Special Education

Annual Performance Report for 2008-09 - February 2010 - Indicator 5

Overview of the Annual Performance Report Development:

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

Monitoring Priority: FAPE in the LRE

Indicator 5:  Percent of children with individualized education programs (IEPs) aged 6 through 21 served:

A.  Inside the regular class 80% or more of the day;
B.  Inside the regular class less than 40% of the day; and
C.  In separate schools, residential facilities, or homebound/hospital placements.
(20 U.S.C. 1416(a)(3)(A))

Measurement:

A.  Percent = [(# of children with IEPs served inside the regular class 80% or more of the day) divided by the (total # of students aged 6 through 21 with IEPs)] times 100.
B.  Percent = [(# of children with IEPs served inside the regular class less than 40% 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 separate schools, residential facilities, or homebound/hospital placements) divided by the total (# of students aged 6 through 21 with IEPs)] times 100.

Data Source:

New York State (NYS) will use data collected for Table 3 of Information Collection 1820-0517 (Part B, Individuals with Disabilities Education Act Implementation of FAPE Requirements) and reported annually in the 618 report to the United States Education Department (USED).  These data are also provided to USED in the corresponding EDFacts files.

Federal Fiscal Year (FFY)

Measurable and Rigorous Target

FFY 2008
(2008-09 school year)

The statewide percent of students with disabilities, ages 6-21, served inside the regular class 80% or more of the day will be greater than 53.2 percent.

The statewide percent of students with disabilities, ages 6-21, served inside the regular class less than 40% of the day will be less than 24.5 percent. 

The statewide percent of students with disabilities, ages 6-21, served in separate schools, residential placements, or homebound/hospital placements will be less than 6.7 percent.

Note: Following USED changes in the least restrictive environment (LRE) reporting categories effective for the 2006-07 school year; NYS revised its targets for Indicator 5, beginning with school year 2007-08. See APR February 2008.

Actual Target Data for FFY 2008

In FFY 2008, the statewide percent of students with disabilities, ages 6-21, served inside regular classrooms 80 percent or more of the school day was 55.4 percent.

In FFY 2008, the statewide percent of students with disabilities, ages 6-21, served inside regular classrooms for less than 40 percent of the school day was 23.6 percent.

In FFY 2008, the statewide percent of students with disabilities, ages 6-21, served in public or private separate schools, residential placements, or homebound or hospital placements was 6.0 percent.

Statewide Trend Data: LRE for School-Age Students with Disabilities

School Year

Number of Students Ages 6-21, on December 1 of the School year or first Wednesday in October Beginning in 2008-09 School Year

Percent of School Day that Students are in Regular Classes

Percent of Students in Separate Settings

Percent of Students in Other Specific Settings*

80% or More

40% to 80%

Less than 40%

1997-98

372,716

43.2%

12.9%

34.8%

9.1%

 

1998-99

381,342

44.7%

12.9%

33.5%

8.9%

 

1999-00

384,352

47.6%

13.2%

30.7%

8.5%

 

2000-01

389,668

49.5%

12.9%

29.8%

7.7%

 

2001-02

387,014

51.1%

12.9%

28.6%

7.4%

 

2002-03

386,082

51.8%

13.9%

27.0%

7.4%

 

2003-04

387,633

53.4%

12.4%

27.0%

7.3%

 

2004-05 (Baseline Year for APR)

391,595

53.6%

12.0%

27.3%

7.0%

 

2005-06

389,125

54.5%

13.1%

25.5%

6.9%

 

2006-07

391,773

53.1%

12.9%

24.6%

6.8%

2.6%

2007-08

390,550

54.2%

12.4%

24.1%

6.5%

2.7%

2008-09

382,540

55.4%

12.2%

23.6%

6.0%

2.8%

*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

Big Five Cities’ Combined Trend Data: LRE for School-Age Students with Disabilities

School Year

Number of Students Ages 6-21, on December 1 of the School year or first Wednesday in October Beginning in 2008-09 School Year

Percent of School Day that Students are in Regular Classes

Percent of Students in Separate Settings

Percent of Students in Other Specific Settings*

80% or More

40% to 80%

Less than 40%

2002-03

160,410

47.9%

5.4%

38.1%

8.6%

 

2003-04

161,347

49.5%

2.5%

39.0%

9.0%

 

2004-05

165,795

49.9%

2.1%

39.3%

8.8%

 

2005-06

164,462

51.3%

4.8%

35.2%

8.7%

 

2006-07

169,394

49.7%

4.8%

33.5%

9.0%

3.1%

2007-08

172,979

51.5%

4.5%

31.9%

8.5%

3.6%

2008-09

169,737

53.1%

4.4%

31.1%

7.9%

3.6%

*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.


 

2008-09 LRE Data for Students with Disabilities by
Need Resource Capacity Category of School Districts

 

Need Resource Capacity

Number of Students Ages 6-21, on First Wednesday in October of the School Year

Percent of School Day that Students are in Regular Classes

Percent of Students in Separate Settings

Percent of Students in Other Specific Settings*

80% or More

40% to 80%

Less than 40%

New York City (NYC)

148,652

52.6%

3.8%

31.6%

8.0%

4.0%

Large 4 Cities

21,085

57.0%

8.4%

27.2%

6.5%

1.0%

Urban-Suburban High Need School Districts

30,368

48.7%

16.8%

26.1%

5.7%

2.7%

Rural High Need School Districts

23,662

54.3%

22.9%

20.7%

1.6%

0.5%

Average Need School Districts

106,900

57.7%

19.1%

17.4%

3.8%

1.9%

Low Need School Districts

48,159

64.0%

17.1%

11.6%

4.6%

2.7%

*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

2008-09 LRE Data by Board of Cooperative Educational Services (BOCES) Regions for Separate Settings: Map (Word Word Document)

Explanation of Progress or Slippage

In FFY 2008, NYS met its targets in all three settings:

  • The percentage of students with disabilities who are in regular classes for 80 percent or more of the school day increased from 54.2 percent in the 2007-08 school year to 55.4 percent in the 2008-09 school year.  The State met its target, which was to increase this percentage to more than 53.2 percent.
  • The percent of students with disabilities who are in regular classes for less than 40 percent of the school day decreased from 24.1 percent in 2007-08 to 23.6 percent in 2008-09.  The State met its target, which was to be below 24.5 percent in 2008-09.
  • The percent of students with disabilities who are educated in separate settings decreased from 6.5 percent in 2007-08 to 6.0 percent in 2008-09.  The State met its target, which was to be below 6.7 percent in 2008-09.
  • NYC reduced the percentage of students who are in regular classes for less than 40 percent of the day from 32.6 to 31.6 percent.
  • NYC reduced the percentage of students in separate settings from 8.9 to 8.0 percent, however, it continues to place more students in these settings compared to other need/resource categories of school districts.
  • The high need school districts tend to use the category of “in regular classes for less than 40 percent of the school day setting” for significantly greater percentages of students with disabilities compared to average or low-need school districts.

Improvement Activities Completed in 2008-09

  1. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) extended and expanded the resources under its contract with the New York University (NYU) Metro Center Technical Assistance Center on Disproportionality (TAC-D) to provide technical assistance directly to school districts with disproportionality by race/ethnicity in their rates of separate placements of students with disabilities.  
  2. VESID conducted regular meetings with the New York City Department of Education (NYCDOE) special education central office administration to monitor NYCDOE's implementation of its school improvement plan relating to special education and its plan to address issues of LRE placements. 
  3. The Regulations of the Commissioner of Education were amended to add “integrated co-teaching services” to the State’s continuum of special education services.  A guidance document on the continuum of services was issued to the field in April 2008 and is available at http://www.p12.nysed.gov/specialed/publications/policy/schoolagecontinuum.pdf.  The State’s technical assistance networks made training available statewide on this topic.
  4. A three-day training program for Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE) chairpersons was developed.  This training includes information on IEP development and LRE placement decisions. 
  5. Through enhanced oversight of out-of-state residential placements of students with disabilities and the implementation of an interagency plan for in-state residential development, the number of students served out-of-state during the 2008-09 school year (596) shows a reduction of 43 percent from the number served during the 2005-06 school year (1,050).

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2008 [If applicable]

None.

Last Updated: June 30, 2010