Improving Special Education Outcomes in New York State A Report to the Board of Regents March 11, 2019
To ensure that all children with disabilities have available to them a free appropriate public education Purposes of the Individuals with To assess, and ensure the Disabilities To ensure that the rights of effectiveness of, efforts to children with disabilities and Education Act educate children with their parents are protected disabilities (IDEA) To ensure educators and parents/guardians are provided the necessary tools for support and technical assistance 2
State Performance Plan (SPP) • Required for each State • Evaluates efforts to implement IDEA and describes how the State will make improvements • Includes baseline data, measurable and rigorous targets, To assess, and and improvement activities for the 17 indicators ensure the • Reported to the USDE and published for the public effectiveness Annual Performance Report (APR) of, efforts to educate • Annual report of the State’s performance in the SPP targets • Includes data, explanation of progress or slippage, and children with discussion of improvement activities • Reported to the USDE and published for the public disabilities Identifications of New York State and School Districts • The State and school districts may be identified as Meets Requirements, Needs Assistance, Needs Intervention, or Needs Substantial Intervention in implementing the requirements of IDEA. 3
Differentiated Monitoring and Support (DMS) is required for the following areas: Longstanding Noncompliance New York is identified Timely Initial Individual Evaluations under IDEA Timeliness of Due Process Hearings as a State in Need of Graduation Rate Assistance Dropout Rate Participation in State Assessments Based on data reported in the federal fiscal year (FFY) 2016 SPP/APR 4
New York State 2016-17 Performance in Meeting SPP Targets Indicator 12: Indicator 1: Early Childhood Indicator 7: Graduation Rates Transition Preschool Outcomes Indicator 13: Indicator 2: Indicator 8: Secondary Transition Drop Out Rates Parental Involvement Indicator 14: Indicator 9: Indicator 3: Post-School Outcomes Disproportionality in Assessments Special Education by Race/Ethnicity Indicator 15: Hearing Requests Indicator 4: Indicator 10: Resolved by Resolution Suspension/Expulsion Disproportionality in Sessions Classification/ Placement by Indicator 5: Indicator 16: Race/Ethnicity Least Restrictive Mediation Agreements Environment – School Age Indicator 11: Indicator 6: Indicator 17: Child Find Least Restrictive State Systemic Environment – Preschool Improvement Plan 5
New York State 2017-18 Preliminary* Performance in Meeting SPP Targets Indicator 12: Indicator 1: Early Childhood Indicator 7: Graduation Rates Transition Preschool Outcomes Indicator 13: Indicator 2: Indicator 8: Secondary Transition Drop Out Rates Parental Involvement Indicator 14: Indicator 3: Indicator 9: Post-School Outcomes Assessments Disproportionality in Special Education by Race/Ethnicity Indicator 15: Hearing Requests Indicator 4: Resolved by Resolution Indicator 10: Suspension/Expulsion Sessions Disproportionality in Classification/ Indicator 5: Placement by Indicator 16: Least Restrictive Race/Ethnicity Mediation Agreements Environment – School Age Indicator 11: Indicator 6: Indicator 17: Child Find Least Restrictive State Systemic Environment – Preschool Improvement Plan 6 *Data is within the federal Office of Special Education Program’s clarification period and not final until June 2019
Performance Disproportionality Outcomes New York State The Special Education target areas Target Areas align to the multiple measures of for Special success to advance equity through the Every Student Succeeds Act (ESSA) Education Transition Least Restrictive Planning and Environment Services 7
School Age Outcome Preschool Outcome Performance Outcomes Indicators Indicators Graduation and Drop-Out Rates Positive social-emotional skills NYSED Collaborative • • Participation and Proficiency in Acquisition and use of knowledge Approaches • • State assessments and skills to Comprehensive Post-school employment or Use of appropriate behaviors to • • Improvements enrollment in postsecondary school meet their need ESSA Strategies to Advance • Graduation Rate of General Education Students, Students with Equity Disabilities, ELLs/MLLs, and ELLs/MLLs Students with Disabilities Board of Regents Early • June 2013 Cohort vs. June 2014 Cohort Childhood Workgroup’s Blue Ribbon Committee recommendations to ensure 90.0% 85.1% 85.0% that all children in New York Grad Rate June 2013 Cohort Grad Rate June 2014 Cohort 80.0% State have an even start My Brother’s Keeper New York 70.0% • State initiatives to improve 60.0% 55.9% outcomes for boys and young 54.2% men of color 50.0% Office of Bilingual Education • 40.0% and World Languages and 29.0% 28.6% 26.6% Office of Special Education 30.0% 22.0% efforts to support students who 20.0% are English Language Learners/Multilingual Learners 10.0% and who also have an Individualized Education 0.0% General Education Students with ELLs/MLLs ELLs/MLLs Students Program (IEP). Disabilities with Disabilites 8 Source: NYS Office of Information Reporting (IRS) 2019
Address Equity and Access through Systemic Actions Identify the Root of the Problem • Lack of effective pre-referral instruction and intervention Disproportionality services? is the • Bias in the assessment process? disproportionate • Educator inexperience? representation of racial and ethnic School-wide Approaches and Pre-referral Interventions groups in special education. • Are there equitable opportunities for all students to receive supportive interventions that enable them to be successful in the general education environment? Evaluation and Monitoring • Are policies implemented in a consistent manner for all students and that students of different racial or ethnic groups are not treated differently in any schools of the district? 9
instruction and configuration of classrooms and activities include Least Restrictive both students with and without disabilities Environment (LRE) New York State ranks 44 th in students with disabilities are held to high expectations for the Nation for LRE achievement 58.5% of school-age students with disabilities are served special education and general education teachers intentionally plan inside a general education teaching lessons to promote the participation and progress of class 80% or more of the day students with disabilities in learning and social activities 43.6% of preschool students individualized accommodations, supports and specially-designed instruction are provided to students with disabilities to participate with disabilities attend, and and progress in regular education classes and activities receive the majority of their special education and related services in, an early evidence-based services and supports are used to foster the childhood program with cognitive, communication, physical, behavioral and social-emotional typically developing peers development of students with disabilities 10
Who Can Receive Pre-ETS? Pre-Employment Job exploration A student with a disability age 14 counseling Transition – 21 who is enrolled in a: Services (Pre-ETS) Secondary education • Work-based learning program; experiences Non-traditional or alternative 8% unemployment rate for • secondary education program, persons with disabilities in including home schooling; 2018 (more than twice the Counseling on rate of people without Other recognized educational • postsecondary options disabilities) programs, such as those offered through the juvenile justice system; or Workplace readiness 32% of working-age Postsecondary education training • people with disabilities program. were employed compared A student can be eligible or Instruction in self- to 72.7% of people without potentially eligible for VR services advocacy, which may disabilities to receive Pre-ETS include peer mentoring 11
Needs Needs Assistance Intervention Performance: based on Performance: based on the ESSA accountability the Every Student status determinations for Succeeds Act (ESSA) 2018-19 the performance of accountability status students with disabilities determinations for the New York State performance of students School District with disabilities Compliance: District has findings of noncompliance IDEA Annual that remain uncorrected for Compliance: District has more than 24 months Determinations findings of noncompliance that remain uncorrected (44 Districts) District has been identified between 12 and 24 months as a Needs Assistance or Needs Intervention district under IDEA for more than five consecutive years 27 Districts Needs Assistance 17 Districts Needs Intervention 12
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