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 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:

  1. 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.
  2. 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.
  3. 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:

The Student Information Repository System (SIRS) used to collect individual student data on all students.

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.

Actual Target Data for FFY 2009

Federal Fiscal Year (FFY) Measurable and Rigorous Target
FFY 2009
(2009-10 school year)
The statewide percent of students with disabilities, ages 6-21, served inside the regular class 80 percent or more of the day will be greater than 53.3 percent. The statewide percent of students with disabilities, ages 6-21, served inside the regular class less than 40 percent of the day will be less than 24.4 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 6.6 percent.

In FFY 2009, the statewide percent of students with disabilities, ages 6-21, served inside regular classrooms 80 percent or more of the school day was 55.2 percent.

In FFY 2009, the statewide percent of students with disabilities, ages 6-21, served inside regular classrooms for less than 40 percent of the school day was 23.0 percent.

In FFY 2009, 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 6.4 percent. (rev. 4/11)

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%  
1999-2000 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%
2009-10 396,567 55.2% 11.6% 23.0% 6.4% 3.8%
*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%
2009-10 185,188 53.7% 3.8% 29.2% 8.2% 5.2%
*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

Comparison of 2009-10 data with the prior year’s data by Need Resource Capacity of school districts requires two tables as follows. 

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.

 

2009-10 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) 163,789 53.1% 3.4% 29.6% 8.3% 5.7%
Large 4 Cities 21,399 57.7% 7.6% 26.1% 7.3% 1.3%
Urban-Suburban High Need
School Districts
30,556 47.9% 17.7% 25.9% 5.7% 2.8%
Rural High Need School Districts 23,231 55.3% 21.6% 21.0% 1.6% 0.5%
Average Need School Districts 106,066 57.7% 19.1% 17.3% 3.8% 2.2%
Low Need School Districts 48,150 63.8% 17.1% 11.4% 4.5% 3.2%
*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

2009-10 LRE Data by Board of Cooperative Educational Services (BOCES) Regions for Separate Settings: Map Word document(Word - 113 KB)

Explanation of Progress or Slippage

In FFY 2009, NYS met its targets for the percent of children with IEPs for all three measures:

  • The percentage of students with disabilities who are in regular classes for 80 percent or more of the school day decreased from 55.4 percent in the 2008-09 school year to 55.2 percent in the 2009-10 school year.  However, the State met its target, which was to be more than 53.3 percent.
  • The percent of students with disabilities who are in regular classes for less than 40 percent of the school day decreased from 23.6 percent in 2008-09 to 23.0 percent in 2009-10.  The State met its target, which was to be below 24.4 percent in 2009-10.
  • The percent of students with disabilities who are educated in separate settings increased from 6.0 percent in 2008-09 to 6.4 percent in 2009-10.  However, the State met its target, which was to be below 6.6 percent in 2009-10. (rev. 4/11)
  • New York City (NYC) reduced the percentage of students who are in regular classes for less than 40 percent of the day from 31.6 to 29.6 percent.
  • NYC placed 8.3 percent of its students with disabilities in separate education settings, which is the largest such percentage 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 2009-10

  • The Office of Special Education continues to provide expanded 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.  In collaboration with the Regional Special Education Technical Assistance Support Centers (RSE-TASC), the TAC-D is working to enhance the focus of their work with districts by developing annual measurable goals and shaping intervention strategies to match the challenges of targeted districts in an effort to yield greater improvement.  
  • The State Education Department (SED) continues to conduct 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 placements of students with disabilities in the least restrictive environment (LRE). 
  • In the 2009-10 school year, a total of 79 three-day training programs were provided to Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE) chairpersons.  These trainings included information on IEP development and LRE placement decisions. 
  • 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 2009-10 school year (617) shows a reduction of 41 percent from the number served during the 2005-06 school year (1,050).  This is only slightly less than the 43 percent reduction observed during the 2008-09 school year.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2009 [If applicable]

None.

Last Updated: April 20, 2011