Special Education

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 1: Percent of youth with individualized education programs (IEPs) graduating from high school with a regular diploma.
(20 U.S.C. 1416 (a)(3)(A))

Measurement:

Measurement for youth with IEPs is the same measurement as for all youth.  The calculation is explained below.

New York State’s (NYS) Measurement:

Percent of “total cohort” of students with disabilities who graduate with a high school diploma (Regents or local diploma) as of August after four years of first entering 9th grade or for ungraded students with disabilities, after four years of becoming 17 years of age.

Note: The above measurement is the same as was used in the Federal Fiscal Year (FFY) 2008 (2008-09) APR, but represents a change from the data provided in the FFY 2007, FFY 2006, and FFY 2005 APRs. In these earlier documents, the State reported results of the total cohort after four years as of June (or for ungraded students with disabilities, after four years from becoming 17 years of age). Based on a change in federal requirements for FFY 2008, which required the State to use the same data as are used under Title I of the Elementary and Secondary Education Act (ESEA), the change has been made to report results of the total cohort, four years later, as of August (or for ungraded students with disabilities, after four years from becoming 17 years of age).

Graduation rate data for students with disabilities is calculated the same as for all students.  For current year graduation requirements, see
http://www.p12.nysed.gov/ciai/EducationLawandRegulations.html

NYS uses the same graduation rate calculation and timeline established by the United States Education Department (USED) for accountability reporting under Title I of ESEA.  At the beginning of the SPP in 2004-05, this was the percent of “graduation-rate cohort” of students with disabilities who graduated with a high school diploma (Regents or local diploma) as of August 31 of the fourth year after first entering 9th grade or for ungraded students with disabilities, after four years of becoming 17 years of age.  In order to maintain consistency with ESEA in defining this measure, the definition for the graduation percent changed during school year 2005-06 to reference the “Total Cohort,” as described below.

Consistent with federal directions to report data from the 2008-09 school year for the FFY 2009 APR, NYS is reporting the performance of the 2004 total cohort as is used for accountability under ESEA.

Data Source:

Student Information Repository System (SIRS) for collecting graduation data for all students.

NYS’ Calculation for the 2008-09 School Year:

The denominator is the Total Cohort.  See below for the definition of the 2004 total district cohort.

The 2004 district Total Cohort consists of all students, regardless of their current grade level, who met one of the following conditions:

  • First entered grade 9 at any time during the 2004-05 school year (July 1, 2004 through June 30, 2005); or in the case of ungraded students with disabilities, reached their seventeenth birthday during the 2004-05 school year. 
  • Ungraded students are included in the 2004 cohort if their birth date is between July 1, 1987 and June 30, 1988 (inclusive).

Students who have spent at least five months in district schools or out-of-district placements during year 1, 2, 3, or 4 of high school are included in the district total cohort unless they transferred to another diploma-granting program outside the district.  (This five-month enrollment rule does not apply to the Statewide aggregated total cohort data displayed in this APR.)  For the 2004 Total Cohort, Year 1, 2, 3, and 4 are the 2004-05, 2005-06, 2006-07, and 2007-08 school years, respectively.

A student will be included in the district total cohort if the student’s enrollment record in the district shows that the student was enrolled for:

  • at least five continuous (not including July and August) months and the Reason for Ending Enrollment in the district was not one of the following: transferred to a school in another district, a nonpublic school, or a school outside New York; died; transferred by court order; or left the US; or
  • less than five months and has an ending reason indicating that the student dropped out or transferred to an Alternative High School Education Preparation Program (AHSEPP) or High School Equivalency Preparation Program (HSEPP) program and the student’s previous enrollment record in that district (assuming one exists) indicates that the student:
  • was enrolled in the district for at least five months (not including July and August); and
  • dropped out or transferred to a AHSEPP or HSEPP program.

The numerator for the calculation of graduation rate is the number of students with disabilities in the Total Cohort who graduate with a high school diploma (Regents or local diploma) as of August 2008 after four years of first entering 9th grade or for ungraded students with disabilities, after four years of becoming 17 years of age.

Federal Fiscal Year (FFY) Measurable and Rigorous Target
FFY 2009 (2008-09 school year results)
(2004 total cohort, as of August, four years later)*
The percent of youth with IEPs graduating from high school with a regular high school diploma within four years as of August will be 49 percent.
*Note:  In FFY 2008, the language in this target chart was adjusted to be consistent with March 2009 federal requirements for the lag in reporting year for this indicator using ESEA definitions and timelines. 

Actual Target Data for FFY 2009:

Forty-four (43.6) percent of youth with IEPs graduated from high school with a regular high school diploma within four years, as of August 2008.

Total Cohort, As of August, Four Years Later
Cohort Year All Students Students with Disabilities
# in Cohort Graduation Rate Number & Rate # in Cohort Graduation Number & Rate
2003 220,332 n=156,498
71.0%
28,528 n=11,742
41.2%
2004 223,726 n=164,744
73.6%
31,252 n=13,611
43.6%
2005 225,219 n = 167,894
74.5%
32,058 n = 14,248
(44.4%)

 

Need/Resource Capacity Category 2003 TotalCohort of SWD Four Years Later
as of August

SWD Four Years Later as of August
2005 Total Cohort of SWD Four Years Later as of August
# in Cohort Grad Rate # in Cohort Grad Rate # in Cohort Grad Rate
New York City 8,407 21.8% 10,117 25.0% 10,945 26.8%
Large Four Cities 1,536 23.4% 1,612 27.5% 1,647 26.4%
Urban/Suburban
High Need Districts
2,778 34.2% 2,633 37.6% 2,668 41.0%
Rural High Need Districts 2,323 36.6% 2,382 38.2% 2,489 40.3%
Average Need Districts 9,563 50.8% 10,216 53.8% 10,218 55.7%
Low Need Districts 3,873 74.6% 4,165 76.7% 3,985< 76.3%
Charter Schools 48 10.4% 127 39.4% 106 44.3%
Total State 28,528 41.2% 31,252 43.6% 32,058 44.4%

 


Group of
School Districts

2003 Total Cohort of
SWD Four Years Later
as of August

2004 Total Cohort of
SWD Four Years Later
as of August

2005 Total Cohort of
SWD Four Years Later
as of August

# in Cohort

Grad Rate

# in Cohort

Grad Rate

# in Cohort

Grad Rate

Big Five Cities

9,943

22.0%

11,729

25.3%

12,592

26.7%

Rest of State

18,585

51.4%

19,523

54.5%

19,466

55.9%

Total State

28,528

41.2%

31,252

43.6%

32,058

44.4%

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that occurred for FFY 2009:

In the 2008-09 school year, the State did not meet its target of 44 percent for this indicator.  However, the 2008-09 graduation rate demonstrates an improvement of 2.4 percentage points higher than 2007-08 actual target data graduation rate of 41.2 percent.  This improvement is significant because there were 2,724 more students with disabilities in the 2004 total cohort compared to the 2003 total cohort.

In the 2009-10 school year*, the State’s graduation rate improved to 44.4, which is an improvement of 0.8 percentage point over 2008-09.

* While the State is required to report in the APR the data results from the 2008-09 school year, it has chosen to also report on the State’s most recent year data for this indicator. The chart above displays three-year data results to demonstrate progress/slippage.

  • There were improvements in the graduation rate in:
    • NYC from 21.8 to 25.0 to 26.8 percent
    • Large four cities from 23.4 to 27.5 and then slippage to 26.4 percent;
    • Urban/suburban high need districts from 34.3 to 37.6 to 41.0 percent;
    • Rural high need districts from 36.6 to 38.2 to 40.3 percent;
    • Average need districts from 50.8 to 53.8 to 55.7 percent;
    • Low need districts from 74.6 to 76.7 and then slippage to 76.3 percent;
    • Charter schools from 10.4 to 39.4 to 44.3 percent.
  • The range of graduation rates for the 2004 total cohort by Need/Resource category of school districts was between 25 percent in NYC and 76.7 percent in low need school districts. The range for the 2005 total cohort was between 26.4 percent in the big four cities to 76.3 percent in the low need school districts.

Improvement Activities Completed during 2009-10

  • NYS’ criteria for identifying school districts as needing assistance or intervention under the Individuals with Disabilities Education Act (IDEA) includes a measure of graduation rates for students with disabilities in relation to the State’s graduation target for that school year.
    • In May 2010, based on 2008-09 data, 78 school districts were identified as needing assistance and 17 were identified as needing intervention.  Fifty-six (56) out of the 95 identified districts were identified based on low graduation rates.  As a result, the State directed the school districts to obtain technical assistance from the State’s Regional Special Education Technical Assistance Support Centers (RSE-TASC) school improvement and other specialists, including transition specialists.
    • During the 2009-10 school year, Special Education Quality Assurance (SEQA) conducted 22 focused reviews in identified districts that targeted policies, practices and procedures in key areas, such as individual evaluations and eligibility determinations; IEP development and implementation; appropriate instruction from qualified staff; access, participation and progress in the general education curriculum; instruction in literacy; behavioral support; and parental involvement.
    • In four of the five largest school districts in NYS, SEQA monitoring staff provided on-site technical assistance and support to assist districts in noncompliance resolution and to address systemic change at the building and district levels to ensure that students with disabilities have access to general education and receive programs that are reasonably calculated to result in educational benefit and improved outcomes.
    • SEQA monitoring staff conducted six monitoring reviews of the Boards of Cooperative Educational Services (BOCES).  BOCES serves students with disabilities who require a highly structured setting or who participate in career and technical education programs.  The reviews targeted specific compliance areas that impact priority student outcomes.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2009:

During FFY 2009, NYS became more rigorous in its criteria, consistent with proposed targets for FFY 2009, to identify a school district as needing assistance or intervention to include any school district whose graduation rate for students with disabilities was 38 percent or less, except where the school district’s five-year graduation rate was 44 percent or higher.

Last Updated: February 3, 2011