Part B State Performance Plan (SPP) for 2005-2010

Overview of the State Performance Plan Development

See Overview of the State Performance Plan Development preceding Indicator #1.  In addition, NYS consulted with the NYCDOE to identify NYC specific issues and needed improvement activities.

 

Monitoring Priority:  Effective General Supervision Part B / Effective Transition


Indicator 12:  Percent of children referred by Part C prior to age 3, who are found eligible for Part B, and who have an IEP developed and implemented by their third birthdays.

(20 U.S.C. 1416(a)(3)(B))

 

Measurement:

a.     # of children who have been served in Part C and referred to Part B for eligibility determination.

b.     # of those referred determined to be NOT eligible and whose eligibilities were determined prior to their third birthdays.

c.     # of those found eligible who have an IEP developed and implemented by their third birthdays.

Account for children included in a but not included in b or c.  Indicate the range of days beyond the third birthday when eligibility was determined and reasons for the delays.

Percent = c divided by a – b times 100.

 

Overview of Issue/Description of System or Process

 

The Department of Health (DOH) under the Early Intervention Program (Part C) provides services to children with disabilities, birth to two.  SED has responsibility for providing services to preschool children with disabilities, ages three to five (Part B).

 

SED and DOH have a Memorandum of Understanding (MOU) that focuses on activities that will result in a smooth transition from Part C to Part B services for children beginning at age three.  Early Intervention Officials (EIO) have responsibility under Public Health Law for notifying school districts (with parental consent) of an Early Intervention (EI) child’s potential eligibility for services under preschool special education and for arranging a transition conference at least 120 days before the child is first eligible for preschool programs and services. A parent may also refer the child directly to the CPSE. The transition conference is scheduled at least 90 days before the child is first eligible for preschool programs and services, and is attended by the EIO, the service coordinator, the parent(s) and the chairperson of the CPSE. The purpose of the transition conference is to decide whether the child should be referred to preschool special education for determination of eligibility, to review program options available to the child and family, and to develop a transition plan. This process ensures continuity of services for the child. The timely referral and evaluation of children to preschool special education and the provision of a free appropriate public education (FAPE) in the LRE by school districts are reviewed under the SEQA preschool focused monitoring review process.

The evaluation and eligibility determination of a preschool student must be made within 30 school days of receipt of the parent's consent to evaluation.   The CPSE provides the parent with a list of approved programs that have a multidisciplinary evaluation component.  The parent selects the approved evaluation program to conduct the individual evaluation of his or her child and the board of education arranges for the evaluation by the service provider selected by the parent. In addition, with the consent of the parents, approved evaluators and CPSEs must be provided with the most recent evaluation report for a child in transition from programs and services provided pursuant to title two-a of article 25 of the Public Health Law.

Upon receipt of the recommendation of the CPSE, the board of education must arrange for the preschool student with a disability to receive such programs and services commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than 30 school days prior to, or after, the appropriate starting date selected for such preschool student, in which case, the IEP must be implemented no later than 30 school days from the recommendation of the CPSE.

Baseline Data for FFY 2004 (2004-2005)
 

SED does not currently collect data using the same specific measurement required by OSEP for the SPP.  SED will report baseline data in the APR due to USDOE on February 1, 2007. 

Plan to collect the data

SED has revised its PD data collection forms to collect data from a representative sample of school districts during the 2005-06 school year (July 1, 2005 to June 30, 2006) on the percent of children referred by Early Intervention (IDEA, Part C) prior to age three, who are found eligible for preschool programs and/or services under IDEA, Part B, and who have an IEP developed and implemented by their third birthdays.  NYS will use these data to identify noncompliance and establish corrective actions for those school districts in which the data indicates less than 100% of children referred by Part C prior to age 3, who are found eligible for Part B, have an IEP developed and implemented by their third birthdays.

To collect baseline data on the transition of children from early intervention (Part C of IDEA) to preschool special education programs and/or services (Part B of IDEA), the PD form will direct the school districts to report the following information:

Sampling methodology

Sampling will be used to establish the 2005-06 baseline for this indicator.  One-sixth of the school districts in NYS will be randomly selected.  This represents approximately 120 school districts each year.  The NYC School District will be included in the sample each year.  It is the only school district in the State with a total enrollment of 50,000 or more students.

NYS has distributed all school districts among six statewide representative samples. These six groups of school districts were tested with Analysis of Variance (ANOVA) and there was no statistical difference among the six groups of school districts on the population variables described in Attachment 2.  All school districts will have a choice of reporting data on all eligible students for this indicator or they may submit data on a randomly selected sample of minimum number of students using the sampling guidelines provided below. 

Federal Indicator Number

Eligible Population of Students From Which a Random Sample Must be Selected

Minimum Number of Students in the Sample

Method for Selecting Students

Required Documentation

12

All children who are referred for special education services under Part C to Part B prior to age 3 during the school year (July 1-June 30).

Use a sampling calculator.  Require 95% confidence interval and plus or minus 2% margin of error.

Random selection using a random number table.

Documentation period is seven years.  Maintain list of all eligible students, copy of Random Number Table used, beginning random number for selecting students and list of all students who were selected and their number.

 

Measurable and rigorous targets

FFY

Measurable and Rigorous Target

2005
(2005-06)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays

2006
(2006-07)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays

2007
(2007-08)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays

2008
(2008-09)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays

2009
(2009-10)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays

2010
(2010-11)

100% of children referred by Part C prior to age 3, who are found eligible for Part B, will have an IEP developed and implemented by their third birthdays.


Improvement Activities/Timelines/Resources
 

Activity

Timeline

Resources

Annually review and update the MOU between DOH and SED that focuses on activities that will result in a smooth transition from Part C to Part B services for children beginning at age three, including monitoring programs that are approved by DOH and NYSED to serve both EI and preschool children with disabilities. 

2005-11

SED professional staff

 

Conduct joint training, technical assistance and monitoring on requirements for the timely transition of children with disabilities from EI to preschool special education. 

Develop a video/training program on transition from EI to preschool special education.

Provide training to EI and preschool staff and administrators. 

2005-07

DOH and SED staff

DOH and SED guidance document: Transition of Children at Age Three from the New York State Department of Health Early Intervention Program to the State Education Department Preschool Special Education Program or Other Early Childhood Services

Approve new program applications and requests for program expansions in regions where data indicates preschool students are not receiving services by their third birthdays where there is documented need for additional programs.

2005-11

VESID staff

Continue to authorize variances to class size maximums where appropriate to allow additional students to be temporarily admitted to a preschool program.

2005-11

VESID staff

Address shortages of qualified personnel to provide evaluations and services to preschool students. 

Provide technical assistance to NYCDOE on the provision of interim alternate bilingual program and services for English language learners/limited English proficient preschool students with disabilities.

2005-08

See indicator #1

Conduct monitoring of approved preschool programs.

2005-11

SEQA

Require corrective action in those school districts in which data indicate noncompliance.

2005-11

SEQA