New York State Disproportionality Indicators*
Federal Indicator
NYS Threshold
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Indicator 4
Refers to discipline and
suspension or expulsion of
students with disabilities for
greater than 10 days (4a) and by
race/ethnicity for greater than 10
days (4b)
[20 U.S.C. 1416(a)(3)(A);
1412(a)(22)]
Indicator 9
Discrepancy:
4a: 2.7%
4b: 2.3%
Disproportionality:
2.0
Refers to disproportionate
representation of students with
disabilities by classification in
specific disability categories (10a)
and by placement (10b) by
race/ethnicity
[20 U.S.C. 1416(a)(3)(C)]
[20 U.S.C. 1418(d)(1)]
* review of students records to see if positive
behavioral supports have been used
* review of Individual Education Programs to see if
they reflect the use of behavioral supports and
interventions prior to suspension.
* review determining whether or not Behavioral
Intervention Plans have been developed and utilized
*review determining if Manifestation Determination
hearings occurred prior to suspension or expulsion
*review determining if a proper interim alternative
educational setting was provided if a student was
suspended.
Disproportionality:
2.5
*review of school wide approaches and pre referral
interventions
*review of the referral process for students to special
education
* review of the evaluation of practices for students
with disabilities
*review of evaluation of the districts eligibility
determinants for special education
Disproportionality
10a: 4.0
10b: 2.0
*review of how students are evaluated for special
education
*review of the content of student Individual Education
Program
*review of how special education problem solving
teams recommend students for classification
Refers to disproportionate
identification of racial and ethnic
groups for special education and
related services as a result of
inappropriate identification.
[20 U.S.C. 1416(a)(3)(C)]
Indicator 10
NYS’s Targeted Areas of Focus
(Compliance Monitoring)
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-----------------------------------------------------------------------------------------------------------*All information was taken from New York State’s education website
New York State’s 3 years of Mandatory Action to Address a Disproportionality Citation*
Year
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State Mandated Action
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1
*District directed self review
*The first year of citation involves a district wide self review of polices, practices and
procedures using a standard protocol designed by the state
* Any areas of noncompliance to federal and state mandates must be reported to the New
York State Education Department
*Noncompliance must be addressed within 12 months of identification and reported
publically.
2
*Districts within their second year of citation must work with the quality assurance (QA)
division of the State Department of Education
* QA reviews the districts self review in order to ensure noncompliance has been
appropriately addressed
*A corrective plan is issued after this joint review.
3
*Districts within their third year of citation have a QA comprehensive review conducted
which includes collecting of records, documents, interviews and all other forms of
evidence that can be used to assure compliance and remediation of disproportionality.
*If needed, after the comprehensive review a Corrective Action Plan (CAP) is issued for
the district.
----------------------------------------------------------------------------------------------------------------*All information taken from New York State’s education website