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New Jersey Department of Education(1)

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New Jersey Department of Education(1)

    New Jersey Department of Education Office of Special Education Programs

    Part B Annual Performance Report #3

     (FFY 2007: July 1, 2007 June 30, 2008)

    Submitted to: The United States Department of Education

     Office of Special Education Programs

    Original Submission: February 2, 2009

    Submission with Clarification: April 7, 2009

APR Template Part B (4) New Jersey

     State

2/2/09

    Table of Contents

    Cover Page 1

    Table of Contents 2

     Overview of the Annual Performance Report 3 Indicator #1: Graduation Rates 8

    Indicator #2: Drop-out Rates 15

    Indicator #3: Assessment 22

    Indicator #4A: Suspension/Expulsion 37

    Indicator #4B: Suspension/Expulsion (Not Required) -- Indicator #5: School Age LRE 44

    Indicator #6: Preschool LRE 57

    Indicator #7: Preschool Outcomes (New Indicator) 58 Indicator #8: Parent Involvement 61 Indicator #9: Disproportionality Child with a Disability (New Indicator) 72 Indicator #10: Disproportionality Eligibility Category (New Indicator) 77 Indicator #11: Child Find 82 Indicator #12: Early Childhood Transition 88

    Indicator #13: Secondary Transition 94 Indicator #14: Post-Secondary Transition Outcomes (New Indicator) 99 Indicator #15: Identification and Correction of Noncompliance 105 Indicator #16: Complaint Timelines 116

    Indicator #17: Due Process Timelines 120

    Indicator #18: Hearing Requests Resolved by Resolution Sessions 124 Indicator #19: Mediation Agreements 127

    Indicator #20: State Reported Data 132

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APR Template Part B (4) New Jersey

     State

    Overview to State Performance Plan

    and

    Annual Performance Report Development

    FFY 2007

    How the State obtained “broad input” from stakeholders related to new indicators

    and revisions to the SPP and development of the APR

    Stakeholder Meetings

    Two meetings were conducted to obtain broad input from stakeholders related to new indicators (Indicator 7); revisions to the State Performance Plan and updates to the Annual Performance Report. The meetings were held on December 11, 2008 and January 23, 2009. Dr. Kristin Reedy, Director of the Northeast Regional Resource Center attended both sessions, providing an update of SPP/APR requirements, reviewing USDOE determinations of states, and facilitating the revision to targets for Indicator 8 Parent Involvement.

    At each meeting NJOSEP staff distributed a Progress Indicator Chart that listed each indicator for which data was available. The chart indicated whether NJOSEP met the target and reflected how much progress toward the target was achieved. A power point presentation was also distributed which provided additional information about the indicator and the progress/slippage for each indicator.

The agenda for the December 11, 2008 is provided below:

Welcome and Introductions

    Roberta Wohle, Director, NJOSEP

Review of NJOSEP Determination

    Roberta Wohle

Update of SPP/APR Requirements

    Kristin Reedy, Director, Northeast Regional Resource Center

Report of Progress toward SPP/APR Targets

Indicator 1 Graduation Rates, Indicator 2 Drop-out Rates

    Carol Kaufman, Manager, Bureau of Policy and Planning

Indicator 5 Least Restrictive Environment School Age

    Carol Kaufman

Indicator 13 Post Secondary Transition

    Peggy McDonald

    Robert Haugh, Transition Coordinator

Indicator 15 General Supervision

    Carol Kaufman

    Peggy McDonald

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    APR Template Part B (4) New Jersey

     State

Indicator 16 Complaint Timelines

    Carol Kaufman

Indicator 17 Due Process Timelines

    Carol Kaufman

    Indicator 18 Hearing Requests Resolved by Resolution Sessions Carol Kaufman

Indicator 19 Mediation Agreements

    Carol Kaufman

Indicator 20 State Reported Data

    Carol Kaufman

Lunch

Data Collection Updates

Indicators 3, 4, 6, 7, 8, 9, 10, 11, 12, 14

    NJOSEP Staff

Next Meeting Date - January 23, 2009

The following organizations/agencies were in attendance at the December 11, 2008 stakeholder meeting:

     New Jersey Coalition for Inclusive Education Statewide Parent Advocacy Network

     New Jersey Developmental Disabilities Council New Jersey Protection and Advocacy

     Boggs Center, University of Medicine and Dentistry New Jersey Association of Pupil Personnel Administrators New Jersey School Boards Association

     9 Members of the State Special Education Advisory Council (6 Parent Members)

    The agenda for the January 23, 2009 included the following:

Welcome and Introductions

    Roberta Wohle, Director, NJOSEP

    Continued Discussion of Progress toward SPP/APR Targets

Indicator 4A Suspension/Expulsion

    Carol Kaufman, Manager, Bureau of Policy and Planning Peggy McDonald, Manager, Bureau of Program Accountability

Indicator 7 Preschool Outcomes

    Roberta Wohle on behalf of Barbara Tkach, 619 Coordinator Preschool Special Educaiton

Indicator 8 Parent Involvement

    Peggy O’Reilly, Manager, Bureau of Program Development

Indicators 9 and 10 Disproportionality

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APR Template Part B (4) New Jersey

     State

Roberta Wohle

    Peggy McDonald

Indicator 12 Early Childhood Transition

    Carol Kaufman for Barbara Tkach

    Peggy McDonald

Indicator 14 Post Secondary Outcomes

    Peggy O’Reilly

    Bob Haugh, NJOSEP Transition Coordinator

    The following agencies/organizations attended the January 23, 2009 stakeholder meeting:

New Jersey Coalition for Inclusive Education

     Statewide Parent Advocacy Network (SPAN)

     New Jersey Developmental Disabilities Council

     New Jersey Protection and Advocacy

     Boggs Center, University of Medicine and Dentistry

     New Jersey Association of Pupil Personnel Administrators

     New Jersey School Boards Association

     New Jersey Principals and Supervisors Association

     8 Members of the State Special Education Advisory Council (6 Parent Members)

    Based on the level of performance for two consecutive years for Indicator # 8, Parent Involvement, NJOSEP staff requested that stakeholders consider resetting the targets for the remaining years. In keeping with the NJOSEP practice of setting SPP targets, NJOSEP temporarily left the meeting room while Kristin Reedy, NERRC, facilitated the discussion with the stakeholders, to determine if the targets should be reset. Once stakeholders agreed to reset the targets, Dr. Reedy further facilitated the establishment of these targets (see further discussion Indicator 8).

    Dissemination to the Public

    How and when the State will report annually to the public on ---

    The State’s Progress and/or Slippage in Meeting the

     “Measurable and Rigorous Targets found in the SPP”

    Consistent with the requirements established in the Individuals with Disabilities Education Act (IDEA 2004), NJOSEP made the FFY 2006 New Jersey‟s State Performance Plan/Annual Performance Plan available to the public as indicated below.

    The NJOSEP will use the same mechanisms to report annually to the public on the FFY 2007 SPP/APR regarding the State‟s progress and/or slippage in meeting the measurable and rigorous SPP Targets.

    Public Means, including posting on the Website of the State educational agency:

    The SPP and APR were posted on the New Jersey Department of Education‟s website immediately following the submission to USOSEP on February 1, 2008.

The SPP and APR will be posted on the New Jersey Department of Education‟s website immediately

    after the submission to USOSEP on February 2, 2009 at:

    http://www.nj.gov/education/specialed/info/spp/

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APR Template Part B (4) New Jersey

     State

    NJOSEP will again post the USOSEP response to the SPP/APR submission, that will include USOSEP‟s determination regarding the State‟s compliance with the requirements of Part B of the IDEA. This

    information will be posted on the NJDOE‟s website at:

http://www.nj.gov/education/specialed/ and

    http://www.nj.gov/education/specialed/info/spp/

Distribution to the Media: Upon submission to USOSEP, NJOSEP makes the SPP/APR available to

    the media through the NJDOE website and refers the press to the SPP/APR website when press inquires are relevant to the SPP indicators.

Distribution through public agencies: NJOSEP distributes a memo to school districts, agencies,

    organizations and individuals concerned with special education, in accordance with the NJDOE‟s mass mailing procedures. The memo provides information with regard to: the federal determination regarding the State‟s implementation of the IDEA; the requirement for State determinations of local districts; and the requirements for annual public reporting of local district performance. The memo includes the SPP/APR website and the website for the USDOE‟s determination letter.

    (see memo at: http://www.nj.gov/education/specialed/memos/)

    Dissemination to the Public

    Description of How and when the State will Report to the Public on --

    The Performance of Each Local Educational Agency

     Located in the State on the Targets in the SPP

Public Means, including posting on the Website of the State Educational Agency:

    NJOSEP posted the 2006-2007 local district profiles on November 13, 2008 and notified USOSEP of the posting (see http://www.nj.gov/education/specialed/info/spp/ for district profiles).

    NJOSEP will prepare a profile of each local education agency that details its performance regarding the SPP targets the for FFY 2007. The profile will be posted on the NJDOE website at: http://www.nj.gov/education/specialed/info/spp/ and http://www.nj.gov/education/specialed/

    As required by 300.602(b)(1)(i)(A), the State will report the annual performance of each LEA as soon as possible but no later than 120 days following the submission of the APR.

Distribution to the Media:

    The local district profiles will be made available to the Media, through the posting on the NJOSEP website at: http://www.nj.gov/education/specialed/info/spp/ and http://www.nj.gov/education/specialed/

Distribution through public agencies:

    NJOSEP will distribute a mailing to school districts, agencies, organizations and individuals concerned with special education, in accordance with the NJDOE‟s mass mailing procedures. The memo will announce the posting of the profiles of each local education agency on the NJOEP website.

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APR Template Part B (4) New Jersey

     State

    Required Technical Assistance

    As required by section 616(e)(7) and 34 CFR 300.606, NJSOEP notified the public that the Secretary of Education determined that the State was determined to need assistance for two consecutive years and that the Secretary has taken enforcement actions, by advising the State of available sources of technical assistance related to Indicator 11 (timely initial evaluations), Indicator 15 ( timely correction of noncompliance, Indicator 16 (complaint timelines), and Indicator 4A (suspension/expulsion). NJOSEP posted the USDOE determination letter on its website. Additionally, NJOSEP distributed a mailing to school districts, agencies, organizations and individuals concerned with special education, in accordance with the NJDOE‟s mass mailing procedures. See the following websites.

http://www.nj.gov/education/specialed/info/spp/usdoe_determination08.pdf

http://www.nj.gov/education/specialed/info/spp/

http://www.nj.gov/education/specialed/memos/

    The technical assistance sources from which the State received technical assistance and the actions the State took as a result of that technical assistance can be found in the Overview of the

    Annual Performance Report Development” for Indicators 4A, 11, 15 and 16.

    Revisions to the SPP

    Indicator 3 State Assessments AYP Annual Measurable

    Objectives

    Indicator 7 Preschool Outcomes Updated Data

    Indicator 8 Parent Involvement Change in State Targets

    Indicator 14 Secondary Transition Updated Improvement Activity

    Indicator 17 Due Process Timelines Updated Improvement Activities

    These revisions have been incorporated into the State Performance Plan which can be found on the NJDOE website at: http://www.nj.gov/education/specialed/info/spp/

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APR Template Part B (4) New Jersey

     State

    Indicator #1: Graduation Rates

    Part B State Annual Performance Report (APR) for FFY 2007

    Overview of the Annual Performance Report Development:

    NJOSEP staff reviewed graduation data for 2007-2008 at the stakeholder meeting conducted on December 11, 2008. Stakeholders were informed that New Jersey met the target for graduation rate for the FFY 2007. In addition, it was noted that the calculation of graduation rates for all students will be changing in accordance with the revised Title I regulations under No Child Left Behind. By the 2010-11 school year, states must use the new graduation formula. The NJOSEP will revise the calculation of the graduation rate for students with disabilities in accordance with the department‟s calculation for all students.

Monitoring Priority: Monitoring Priority: FAPE in the LRE

Measurement Information

    Indicator 1: Percent of youth with IEPs graduating from high school with a regular diploma compared to percent of all youth in the State graduating with a regular diploma. (20 U.S.C. 1416 (a)(3)(A))

    Note: As indicated in the Part B State Performance Plan (SPP) and Annual Performance Report (APR) Indicator Support Grid (10/15/08), issued by USOSEP, States are not required to report on the comparison to all youth in the State. (Section I-1, #2)

    Measurement: Measurement for youth with IEPs should be the same measurement as for all youth.

    Explanation of the calculation used for measurement

    State Level data was used to calculate the graduation rates.

    Data to determine the graduation rate for students in general education are collected by dividing the

    total number of students graduating by the total number of students plus the total number that

    dropped out (grades 9 through 12) within the four year cohort for the students.

    A similar methodology is used to determine the graduation rate for youth with IEPs. Data

    regarding the number of students with disabilities who graduate are collected by dividing the total

    number of students with disabilities ages 17 21 graduating by the total number of students with

    disabilities graduating plus the number of dropouts for the current year and the total number of

    students with disabilities who dropped out (ages 14 16) within the three year cohort for the

    students.

Overview/Description of Issue, Process, System Graduation Rates

    There is only one State-endorsed high school diploma in New Jersey for all students, including students with disabilities. In order to graduate with a State-endorsed diploma in New Jersey, students must satisfy several requirements. Students must participate in a course of study of not fewer than 110 credits in courses designed to meet all of New Jersey‟s Core Curriculum Content Standards. State regulations at N.J.A.C. 6A:8-5.1(a)1 delineate minimum required credit totals for language arts, mathematics, science,

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APR Template Part B (4) New Jersey

     State

    social studies, health and physical education, visual or performing arts, world languages, technological literacy and career education. Methods for meeting the minimum credit requirement are also set forth at N.J.A.C. 6A:8-5.1.

    Local attendance and other locally established requirements must also be met in order to receive a State-endorsed diploma, as well as all statutorily mandated graduation requirements. In addition, students must satisfy the statewide assessment requirements in order to receive a State-endorsed diploma.

    Description of conditions that youth with IEPs must meet to graduate with a regular diploma-if different from all youth

    State law requires that students with IEPs must meet all of the graduation requirements detailed above, unless exempted from a specific requirement through the IEP process. In such an instance, the student must satisfy graduation standards through alternate proficiencies as specified in his or her IEP.

    FFY Measurable and Rigorous Target

    2007 78% of students with IEPs will graduate with a regular diploma.

    (2007-2008)

Actual Target Data for FFY 2007:

    78.3% of students with IEPs graduated with a regular diploma. New Jersey exceeded the target for Indicator #1: Graduation for FY2007 by .3%.

Actual Numbers Used in the Calculation:

    13,910 total graduates/13,910 graduates + 2271 current year dropouts + 1587 three-year cohort dropouts x 100 = 78.3%

Report of Progress/Slippage

    Description of current data in relation to the SPP target/Description of the results of the calculations and comparison of the results to the SPP target:

    The data reveal that the statewide graduation rate improved by .3% from the data reported in FFY 2006. The graduation rate has improved by .3% from the data reported in FFY 2005, the baseline period.

Discussion of data and progress or slippage toward the targets:

    As indicated above, NJOSEP continues to make progress with regard to increasing graduation rates. Specifically, NJOSEP met its target of 78% of students with IEPs graduating with a regular diploma. As indicated in the APR FFY 2006, the relatively high graduation rate of students with disabilities is viewed as a factor contributing to the results of the Post School Outcome Study, reported in Indicator 14. The data from the post school study reveal, 79% of students with disabilities reported they were engaged in competitive employment, secondary school or both, within one year of leaving high school.

Discussion of Improvement Activities Completed and Explanation of Progress or Slippage that

    occurred for FFY 2007:

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    APR Template Part B (4) New Jersey

     State

    NOTE: Activities that occurred in 2007-2008 and are ongoing during the course of the SPP are

    represented by the symbol ***.

    The following activities are relevant to the indicators linked to transition, specifically Indicators 1, 2, 13, and 14.

    Policy/Regulation: NJOSEP has continued to require that transition services be addressed in students‟ Individualized Education Programs, beginning at age 14. Specifically, N.J.A.C. 6A: 14 requires that… Beginning with the IEP in place for the school year when the student will turn age 14,

    or younger if determined appropriate by the IEP team, and updated annually, the IEP must include:

a statement of the student‟s strengths, interests, and preferences;

     identification of a course of study and related strategies and/or activities that are consistent with

    the student‟s strengths, interests, and preferences and are intended to assist the student in

    developing or attaining postsecondary goals related to training, education, employment and, if

    appropriate, independent living;

     as appropriate, a description of the need for consultation from other agencies that provide

    services to individuals with disabilities including, but not limited to, the Division of Vocational

    Rehabilitation Services in the Department of Labor; and

     as appropriate, a statement of any needed interagency linkages and responsibilities.

     (Activity 2007-2008)***

Self-Assessment/Monitoring: Effective February 2007, NJOSEP realigned its self-assessment/

    monitoring system to be consistent with the SPP indicators. Districts are selected for monitoring based on federal monitoring priorities placement in the least restrictive environment and

    disproportionate representation of specific racial/ethnic groups in special education. The new system links compliance, data and programming by requiring districts to review compliance in areas related to SPP indicators and to examine their data compared to state targets. Following the review conducted through self-assessment, districts must identify activities to correct noncompliance and activities for continuous improvement toward state SPP targets. Districts are required to develop activities for continuous improvement in areas where their data do not meet state SPP targets.

     Monitoring activities in the areas of graduation rate, dropout rate and transition service needs are linked in the self-assessment. Each district identified for self-assessment reviews their graduation and dropout rates against the state annual SPP targets, completes a protocol to identify needs for continuous improvement in transition planning and reviews related compliance requirements. Districts that self-identify noncompliance are required to correct noncompliance within one year. If a district has identified noncompliance or their graduation and drop-out data do not meet state SPP targets, a verification visit is conducted approximately six months following identification of noncompliance to review related requirements and verify correction of any noncompliance identified during self- assessment. A review of implementation of activities for continuous improvement toward state SPP targets is also conducted. Improvement strategies related to transition have included, but are not limited to:

District level data collection and analyses for graduation and dropout rates;

     Implementation of assessments to assist students identify postschool outcomes;

     Program development to increase student engagement in learning and increase graduation rates

    including use of Structured Learning Experiences, Community-Based Instruction; Student Self-

    Advocacy Activities; Mentoring and Transition Planning from Middle to High School Programs as

    well as Transition Planning from School to Adult Life;

     Linkages to post-school agencies; and

     Parent Family Involvement.

Targeted Technical Assistance for Self-Assessment Districts: NJOSEP‟s monitoring unit

    identified districts participating in the 2007-2008 self-assessment/monitoring whose graduation and/or

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