1. Presentation by Rebecca H. Cort, Deputy Commissioner Office of Vocational and Educational Services for Individuals with Disabilities Statewide Briefing, October 2009 The State of Special Education October 2009

2. 2 Results Performance Indicators –Graduation rates –Drop out rates –Participation & performance on State Assessments –High suspension rates –Placements in least restrictive environment –Preschool outcomes –Parental involvement –Post school outcomes Compliance Indicators –Timely evaluations –Timely services –Transition planning –Disproportionality by race/ethnicity due to inappropriate policies and procedures

3. Academic Outcomes and Students with Disabilities

4. 4 Trend in Percent of Students with Disabilities Graduating with Regents or Local Diploma After 4 Years as of June  2004 cohort results of 41.3% exceeded the IDEA target of 38%  Future targets are more rigorous: 2008-09 target is 44% 2009-10 target will be 49% 2010-11 target will be 52% NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #1 (This slide presents data available when each APR was prepared. Later changes made by SED to 2001 and 2002 total cohort data are not reflected here.)

5. 5  Average and Low Need districts exceeded the 38% target set for the 2007-08 school year.  High Need districts are improving but did not meet the target  Wide variations in outcomes across school districts NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #1 (This slide presents data available when each APR was prepared. Later changes made by SED to 2001 and 2002 total cohort data are not reflected here.) Trends in Percent of Students with Disabilities Graduating with Regents or Local Diploma After 4 Years as of June By Need Resource Capacity of School Districts

6. 6 2004 Total Cohort Status after Four Years as of June (n=31,252 students with disabilities) *AHSEP = Alternative High School Equivalency Preparation program

7. 7 More students with disabilities graduate after 5 years. Percent of Students with Disabilities Graduating with Regents or Local Diploma After 4, 5 and 6 Years - Through June

8. 8 2004 Total Cohort 10,112 1,6122,633 2,408 10,2214,102 2004 Total Cohort after Four Years as of June: Graduation, IEP Diploma and Dropout Rates NYSED, VESID APR February 2009, Indicators #1 & 2)  There are wide variations across school districts in the ways that students with disabilities leave school.  Different types of exit have post school consequences for young adults with disabilities.

9. 9 Percentage of Students with Disabilities Dropping Out after Four Years as of June NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #2  2007-08 Statewide results of 16% exceeded the target that no more than 19% would drop out.

10. 10  All Need Resource Categories show significant improvement, but not all met the 2007-08 target to reduce to 19% or below, particularly in the Large 4 Cities.  Future targets will be more rigorous 2008-09 target is no more than 18% 2009-10 target will be no more than 16% 2010-11 target will be no more than 15% NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #2 Percentage of Students with Disabilities Dropping Out after Four Years as of June

11. Getting There from Here: Proficiency on State Assessments

12. 12 Participation Rate of Students with Disabilities Subgroup on State Assessments Target 95% NYS achieved the participation rate target for all grades and subjects except high school ELA in 2007-08. NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #3

13. 13 Percent of School Districts Making Adequate Yearly Progress For Students with Disabilities in All Required Subjects and Grades NYS exceeded the SPP AYP target in 2007-08. NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #3 Target 58%

14. Getting There from Here Grades 3-8 English Language Arts (ELA)

15. 15 Increasingly students with disabilities are demonstrating proficiency by scoring at Levels 3 & 4 on Grade 3-8 ELA assessments. Percent of Students with Disabilities at Levels 3-4 in ELA Number Tested 2006 2007 2008 2009 Grade 3 = 23,811 26,692 27,285 27,702 Grade 4 = 26,474 28,281 29,983 29,562 Grade 5 = 28,987 29,985 30,66131,410 Grade 6 = 28,883 29,055 31,195 31,021 Grade 7 = 29,237 29,842 31,180 31,840 Grade 8 = 29,119 29,514 31,017 31,312 Grades 3-8 =166,511173,369181,381182,847

16. 16 Proficiency is improving in every Need/Resource Capacity category of school districts on Grade 3-8 ELA assessments. But Gaps among school districts in these categories persist. Percent of Students with Disabilities at Levels 3-4 in Grades 3-8 ELA

17. 17 Fewer students with disabilities are demonstrating serious academic difficulties by scoring at Level 1 on the ELA examinations. Percent of Students with Disabilities at Level 1 in ELA

18. 18 Percentage of Students with Disabilities Scoring at Level 1 in Grades 3-8 ELA Fewer students with disabilities demonstrate serious academic difficulties in each of the Big Five Cities. But, more students in Big Five Cities score at Level 1 compared to rest of school districts.

19. 19 Proficiency continues to improve for students with disabilities in all racial/ethnic groups across Grades 3-8 ELA. Percent of Students with Disabilities at Levels 3-4 in ELA

20. 20 There were slight improvements in every grade on the Grade 3-8 ELA, but the performance of students with disabilities who are also English language learners (ELL) is very low Percent of ELL Students with Disabilities at Levels 3 and 4 in ELA Number Tested200620072008 2009 Grade 3 =1,5123,8163,4743,642 Grade 4 =1,8583,7833,6063,712 Grade 5 =2,4773,4513,2953,619 Grade 6 =2,2462,9352,8413,160 Grade 7 =2,1952,5342,3512,740 Grade 8 =2,1942,4331,9332,410 Grades 3-8 =12,48218,95217,50019,283

21. 21 Percentage of students with disabilities scoring at Level 3 and 4 in 2009 Grades 3-8 ELA The gap between students with disabilities who were and were not English language learners (ELL) occurs even in Low Need districts.

22. 22 Percent of General Education and Students with Disabilities at Levels 3-4 in 2009 Grades 3-8 ELA The gap between performance of students with disabilities and general education students at proficient levels in Grades 3-8 ELA is significant in all Need/Resource categories of school districts.

23. Getting There From Here: Grades 3-8 Math Proficiency

24. 24 Increasingly, students with disabilities are showing proficiency by scoring at levels 3 & 4 on the Grade 3-8 Mathematics assessment. Percent of students with disabilities scoring at levels 3 or 4

25. 25 Percent of Students with Disabilities at Levels 3 and 4 in Math Proficiency of students with disabilities in Grades 3-8 math improved in each of the Big Five Cities. But, fewer students in Big Five Cities demonstrate proficiency compared to rest of school districts.

26. 26 Students with Disabilities Scoring at Level 1 on 2009 Grades 3-8 Mathematics  There is a substantial decease in the percentage of students with disabilities scoring at Level 1 in all grades in Mathematics in each of the past three years.

27. High School English and Math Proficiencies

28. 28  More students passed in 2008 with a 65 than attempted this exam in 1997.  The number of students with disabilities tested has grown more than 5 times.  Of the students tested in 2008, more than 2/3 passed with a score of 55-100. 2008 Regents English Examination & Students with Disabilities Data represents Public Schools, Including Charter Schools

29. 29 *Note: Beginning 1999, students took either the Math A or Sequential Mathematics Course I. The Course 1 examination ended in 2002. Students with Disabilities taking Regents Examinations in Sequential Mathematics Course I or Math A  Since 1997, the number of students with disabilities tested has grown nearly 5 times.  In 2008, more than twice as many passed at 65 than attempted these examinations in 1997. School Report Card, 2007-08

30. Regents Diplomas Awarded to Students with Disabilities Since higher standards were adopted in 1996, more than 13 times as many students with disabilities are earning Regents diplomas.

31. 31  Large numbers of students with disabilities are tested on most RCT examinations.  From 2002 to 2008 the number of students tested in RCT for Reading increased by 76%; Writing by 66%; and Mathematics by 36%. Regents Competency Tests (RCTs) & Students with Disabilities Public Schools, Including Charter Schools

32. 32 Percent of Students with Disabilities Passing Regents Competency Tests (RCTs) Data represents Public Schools, including Charter Schools 3,968 7,187 3,723 11,159 5,861 4,737 10,030 4,950 6,146 8,163 5,839 6,137 6,308 6,404 8,083 6,309 7,212 7,519  The RCTs remain a tool for helping students with disabilities meet graduation requirements.  Lower percentages of students with disabilities pass the RCT in Mathematics compared to Reading and Writing. 5,967 6,456 7,152

33. 33 Suspensions of Students with Disabilities

34. 34 The number of school districts that suspend at least 2.7% of students with disabilities for more than 10 days is increasing.  111 additional districts in 2007-08 were so close to the cut point that they have been informed that they are at risk of future identification.

35. 35 APR February 2009, Indicator #4A Percent of Students with Disabilities Being Suspended More than 10 Days in a School Year By Need Resource Capacity of School Districts  Buffalo, Rochester and Syracuse have a combined rate of suspensions more than 3 times the Statewide rate.  Urban-Suburban High Need districts are increasing their rates of long term suspensions, not decreasing them.

36. Least Restrictive Environment

37. 37 5/98 1996-97 Public and Private Special Education Placements at Separate Sites for Each BOCES Region and New York City 2 Regions - Less than 2% at Separate Public Sites 9 Regions - 2-4.3% at Separate Public Sites 12 Regions - 4.4-7% at Separate Public Sites 16 Regions - Over 7% at Separate Public Sites National Average : 4.3 percent Separate Settings are defined as schools attended exclusively by students with disabilities; these settings include Chapter 853, Special Act, State Operated and State Supported schools, separate BOCES sites and New York City separate public schools.

38. 38 Only 2 of 38 regions (5%) placed 7% or more Students with Disabilities in Separate Sites in 2008-09 compared to 72% in 1996-97 7/8/08 Separate Settings are defined as schools attended exclusively by students with disabilities; these settings include Chapter 853, Special Act, State Operated and State Supported schools, separate BOCES sites and New York City separate public schools Students with Disabilities (Ages 4-21) in Separate Settings By BOCES Region and New York City Based on 2008-09 VR-5 Data Less than 2% (17) 2-4.3% (9) 4.4-6.9% (11) More than 6.9% (2) 26 of 38 regions (68%) placed 4.3% or fewer Students with Disabilities in Separate Sites in 2008-09 compared to only 28% in 1996-97 GSGS

39. 39 Placement of School-Age Students with Disabilities in the Least Restrictive Environment NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #5 All targets were met but compare NYS on the 2 nd & 3 rd categories with national data.

40. Preschool Outcomes

41. 41 Outcomes substantially increased their rate of growth were functioning within age expectations Positive Social Emotional Skills 85.6%55.2% Acquisition & Use of Knowledge and Skills (e.g., communication and early literacy) 86.6%54.3% Use of Appropriate Behaviors to Meet Needs 86.5%62.2% Preschool Special Education Program Outcome Measures percent of children entering below age expectations who, by the time of exit in 2007-08… NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #7

42. Disproportionality by Race / Ethnicity

43. 43 The special education classification rate is increasing *Methodology revised in 2002-03**2007-08 was the first year classification rates were based on counts of students with disabilities collected through the Student Information Repository System (SIRS)

44. 44 Classification rates vary by Need/Resource categories *Methodology revised in 2002-03 **2007-08 was the first year classification rates were based on counts of students with disabilities collected through the Student Information Repository System (SIRS)

45. 45 The special education classification rate is climbing for racial/ethnic groups, and highest for Black and American Indian students.

46. 46 Disproportionate Representation by Race/ Ethnicity, 2008-09 Scope of Disproportionality Within Districts Numbers of School Districts Identified by their Data as Having Disproportionate Representation by Race/Ethnicity or being At Risk on Key Indicators

47. 47 Disproportionate Representation by Race/ Ethnicity, 2008-09: Duration of Disproportionality for Districts Numbers of School Districts Identified by their Data as Having Disproportionate Representation by Race/Ethnicity or being At Risk on Key Indicators

48. 48 2007-08 Statewide Data –Identification – 17 districts + 5 at risk 13 Black students, 3 Hispanic, 1 American Indian –Classification – 18 districts 14 for Black students – 8 – ED, 2 MR, 2 OHI, 2 LD 3 for Hispanic students – 2 SLI, 1 MR 1 for American Indian - LD –Placement – 5 districts + 4 at risk 4 for placement of Black students in separate settings 1 for placement of Black students for less than 40% in regular classes –Suspension – 21 districts + 10 at risk 20 for suspension of Black students 1 for American Indian students

49. Initial Evaluations – Preschool and School Age Early Intervention to Preschool Services by the 3 rd birthday

50. 50 Timely Evaluations of Children Referred for Special Education (target is 100%) NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #11 Percent of timely evaluations conducted for children referred

51. 51 Early Childhood Transitions into Preschool Special Education (target is 100%) NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #12 Percent of Children Found Eligible Whose IEP is Implemented by Their 3rd Birthday

52. School to Post School Transition Planning

53. 53 Secondary Transition – Percent of Youth with IEPs Determined Reasonable to Meet Post Secondary Goals (target is 100%) NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #13 Percent of Youth Whose IEPs are in Compliance with all 8 Regulatory Requirements

54. 54 Trends in Compliance on Specific Requirements Related to Appropriate Content in IEPs of Youth in Transition (Compliance is expected to be 100% for every student with a disability) Source 2009 APR Data, Indicator #13; TCS Meeting, 2/24/09, DVJ

55. 55 Post-High School Outcomes for Young Adults with Disabilities

56. 56 2007-08 Post-School Outcomes of Students with Disabilities at Any Point within 1 Year of Leaving High School in 2006-07 (outcomes exclude Military Service) Note: Exit subcategory of “Other” is too small to chart NYSED, VESID APR Feb 2009 data as of 1/23/09, Indicator #14

57. 57 Post-School Transition Status of Students with Disabilities 9-14 Months After Leaving High School in June 2007 Connected to Post- School Outcomes Stayed Connected APR February 2009, Indicator #14 Interview Data

58. 58 The number of self-identified individuals with disabilities in New York State’s higher education programs is increasing. 2.8% 3.0% 3.3% Number of and Percent of Individuals with Disabilities among the Total Enrollment in NYS Institutions of Higher Education* *Data for 1998 are not available Source: OHE 3.4% 3.5% 3.4% 3.6%

59. 59 Class of 2001 at 5 Years Post-High School: Post-Secondary Status for Regents & Local Diploma Recipients NYSED VESID BOR, 11/17/08, DVJ LPSI, Class of 2001, 5 years out 2008, DVJ

60. 60 Class of 2001 at 5 Years Post-High School: Employment Status by Diploma IEP diploma recipients are not engaged in the competitive labor market to the same degree as their peers. NYSED VESID BOR, 11/17/08, DVJ LPSI, Class of 2001, 5 years out 2008, DVJ

61. 61 Class of 2001 at 5 Years Beyond HS: Level of Employment in the Labor Market NYSED VESID BOR, 11/17/08, DVJ LPSI, Class of 2001, 5 years out 2008, DVJ

62. 62 Implications of the Data Early supports and services Appropriate referrals Engaging instructional programs Behavioral supports IEP development Transition planning and services Post secondary supports Parental Involvement Keeping students in school beyond 4 years Drop out prevention

63. 63 Federal and State Policy Issues

64. 64 NCLB Reauthorization Alignment of accountability requirements Response to Intervention Positive Behavioral Supports and Interventions Modified assessment 5 year graduation rate

65. 65 State Policy Issues Safety Net IEP Diploma Targets for graduation Students with Disabilities Teacher Certification

66. 66 Leading the way…. The future is what you cause it to be.