Vocational and Educational Services for Individuals with Disabilities (VESID)
Special Education and Vocational Rehabilitation Services





New York State Education Department


 Annual Performance Report for




IDEA Part B State Performance Plan




Office Of Vocational And Educational Services For Individuals With Disabilities


February 2007

(Revised June 2007)


PDF PDF Document (721KB)




Regents of The University


Robert M. Bennett, Chancellor, B.A., M.S. Tonawanda
Adelaide L. Sanford, Vice Chancellor, B.A., M.A., P.D.   Hollis
Saul B. Cohen, B.A., M.A., Ph.D New Rochelle
James C. Dawson, A.A., B.A., M.S., Ph.D. Peru
Anthony S. Bottar, B.A., J.D.   North Syracuse
Merryl H. Tisch, B.A., M.A., Ed.D. New York
Geraldine D. Chapey, B.A., M.A., Ed.D. Belle Harbor
Arnold B. Gardner, B.A., LL.B.  Buffalo
Harry Phillips, 3rd, B.A., M.S.F.S. Hartsdale
Joseph E. Bowman, Jr., B.A., M.L.S., M.A., M.Ed., Ed.D Albany
Lorraine A. CortÉs-VÁzquez, B.A., M.P.A Bronx
James R. Tallon, Jr., B.A., M.A.  Binghamton
Milton L. Cofield,  B.S., M.B.A., Ph.D. Rochester
John Brademas, B.A., Ph.D. New York
Roger B. Tilles, B.A., J.D. Great Neck


President of The University and Commissioner of Education
Richard P. Mills

Deputy Commissioner
Office of Vocational and Educational Services for Individuals with Disabilities

Rebecca H. Cort

Statewide Coordinator for Special Education
James P. DeLorenzo

The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in its educational programs, services and activities.  Portions of this publication can be made available in a variety of formats, including braille, large print or audio tape, upon request.  Inquiries concerning this policy of nondiscrimination should be directed to the Department’s Office for Diversity, Ethics, and Access, Room 530, Education Building, Albany, NY 12234.  


Overview of the State Performance Plan Development

Indicator 1: Graduation Rates (Revised June 2007)

Indicator 2: Drop-Out Rates (Revised June 2007)

Indicator 3: Assessment (Revised June 2007)

Indicator 4: Suspension/Expulsion

Indicator 5: Least Restrictive Environment – School Age

Indicator 6: Least Restrictive Environment – Preschool (Revised June 2007)

Indicator 7: Preschool Outcomes

Indicator 8: Parental Involvement

Indicator 9: Disproportionality in Special Education by Race/Ethnicity

Indicator 10: Disproportionality in Classification/Placement by Race/Ethnicity

Indicator 11: Child Find

Indicator 12: Early Childhood Transition (Revised June 2007)

Indicator 13: Secondary Transition

Indicator 14: Post-School Outcomes

Indicator 15: Identification and Correction of Noncompliance

Indicator 16: Complaint Timelines

Indicator 17: Due Process Timelines

Indicator 18: Hearing Requests Resolved by Resolution Session

Indicator 19: Mediation Agreements

Indicator 20: State Reported Data


1: Report on the Participation and Performance of Students with Disabilities (Revised June 2007)

2: Report of Dispute Resolution



Public Law 108-446, the Individuals with Disabilities Education Act (IDEA) 2004, required the State Education Department (SED) to develop and submit a six year State Performance Plan (SPP) to the Office of Special Education Programs (OSEP) at the U.S. Education Department (USED), spanning the years 2005-2010. OSEP identified three monitoring priorities and 20 indicators relating to the priority areas that must be tracked and reported.  Annually the Annual Performance Report (APR) is required to be submitted as its report to the Secretary of Education and to the public on the State’s performance under the SPP, describing overall progress and slippage in meeting the targets found in the SPP.  This APR is the first such report, due February 1, 2007.  It references the SPP dated November 2005, as amended in January 2007.


A separate report will be issued in April 2007, describing the performance of each local school district located in the State as measured against the targets described in the SPP.

The three priority areas and their corresponding indicators are as follows:
Priority: Free Appropriate Public Education in the Least Restrictive Environmen
  1. Percent of youth with individualized education programs (IEPs) graduating from high school with a regular diploma compared to percent of all youth in the State graduating with a regular diploma.
  2. Percent of youth with IEPs dropping out of high school compared to the percent of all youth in the State dropping out of high school.
  3. Participation and performance of children with disabilities on statewide assessments:
  1. Rates of suspension and expulsion:
  1. Percent of children with IEPs ages 6 through 21:
  1. Percent of preschool children with IEPs who receive special education and related services in settings with typically developing peers (e.g., early childhood settings, home, and part-time early childhood/part-time early childhood special education settings).

  1. Percent of preschool children with IEPs who demonstrate improved:
  1. Percent of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for children with disabilities.


Priority:  Disproportionality
  1. Percent of districts identified with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification. 
  2. Percent of districts with disproportionate representation of racial and ethnic groups in:

Priority:  Effective General Supervision Part B

Child Find and Effective Transitions

  1. Percent of children with parental consent to evaluate, who were evaluated within State required timelines. 

  2. Percent of children referred by Part C (Early Intervention Services) prior to age three (3), who are found eligible for Part B, and who have an IEP developed and implemented by their third birthdays. 

  3. Percent of youth aged 15 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals.

  4. Percent of youth who had IEPs, are no longer in secondary school and who have been competitively employed, enrolled in some type of postsecondary school, or both, within one year of leaving high school.

General Supervision

  1. General supervision system (including monitoring, complaints, hearings, etc.) identifies and corrects noncompliance as soon as possible but in no case later than one year from identification. 

  2. Percent of signed written complaints with reports issued that were resolved within 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint. 

  3. Percent of fully adjudicated due process hearing requests that were fully adjudicated within the 45-day timeline for school age students and 30-day timeline for preschool students or a timeline that is properly extended by the hearing officer at the request of either party. 

  4. Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements. 

  5. Percent of mediations held that resulted in mediation agreements.

  6. State reported data (618) and SPP and APR are timely and accurate. 


Overview of Annual Performance Report Development


The development of New York State’s (NYS) Part B SPP can be found at https://www.p12.nysed.gov/specialed/spp/partb1106.html. The APR for 2005-06 was developed as follows:


NYS’ Office of Vocational and Educational Services for Individuals with Disabilities (VESID) formed a workgroup in 2005. This group includes representatives from the Offices of Policy, Quality Assurance, Program Development and Data Collection and Reporting. This group served as the Cabinet to guide the development of the SPP and APR.


Meetings were held with various constituent groups throughout the year to review the State’s progress in measuring and developing strategies to improve results in each of the indicator areas.  These groups most notably included:

In November 2006, SED issued its educational reform plan “P-16: A Plan for Action”, which includes specific actions to improve academic outcomes for children with disabilities be setting performance targets, promoting effective practices and holding schools accountable for dramatic improvements. These actions were developed in consideration of the SPP and APR. 


Several information sessions were held in various regions of the State and memorandums were issued to the field to inform school personnel, families and others of the activities of the SPP and the plan to report the State’s annual progress toward meeting its targets through the APR and the public reports of each school district. 


Stakeholder input from the Commissioner’s Advisory Panel (CAP) for Special Education Services was sought on revisions to the SPP in baseline measures, targets and improvement strategies.  In January 2007, prior to submission of the APR, staff met with CAP to share the State’s baseline and performance data for all indicators and to obtain their input on improvement strategies. CAP has three subcommittees that will be addressing the State’s improvement strategies in the areas of preschool, transition and professional development.


The SPP and the APR are posted on the Department’s website: https://www.p12.nysed.gov/specialed/spp/home.html


An announcement of the availability of these documents will be provided through the list serve and through a memorandum to school districts, parent organizations and others interested in the education of students with disabilities.  A press announcement will be released to newspapers regarding their availability.


Questions regarding the SPP and the APR may be directed to the New York State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities (VESID), Special Education Services at 518-473-2878.  You may refer to www.ed.gov/policy/speced/guid/idea/bapr/index.html for more information on these federal requirements.