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.

 

Monitoring Priority:  FAPE in the LRE

 Indicator 4:  Rates of suspension and expulsion:

A. Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of children with disabilities for greater than 10 days in a school year; and

B. Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of greater than 10 days in a school year of children with disabilities by race and ethnicity.

 (20 U.S.C. 1416(a)(3)(A); 1412(a)(22))

 

Measurement:

A. Percent = # of districts identified by the State as having significant discrepancies in the rates of suspensions and expulsions of children with disabilities for greater than 10 days in a school year divided by # of districts in the State times 100. 

NYS collects data on the number of students with disabilities suspended or removed for more than 10 days in a school year on the PD-8 form. 

Section 618 data was used to analyze for discrepancy in the rates of suspensions of students with disabilities for greater than 10 days in a school year among LEAs.  A minimum number of 75 students with disabilities was used, since small numbers of students with disabilities may distort percentages.  A baseline statewide average of suspensions of greater than 10 days was calculated.  The rate or suspensions of greater than 10 days in a school year for each school district with the minimum 75 students with disabilities was compared to the baseline statewide average.  Percent ranges are based on multiples of the 2004-05 statewide average rate of 1.2 percent (rounded from 1.234 percent).

 Definition of significant discrepancy:

  • For the baseline year and through 2007-08, significant discrepancy is defined as a suspension rate of greater than four times the baseline statewide average (i.e., a rate of more than 4.9 percent). 

  • Beginning in 2008-09 through 2010-11, significant discrepancy is defined as a suspension rate of greater than two times the baseline statewide average, (i.e., a rate of more than 2.5 percent of all students with disabilities).

Overview of Issue/Description of System or Process

 

Section 3214 of NYS Education Law establishes the requirements for the suspension of all students.  Section 3214.6 establishes the requirements for the suspension of students with disabilities.  Information on the NYS requirements relating to suspensions may be accessed at:

http://www.p12.nysed.gov/specialed/publications/policy/discipcover.htm (The guidance document will be revised in 2006 to reflect the IDEA 2004 requirements).

 

Procedures that apply to all students:  If a student violates the school code of conduct and is being considered for a suspension or removal, school personnel must ensure the following due process protections are provided to the student and to the student’s parent(s).

In addition to the above requirements that apply to all students, the requirements, procedures and protections in federal law and regulations pertaining to students with disabilities are established section 3212 of the Education Law and Part 201 of the Commissioner’s Regulations.  These requirements may be found at: http://www.p12.nysed.gov/specialed/publications/lawsandregs/coverpage.htm 
 

4A Baseline Data for FFY 2004 (2004-2005)

Four and one-half (4.5) percent of all school districts in the State (31 school districts) had suspension rates greater than three times the baseline statewide average rate.  Seventeen (17) of these districts had suspension rates of more than 4.9 percent, which is more than four times the average.

Note:  The 2004-05 suspension data are not final as of the date of submission of the SPP since they have not gone through the Department’s verification process yet.  We will revise these data before July 1, 2006 and update the information provided in this indicator accordingly.

Discussion of 4A Baseline Data
 

Trend data in NYS shows that the number of students with disabilities suspended out-of-school for more than 10 days is growing at a much faster pace than all out-of-school suspensions. While the total population of students with disabilities increased by only 1.6 percent from 2002-03 to 2004-05, the number of all out-of-school suspensions for one day or more among students with disabilities increased by 4.5 percent from 33,681 to 35,192 and the number of out-of-school suspensions for more than 10 days increased by 48.3 percent from 3,346 to 4,962 during this period.

Of 684 school districts[2], 73.4 percent (n=502) had either no out-of-school suspensions of students with disabilities for more than 10 days or a rate less than 1.2 percent.  An additional 118 school districts had a suspension rate that was between 1.2 and 2.5 percent.  As the table below indicates, 64 school districts had rates of suspension of 10 days or more that were greater than 2.5 percent. 

# of districts

% of 684 total districts

% of students with disabilities suspended for greater than 10 days

Comparison to statewide baseline average

% of total 10-day suspensions

33

  4.8%

>2.5% 3.7%

Greater than 2 times

 8.4%

14

  2.0%

>3.7% 4.9%

Between 3 and 4 times

  7.5%

17

  2.5%

>4.9%

More than 4 times

19.6%

*Percent ranges are based on multiples of the statewide average, i.e., 1.234, which rounds to 1.2%.

 

Measurable and Rigorous Targets

 

FFY

Measurable and Rigorous Target

2005
(2005-06)

No more than 2 percent of school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 4 times the statewide baseline average.

2006
(2006-07)

0 percent of the school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 4 times the statewide baseline average.

2007
(2007-08)

No more than 2 percent of school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 3 times the statewide baseline average.

2008
(2008-09)

No more than 2 percent of school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 3 times the statewide baseline average.

2009
(2009-10)

No more than 2 percent of school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 2 times the statewide baseline average.

2010
(2010-11)

No more than 2 percent of school districts in the State will suspend students with disabilities for more than 10 days at a rate greater than 2 times the statewide baseline average.

 

Improvement Activities/Timelines/Resources

 

Activity

Timelines

Resources

Notify and provide the self-review protocol to all school districts in the State whose data on long-term suspensions exceeds 2.5 percent with a recommendation that these districts conduct a self-review of policies, procedures and practices.  These districts will be targeted for review by NYSED in the school year in which NYSED redefines “significant discrepancy.” 

February 2008

Annually

SED staff

“Suspension Review Monitoring Protocol”

Require each identified school district to submit a copy of its self-review document to SED.  If the self-review identifies inappropriate policies, procedures and/or practices, SED will direct the school district to submit evidence that it has revised its policies, procedures and/or practices as soon as possible, but not later than within one year.

If the self-review indicates no compliance issues, SED will conduct a verification review of the district’s policies, procedures and practices.

May 2006

Annually

 

 

 

May–October Annually

SED, SETRC, RSSC

Direct a school district to obtain technical assistance on its policies, procedures and practices relating to long-term suspensions if the data continues to indicate significant discrepancies after two years.

Annually

 

SED staff

Review of the districts’ suspension/expulsion data and discipline policies, procedures and practices in focused reviews, with analysis of the root causes for high rates of suspension.

Annually

SED staff

Update technical assistance documents to schools and parents to assist in their understanding of the requirements relating to the suspension of students with disabilities.

2006

Discipline of Students with Disabilities

Establish a Positive Behavior Interventions and Supports (PBIS) Statewide Technical Assistance Center to coordinate activities of PBIS. 

2006-08

PBIS

Increase school district access to community resources to assist with support for families and students.  Provide support to the Coordinated Children's Services Initiative (CCSI).

2006-11

CCSI

VESID central and regional staff

 

4B:  Percent of districts identified by the State as having a significant discrepancy in the rates of suspensions and expulsions of greater than 10 days in a school year of children with disabilities by race and ethnicity. 

Measurement:

Percent = # of districts identified by the State as having significant discrepancies in the rates of suspensions and expulsions for greater than 10 days in a school year of children with disabilities by race ethnicity divided by # of districts in the State times 100.

Definition of significant discrepancy:

NYS will compare the number of students suspended of each race/ethnicity category with the number suspended of all other race/ethnicity categories combined and compute relative risk ratios and weighted relative risk ratios to determine if there is disproportion in suspensions.  For notifications of school districts during the 2005-06 school year based on 2004-05 school year data, the State will use the following definition of “significant discrepancy” and in subsequent years may revise the definition by lowering the relative risk ratio, weighted relative risk ratio as well as the minimum numbers of suspensions:

  • Relative risk ratio and weighted relative risk ratio of 3.0 or higher;

  • At least 75 students with disabilities enrolled as of December 1;

  • At least 30 students of a particular race/ethnicity enrolled in the district (disabled and non-disabled) as of the first Wednesday in October;
  • At least 10 students with disabilities of race suspended; and
  • At least 20 students with disabilities of "other race/ethnicities" suspended in the comparison category of the relative risk ratio formula.

Data from the 2004-05 school year will be used to identify those districts with disproportionality in their rates of suspension by race/ethnicity.  VESID will require a review of selected policies, procedures and practices of each of these identified districts.  The percent of districts with inappropriate policies, procedures and practices, which led to the disproportionality by race/ethnicity, will be identified to establish the baseline. 

 

Overview of Issue/Description of System or Process

IDEA section 618(d) requires States to collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State with respect to the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.  In the case of a determination of significant disproportionality the State must:

Baseline Data for FFY 2004 (2004-2005)


The baseline data will be reported in the APR due on February 1, 2007.  

Plan to Collect the Baseline Data for 4B:

By February 2006, NYS will analyze data and send notifications to school districts whose data indicate "significant discrepancy" based on the above definition, providing them with a State developed "self-review monitoring protocol."  The notifications will also trigger a re‑direct of 15 percent of the school district's IDEA funds to support early intervening services.

By May 2006, these school districts will be required to submit their completed self‑review monitoring protocols of relevant school district policies, practices and procedures to the Department.  The district must include community representatives from diverse racial and ethnic backgrounds in the review of the policies, procedures and practices. 

Based on this self-review, if a school district determines that one or more of its policies, procedures and/or practices require revision, it must revise them and publicly post such revisions and provide corrective action documentation to the Department.

If a school district determines its policies, procedures and/or practices are appropriate and do not require revision, the Department will arrange for verification of this determination.

If the State determines that the school district's policies, procedures and practices are in compliance with federal and State requirements, the school district will not be required to complete another review of its policies, procedures or practices during the remaining period of the SPP. However, IDEA funds will continue to be redirected if data indicates discrepancy, based on the State’s definition.

School districts that are found to have inappropriate policies, procedures and/or practices through the self-reviews or Department verification reviews will be reported in the baseline data for the 2005-06 school year.

Targets and Improvement Activities/Timelines/Resources

Targets and improvement activities for Indicator 4B will be provided in the FFY 2006 APR due February 1, 2007.


[2] Does not include Special Act School Districts