Overview of the Annual Performance Report Development:

See Overview of the Development of the Annual Performance Report in the Introduction section, page 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 the (# 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 2006-07 and 2007-08 school years based on 2005-06 and 2006-07 school year data, respectively, NYS 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. (The State’s definition of significant disproportion is the same as the definition of disproportion.):

For Over-representation in special education:

  • At least 75 students with disabilities enrolled on 12/1/06;
  • A minimum of 30 students (disabled and nondisabled) of particular race/ethnicity enrolled on first Wednesday in October 2006;
  • At least 75 students (disabled and nondisabled) of all other race/ethnicities enrolled on first Wednesday in October 2006;
  • At least 10 students with disabilities of particular race/ethnicity enrolled in district on 12/1/06; and
  • Either:
    • Both the relative risk ratio and weighted relative risk ratio for any race/ethnic group is 2.5 or higher; or
    • All students with disabilities in special education are of only one race/ethnic group regardless of the size of the relative risk ratio and weighted relative risk ratio.

For Under-representation in special education:

NYS has begun data analysis, however, will seek technical assistance from the National Center for Culturally Responsive Educational Systems (NCCRESt) to assist us with meaningful data analysis and reporting for under-representation in special education by race/ethnicity.


FFY

Measurable and Rigorous Target

FFY 2006

(School year 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.

Actual Target Data for FFY 2006:

Below are summary data on the number of school districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification and the status of making corrections to policies, practices, procedures.

School Year Data

Notification Year

Number and percent of Districts Reporting Inappropriate Policies, Practices, Procedures

Number of Districts that Corrected their Policies, Practices and Procedures Within One Year of Notification

Number of Districts that Corrected their Policies, Practices and Procedures After One Year

Number of Districts that have not Corrected their Policies, Practices and Procedures to Date

2004-05

2005-06

8 (1.2%)

2

5

1*

2005-06

2006-07

6 (0.9%) Possibly one more after verification review.

0

4

2

2006-07

2007-08

       

*This district has made progress and reported corrections to some issues of noncompliance, even though they are still not in compliance with all regulatory citations.

Based on 2004-05 school year data, NYS identified ten school districts as having significant disproportion in data in the identification of students for special education by race/ethnicity. After completing the State-developed self-review monitoring protocol, eight of these school districts reported having inappropriate policies, practices and procedures related to evaluation and identification of students for special education. The State was delayed in developing its computer systems to allow school districts to report compliance in those areas in which they initially reported noncompliance. To date, seven of the eight school districts have reported corrections to their policies, practices and procedures in the areas in which they initially reported noncompliance. The one remaining district in the last column of the table above will be provided technical assistance and be required to develop a corrective action plan for issues of continuing noncompliance.

Based on 2005-06 school year data, NYS notified seven school districts they had data indicating disproportionate over-representation of students in special education by race/ethnicity. Five of these districts had been identified in the previous school year. After completing the State developed self review monitoring protocol, six of these school districts reported having inappropriate policies, practices and procedures related to evaluation and identification of students for special education. To date, four of these school districts have reported corrections to their policies, practices and procedures in the areas in which they initially reported noncompliance. NYS will do a verification review of one district’s report of 100 percent compliance. There is still time remaining one year from notification of noncompliance for the remaining districts to report compliance.

Based on 2006-07 school year data, NYS has identified five school districts with significant disproportion in their data for over-representation. These school districts will be notified and required to complete the State-developed self-review monitoring protocol to evaluate their compliance with regulatory requirements, policies, practices and procedures related to evaluation of students for special education. Also, as required by USED, NYS will arrange for another review of their policies, practices and procedures even if these school districts completed the self-review monitoring protocol in a previous school year. These school districts will be required to report results of their self-review to the State by August 31, 2008. The web-based reporting system will notify them immediately to correct any noncompliance they identify as soon as possible but no later than one year from the automated notification date. The web-based reporting system also allows school districts to report corrections to each of the citations in which they initially report noncompliance.

NYS has begun analysis of its 2005-06 and 2006-07 school year data to determine under representation of students in special education by race/ethnicity.  However, we have not reported under representation data in the APR because the data analysis has not resulted in meaningful information to identify problems and practices that would lead to more appropriate identification of students with disabilities. NYSED intends to seek technical assistance from NCCRESt to assist us with meaningful data analysis and reporting for under-representation in special education by race/ethnicity.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2006:

Explanation of Progress or Slippage

As the data above indicate, NYS did not achieve its target of 0 districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification.

Improvement Activities Completed in 2006-07

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2006 [If applicable]:   

The following activity has been added

Activity

Timelines

Resources

Seek technical assistance from NCCRESt to assist us with meaningful data analysis and reporting for under-representation in special education by race/ethnicity.

2008

NCCRESt


Overview of the Annual Performance Report Development:

See Overview of the Development of the Annual Performance Report in the Introduction section, page 1.
 

Monitoring Priority: Disproportionality

Indicator 10:  Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that are 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 specific disability categories that is the result of inappropriate identification) divided by the (# 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 specific disability categories 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 that is identified by particular disabilities compared to other race/ethnic groups combined.  NYS 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. (The State’s definition of significant disproportion is the same as the definition of disproportion):

For Over-identification of race/ethnic groups in specific disabilities:

  • At least 75 students with disabilities enrolled on 12/1/06;
  • A minimum of 30 students (disabled and nondisabled) of particular race/ethnicity enrolled on first Wednesday in October 2006;
  • At least 75 students (disabled and nondisabled) of all other race/ethnicities enrolled on first Wednesday in October 2006;
  • At least 10 students with disabilities of particular race/ethnicity and disability  enrolled in district on 12/1/06; and
  • Either:
    • Both the relative risk ratio and weighted relative risk ratio for any minority group is 4.0 or higher; or
    • All students with disabilities in a specific disability category are of only one race/ethnic group regardless of the size of the relative risk ratio and weighted relative risk ratio.

For Under-identification of race/ethnic groups in specific disabilities:

NYSED has begun data analysis, however will seek technical assistance from NCCRESt to assist us with meaningful data analysis and reporting for under-representation in special education by race/ethnicity.

NYS will evaluate disproportionality in the identification of students by the following particular disabilities: learning disability; emotional disturbance; mental retardation, speech and language impairment; autism; and other health impairment.


FFY

Measurable and Rigorous Target

FFY 2006

(School year 2006-07)

The percent of districts with disproportionate representation of racial and ethnic groups in specific disability groups that is the result of inappropriate policies, procedures and/or practices will be 0.


Actual Target Data for FFY 2006:

Below are summary data on the number of school districts with disproportionate representation of racial and ethnic groups in specific disability that is the result of inappropriate identification and the status of making corrections to policies, practices, procedures.

Data Year

Notification Year

Number and percent of Districts Reporting Inappropriate Policies, Practices, Procedures

Number of Districts that Corrected their Policies, Practices and Procedures Within One Year of Notification

Number of Districts that Corrected their Policies, Practices and Procedures After One Year

Number of Districts that have not Corrected their Policies, Practices and Procedures to Date

2004-05

2005-06

Disability: 12 (1.8%)

0

6

6*

Setting: 4

0

4

0

2005-06

2006-07

Disability: 7 (1.0%)

0

2

5

Setting: 5

(0.7%) (Possibly 1 more after verification review)

 

2

3

2006-07

2007-08

Disability:

     

*Of the 6 school districts, one made progress and reported corrections to some issues of noncompliance although they are still not in compliance with all regulatory citations.

Based on 2004-05 school year data, NYS identified 13 school districts as having significant disproportion in data by race/ethnicity in the identification of students by specific disability and 7 schools districts as having significant disproportion in particular settings. After completing the State developed self review monitoring protocols, 12 school districts reported having inappropriate policies, practices and procedures related to identification of students by disability and 4 reported needing to make corrections in policies, practices and procedures related to placement in particular settings. NYS was delayed in developing its computer systems to allow school districts to report compliance in those areas in which they initially reported noncompliance. To date, six of these school districts have reported corrections to their policies, practices and procedures related to identification by specific disability and all have made corrections in policies, practices and procedures involved in making placements of students in particular settings.  

Based on 2005-06 school year data, NYS identified seven school districts as having significant disproportion in data in the identification of students by specific disability by race/ethnicity (six of these school districts had been identified in the previous year). Also, NYS identified seven school districts with disproportion in data for placement of students in particular settings (four of these districts had been identified in the previous school year). After completing the State developed self review monitoring protocol, all seven districts identified for disproportion by specific disability reported some inappropriate policy, practice or procedure. Five districts reported some inappropriate policy, practice or procedure related to placement in particular setting. NYS will do a verification review of one school district’s report of 100 percent compliance with policies, practices and procedures related to placement. To date, two school districts have reported corrections to policies, practices and procedures related to identification by specific disability and two districts have reported correction related to placement in particular settings. There is still time remaining one year from notification of noncompliance for the remaining districts to report compliance.

Based on 2006-07 school year data, NYS has identified twelve school districts with significant disproportion in their data for over-identification of students by specific disability. These school districts will be notified and required to complete the State-developed self-review monitoring protocol to evaluate their compliance with regulatory requirements, policies, practices and procedures related to identification of students by specific disability. Also, as required by USED, NYS will arrange for another review of their policies, practices and procedures even if these school districts completed the self-review monitoring protocol in a previous school year. These school districts will be required to report results of their self-review to the State by August 31, 2008. The web-based reporting system will notify them immediately to correct any noncompliance they identify as soon as possible but no later than one year from the automated notification date. The web-based reporting system also allows school districts to report corrections to each of the citations in which they initially report noncompliance.

NYS has begun analysis of its 2005-06 and 2006-07 school year data to determine the percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that are the result of inappropriate identification.   However, we have not reported under representation data in the APR because the data analysis has not resulted in meaningful information to identify problems and practices that would lead to more appropriate identification of students with disabilities.   NYSED intends to seek technical assistance from NCCRESt to assist us with meaningful data analysis and reporting for under-representation in specific disability categories by race/ethnicity.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2006:

Explanation of Progress or Slippage

As the data above indicates, NYS did not achieve its target of 0 districts with disproportionate representation of racial and ethnic groups in specific disabilities or settings that is the result of inappropriate identification.

Improvement Activities Completed in 2006-07

Activities to address Indicator 10 are the same as discussed in Indicator 9.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2006 [If applicable] - see Indicator 9

Revision to Proposed Targets

Beginning with 2006-07 school year data, NYS will eliminate Indicator 10B from its SPP since this indicator is not required by USED. However, NYS will still implement its responsibilities described in IDEA related to disproportionate placement, based on race/ethnicity, of students with disabilities, in particular LRE settings. NYS will also continue to require school districts to reserve up to 15 percent of IDEA funds for early intervening services when data indicate significant disproportionality in placement of students in particular settings.

FFY

Measurable and Rigorous Target

2007
(2007-08)

The percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate policies, procedures and/or practices will be 0.

2008
(2008-09)

The percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate policies, procedures and/or practices will be 0.

2009
(2009-10)

The percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate policies, procedures and/or practices will be 0.

2010
(2010-11)

The percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate policies, procedures and/or practices will be 0.

Revision to Improvement Activities

Activity

Timelines

Resources

Seek technical assistance from NCCRESt to assist us with meaningful data analysis and reporting for under-representation in specific disability categories by race/ethnicity.

2008

NCCRESt