services

# of children for whom delays in determination of eligibility or delays in implementing the IEP were caused by reasons that are “in compliance” with State requirements

Baseline Data Calculation*:

[( C ) /(A-B-D-E)]*100

Central

296

20

48

19

176

59.3%

Eastern

158

4

55

3

94

96.5%

Hudson Valley

214

11

109

5

79

91.6%

Long Island

321

11

121

4

177

93.8%

New York City

1,825

47

165

659

921

83.3%

Western

282

20

116

13

123

92.1%

Total State

3,096

113

614

703

1,570

86.5%

 

 

 

 

 

 

 

 

 

Column D in the table above includes the following other reasons determined to be "in compliance” with State requirements for implementing the IEP past the child’s third birthday for children included in Column A above:

Some of the reasons provided by school districts for implementing the child’s IEP past the third birthday determined to be "out of compliance" with State requirements were as follows:

Number of Days past the Third Birthday When IEPs were Implemented: Some of these children had delays for reasons that are “in compliance” with State requirements and some are for reasons that are considered to be “out of compliance” with State requirements. Data were not collected in such a way as to be able to distinguish between the two types of delays:

 

Region

1 to 10 Days

11 to 20 Days

21-30 Days

More than 30 Days

Central

32

13

14

118

Eastern

10

10

7

61

Hudson Valley

15

8

4

58

Long Island

17

11

12

135

New York City

39

38

40

642

Western

6

10

11

101

Total State

119

90

88

1,115

 

Of all the Children in Each SEQA Region Whose IEPs are Delayed (displayed in the table above), What Percentage are Delayed by the Number of Days:

 

Region

1 to 10 Days

11 to 20 Days

21-30 Days

More than

30 Days

Central

18.1%

7.3%

7.9%

66.7%

Eastern

11.4%

11.4%

8.0%

69.3%

Hudson Valley

17.6%

9.4%

4.7%

68.2%

Long Island

9.7%

6.3%

6.9%

77.1%

New York City

5.1%

5.0%

5.3%

84.6%

Western

4.7%

7.8%

8.6%

78.9%

Total State

8.4%

 

6.4%

 

6.2%

 

79.0%

 

 

Discussion of Baseline Data

Measurable and rigorous targets

FFY

Measurable and Rigorous Target

2005
(2005-06)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.

2006
(2006-07)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.

2007
(2007-08)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.

2008
(2008-09)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.

2009
(2009-10)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.

2010
(2010-11)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthday or in compliance with timelines established in State law.


Improvement Activities/Timelines/Resources
 

Activity

Timeline

Resources

Annually review and update the MOU between DOH and SED that focuses on activities that will result in a smooth transition from Part C to Part B services for children beginning at age three, including monitoring programs that are approved by DOH and SED to serve both EI and preschool children with disabilities. 

2005-11

SED staff

 

Develop a joint DOH and SED guidance document: Transition of Children[dj10]  at Age Three from the New York State Department of Health Early Intervention Program to the State Education Department Preschool Special Education Program or Other Early Childhood Services

Develop and disseminate a video/training program on transition from EI to preschool special education.

Provide training to ECDCs, EI and preschool staff and administrators. ECDCs will conduct turnkey training regionally.

Conduct joint training, technical assistance and monitoring on requirements for the timely transition of children with disabilities from EI to preschool special education.


2005

  

2005-06

 

2005-06

 
2005-07

 

 

DOH and SED

 

 DOH and SED

 

 ECDCs

 

 DOH and SED

 

Approve new program applications and requests for program expansions in regions where data indicates preschool students are not receiving services by their third birthdays where there is documented need for additional programs.

2005-11

VESID staff

Continue to authorize variances to class size maximums where appropriate to allow additional students to be temporarily admitted to a preschool program after the start of the school year.

2005-11

VESID staff

Address shortages of qualified personnel to provide evaluations and services to preschool students. 

Provide technical assistance to NYCDOE on the provision of interim alternate bilingual program and services for English language learners/limited English proficient preschool students with disabilities.

2005-08

See indicator #1

Require corrective action in those school districts in which data indicate noncompliance.

2005-11

VESID

Propose a regulatory amendment to address the role of the school district in evaluating a preschool child with a disability and providing services in a timely manner.

2007

VESID