Special Education

2010-11 Annual Determination Criteria

2010-11 Annual Determination Criteria to Identify School Districts Meeting Requirements, Needing Assistance, or Needing Intervention to Meet the Requirements of the Individuals with Disabilities Education Act (IDEA) - May 5, 2010 - Word word document (53KB)

Overview

IDEA requires each state to annually determine if a school district Meets Requirements, Needs Assistance, Needs Intervention or Needs Substantial Intervention in order to meet the State’s performance and compliance targets for students with disabilities as established in New York State’s IDEA Part B State Performance Plan (SPP), and to take certain actions with such districts.  The New York State Education Department (NYSED) first made district determinations pursuant to IDEA for the 2006-07 school year.  NYSED based its determinations for 2010-11 using the criteria described below. 

Districts in Need of Assistance

A determination in this category means the school district requires technical assistance in order to improve results for students with disabilities.  A district was determined to “need assistance” if its performance for students with disabilities met one or more of the following criteria.

NYS Criteria for Districts In Need of Assistance, 2010-11
Target Category District in Need of Assistance
Graduation rate for students with disabilities (2004 total cohort after four years as of August 2008 for districts with at least 30 students in the cohort) Graduation rate less than 38% (but more than 21%); except that if a district's five-year graduation rate for the 2004 total cohort was 44% or higher or if the district’s four-year graduation rate for the 2005 total cohort as of August 2009 was 44% or higher, the district was not designated.
Dropout rate for students with disabilities (2005 total cohort after 4 years as of August 2009) Dropout rate of 17% or higher (but less than 32%) or dropout rate of 32% or higher but the district made 10 percentage points or more improvement in dropout rate compared to the 2004 total cohort after 4 years as of June.
Combined performance on Grades 3-8 English language arts (ELA) District did not make adequate yearly progress (AYP) for students with disabilities for two consecutive years; except that if a district’s five-year graduation rate for the 2004 total cohort was 58% or higher or if the district’s four-year graduation rate for the 2005 total cohort as of August was 52% or higher, the district was not designated.
Compliance Factors*:  For school districts for which the State has compliance results relating to indicators:
11 -     Timely completion of initial individual evaluations;
12 -     Services by the 3rd birthday for students transitioning from early intervention (EI) to preschool special education services; and/or
13 -     Transition planning on individualized education programs (IEPs).
Compliance rates between 50% and 75% and, after at least two years, have not provided documentation of correction of noncompliance.
In NYC, the annual progress in compliance rates on these indicators is a consideration in assigning the city’s overall determination level.
* Other compliance factors such as whether the district provided timely and accurate (valid and reliable) data, timely correction of noncompliance and other special education compliance factors are also considered on a district-by-district basis in these determinations.


Districts in Need of Intervention

A determination in this category means that a school district's performance is so far below the target that it requires directed assistance or intervention in order to improve performance or compliance.  A district was determined to "need intervention" if its performance for students with disabilities met one or more of the following criteria.

NYS Criteria for Districts in Need of Intervention, 2010-11
Target Category District in Need of Intervention
Graduation rate for students with disabilities (2004 total cohort after four years as of August 2008 for districts with at least 30 students in the cohort) Graduation rate of less than 22% for both 2004 and 2005 four-year cohorts as of August and there was less than a 10% improvement in graduation rates between the two cohorts; except that if a district's five-year graduation rate for the 2004 total cohort was 44% or higher, the district was not designated.
Dropout rate for students with disabilities (2005 total cohort after 4 years as of August 2009) Dropout rate of 32% or higher and less than 10 percentage points improvement in dropout rate compared to the 2004 total cohort after 4 years as of June.
Combined performance on Grades 3-8 English language arts (ELA) District did not make AYP for students with disabilities for three consecutive years; except that if a district’s five-year graduation rate for the 2004 total cohort was 58% or higher or if the district’s four-year graduation rate for the 2005 total cohort as of August was 52% or higher, the district was not designated.
Compliance Factors*:  For school districts for which the State has compliance results relating to indicators:
11 -     Timely completion of initial individual evaluations;
12 -     Services by the 3rd birthday for students transitioning from EI to preschool special education services; and/or
13 -     Transition planning on IEPs.
Compliance rates of 49% or less and, after at least two years, have not provided documentation of correction of noncompliance.
In NYC, the annual progress in compliance rates on these indicators is a consideration in assigning the city’s overall determination level.
* Other compliance factors such as whether the district provided timely and accurate (valid and reliable) data, timely correction of noncompliance and other special education compliance factors are also considered on a district-by-district basis in these determinations.


Districts At Risk

Identification of a district in this category provides a district with the opportunity to implement improvement activities to improve results for students with disabilities prior to designation by the Department.  A district was identified as “at risk” if its performance for students with disabilities met one or more of the following criteria.

NYS Criteria for Districts “At Risk,” 2010-11
Target Category District At Risk**
AYP for the subgroup of students with disabilities in Grades 3-8 ELA The school district did not make AYP based on 2008-09 assessment data for the subgroup of students with disabilities in Grades 3-8 ELA; except if based on the 2005 total cohort as of August 2009, the four-year graduation rate was at least 52% or based on the 2004 total cohort as of June 2009, the five-year graduation rate was at least 58%, the district was not identified as “At Risk”.
Dropout rate The school district had at least 20 students with disabilities in the 2005 total cohort as of August 2009 and had a dropout rate of 15% or higher.
**At Risk districts are those meeting the At Risk criteria but not also identified as a District in Need of Assistance or Intervention.

NYSED provides identified school districts with technical assistance to improve outcomes for students with disabilities and to assist school districts achieve their goals under IDEA and the No Child Left Behind Act (NCLB).  School districts will receive individual notifications from their Special Education Quality Assurance Regional Offices that will list the specific technical assistance or other actions the district will be required to take as a result of these determinations.

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