Special Education

Annual Performance Report for 2009-10

New York State Education Department
Office of P-12 Special Education

Annual Performance Report for 2009-10

Based on the IDEA Part B State Performance Plan 2005-2010

February 2011

Table of Contents

Overview of Development of the Annual Performance Report
Indicator 1: Graduation Rates
Indicator 2: Dropout Rates
Indicator 3: Assessment
Indicator 4: Suspension/Expulsion
Indicator 5: Least Restrictive Environment – School age
Indicator 6: Least Restrictive Environment – Preschool
Indicator 7: Preschool Outcomes
Indicator 8: Parental Involvement
Indicator 9: Disproportionality in Special Education by Race/Ethnicity
Indicator 10:Disproportionality in Identification by Specific Disability by Race/Ethnicity
Indicator 11: Child Find (Timely Completion of Initial Evaluations)
Indicator 12: Early Childhood Transition
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


State Performance Plan Indicator 4B - Disproportionality by Race/Ethnicity in Suspension/Expulsion

State Performance Plan Indicator 13 - Secondary Transition

State Performance Plan Indicator 14 - Post-school Outcomes


Public Law 108-446, the Individuals with Disabilities Education Act (IDEA) 2004, required the New York State Education Department (NYSED) 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. 

As required under section 616 of IDEA, the State is making available a public report of each school district's performance on indicators 1 through 14 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 the disability subgroup.
    • Participation rate for students with IEPs.
    • Proficiency rate for students with IEPs against grade level, modified 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; and
    • 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, and policies, procedures or practices that contribute to the significant discrepancy and do not comply with requirements relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards.
  5. Percent of students with IEPs ages 6 through 21:
    • Inside the regular class 80% or more of the day;
    • Inside the regular class less than 40% of the day; and
    • In separate schools, residential facilities or homebound/hospital placements. 
  6. Percent of preschool children (aged 3 through 5) with IEPs attending a:
    • Regular early childhood program and receiving the majority of special education and related services in the regular early childhood program; and
    • Separate special education class, separate school or residential facility.
  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 appropriate measurable postsecondary goals that are annually updated and based upon an age appropriate transition assessment, transition services, including courses of study, that will reasonably enable the student to meet those postsecondary goals, and annual IEP goals related to the student’s transition services needs.  Evidence that the student was invited to the Committee on Special Education (CSE) meeting where transition services are to be discussed and evidence that, if appropriate, a representative of any participating agency was invited to the CSE meeting with the prior consent of the parent or student who has reached the age of majority.
  4. Percent of youth who are no longer in secondary school, had IEPs in effect at the time they left school, and within one year of leaving high school were:
    • Enrolled in higher education;
    • Enrolled in higher education or competitively employed; or
    • Enrolled in higher education or in some other postsecondary education or training program; or competitively employed or in some other employment.

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 or because the parent (or individual or organization) and the public agency agree to extend the time to engage in mediation or other alternative means of dispute resolution.
  3. Percent of 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, or in the case of an expedited hearing, within the required timelines.
  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 State Performance Plan (SPP) and Annual Performance Report (APR) are timely and accurate.


Overview of February 2011 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 from among managers and staff of the Office of Special Education, which 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.  This group holds regularly scheduled monthly meetings to continuously address issues relating to the State's SPP development of the APR.

Stakeholder input from the Commissioner’s Advisory Panel (CAP) for Special Education Services is sought throughout the year, as appropriate, on targets and improvement activities.  At the October 2010 CAP meeting, data results from this year's APR were presented and new baselines, proposed targets 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 NYSED’s technical assistance centers (including, but not limited to: Early Childhood Direction Centers (ECDCs); Special Education Parent Centers; Regional Special Education Technical Assistance Support Centers (RSE-TASC); RSE-TASC personnel with specialist expertise, including the Transition Specialists, Special Education School Improvement Specialists, regional Special Education Trainers, Behavior Specialists, Bilingual Special Education 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 and 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 NYSED’s website at https://www.p12.nysed.gov/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 NYSED, Office of Special Education at 518-473-2878.  For more information on the federal requirements see www.ed.gov/policy/speced/guid/idea/bapr/index.html.

The State’s report to the public on the performance of each local educational agency (LEA) in the State against the State’s targets in the SPP can be found at http://eservices.nysed.gov/sepubrep/.  This report is updated annually not later than 120 days following the State’s submission of its APR to USED. 


Regents of The University

Merryl H. Tisch, Chancellor, B.A., M.A., Ed.D. - New York
Milton L. Cofield, Vice Chancellor, B.S., M.B.A., Ph.D. - Rochester
Robert M. Bennett, Chancellor Emeritus, B.A., M.S.- Tonawanda
James C. Dawson, A.A., B.A., M.S., Ph.D. - Plattsburgh
Anthony S. Bottar, B.A., J.D. - Syracuse
Geraldine D. Chapey, B.A., M.A., Ed.D.- Belle Harbor
Harry Phillips, 3rd, B.A., M.S.F.S. - Hartsdale
James R. Tallon, Jr., B.A., M.A. - New York
Roger B. Tilles, B.A., J.D. - Woodbury
Karen Brooks Hopkins, B.A., M.F.A. - Brooklyn
Charles R. Bendit, B.A. - New York
Betty A. Rosa, B.A., M.S. in Ed., M.S. in Ed, M.Ed., Ed.D.- Bronx
Lester W. Young, JR., B.S., M.S., Ed.D. - Brooklyn
Christine D. Cea, B.A., M.A., Ph.D.- Staten Island
Wade S. Norwood, B.A. - Rochester

Commissioner of Education
President of the University of the State of New York

David M. Steiner

Senior Deputy, Office of P-12 Education
John B. King, Jr.

Associate Commissioner
Office of Special Education
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.


Last Updated: February 10, 2011