Appendix:
State Performance Plan Indicators and Required Attachments
For Part B Annual Performance Report for 2007-08:

SPP Indicator 7 Progress Report, February 2009

Attachment 1: Report of Dispute Resolutions for 2007-08 (OSEP Table 7)

Attachment 2: State Assessment Data for 2007-08 (OSEP Table 6)


IDEA Part B State Performance Plan 2005-10
Revised February 2009

Overview of the State Performance Plan Development:
See Overview of the State Performance Plan (SPP) Development in the Introduction to the SPP originally submitted February 1, 2006 and revised June 2007.  See also the Introduction to this Annual Performance Report (APR), page 1.

Monitoring Priority: FAPE in the LRE

Indicator 7:  Percent of preschool children with individualized education programs (IEPs) who demonstrate improved:

  1. Positive social-emotional skills (including social relationships);
  2. Acquisition and use of knowledge and skills (including early language/ communication and early literacy); and
  3. Use of appropriate behaviors to meet their needs.

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

Measurement:
A.  Positive social-emotional skills (including social relationships):
  1. Percent of preschool children who did not improve functioning = [(# of preschool children who did not improve functioning) divided by the (# of preschool children with IEPs assessed)] times 100.
  2. Percent of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers = [(# of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  3. Percent of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it = [(# of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it) divided by the (# of preschool children with IEPs assessed)] times 100.
  4. Percent of preschool children who improved functioning to reach a level comparable to same-aged peers = [(# of preschool children who improved functioning to reach a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  5. Percent of preschool children who maintained functioning at a level comparable to same-aged peers = [(# of preschool children who maintained functioning at a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.

If a + b + c + d + e does not sum to 100%, explain the difference.

B.  Acquisition and use of knowledge and skills (including early language/ communication and early literacy):

  1. Percent of preschool children who did not improve functioning = [(# of preschool children who did not improve functioning) divided by the (# of preschool children with IEPs assessed)] times 100.
  2. Percent of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers = [(# of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  3. Percent of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it = [(# of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it) divided by the (# of preschool children with IEPs assessed)] times 100.
  4. Percent of preschool children who improved functioning to reach a level comparable to same-aged peers = [(# of preschool children who improved functioning to reach a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  5. Percent of preschool children who maintained functioning at a level comparable to same-aged peers = [(# of preschool children who maintained functioning at a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.

If a + b + c + d + e does not sum to 100%, explain the difference.

C.  Use of appropriate behaviors to meet their needs:

  1. Percent of preschool children who did not improve functioning = [(# of preschool children who did not improve functioning) divided by the (# of preschool children with IEPs assessed)] times 100.
  2. Percent of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers = [(# of preschool children who improved functioning but not sufficient to move nearer to functioning comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  3. Percent of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it = [(# of preschool children who improved functioning to a level nearer to same-aged peers but did not reach it) divided by the (# of preschool children with IEPs assessed)] times 100.
  4. Percent of preschool children who improved functioning to reach a level comparable to same-aged peers = [(# of preschool children who improved functioning to reach a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.
  5. Percent of preschool children who maintained functioning at a level comparable to same-aged peers = [(# of preschool children who maintained functioning at a level comparable to same-aged peers) divided by the (# of preschool children with IEPs assessed)] times 100.

If a + b + c + d + e does not sum to 100%, explain the difference.

New York State’s (NYS) measurement is the same as explained above.

The PD-10 report was used to collect progress data on preschool outcomes during the 2006-07 school year via a web-based data reporting system. The PD-10 report is posted at http://www.p12.nysed.gov/sedcar/archived/0607pdrpts.htm.  Beginning in the 2007-08 school year, these data were collected at the individual student level through the State’s Student Information Repository System (SIRS). See the 2007-08 SIRS Policy Manual and 2007-08 SIRS Dictionary of Reporting Data Elements posted at http://www.p12.nysed.gov/sedcar/archived/0708pdrpts.htm#references.

Overview of Issue/Description of System or Process:

In NYS, preschool children suspected of having a disability are referred to their local school districts through their district's Committee on Preschool Special Education (CPSE).  In accordance with State statute, parents maintain the right to select an evaluator from a list of state-approved evaluators.  If, based on the evaluation, the CPSE determines that a child is eligible for special education services, an IEP is developed that identifies the recommended special education services for the child.  Preschool students with disabilities may receive related services only (RSO), services of a Special Education Itinerant Teacher (SEIT), or be placed in a special class program for either half or full day, including integrated programs with students without disabilities when appropriate.  NYS’ system allows for the provision of related services and SEIT within general education preschool and/or daycare environments as well as in the child’s home.  In NYS, most preschool children with disabilities receive their special education services from approved private preschool providers.

Identification of assessment measures in preschool outcome areas

At the request of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), a survey was conducted by the Early Childhood Direction Centers (ECDCs) of the assessment tools currently being used by special education preschool programs in NYS that measure the required indicator areas.  The most frequently administered assessments used in the State for 3- and 4-year-old preschool children to assess preschool children with disabilities in the three outcome areas are provided below.

Assessment Measure

Name, Edition and
Publication Date of
Assessment Measure

Outcome 1

Positive
Social Relationships

Outcome 2

Acquire and Use Skills and Knowledge

Outcome 3

Takes Actions
to
Meet Needs

Adaptive Behavior Assessment System (Ages 0-5)

 

 

X

Arizona Articulation Proficiency Scale – 3rd Revision, Western Psychological Service, 2000

 

X

 

Battelle Developmental Inventory (BDI 2) – 2nd Edition, 2005

X

X

X

Bayley Scales of Infant Development (BSID 2), 1993

 

X

 

Behavior Assessment System for Children (BASC) - 2nd Edition, 2004

X

 

X

Brigance Diagnostic Inventory of Development, 1st Edition, Copyright (1978, revised 1991)

X

 

X

Carolina Curriculum for Preschoolers with Special Needs, 2nd Edition, Copyright 2004

X

X

X

Child Behavior Checklist (CBCL) – 2nd Edition, 2000

X

   

Clinical Evaluation of Language Fundamentals-Preschool II (CELF), 1992 & 2004

 

X

 

Connors’ Parent & Teacher Rating Scale (CRS-R), 1997

X

   

Developmental Assessment of Young Children (DAYC), 1998

X

X

X

Differential Ability Scales – Psychological Corporation, 1990

 

X

 

Goldman-Fristoe Test of Articulation 2, American Guidance Service, Inc., 2000 Edition

 

X

 

Hawaii Early Learning Profile (HELP), 2004

 

X

X

Learning Accomplishment Profile–D (LAP-D)

X

X

 

Mullen Scales of Early Learning, 1995

 

X

 

Peabody Developmental Motor Scales-2, 2002 (1983)

 

 

X

Peabody Picture Vocab. Test (PPVT) – IIIA

 

X

 

Preschool – Kindergarten Behavior Scales – 2nd Edition, 2002

X

 

 

Preschool Evaluation Scale

X

X

X

Preschool Language Scale – (PLS-4), 2002

 

X

 

Rossetti Infant-Toddler Language Scales, 1990

X

X

 

Sensory Profile Checklist (Dunn) Psychological Corporation, 1999

   

X

Stanford-Binet Intelligence Scale, 2003

 

X

 

Stuttering Severity Instrument for Children & Adults, Third Edition, 1994

 

X

 

Vineland Social Emotional Early Childhood Scales (SEEC)

X

X

X

Wechsler Preschool and Primary Scale of Intelligence-III (WPPSI), 2002

 

X

 

Westby Play Scale, 2000

 

X

 

Process to collect entry and exit information

Entry assessments:

All preschool children who were initially evaluated on or after March 1, 2006 and found eligible for preschool special education programs and/or services are required to have entry assessment results.  All preschool children suspected of having a disability must have entry assessments.  These assessments are conducted by approved preschool evaluators. Results are reported to the CPSE, which determines if the child is eligible for preschool special education programs and services and the entry levels of functioning in three early childhood outcome areas.  Approved preschool evaluators are required to include specific assessment information on the Preschool Student Evaluation Summary Report and fill out the supporting evidence for questions 1a, 2a and 3a of the Child Outcomes Summary Form.  CPSEs are required to meet to determine a preschool child’s eligibility for preschool special education programs and/or services and review the summary evaluation results and reports from the approved evaluator.  For preschool children found to be eligible, the CPSEs rate the child’s functioning across settings in each of the three outcome areas identified in questions 1a, 2a, and 3a of the Child Outcomes Summary Form.  Annually, a representative sample of school districts are required to collect and submit entry and exit data to the State Education Department (SED) through SIRS for preschool children who leave preschool special education services anytime during the school year.  All school districts are required to maintain entry level assessment data on all preschool children who are determined to be eligible for preschool special education programs or services.

Exit assessments:

While all preschool children who were initially evaluated on or after March 1, 2006 and found eligible for preschool special education programs and/or services are required to have entry assessment results, exit assessments only need to be conducted for preschool children with disabilities who stop receiving preschool special education services due to program completion or declassification during the school year in which the school district is required to report exit data on this indicator.  The only children in sample school districts who require exit assessments are those who received an entry assessment and participated in preschool special education for at least six months prior to exiting.

In order to collect exit assessment data on the progress preschool children with disabilities have made as a result of receiving preschool special education programs and/or services, the Committee on Special Education (CSE) must arrange for exit assessment(s) in the three early childhood outcome areas to be conducted as part of the reevaluation process to determine the child’s eligibility for school age special education.  Whenever possible and appropriate, the exit assessment instruments should be the same assessment instruments used by the preschool evaluator for the entry assessment process.  The results of these assessments must be provided to the CSE.  The CSE will review the exit assessment results and determine the child’s progress rating in the three identified areas.  Some preschool children with disabilities may be referred to the CPSE for possible declassification prior to aging out of preschool special education programs and/or services.  When considering declassification of a preschool child with a disability, the CPSE must arrange for a reevaluation by an approved evaluator selected by the parent.  The reevaluation process must include conducting exit assessments that measure the child’s progress in the three early childhood outcome areas.  Whenever possible, the exit assessment instruments should be the same assessment instruments used by the initial approved preschool evaluator for the entry assessment process.  The results of the reevaluation and exit assessments must be provided to the CPSE, including the child’s parents and the person designated by the municipality in which the child resides.  The CPSE must review the reevaluation and assessment results and determine the child’s progress rating in each of the three identified areas.

Sampling Methodology

Annually, NYS requires a representative sample of one/sixth of the school districts in the State to report progress data on this indicator through the individual student data collection system, SIRS.  The process for selecting a representative sample of school districts each year to report data on this indicator through the 2010-11 school year is described in NYS’ SPP, as revised in June 2007.  NYS’ sampling plan is such that over the six-year SPP cycle, every school district will have submitted progress data on preschool outcomes at least once.  New York City (NYC) is the only district with a total enrollment of over 50,000 students and submits data for every special education indicator every year.  Every school district except NYC reported progress data on all eligible preschool children.  NYC reports progress data on a representative sample of students.

Beginning in the 2007-08 school year, NYS collected entry and exit scores on the Child Outcomes Summary Form on an individual student basis through SIRS and categorized children in the progress categories as described in the measure.  Except for NYC, all school districts assigned to report data on this indicator are required to provide data on all exiting preschool children that meet the criteria (no sampling is permitted).  See the 2007-08 SIRS policy manual and 2007-08 SIRS Dictionary of Reporting Data Elements posted at http://www.p12.nysed.gov/sedcar/archived/0708pdrpts.htm#references.  Reporting data through this new system is expected to improve the accuracy of these data.  NYS collects raw data on the score each child receives on the Child Outcomes Summary Form at entry and again at exit from preschool special education programs or services.  Based on the raw data, the State reports children in the correct progress category.  Having data at the individual student level and the ability to track children longitudinally until they no longer attend school in NYS provides the State greater capacity for data analysis.

NYC is required to maintain documentation regarding selecting students for sampling, since they are the only school district that are allowed to report these data for a sample of eligible students.  The totally random sampling methodology and required documentation should eliminate selection bias.  SED will attempt to prevent missing data by first describing precisely what the State 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 are handled in accordance with the rules and procedures in the Family Educational Rights and Privacy Act (FERPA).  SED guards 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.
Progress Data
At the end of the 2007-08 school year, 112 school districts reported progress data on 1,678 preschool students with disabilities in each early childhood outcome area.  Two school district’s data were missing at the time this report was prepared.  The 1,695 students left preschool special education programs and/or services during the 2007-08 school year after receiving special education for at least six months.  The results for these students in the three early childhood outcome areas are reported below.


Early Childhood Outcome Area

Progress Category (Refer to Measurement Section for full Description of Progress Categories)

Number of Preschool Students

Percent of 1,695 students

Positive social-emotional skills (including social relationships)

a. Did not improve functioning

24

1.4%

b. Improved-not sufficient to move nearer to same-aged peers

174

10.3%

c. Improved-nearer to same aged peers

562

33.2%

d. Improved-reached functioning to same-aged peers

614

36.2%

e. Maintained functioning as same-aged  peers

321

18.9%

Total

1,695

100.0%

Acquisition and use of knowledge and skills (including early language/communication and early literacy)

a. Did not improve functioning

21

1.2%

b. Improved-not sufficient to move nearer to same-aged peers

161

9.5%

c. Improved- nearer to same aged peers

592

34.9%

d. Improved-reached functioning to same-aged peers

587

34.6%

e. Maintained functioning as same-aged peers

334

19.7%

Total

1,695

100.0%

Use of appropriate behaviors to meet their needs

a. Did not improve functioning

29

1.7%

b. Improved-not sufficient to move nearer to same-aged peers

134

7.9%

c. Improved- nearer to same aged peers

477

28.1%

d. Improved-reached functioning to same-aged peers

568

33.5%

e. Maintained functioning as same-aged  peers

487

28.7%

Total

1,695

100.0%

Discussion of Baseline Data:
Baseline data and targets will be identified in FFY 2009 and reported in the APR February 2010.

Improvement Activities/Timelines/Resources:


Activity

Timeline

Resources

Disseminate regional preschool outcome data progress results to approved preschool providers.

2008-11

ECDCs

Provide technical assistance to preschool providers on instructional programs to improve results in positive social-emotional skills; early language/communication and literacy; and use of appropriate behaviors.

2007-11

15 ECDCs covering every county and borough in NYS

Guide for Determining Eligibility and Special Education Programs and/or Services for Preschool Students with Disabilities

Preschool Special Education Learning Outcomes and Indicators for Kindergarten Participation

Preschool Special Education Program Self-Assessment and Quality Improvement Guide

Disseminate the results of the preschool longitudinal study, including the positive effects on social-emotional skills, early language/communication and use of appropriate behaviors of placements of preschool students in integrated versus nonintegrated settings.

2007-08

IDEA Discretionary Funds

Longitudinal Study of Preschool Students

Implement Regents Policy on Early Education to increase the capacity of NYS’ many child care and education services to support families and address social emotional needs of preschool children.

2007-11

University of the State of New York (USNY) Cabinet on Early Childhood Education

Improve knowledge and skills of CPSE and providers:

 

Special Education Training and Resource Center (SETRC) Regional Trainers, ECDC regional staff

IDEA discretionary funds to support training

VESID staff

  • develop training curricula for CPSE chairpersons on eligibility determinations, State and federal requirements and decision making.

2008-09

  • offer initial training for newly appointed CPSE chairpersons beginning in the summer or fall of 2008 and annually thereafter.

2008-09

  • update and disseminate the Parent Handbook.

2008

  • update the VESID publication, Guide for Determining Eligibility and Special Education Programs and/or Services for Preschool Students with Disabilities

2009

 
  • review the continuum of services options for preschool students, seek public comment, and propose a recommendation for discussion with the Board of Regents.

2009-10

 

Improve mechanisms for tracking progress and child outcomes.

2008-2011

VESID staff

Encourage development of UPK for three-and four-year-olds to increase the availability of integrated settings and promote earlier connections between preschoolers with disabilities and the district setting that is most able to meet the needs of children in the least restrictive environment.

2008-11

VESID and P-16 staff

SED guidance

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2007:

Improvement Activities Completed in 2007-08


Attachment 1:  Report of Dispute Resolutions, 2007-08

TABLE 7

U.S. DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION
AND REHABILITATIVE SERVICES
REPORT OF DISPUTE RESOLUTION UNDER PART B,
OF THE

INDIVIDUALS WITH DISABILITIES EDUCATION ACT
2007-08

PAGE 1 OF 1

OMB NO.: 1820-0677
OFFICE OF SPECIAL EDUCATION
PROGRAMS

FORM EXPIRES: 08/31/2009

 

STATE: NEW YORK
 
SECTION A:  WRITTEN, SIGNED COMPLAINTS
 

(1) Written, signed complaints total

380

        (1.1) Complaints with reports issued

339

                   (a) Reports with findings

219

                   (b) Reports within timeline

321

                   (c) Reports within extended timelines

7

        (1.2) Complaints withdrawn or dismissed

41

        (1.3) Complaints pending

0

                   (a) Complaints pending a due process hearing

0

   
SECTION B:  MEDIATION REQUESTS
 

(2) Mediation requests total

427

        (2.1) Mediations held

257

                (a) Mediations held related to due process complaints

17

                       (i) Mediation agreements

12

                (b) Mediations held not related to due process complaints

240

                       (i) Mediation agreements

219

        (2.2) Mediations not held (including pending)

170

   
SECTION C:  DUE PROCESS COMPLAINTS
 

(3) Due process complaints total

6075

        (3.1) Resolution meetings

4677

                (a) Written Settlement agreements

539

        (3.2) Hearings (fully adjudicated)

550

                (a) Decisions within timeline (include expedited)

130

                (b) Decisions within extended timeline

315

        (3.3) Resolved without a hearing

4633

   
SECTION D:  EXPEDITED DUE PROCESS COMPLAINTS (RELATED TO DISCIPLINARY DECISION)

(4) Expedited due process complaints total

24

        (4.1) Resolution meetings

23

                (a) Written settlement agreements

5

        (4.2) Expedited hearings (fully adjudicated)

12

                (a) Change of placement ordered

7


 

Attachment 2:

Report of Participation and Performance on State Assessments 2007-08 (OSEP Table 6)