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:  FAPE in the LRE

Indicator #5:  Percent of children with IEPs aged 6 through 21:

  1. Removed from regular class less than 21% of the day;
  2. Removed from regular class greater than 60% of the day; or
  3. Served in public or private separate schools, residential placements, or homebound or hospital placements.

(20 U.S.C. 1416(a)(3)(A)) 

 Measurement: 

A. Percent = # of children with IEPs removed from regular class less than 21% of the day divided by the total # of students aged 6 through 21 with IEPs times 100.

B. Percent = # of children with IEPs removed from regular class greater than 60% of the day divided by the total # of students aged 6 through 21 with IEPs times 100.

C. Percent = # of children with IEPs served in public or private separate schools, residential placements, or homebound or hospital placements divided by the total # of students aged 6 through 21 with IEPs times 100. 

 

Overview of Issue/Description of System or Process

Section 200.4 of the Commissioner’s Regulations sets forth the requirements for placement of students with disabilities in the least restrictive environment.

NYS Education law and regulations also establish procedures for students with disabilities determined to be at future risk for residential placement:  These procedures require, where a student is determined to be at risk of a future placement in a residential school, that the CSE request in writing that a designee of the appropriate county or State agency participate in any proceeding of the CSE to make recommendations concerning the appropriateness of residential placement and other programs and placement alternatives, including but not limited to, community support services that may be available to the family. The CSE must notify the local social services district when a student who is in a foster care placement is at risk of a future placement in a residential school.

Section 200.2(g) of the Commissioner’s Regulations establishes the procedures for development and submission of “Special Education Space Requirements Plans.”  The purpose of the plan is to determine the need for additional facilities space for all special education programs in the geographic area served by the BOCES, including programs provided by the public school districts, approved private schools for students with disabilities and State-supported schools which are located within the geographic boundaries of the BOCES supervisory district.  The plan must ensure that students with disabilities are educated in age appropriate settings and to the maximum extent appropriate with students who are not disabled.  The annual progress report must provide the actual and projected numbers and projected percentages of students with disabilities in settings with nondisabled peers in the region.  The Department publishes annual data on the progress regions are making to improve their rates of placements of students with disabilities in integrated settings.

Section 200.7 of the Commissioner’s Regulations relating to the approval of new or expanded private schools to serve students with disabilities requires documentation of regional need and sufficient evidence to establish that the proposed program will serve only those students who, because of the nature or severity of their disability, would require a separate facility.

Baseline Data for FFY 2004 (2004-05)

 

A.    53.6 percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day (i.e., in general education programs for 80 percent or more of the school day). 

B.    27.3 percent of students with disabilities, ages 6-21, were removed from regular class greater than 60 percent of the day (i.e., in general education programs for less than 40 percent of the school day).

C. Seven (7.0) percent of students with disabilities, ages 6-21, were served in public or private separate schools, residential placements, or homebound or hospital placements.

Discussion of Baseline Data

Measurable and rigorous targets

FFY

Measurable and Rigorous Target

2005
(2005-06)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 54 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 27.3 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 7.0 percent.

2006
(2006-07)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 55 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 26 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 6.5 percent.

2007
(2007-08)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 56 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 25 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 6.0 percent.

2008
(2008-09)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 57 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 23 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 5.5 percent.

2009
(2009-10)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 58 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 21 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 5.0 percent.

2010
(2010-11)

The statewide percent of students with disabilities, ages 6-21, removed from regular class less than 21 percent of the day will be greater than 60 percent.

The statewide percent of students with disabilities, ages 6-21, removed from regular class greater than 60 percent of the day will be less than 20 percent. 

The statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements will be less than 4.5 percent.

 

Improvement Activities/Timelines/Resources

Activity

Timeline

Resources

Conduct focused monitoring reviews using a “Least Restrictive Environment” (LRE) protocol, designed to evaluate a school district’s performance regarding placement of students with disabilities in the LRE, including a review of the districts’ LRE data and policies and practices and determination of root causes for high rates of placements in the most restrictive settings. 

2005-11

SEQA, SETRC, RSSC

Target technical assistance and professional development network activities to focus on districts identified with high rates of placement of students with disabilities in separate sites. 

2005-10

State Improvement Grant, NYS Metro Center, SETRC, RSSC, Parent Centers

Provide Quality Assurance Review grants to large city school districts to offset the costs that these school districts may incur to participate in the focused monitoring reviews. 

2005-11

IDEA Part B Discretionary funds (see indicator #1)

Provide Quality Assurance Improvement grants to school districts to implement improvement activities identified through the focused review monitoring process.

2005-11

IDEA Part B Discretionary funds (see indicator #1)

Use a data-driven strategic planning model to develop annual improvement plans and professional development programs for the Big Four Cities (Buffalo, Syracuse, Rochester and Yonkers).

2005-11

Urban Initiative (see indicator #1)

Implement regional space planning requirements to ensure regional planning that result in students with disabilities educated in age appropriate settings and to the maximum extent appropriate with students who are not disabled. 

2005-11

District superintendents, VESID staff, Office of Management Services

Revise State policy relating to the continuum of special education programs and services to provide more instructional delivery designs in general education classes. 

2007

State regulations

Regents State Aid Proposal

Share information with school districts/agencies about innovative instructional delivery designs in general education settings; early intervening services and strategies to ensure student access to the general curriculum.

2006-11

National technical assistance centers:

·       National Institute for Urban School Improvement

·       LRE Part B Community of Practice

·       The Access Center

·       National Center for Special Education Accountability Monitoring

Require school districts identified with significant disproportionality to reserve 15 percent of its IDEA funds to provide coordinated early intervening services to address the disproportionality issue. 

2006-11

LEA Application

Revise State regulations to establish standards on behavioral interventions, including standards for functional behavioral assessments, behavioral intervention plans, use of time out rooms and emergency interventions.  Issue a guidance document on positive behavioral supports and services. 

2006-07

SED Policy Staff

Develop regional short-term intensive behavioral assessment and intervention residential and day units to assist school districts to assess and address the needs of students with severe self-injurious and/or aggressive behaviors to prevent more restrictive placements.

2007-09

Consultants

SED staff

IDEA Part B funds for start up costs

NYS requires documentation of regional need prior to any expansion and/or approval of new private school programs to serve students with disabilities in separate settings.[dj1] 

2005-11

SEQA staff

Develop quality indicators and a tool kit of resources to provide technical assistance to school districts to support the delivery of specially designed instruction in general education environments.

2006-08

SETRC Workgroup with collaboration from SEQA, Policy, EMSC, and other technical assistance networks, including the Higher Education Support Center (HESC)

Provide technical assistance and monitoring to school districts placing students in approved private schools, in-State and out-of-State

2007-11

Nondistrict Unit

 

Reduce the number of NYS students with disabilities placed in out-of-State programs through interagency collaboration and program development

2007-11

Nondistrict Unit

Interagency Out-of-State Placement Committee

School Support Projects
The Department has funded, in collaboration with OMH, DOH and FTNYS, Inc., the Mental Health School Support Projects to provide services in approximately 40 targeted schools to address the needs of children with significant behavioral issues who are at risk of suspension, expulsion or placement in special education programs out of the district. The three components of the project are: integration of mental health services, development or enhancement of family support and training for families and education personnel.

2005-11

IDEA Part B Discretionary Funds

Coordinated Children’s Service Initiative (CCSI)
NYS law established CCSI to maintain children who have complex emotional and behavioral disorders in their homes, schools and communities.  A three tier interagency structure assures that services are comprehensive and coordinated; requires parent participation at all levels of the system and provides for the blending of funds across systems and the flexible use of funds to meet the unique needs of each
family.

 

2005-11

IDEA Part B Funds support, in part, the CCSI.