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 percent or more of the day;
B.  Inside the regular class less than 40 percent 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 percent 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 percent 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 Departmentof Education (USDOE).  These data are also provided to USDOE in the corresponding EDFacts files.

Federal Fiscal Year (FFY) Measurable and Rigorous Target
FFY 2012
(2012-13 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 60 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 22percent.
The statewide percent of students with disabilities, ages 6-21, served in separate schools, residential placements, or homebound/hospital placements will be less than 5.8 percent.

Actual Target Data for FFY 2012:

57.5 percent of students with disabilities, aged 6-21, were served inside regular classrooms 80 percent or more of the school day.

21.3 percent of students with disabilities, aged 6-21, were served inside regular classrooms for less than 40 percent of the school day.

6.5 percent of students with disabilities, aged 6-21, were served in public or private separate schools, residential placements, or homebound or hospital placements.

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2012-13 LRE Data for Students with Disabilities by Need Resource Capacity Category of School Districts
Need Resource Capacity Number of Students Aged 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%
NYC 162,305 58.2% 3.7% 26.4% 8.4% 3.4%
Large 4 Cities 20,300 56.8% 11.3% 22.3% 8.2% 1.3%
Urban-Suburban High Need
School Districts
32,609 48.6% 17.1% 25.7% 5.7% 2.9%
Rural High Need School Districts 21,513 57.0% 20.0% 20.7% 1.8% 0.6%
Average Need School Districts 99,444 57.8% 19.3% 16.4% 4.1% 2.4%
Low Need School Districts 46,887 64.1% 16.0% 11.4% 4.9% 3.7%
*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

The following tables display trend data over a nine year period of time by need/resource capacity category and among the Big 5 school districts (Buffalo, NYC, Rochester, Syracuse and Yonkers).

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%
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%
2010-11 389,619 55.9% 11.8% 22.9% 6.4% 3.1%
2011-12 388,237 56.9% 11.6% 22.0% 6.4% 3.0%
2012-13 385.669 57.5% 11.6% 21.3% 6.5% 3.0%
*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%
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%
2010-11 180,857 54.9% 4.1% 29.2% 8.3% 3.4%
2011-12 183,841 56.5% 4.5% 27.5% 8.1% 3.2%
2012-13 182,605 58.0% 4.5% 25.9% 8.3% 3.2%
*Other specific settings include students who are home schooled, parentally placed in nonpublic schools or incarcerated.

 

The following chart illustrates least restrictive environment placement data by Board of Cooperative Educational Services (BOCES) region and for New York City for children with disabilities, ages 4-21:

Students with Disabilities (Ages 6-21) in Separate Settings by BOCES Regions and New York City Based on 2012-13 VR-5 Data Map Word document (Word - 127 KB)

Discussion of Improvement Activities and Explanation of Slippage, if the State did not meet its target, that occurred for FFY 2012:

NYS narrowly missed its FFY 2012 targets for all three measures, but made progress in two of the three target areas:

  • The percentage of students with disabilities who are in regular classes for 80 percent or more of the school day increased from 56.9 percent in the 2011-12 school year to 57.5 percent in the 2012-13 school year.  The State did not meet its target of more than 60 percent in 2012-13, but made a 0.6 percent improvement and came within 0.5 percentage points of the target.
  • The percent of students with disabilities who are in regular classes for less than 40 percent of the school day decreased from 22.0 percent in 2011-12 to 21.3 percent in 2012-13.  The State came within 1.3 percentage points of its target.
  • The percent of students with disabilities who are educated in separate settings remained relatively stable at 6.5 percent in 2012-13 (compared to 6.4 percent in 2011-12) and was only 0.7 percentage points short of meeting the target of below 5.8 percent.
  • The percent of students in New York City who are in regular classes for less than 40 percent of the day decreased from 28.2 to 26.4 percent.  The 1.8 percentage point decrease from the previous year shows improvement, although it does not meet the target of less than 20 percent.
  • As shown in the table above (2012-13 LRE Data for Students with Disabilities by Need Resource Capacity Category of School Districts), LRE results vary based on the districts need/resource category.  New York City, at 8.4 percent, has the highest percentage of students with disabilities placed in separate settings.  The large 4 cities and urban-suburban high need categories follow, with 8.2 percent and 5.7 percent, respectively.  Rural high need districts had the lowest percentage (1.8 percent).
  • 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 2012-13

  • State Education Department (SED) staff reviewed annual progress reports from each BOCES region on the extent to which they are meeting their benchmarks to ensure that 3.8 percent or fewer students with disabilities in each region of the State are placed in separate educational settings.
  • SED staff met with leadership from the Big 4 districts to review continuum of service requirements, including consultant teacher and integrated co-teaching services.
  • NYS law was amended to repeal the requirement for a regional space plan for students with disabilities and added a new requirement that each district superintendent of the BOCES region must determine the adequacy and appropriateness of facilities space available to house special education programs in the LRE and ensure that programs will not be relocated without adequate consideration of the needs of participating students with disabilities.
  • In 2012-13, the State’s Special Education Quality Assurance staff met with the leaders of special education in the big four city school districts to discuss ways in which delivery of instruction could be improved.

Revisions, with Justification, to Proposed Targets / Improvement Activities / Timelines / Resources for FFY 2013 [If applicable]

None

Last Updated: February 6, 2014