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.  The Annual Performance Report (APR) is required to be submitted every year as a 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 third report, due February 1, 2009.  It references the SPP dated December 2005, as amended in June 2007.  It covers the academic year 2007-08, referenced in the report as “FFY 2007.”

As required under section 616 of IDEA, the State is making available a public report of each school district's performance on indicators one through fourteen of the indicators against the State's targets.  This report is found at http://eservices.nysed.gov/sepubrep/.  Data in the individual school district report will be updated annually, following the submission and acceptance of each year’s APR.

The three priority areas and their corresponding indicators are as follows:

Priority: Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE)

  1. Percent of youth with individualized education programs (IEPs) graduating from high school with a regular diploma.
  2. Percent of youth with IEPs dropping out of high school.
  3. Participation and performance of students with disabilities on statewide assessments:
    • Percent of districts meeting the State’s Adequate Yearly Progress (AYP) objectives for progress for disability subgroup.
    • Participation rate for students with IEPs in a regular assessment with no accommodations; regular assessment with accommodations; alternate assessment against grade level standards; alternate assessment against alternate achievement standards.
    • Proficiency rate for students with IEPs against grade level standards and alternate achievement standards.
  4. Rates of suspension and expulsion:
    • Percent of districts identified by the State as having a significant discrepancy in the rate of suspensions and expulsions of children with disabilities for greater than 10 days in a school year.
  5. Percent of students with IEPs ages 6 through 21:
    • Removed from regular class less than 21 percent of the day;
    • Removed from regular class greater than 60 percent of the day; or
    • Served in either public/private separate schools, residential placements or in homebound or hospital placements.
  6. 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).
  7. Percent of preschool children with IEPs who demonstrate improved:
    • positive social-emotional skills (including social relationships);
    • acquisition and use of knowledge and skills (including early language/ communication and early literacy); and
    • use of appropriate behaviors to meet their needs.
  8. 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 specific disability categories that is the result of inappropriate identification.

Priority:  Effective General Supervision Part B

Child Find and Effective Transitions (district-level indicators)

  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 (preschool special education), 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 post-secondary school, or both, within one year of leaving high school.

General Supervision (state-level indicators)

  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 (or 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 February 2009 Annual Performance Report Development

The process for developing New York State’s (NYS) Part B SPP can be found at https://www.p12.nysed.gov/specialed/spp/partb1106.html.  The APR was developed by a workgroup formed in 2005 from among managers and staff of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID).  This group includes representatives from the Special Education Offices of Policy, Quality Assurance, Program Development and Data Collection and Reporting, and serves as the Cabinet to guide the development of the SPP and APR.  Regular monthly meetings are held of this group to continuously address issues relating to the State's SPP and APR and the development of the APR.

Stakeholder input from the Commissioner’s Advisory Panel (CAP) for Special Education Services, which is comprised of educators, parents, administrators and individuals with disabilities, was sought regarding creation of the SPP in baseline measures, targets and improvement strategies.  CAP is kept continuously apprised regarding progress and issues reflected in the SPP in order to obtain their insights and input in determining implementation strategies and need for revisions. At the January 2009 meeting, data results from this year's APR were presented and recommendations for revisions to improvement activities were discussed.

The development of the APR is an ongoing process throughout the year.  Annually, the results of the APR are shared with VESID's technical assistance centers (including, but not limited to Early Childhood Direction Centers (ECDCs), Special Education Parent Centers, Transition Coordination Sites (TCSs), Special Education Training and Resource Center (SETRC) professional development specialists, and the Technical Assistance Center on Disproportionality (TAC-D)).  The technical assistance providers discuss the results to further inform their work and provide recommendations to the State for revisions to its improvement activities to improve results. Results and improvement activities are discussed with the New York State Board of Regents annually.  The State's Special Education Quality Assurance (SEQA) Regional Offices consider APR results in their work with individual school districts and approved private schools. The APR is also considered by the Special Education Policy and Program Development Support Services Units to make recommendations for targeted changes in State policy and improvement activities to promote improved results.

The SPP and APR are posted on SED’s website at http://www.acces.nysed.gov/vr/ specialed/spp/home.html, along with additional guidance information that explains the criteria for monitoring indicators.  Announcements of the availability of these and related documents are provided through the list serve and through memoranda to school district administrators, school boards, parent organizations and others interested in the education of students with disabilities.  Press announcements are released to newspapers regarding the availability of information, as new information is added.  Questions regarding the SPP and APR may be directed to the New York State Education Department, VESID, Special Education Services at 518-473-2878. For more information on the federal requirements see: www.ed.gov/policy/speced/guid/idea/ bapr/index.html.