Special Education
The Special Education Department is committed to supporting parents and working together to achieve strong outcomes for our students with disabilities. There are several ways that our department engages with families: through email communication, parent engagement series, parent counseling training held throughout the year, and our Special Education Advisory Council.
The district is committed to providing intensive academic instruction and supports to students with disabilities within the Least Restrictive Environment (LRE), as appropriate. Our goal is to return students with disabilities to the general education setting with their non-disabled peers. At the beginning of each school year, the students are assigned to case managers and related service providers. Staff members at your child’s school are ready to work with you to ensure your child receives the services and supports recommended, as per the Individualized Educational Plan (IEP). Students with IEPs have a Case Manager who is a special education teacher, who should be your first point of contact regarding your child’s program/services.
Teachers and clinicians fill out monthly verification forms to record what students were entitled to, what was delivered to them and whether anything needs to be caught up.
- Due Process
- Enrollment Documents
- Parentally Placed Students
- Parent Bill of Rights
- Remedial Action Plan
- Requirements
- Response to Intervention
- Speech, Language, & Hearing
- State Performance Plan: Special Education
Due Process
The Student Services Department is dedicated to ensuring that EACH students receives a free and appropriate public education (FAPE). To accomplish this goal, the Student Services Department has office hours Monday through Friday from 8AM-4PM where staff is available to answer questions and address concerns.
If you suspect that your child has a disability, please complete the attached form in order for your child to receive a comprehensive evaluation and be referred to the Committee for Special Education (CSE) Ages five (5) to twenty-one (21) or the Committee for Pre-School Special Education (CPSE) Ages three (3) to five (5).
A parent has two years from the date of the contested referral, evaluation, or placement to request an impartial hearing.
If the District fails to schedule a resolution session within 15 days of receiving the request for an impartial hearing, a parent may ask the Impartial Hearing Officer (“IHO”) to begin the impartial hearing process.
The IHO has 45 days from the time the Board of Education receives the request to conduct a hearing and render a decision unless the IHO grants an extension requested by either the parent or the school district.
Enrollment Documents
In order for the Mount Vernon City School District to process a student enrollment, certain enrollment documents will need to be presented to the school district such as:
1. A photo ID of the student's parent/legal guardian (e.g. Passport, State ID, or Employment ID)
2. Proof of Age
Evidence of a student’s age shall be obtained by one of the following:
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An original or certified transcript of a birth certificate or record of baptism (including an original or certified transcript ofa foreign birth certificate or record of baptism) giving the date of birth; or
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Passport (including foreign passport) giving the date of birth.
Where the above are not available, the School District may consider certain other documents/records in existence two years or more to determine age. One or more of these documents may be necessary. The documents are the following:
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official driver’s license
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state or other government issued identification
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school photo identification with date of birth
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consulate identification card
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hospital or health records
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military dependent identification card
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documents issued by federal, state or local agencies (for instance, local social services agency, federal Office of Refugee Resettlement)
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court orders or other court-issued documents
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Native American trial document
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records from non-profit international aid agencies and voluntary agencies
**NOTE: The School District may need to verify these documents/record (e.g. expired documents)
3. Immunization Records
Every student regardless of age, is required to present proof or official certificate of immunization against Poliomyelitis (3 doses), Diphtheria, Tetanus, Pertussis (4 doses), Mumps, Measles, Rubella (2 doses), Varicella (2 dose), Hepatitis B (3 doses). Pre-K requires Pneumococcal (4 doses) and HIB (4 Doses). Tdap (Tetanus, Diphtheria, Pertussis) booster for all 6th grade entrants or 11 years old in accordance with Section 2164 of the New York State Health Law [NY State Education Law Section 14, Article 16, Title I, Article 19}. The immunization records of the student must be signed by a physician or health department representative and must list the month, day, and year that vaccines were given.
If student does not have proof at registration, parent/guardian shall have 30 days after enrollment to either provide appropriate proof and/or complete immunization requirements if any vaccinations are missing.
Exemptions: Students may be exempted from the immunization requirements if any of the following situations exist:
Medical Exemption: A physician (MD or DO) must provide written verification and medical reasons for the exemption of any vaccine. There must be an annual review of the medical exemption.
Religious Exemption: The parent or legal guardian must furnish a notarized statement that must include the following information:
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State that religious beliefs conflict with immunization requirements.
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The statement must be signed and dated by the parent/legal guardian.
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The statement must be notarized, dated and signed by and notary public.
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The statement must be submitted in lieu of an immunization certificate.
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A clear indication that the statement does not expire.
Note: During the suspected vaccine-preventable disease outbreaks, any student who claims any of the medical or religious exemptions will be subject to automatic exclusion from school.
4. Previous School Records
The student's records from the school most recently attended including records relating to dates attended, immunization records, grades, standardized test scores, and Section 504 or Special Education must be submitted.
5. Proof of Residency
The Mount Vernon City School District requires evidence of residency and may make a reasonable inquiry to verify eligibility for admission into our schools. Parent/guardian should provide 1 item from Section A and 2 item(s) from Section B.
Section A:
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Copy of a residential lease or proof of ownership of a house or condominium, such as a deed or mortgage statement;
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A statement by a third-party landlord, owner or tenant from whom the parent(s) or person(s) in parental relation leases or with whom they share property within the District;
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Such other statement by a third-party establishing parent(s) or person(s) in parental relation physical presence in the School District.
Section B:
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Pay stub;
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Income tax form(s);
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Utility bill or other bills (e.g., power company, cable, National Grid, etc.);
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Membership documents that are based upon residency (e.g., library cards);
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Voter registration document(s);
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Official driver’s license, learner’s permit or non-driver identification;
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State or other government issued identification
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Documents issued by federal, state or local agencies (for instance, local social services agency, federal Office of Refugee Resettlement);
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Evidence of custody of the child/children, including, but not limited to judicial custody orders or guardianship papers;
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Other forms of documentation and/or information establishing parent(s) or person(s) in parental relation physical presence in the School District.
Parentally Placed Students
Chapter 378 of the Laws of 2007 include amendments to section 3602-C of Education Law relating to the education of students with disabilities who are parentally placed in nonpublic elementary and secondary schools. The public school district where the nonpublic school is located (referred to as the District of Location) is required to provide students with disabilities enrolled in nonpublic elementary and secondary schools by their parents with special education services.
The school district of location (DOL) is responsible for:
- Child find for students who are parentally placed in nonpublic schools located in their geographic boundaries.
- Consulting with the representatives of the nonpublic elementary and secondary schools located within the boundaries of the school district regarding the child find process, provision of special education services, and use of federal funds.
- Conducting a reevaluation at least once every three years of each eligible parentally placed nonpublic school student with a disability even if the student is not currently receiving special education services, unless the parent and district agree otherwise.
Parent consent is required before sharing individual evaluations, IEPs, IESPs (Individualized Education Service Plan) or Services Plans and other special education records between the district of location (DOL) and the district of residence (DOR). There is no federal or State requirement for parental consent to share information between the school district of location and the nonpublic school the student intends to enroll in or is enrolled in.
The parent must request special education services in writing to the school district of location (DOL) by June 1 preceding the school year for which the request for services is made.
For students who are residents of New York State:
- The CSE of the district of location (DOL) must develop an IESP for students who are enrolled by their parents in nonpublic elementary and secondary schools located in the geographic boundaries of the public school.
- The IESP must be developed in the same manner and with the same contents as an IEP is developed.
- The CSE must ensure that a representative of the nonpublic school where the student attends is included in the meeting where the IESP is developed
- The manner special education and related services will be provided to students is determined by the district of location.
The student's district of residence (DOR) must:
- Provide a Free and Appropriate Public Education by developing an IEP when requested by the parent.
For out-of-state students with disabilities parentally placed in nonpublic schools located in NYS:
- District of location has child find responsibilities.
- Services provided to out of state students must be documented on a Service Plan that is developed by the CSE of the district of location which provides special education services only to the extent that such service provides the student equitable participation in the services funded with IDEA funds in relation to the proportionate share of federal IDEA Part B dollars.
For students with disabilities who are residents of New York State and parentally placed in a nonpublic school located in another state:
- The school district of location should be contacted regarding a Service Plan. The student may not be entitled to any or all of the special education services he/she might have received if enrolled in a public or nonpublic school in New York State.
Those regulations do not apply to students with disabilities:
- Home schooled by parents (District of Residence responsibility).
- In private daycare or preschool programs (District of Residence responsibility). Refer to March 2008 Memo: Provision of Special Education services to a Five-Six Year Old Child with a Disability Not Subject to Compulsory Attendance Requirement and Not on a Regular School Attendance Register listed below.
- Enrolled in a public school outside their district of residence.
- Parentally placed in drug rehabilitation centers or hospitals.
Parent Bill of Rights
The School District is committed to protecting the privacy and security of each and every student’s data. Parents should be aware of the following rights they have concerning their child’s data:
- A student's personally identifiable information cannot besold or released for any commercial purposes.
- Parents have the right to inspect and review the complete contents of their child's education record.
- The confidentiality of a student’s personally identifiable information is protected by existing state and federal laws, and safeguards such as encryption, firewalls, and password protection, must be in place when data is stored or transferred.
- A complete list of all student data elements collected by the State Education Department is available for public review at: http://www.p12.nysed.gov/irs/sirs/documentation/NYSEDstudentData.xlsx, or by writing to the
Office of Information & Reporting Services
New York StateEducation Department, Room 863 EBA
89 Washington Avenue
Albany, NY 12234 - Parents have the right to file complaints about possible breaches of student data. Parents may submit a complaint regarding a potential breach by the District to Joe McGrath at Jmcgrath@mtvernoncsd.org. Complaints pertaining to the State Education Department or one of its third party vendors should be directed in writing to:
Chief Privacy Officer
New York State Education Department
89 Washington Avenue
Albany,NY 12234
Or, email to CPO@mail.nysed.gov. The complaint process is under development and will be established through regulations to be proposed by the State Education Department’s Chief Privacy Officer. - The State Education Department’s Chief Privacy Officer will develop additional elements for this Parents’Bill of Rights, which will be prescribed in Regulations of the Commissioner and updated by the District accordingly.
- Upon the adoption of regulations and guidance from the State Education Department, as required by Education Law 2-d(3)(d) and 2-d(5)(a-b), if the District enters into a contract with a third party in which student, teacher, or principal data is shared with athird party, supplemental information for each such contract will be appended to this Parents’Bill of Rights.
- Parents may access the State Education Department’s Parents’Bill of Rights at:http://www.p12.nysed.gov/docs/parents-bill-of-rights.pdf.
Click here for the Parent Bill of Rights
Remedial Action Plan
BOARD NOTICE
In 2013, a lawsuit was filed against the Mount Vernon City School District and the New York State Education Department alleging that the District was not providing students with disabilities with the educational services to which they were entitled under the Individuals with Disabilities Education Act (IDEA).
As part of the resolution of the proceeding, the District hired an Independent Monitor to conduct an audit of the special education processes in the District. As a result of that audit, the District and the Independent Monitor developed a Remedial Action Plan designed to help the District achieve a greater level of compliance with the IDEA and the New York State’s rules and regulations.
The Settlement contemplates that the District shall collect baseline data concerning its compliance with 15 distinct requirements of the IDEA. The District will then implement various protocols and practices required by the Remedial Action Plan, many of which have already been implemented. The District must then measure its progress towards the goals and milestones established by the settlement agreement and report such information to the Independent Monitor.
The Settlement Agreement contains some enforcement provisions. If the District does not submit the Monitoring Statements to the Monitor on a timely basis, the District will be deemed to have committed a Procedural Noncompliance Event. If, upon implementing the corrective measures, the District does not meet the goals and milestones set forth in the agreement, the District will be deemed to have committed a Substantive Noncompliance Event.
The first Monitoring Statement contains the baseline data from the 2017-2018 school year. Since the gathering and assembly of the documents for the initial Monitoring Statement took longer than anticipated, and corresponded with all of the other CSE responsibilities at the end of the school year, there was a delay in the production of the initial Monitoring Statement. The Monitoring Statement has been presented to the Monitor. The Monitor requested some additional information be incorporated into the Monitoring Statement and asked that the District make a few other corrections to the document. Dr. Gaon and her staff are currently doing that. Once those changes are made, the Monitoring Statement will be shared with the Board and posted on the District’s website. Since there was a delay in producing the Monitoring Statement, there technically was a Procedural Noncompliance event, so I am sharing that information with you. Now that there is a better understanding of the information the Monitor would like included in the Monitoring Statement, we anticipate the future Monitoring Statements will be produced in a timely manner.
The next Monitoring Statement is due on January 31, 2019. At that time the District must report on the extent to which the recommended protocols and practices have been implemented. The next Monitoring Statement after that is due on June 30, 2019, in which the District shall report on its progress towards meeting the compliance goals and milestones set forth in the settlement agreement.
Please check the special education department webpage to find the Monitoring Statements and additional information relative to the District’s special education programs and services.
Monitoring Statement 2020
Remedial Action Plan and Monitoring Status Report, January 31, 2020
Monitoring Statement 2019
Remedial Action Plan and Monitoring Status Report, presented at September 17, 2019 Board of Education Meeting
Monitoring Statement 2018
Plan for Schedule 1 Item 1.9
1.9 Identify and support all first-year students with disabilities (and nondisabled peers) who are “not on track” to graduate, (i.e., have failed more than two core courses during the first year and/or have high absentee rates.) To the extent possible, for each student “not on track,” provide research-based strategies that would utilize all available resources, including mentoring, intervention services, counseling, tutoring, and other supports that are likely to reverse the student’s performance trend.
We are using the Monitoring Statement’s recommendations for providing research based strategies to provide supports for at- risk students to reverse the student’s performance trend.
Our plan includes:
- Working with the Technology Department to obtain the names of 9th grade students who are failing 2 or more subjects and /or have absences totaling 5 or more days and/or excessive unexcused class absences beginning October 21, 2019.
- In collaboration with the high school teams, consisting of Building Administrator, School Counselor, Social Worker, and Attendance Teacher, Individual Remediation Plans will be developed for each at risk student. The Remediation Plan will include SMART goals and incorporate 6 week progress monitoring cycles. Progress updates will be delivered bi-weekly and supports will be titrated if necessary.
- The Remedial Plans for each student will include research-based interventions including (as applicable):
- Mentoring opportunities – AVID Tutorology – Each 9th grader is assigned an AVID Tutor. The tutor will be responsible for monitoring each student’s services as their case manager.
- Intervention services – to focus on academic and attendance supports
- Counseling provided by school social workers
- Tutoring opportunities at the high school
- An Attendance Team will be established to review attendance data biweekly and meet with student and family.
All areas will be monitored and progress reported as mandated in the agreement.
Data will be collected by the Student Services Office on a bi-weekly basis for the above referenced items in order to ensure that interventions are taking place and reviewed regularly.
Requirements
Students are entitled to admission in the Mount Vernon City School District if they meet the following criteria:
- The student resides in the school district; or
- A court orders the placement of a student with a person or a facility in the school district or (if pursuant to a court order) an entity such as Child Protective Services or the Department of Social Services places a child in the school district; or
- The student is defined as "Temporarily Housed" under the McKinney-Vento law {42 U.S.C. 11302} regardless of the residence of the student, parent or legal guardian. Please complete the Application to Determine McKinney-Vento Eligibility and the STAC-202 Form.
Response to Intervention
Response to Intervention (RTI) is a multi-tier approach to the early identification and support of students with learning and behavior needs. The RTI process begins with high-quality instruction and universal screening of all children in the general education classroom. Struggling learners are provided with interventions at increasing levels of intensity to accelerate their rate of learning. These services may be provided by a variety of personnel, including general education teachers, special educators, and specialists. Progress is closely monitored to assess both the learning rate and level of performance of individual students. Educational decisions about the intensity and duration of interventions are based on individual student response to instruction. RTI is designed for use when making decisions in both general education and special education, creating a well-integrated system of instruction and intervention guided by child outcome data.
For RTI implementation to work well, the following essential components must be implemented with fidelity and in a rigorous manner:
High-quality, scientifically based classroom instruction. All students receive high-quality, research-based instruction in the general education classroom.
Ongoing student assessment. Universal screening and progress monitoring provide information about a student’s learning rate and level of achievement, both individually and in comparison with the peer group. These data are then used when determining which students need closer monitoring or intervention. Throughout the RTI process, student progress is monitored frequently to examine student achievement and gauge the effectiveness of the curriculum. Decisions made regarding students’ instructional needs are based on multiple data points taken in context over time.
Tiered instruction. A multi-tier approach is used to efficiently differentiate instruction for all students. The model incorporates increasing intensities of instruction offering specific, research-based interventions matched to student needs.
Parent involvement. Schools implementing RTI provide parents information about their child’s progress, the instruction and interventions used, the staff who are delivering the instruction, and the academic or behavioral goals for their child.
Each of these essential components is addressed in the “Include Essential Components” section of this Web site.
Though there is no single, thoroughly researched and widely practiced “model” of the RTI process, it is generally defined as a three-tier (or three-step) model of school supports that uses research-based academic and/or behavioral interventions. The Three-Tier Model is described below.
Tier 1: High-Quality Classroom Instruction, Screening, and Group Interventions
Within Tier 1, all students receive high-quality, scientifically based instruction provided by qualified personnel to ensure that their difficulties are not due to inadequate instruction. All students are screened on a periodic basis to establish an academic and behavioral baseline and to identify struggling learners who need additional support. Students identified as being “at risk” through universal screenings and/or results on state- or districtwide tests receive supplemental instruction during the school day in the regular classroom. The length of time for this step can vary, but it generally should not exceed 8 weeks. During that time, student progress is closely monitored using a validated screening system such as curriculum-based measurement. At the end of this period, students showing significant progress are generally returned to the regular classroom program. Students not showing adequate progress are moved to Tier 2.
Tier 2: Targeted Interventions
Students not making adequate progress in the regular classroom in Tier 1 are provided with increasingly intensive instruction matched to their needs on the basis of levels of performance and rates of progress. Intensity varies across group size, frequency and duration of intervention, and level of training of the professionals providing instruction or intervention. These services and interventions are provided in small-group settings in addition to instruction in the general curriculum. In the early grades (kindergarten through 3rd grade), interventions are usually in the areas of reading and math. A longer period of time may be required for this tier, but it should generally not exceed a grading period. Students who continue to show too little progress at this level of intervention are then considered for more intensive interventions as part of Tier 3.
Tier 3: Intensive Interventions and Comprehensive Evaluation
At this level, students receive individualized, intensive interventions that target the students’ skill deficits. Students who do not achieve the desired level of progress in response to these targeted interventions are then referred for a comprehensive evaluation and considered for eligibility for special education services under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004). The data collected during Tiers 1, 2, and 3 are included and used to make the eligibility decision.
It should be noted that at any point in an RTI process, IDEA 2004 allows parents to request a formal evaluation to determine eligibility for special education. An RTI process cannot be used to deny or delay a formal evaluation for special education.
In addition to variations in the tiers used to deliver RTI services, schools use different approaches in implementation, such as problem-solving, functional assessment, standard protocol, and hybrid approaches. Although there are many formats for how a school might implement RTI to best serve the needs of its students, in every case RTI can be a school-wide framework for efficiently allocating resources to improve student outcomes.
Speech, Language, & Hearing
The Speech Language Hearing Department (SLH) of the Mount Vernon City School District (MVCSD) is a division of the Student Services Department. It is composed of speech language pathologists, speech language clinicians, and a district audiologist. We are fortunate to have clinicians with multilingual language experience including Spanish, French, Haitian Creole and Caribbean varieties of English. Speech Language Pathologists in the MVCSD have certificates of clinical competence (CCC) from the American Speech Language Hearing Association (ASHA). In order to maintain this certification demonstrated continuous study is required. Each month, our staff participate in professional development in order to enhance skills that will ensure state of the art therapeutic services for students. Therapy provided for students follow guidelines from ASHA and the New York State Education Department Office of the Professions (NYSEDOP).
Each school has an Instructional Support Team (IST). The IST meets with parents to help determine how to support students with their educational needs. Parents are a critical part of the student’s educational success. Partnership facilitates sustainable achievement during therapeutic intervention, should intervention be required.
The SLH staff provides a range of services including consultation, response to intervention (RTI), and direct therapy for children with disabilities. Students with disabilities are identified by the Committee for Special Education (CSE) and receive therapy according to his or her mandated Individualized Educational Plan (IEP). Students who need to improve their communication, may qualify for services as non-disabled students. Programs vary across schools.
Parents may be guided to community-based services including hospitals, universities, and agencies upon request.
If you have concerns about your child’s speech, language, or learning contact the Instructional Support Team (IST) in your child’s school.
Parents of children attending private and parochial schools in Mount Vernon are also welcome to share concerns about their child's communication. Remember to read Dr. Cecelia Davidson's blog Speaking Out for answers to hot topics questions and other information relative to effective communication.
For more information, please contact Dr. Davidson at cdavidson@mtvernoncsd.org.
State Performance Plan: Special Education
The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) requires each state to have in place a State Performance Plan (SPP) that evaluates its efforts to implement the requirements and purposes of Part B of IDEA and describes how the state will improve such implementation. The SPP, submitted every six years, includes measurable and rigorous targets for the 20 indicators established under three monitoring priority areas:
- Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE);
- Disproportionality;
- General Supervision Part B, including Child Find, effective transition and effective general supervision.
The New York State Education Department elicited broad stakeholder involvement in the development of its SPP in order to set measurable and rigorous annual performance targets. The SPP provides the baseline data, measurable and rigorous targets, improvement activities, timelines and resources established by the State for each indicator.
States must report annually on their performance in the targets identified in the SPP through an Annual Performance Report (APR). The SPP/APR reflects the state's progress toward meeting its Part B goals and provides the actual target data, explanation of progress or slippage and discussion of improvement activities completed by the state for Indicators 1-16.
State Performance Plan School District Schedule for Data Submission for Federal Indicators- 2017-2018 Through 2024-2025 School Years