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Special Education

Special Education State Performance Plan (SPP)/Annual Performance Report (APR)

State Performance Plan Indicator 4: Suspension/Expulsion

SPP Indicator 4A                  Percent of districts that have a significant discrepancy in the rate of suspensions and expulsions of greater than 10 days in a school year for children with individualized education programs (IEPs)
SPP Indicator 4B Percent of districts that have:  (a) a significant discrepancy, by race or ethnicity, in the rate of suspensions and expulsions of greater than 10 days in a school year for children with IEPs; and (b) 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

General Information on the SPP/APR can be found on the U.S. Department of Education Office of Special Education's SPP/APR Community Website.

The New York State Education Department's SPP/APR Stakeholder Engagement Website provides information regarding Indicator 4, including a descriptive handout explaining the measurement and current strategies to decrease suspension of students with disabilities.

 

Special Education Quality Assurance School District Review

School districts  are notified by the New York State Education Department (NYSED) for a Suspension Review by the regional Special Education Quality Assurance (SEQA) Office if they have one or more years of data showing a:

  • significant discrepancy in the rate of long-term suspensions of students with disabilities (34 CFR §300.170(a)) (SPP Indicator 4A); and/or
  • significant discrepancy by race/ethnicity in the rate of long-term suspensions of students with disabilities by race/ethnicity (34 CFR §300.170(a)) (SPP Indicator 4B); and/or
  • significant disproportionality by race/ethnicity in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions and total disciplinary removals (34 CFR §300.646(a)(3)) (Disproportionality).

The SEQA Suspension Review evaluates a school district's policies, procedures, and practices (i.e., implementation of policies and procedures) that most closely impact the incidence, duration, and type of disciplinary action and self-correct when appropriate.  The intent of the SPP Indicator 4 SEQA Review is to provide district staff a better understanding of the regulations so they might develop strategies to prevent both child-specific and systemic noncompliance if it exists and affect the rate of suspensions of students with disabilities.

Resources

The NYSED Behavioral Interventions and Supports & Discipline Procedures for Students with Disabilities website contains resources to support the use of positive behavioral supports and interventions and ensure students have access to safe and supportive environments conducive to learning.

The New York State Education Department Office of Special Education Educational Partnership is a coordinated and cohesive network of support focused on enhancing services and supports for students with disabilities from early childhood and school-age education to engagement in post-school opportunities. Visit the Educational Partnership Website to view trainings and resources related to behavior and discipline.