MEMORANDUM. SUBJECT: Children First Reforms in Special Education effective July 1, 2007

Transcription

1 THE NEW YORK CITY DEPARTMENT OF EDUCATION JOEL I. KLEIN, Chancellr Office f Special Educatin Initiatives 52 Chambers Street, Rm 220 New Yrk, NY MEMORANDUM September 12, 2007 TO: FROM: Deputy Executive Directrs, Special Educatin Special Educatin Administratin and Operatins Managers Administratrs f Special Educatin Cmmittee n Special Educatin Chairpersns Supervisrs f Schl Psychlgists Linda Wernikff, Executive Directr Linda Wernikff Office f Special Educatin Initiatives SUBJECT: Children First Refrms in Special Educatin effective July 1, 2007 Please distribute this memrandum and attached enclsures t Schl Psychlgists, Schl Scial Wrkers, Related Service Prviders and ther apprpriate supervisry and pedaggical persnnel. This crrespndence prvides updated infrmatin regarding the evaluatin and placement f students with disabilities and students suspected f being disabled and als serves as a reminder regarding current practice fr evaluatin prcesses and IEP Team meetings. This mem includes the fllwing: Sectin 1: Organizatinal Overview. pages 2-6 Sectin 2: Special IEP Cnsideratins and Alerts. pages 7-9 Sectin 3: Assessments. pages Sectin 4: Clerical Supprt in Schls. pages 11 Sectin 5: Participatin in IEP Meetings. pages Sectin 6: Cncluding the IEP Meeting pages Sectin 7: The Prgram Recmmendatin Matrix pages

2 Sectin 1: Organizatinal Overview Special educatin services will be prvided and supprted thrugh three rganizatins: (1) Integrated Service Center (ISC) All mandated and peratinal functins will be handled at five newly frmed Integrated Service Centers (ISCs). Each ISC will have a Deputy Executive Directr f Special Educatin and will be staffed with ur best, mst experienced managers, special educatrs and analysts wh will streamline the prcess f deplying special educatin persnnel, cntracting ut fr services and apprving services by independent prviders fr students attending public schls. The CSEs will be staffed with experienced managers and special educatin persnnel wh will cntinue t arrange fr special educatin services including cntracting ut and apprving services by independent prviders fr students in nn-public and Charter schls as well as nn-attending students. (2) Office f Student Enrllment Planning and Operatins The Brugh Enrllment Offices reprting t the central Office f Student Enrllment Planning and Operatins (OSEPO) will be respnsible fr the placement f students recmmended fr self-cntained special educatin classes and Cllabrative Team Teaching wh cannt be served in their current schls. The transfer f the placement prcess t this centrally-perated ffice, with the full weight and authrity f the Chancellr, will ensure better access t special educatin prgrams acrss the City and mre efficient planning fr allcatin f special educatin classes where they are needed gegraphically. It will als ensure participatin f students with disabilities in chice prgrams. (3) Schl Supprt Organizatins During the spring, all principals in cnsultatin with their Schl Leadership Teams selected a Schl Supprt Organizatin (SSO) that will prvide curriculum and instructinal supprt fr their students, including students with disabilities, aligning themselves with schls similar in nature and need. Sme f the SSOs will be led by and primarily made up f New Yrk City public schl persnnel, and thers will represent the best that clleges, universities and ther private, nn-prfit rganizatins have t ffer. Schls selected an SSO that will prvide the supprt needed by their teachers and students. It will keep decisin-making in the schl and make it pssible fr schls with similar needs t easily share and replicate best instructinal practices. In additin, please nte the fllwing: District 75 District 75 will remain in place t supprt District 75 schls. It will cntinue t be a separate citywide district fr children with severe disabilities. The Children First schl refrms seek t strengthen the district s it is serving children well and s its schls share best practices with ne anther. The D75 Superintendent's Office will cntinue t arrange fr all special educatin services and handle all related issues fr D75 schls. The Queens ISC will have a singular D75 unit that will take the place f the ROC in prviding business services t D75 schls (e.g., budget, prcurement, and payrll). 2

3 Cmmittees n Special Educatin The 10 Cmmittees n Special Educatin (CSE) ffices and attendant recrds rms will remain in their current lcatins. The CSEs will reprt t the Integrated Service Centers (ISC) and there will be n change in the lcatin f the evaluatin prcess: Referrals fr re-evaluatins (including mandated three-year reviews) will be clcked in and pened at the student s schl. All initial referrals will cntinue t be sent t the CSE t pen. Students attending public schls will cntinue t receive evaluatins and have their Individualized Educatin Prgram (IEP) meetings held and finalized at their schl, where persnnel wh knw the child and are likely t prvide service t the child can participate fully in this prcess. Fr students wh will remain in the current schl, all placement activities will cntinue t be cmpleted at the schl. Schls will nw be able t use SEC, the cmputerized placement system, t ffer seats within the current schl. The ISC will be spnsring trainings later this semester fr schl teams t becme familiar with the enhancements t SEC. As utlined abve, OSEPO will facilitate the placement f all students in public schls grade levels K-12 wh require a self-cntained special class r Cllabrative Team Teaching class utside f their current schl. When it has been determined by the IEP Team at the schl fr public schl students r at the CSE fr nn-public, Charter r nn-attending students that n apprpriate public schl services (including D75 services) exist fr a student, the case will be mailed directly t the Central Based Supprt Team (CBST) fr assistance in identifying a placement. The prgram recmmendatin fr these students shuld read deferred t CBST. Cases that require deferral t CBST must be mailed t the fllwing address with the apprpriate cver sheets (see Attachment A): Jacqueline Bland Central Based Supprt Team 1780 Ocean Avenue, 4 th Flr Brklyn, New Yrk Subsequent t CBST identifying an apprpriate site they will send the infrmatin t the Schl Psychlgist. The IEP Team must then recnvene t put the name f the nn-public schl n the student s IEP. The final ntice, cnsent, and authrizatin will be cmpleted at that time. CSEs will cntinue t be respnsible fr the evaluatin f students in nn-public schls and charter schls as well as ther nn-attending students. In additin, CSEs in cllabratin with the Office f Student Enrllment, Planning and Operatins (OSEPO) will facilitate placements f these students in public schls and CSEs will defer cases directly t CBST as needed. 3

4 The Integrated Service Center (ISC) Belw is a chart mapping current CSEs t ne f the five brugh ISCs. All public schls in a brugh will be supprted by their brugh ISC. In the case f Districts 7, 27 and 32, hwever, nn-public and charter schl and nn-attending cases and the pening f initial referrals frm public schls will remain with the CSE it is currently aligned with despite being aligned with an ut-f-brugh ISC. This decisin was made t maintain the stability f CSE and their attendant recrds rms and t avid any cnfusin amng parents. CSE District(s) ISC Brugh Mapping 1 9, 10 Brnx 2 8, 11, 12 Brnx 3 25, 26, 28, 29 Queens 4 24, 30, 32 Queens 5 19, 23, 27 Brklyn 6 17, 18, 22 Staten Island 7 20, 21, 31 Staten Island 8 13, 14, 15, 16 Brklyn 9 1, 2, 4, 7 Manhattan 10 3, 5, 6 Manhattan The ISC will prvide assistance with special educatin evaluatin and supprt fr prvisin f services in public schls. This assistance includes arranging fr translatin services, cntracting ut fr assessment and related service persnnel, issuing and apprving related service and assessment authrizatins, allcating assessment per sessin, reviewing requests fr specialized transprtatin, assistance with all aspects f due prcess requests, and assistance with any evaluatin that cannt be cmpleted by schl persnnel. T request assistance frm the ISC, please utilize the Request Frm (Attachment B). These requests shuld be sent frm schls t the ISC Special Educatin Administratin and Operatins Manager (see list belw) utilizing the regular DOE schl curier. Schl Pychlgists wrking in D75 prgrams shuld request assistance with evaluatin services frm the Special Educatin Administratin and Operatins Manager in the Integrated Service Center where the schl is gegraphically lcated. Nte: Schls have already established curier service with the ISC. Please ensure the envelpe indicates the name f the apprpriate Special Educatin Administratin and Operatins Manager and the cmplete address at the ISC. Schls Gegraphically in CSDs Integrated Service Center Lcatin 1, 2, 3, 4, 5, 6 MANHATTAN 333 Seventh Avenue Rm 725 7, 8, 9, 10, 11, 12 13, 14, 15, 16, 19, 23, 32 17, 18, 20, 21, 22, 31 24, 25, 26, 27, 28, 29, 30 New Yrk, New Yrk BRONX One Frdham Plaza 7 th Flr Brnx, New Yrk BROOKLYN 131 Livingstn Street Rm 501 Brklyn, New Yrk STATEN ISLAND 715 Ocean Terrace Building A Rm 208 Staten Island, New Yrk QUEENS Queens Plaza Nrth Lng Island City, New Yrk Special Educatin Administratin and Operatins Manager Phne Number and Address Claudia Rthman (212) crthma@schls.nyc.gv Chris Adeyemi (718) cadeyem@schls.nyc.gv Verna Phillip Yalley (718) vphillip@schls.nyc.gv Sherri Schulman (718) sschulman@schls.nyc.gv Michelle Singletn (718) msingle@schls.nyc.gv 4

5 Each ISC will have a Deputy Executive Directr f Special Educatin with a Special Educatin Administratin and Operatins Manager and 3 Administrative and Operatins Specialists reprting t the Directr. The rest f this pwerful team at each ISC will include: One IEP Manager and 6 IEP Specialists wh will prvide technical assistance, quality review versight and enfrce cnsistent standards fr IEP develpment thrughut the system. A Transprtatin Liaisn t assist schl IEP teams in the prcess f making apprpriate specialized student transprtatin requests. Tw Special Educatin Analysts, a Manager f Cntracting and Related Service Authrizatin (RSA) and between 10 and 13 special educatin clerical supprt persnnel. This team will streamline the prcess f deplying special educatin persnnel, cntracting ut fr services, and issuing and apprving services by nn-doe independent prviders (RSAs) fr students attending public schls. Five Administratrs f Special Educatin will prvide supprt t schls and ensure that these services are being prvided in a timely and apprpriate manner. They will essentially serve as guarantrs f special educatin services. Six Supervisrs f Schl Psychlgists and 6 Supervisrs f Speech Teachers, 2 r 3 Supervisrs f Occupatinal Therapy and 1 r 2 Supervisrs f Physical Therapy based upn caselad will als be lcated at the ISCs t develp strng netwrks f senir-level service expertise and cllabratin with schls t imprve service delivery. Special educatin attrneys and paralegals t prvide legal supprt fr schls and ISCs in the area f special educatin. Please nte that all f the abve activities fr nn-public, charter and nn-attending students will cntinue t be prvided by the CSE. The Office f Student Enrllment Planning and Operatins (OSEPO) The central Office f Student Enrllment Planning and Operatins (OSEPO) facilitates student placement, transprtatin, enrllment, zning and chice prgrams n a citywide basis fr all grade levels. OSEPO will facilitate the placement f all students in public schls grade levels K-12 wh require a self-cntained special class r Cllabrative Team Teaching class utside f their current schl. We expect that t the greatest extent pssible, students with disabilities will be served in their current schl. If, hwever, it is determined by the schl team that the student requires services that cannt be prvided at the schl, there will be shared accuntability fr these students. These students will remain n the Prgress Reprt f the sending schl as well as the receiving schl. OSEPO will als wrk with District 75 t identify and place students in need f District 75 prgrams. The transfer f the placement prcess, alng with the establishment f a Senir Executive Directr fr Special Educatin Enrllment, an Assistant Directr fr Special Educatin Enrllment at OSEPO Central, field-based Brugh Directrs f Special Educatin Enrllment and assignment f 32 placement fficers and attendant clerical supprt t the Brugh Enrllment Offices, with the full weight and authrity f the Chancellr, will ensure better access t special educatin prgrams acrss the City. 5

6 OSEPO will wrk with the central Office f Prtfli Develpment t secure space where needed fr special educatin classes. OSEPO will manage special educatin enrllment prjectins fr schls. OSEPO will participate in the special educatin class allcatin prcess. OSEPO will als ensure greater participatin f students with disabilities in chice prgrams. Please Nte: T ensure timely transfer f files, the CSE curier service will cntinue t prvide service twice a week frm schls t the CSE. Additinally, the curier will als prvide this service frm the schl t OSEPO. All dcuments fr cases cmpleted thrugh the placement prcess must be sent t the CSE fr filing in the student s CSE file. Additinally, any new dcument develped after case cmpletin must be sent t the CSE fr filing in the student s CSE file. A cpy f the dcuments must be placed in the student s special educatin file in the schl. One flder will cntinue t mve between the CSE and the schl. The flder must indicate CSE Schl Psychlgist and prvide the address f the schl. In the left crner indicate CSE and the address f the CSE. A secnd flder will mve between the Brugh Enrllment Office and the schl fr students in public schls grade levels K-12 wh require a self-cntained special class r Cllabrative Team Teaching class utside f their current schl. This flder must indicate OSEPO Schl Psychlgist n the frnt as well as the address f the schl. In the left crner, indicate OSEPO and the address f the apprpriate OSEPO enrllment ffice. The riginal and a cpy f the case materials must be included. Respnsibility Center fr Varius Special Educatin Actins fr Public Schl Students Actin (fr public schl students) ISC OSEPO CSE CBST Lgging in f initial referrals nly fr evaluatin fr all students (public and nnpublic) Request fr translatin services Request fr assistive technlgy evaluatin/prcurement f devices Request fr assistance fr assessments (per sessin, cntracting r issuance f assessment authrizatins) Request fr specialized assessments such as Speech, OT, PT evaluatins, if necessary Issuance f related service authrizatins, P- 3 s Placement f students in CTT and selfcntained classes utside f their current schl including D75 Student evaluatin/placement materials fr file upn cmpletin f case Case deferred fr review fr nn-public schl placement Assistance with litigatin, impartial due prcess hearings and reslutin sessins Allcatin f special educatin classes t schls 6

7 Sectin 2: Special IEP Cnsideratins and Placement Alerts All IEP Meetings will cntinue t be cnducted at the student s schl fr public schl students. Team membership and levels f decisin making are utlined belw. The fllwing sectin cntains infrmatin regarding current evaluatin and IEP Meeting practice as well as updates that require special attentin. The updates are nted thrughut the dcument with an Alert. While the evaluatin prcess has nt changed, please pay particular attentin t the fllwing issues which were addressed during the prir schl year: Hme Instructin Hme instructin may be recmmended by the relevant IEP Team fr students with disabilities wh have a medical r psychlgical illness which prevents the student frm attending a public r private facility fr an extended perid f time (i.e., ne year r lnger). Requests fr Hme Instructin fr medical/physical cnditins must include a fully cmpleted Hme Instructin Referral Frm, the Medical Request Frm and a physician s request n fficial letterhead that includes the diagnsis and expected duratin f the cnditin. These referrals shuld be submitted directly t the apprpriate Brugh Office f Hme Instructin prir t recmmending Hme Instructin as the student s Individualized Educatin Prgram (IEP) placement. Requests fr Hme Instructin fr severe psychiatric cnditins must include a fully cmpleted Hme Instructin Referral Frm, the Medical Request Frm and a psychiatrist s request n fficial letterhead that includes the diagnsis, the reasn that the student cannt attend schl and the prjected date that the student can return t schl. These referrals shuld be submitted directly t the Guidance Office f the Office f Hme Instructin lcated at 3450 Tremnt Avenue, Brnx NY prir t recmmending Hme Instructin as the student s Individualized Educatin Prgram (IEP) placement. Prir t recmmending hme instructin n the student s IEP, the IEP Team must review the recmmendatin submitted by a DOHMH r DOE physician r DOE psychiatrist based n their review f dcumentatin submitted (as described abve) by parents and the student s medical prviders. Interim hme instructin may be recmmended by the relevant IEP Team fr students with disabilities wh are awaiting placement in a specialized setting, an SED-apprved private schl r a residential envirnment and cannt be maintained in their current setting with the additin f supplementary aids and services while the CSE arranges the placement. Students wh have a medical/physical and/r severe psychiatric cnditin which renders him/her temprarily unable t attend his/her regular schl placement fr an anticipated duratin f at least fur weeks but less than a year may request Hme Instructin by submitting a fully cmpleted Hme Instructin Referral Frm. The Medical Request Frm, and a physician s request n fficial letterhead that includes the diagnsis and the expected duratin f the cnditin must be included. These referrals are submitted directly t the Brugh Office f Hme Instructin. In these cases students with and withut disabilities are expected t return t their prir schl placement when the shrt-term need fr hme instructin n lnger exists. As such, there is n change t the student s IEP and a new IEP r ISP recmmending Hme Instructin as the special educatin placement is nt needed. If the request fr Hme Instructin is apprved, instructin is prvided by New Yrk City public schl teacher(s) at the student s hme, r at anther place utside f the custmary schl lcatin. 7

8 Fr mre infrmatin r cpies f the Hme Instructin Frms, please refer t Regulatin f the Chancellr A-170 n the Department s website. Specialized Transprtatin Students with disabilities attending New Yrk City public and nn-public schls are entitled t receive transprtatin services accrding t the same criteria as general educatin students. Fr students whse disability requires specialized transprtatin service, specialized services are available and may be recmmended n the student s IEP. Specialized Transprtatin services include dr-t-dr (i.e., the bus stps at the curb as clse t the student s hme as pssible) pick-up and drp-ff and utilizes specialized vehicles. IEP Teams may recmmend specialized transprtatin n a student s IEP if warranted by the nature f the student s disability. The fllwing factrs must be taken int cnsideratin when determining whether Specialized Transprtatin is warranted: Des the student with disabilities have a chrnic medical r rthpedic disability that requires specialized transprtatin? Des the student with disabilities have a severe emtinal disability and dcumented aggressive and/r acting-ut behavir that requires supprt n the bus t and frm schl? Des the student have a severe cgnitive impairment t the extent that cntinued management and supprt n the bus t and frm schl is necessary? Dcumentatin r reprts describing the student s need fr Specialized Transprtatin must be prvided. Factrs unrelated t the student s disability are nt apprpriate justificatins fr recmmending specialized transprtatin and such recmmendatins will nt be apprved by the Office f Pupil Transprtatin and ISC special educatin persnnel. Students wh are eligible fr Specialized Transprtatin may require additinal accmmdatins (e.g., specialized equipment n the bus, a shrter bus ride, etc.) based n their disability. Dcumentatin frm a physician substantiating the need fr these additinal accmmdatins must be prvided fr the student befre an IEP Team meeting and a recmmendatin fr the service. Requests fr additinal accmmdatins and the assciated medical dcumentatin must be submitted t the Transprtatin Liaisn at the ISC fr review by the DOHMH physician prir t the student s IEP meeting. Based n the review, the DOHMH physician will make a recmmendatin n the need fr the accmmdatin and submit it t the IEP Team fr review prir t the IEP meeting. Cpies f all relevant frms fr requesting accmmdatins are available at the ISC. Least Restrictive Envirnment (LRE) Requirements Students with disabilities are t be educated in the Least Restrictive Envirnment (LRE) in which their needs can be met. Schl teams are required t make decisins cnsistent with LRE requirements. The least restrictive envirnment (LRE) requires that, t the maximum extent apprpriate, students with disabilities are educated with their nn-disabled peers. Special classes, separate schling r ther remval f students with disabilities frm the general educatin envirnment ccurs nly when the nature r severity f the student s needs are such that educatin in general educatin classes with the use f supplementary aids and services cannt be achieved satisfactrily. 8

9 T this end, the IEP Team (which includes the parent) will cnsider the first ptin t be the general educatin setting in the schl which the child wuld attend if nt disabled, with the supplementary aids and services necessary fr the student t benefit frm such placement. Thus, befre a student with a disability can be recmmended t receive services utside f the general educatin classrm, the full range f supplementary aids and services that wuld facilitate the student s prgress in the general educatin classrm must be cnsidered. The IEP Team must determine whether the student can achieve his r her IEP gals within the general educatin classrm with the use f supplementary aids and services. Please refer t Special Educatin Services As Part f A Unified Service Delivery System (The Cntinuum f Services fr Students with Disabilities) and Creating a Quality IEP fr mre detailed infrmatin n IEP develpment and special educatin services. Bth are available n-line at Any decisin fr a student with disabilities nt t participate with nn-disabled students in academic r nn-academic activities must be educatinally justified n the student's IEP. A decisin fr a student with a disability nt t participate in the general educatin setting must be based n the individual needs f the student and may nt be based upn the nature f the student's disability. T the greatest extent pssible, the gal is fr students with disabilities t attend the schls they wuld nrmally attend if they did nt require special educatin services t address their learning needs. It is at the neighbrhd schl r the hme zned schl" that services t meet the full range f the student s needs are t be prvided whenever pssible. T assist the Deputy Executive Directrs f Special Educatin, Supervisrs f Schl Psychlgists, Administratrs f Special Educatin and Principals t prvide versight, a Matrix reprt is available n-line in RMDS. The Matrix reprt prvides a summary f prgram recmmendatins by schl fr each student (e.g., self-cntained classes, general educatin) wh had an IEP meeting. The reprt (see sample reprt attached) indicates the primary prgram prir t the meeting and the prgram recmmendatin made as a result f the meeting. The infrmatin in this reprt shuld nt be used t influence placement decisins regarding individual students. Alert! The IEP Prcess including Placement will be Finalized at the Schl fr Students Recmmended fr CTT r Self-Cntained Classes if the Student Can Remain in the Same Schl. Similar t related services and Special Educatin Teacher Supprt Services (SETSS), the schl can directly place a student in CTT r a self-cntained class if the student is remaining in the same schl. The Schl Psychlgist, district representative r designee will enter the infrmatin in the placement mdule f the SEC system and, after cnsent and authrizatin, send a cpy f the student file t the apprpriate CSE fr filing. Updated training n using the SEC system will be prvided t schl staff by the ISC. 9

10 Sectin 3: Assessments The Psycheducatinal Assessment T cnfrm t best practice and the natinal mdel, Schl Psychlgists will cnduct psycheducatinal assessments. The purpse f psycheducatinal assessments in the schls is t explre and systematically study aspects f the student s academic skill develpment, intellectual functining, strengths and weaknesses in cgnitive/learning prcesses and scial/adaptive functining. Psycheducatinal assessment respnsibilities f Schl Psychlgists will include implementing strategies t evaluate: Reasning, mtr skills, language, executive functins, visu-spatial skills, scial/emtinal and behaviral functining, memry, academic achievement in reading, mathematics, written expressin, and ral cmmunicatin. Quality special educatin evaluatins, which are aligned mre clsely t instructin, and therefre, make them mre valuable t instructinal staff, are critical. The Schl Psychlgist wrks with schl-aged children and their families, with a particular fcus n perfrmance in schl. Schl Psychlgists have a brad knwledge and skill base related t the applicatin f psychlgy t educatin-related prblems invlving teaching and learning. In this sense, they are in a unique psitin as a link between psychlgy and educatin. The aim f psycheducatinal assessment is t discver and describe hw best t help students learn. This aim is accmplished thrugh the systematic gathering f data using a variety f surces and methds including: (1) review f student recrds and current classrm based assessments; (2) bservatins f behavir in classrm and testing settings; (3) interviews with the student and schl staff regarding the student s functining; (4) cnsultatin with parents; and (5) the use f tests. Tests prvide imprtant infrmatin thrugh scres, the cntent r themes f respnses, the quality f verbal respnses which reflect attitudes and feelings, and the interpersnal relatinship between the examiner and the student. Please be reminded that test scres must nt be reprted fr ELL students and ther students fr whm the nrms are unrepresentative. In these cases, nly descriptive infrmatin abut student perfrmance n the tasks included in the test may be reprted. The results f this data gathering prcess must be analyzed and integrated int a reprt which presents a cmprehensive and meaningful descriptin f the student s way f thinking, feeling and acting, in a frmat and presentatin that can be used by instructinal staff. Psycheducatinal assessment cntributes infrmatin abut prcesses which affect learning, thinking, and behavir, and thereby prvides a basis fr designing an educatinal plan that builds n the student s strengths and helps t vercme weaknesses. 10

11 Hearing Handicapped/Visually Impaired Evaluatins Each ISC maintains assessment staff knwledgeable abut sensry impairments in rder t prvide assistance in the evaluatin f students wh: Have hearing prblems r failed the secndary hearing screening (mild hearing lss); Have lss f 25 decibels r greater in either ear; Have dcumentatin demnstrating that the student has a lss f 40 decibels in either ear with amplificatin; Have visual acuity f 20/70 r greater in the better eye with crrectin; and/r Have degenerative eye disease r significant field lss. In cases where schl IEP Teams requires assistance t assess a child with a sensry impairment, they are asked t cntact the ISC fr assistance. The Schl Psychlgist remains the case manager fr these students. Sectin 4: Special Educatin Clerical Supprt in Schls Family paraprfessinals and/r clerical supprt persnnel will be deplyed t schls t supprt Schl Psychlgists (1 FTE per psychlgist) and assist schls in varius special educatin supprt functins. These emplyees will assist with utreach, scheduling f meetings, mailing ntices, and CAP/SEC data entry and ther administrative tasks. CAP/SEC data entry will cntinue t be cnducted at the schl level t imprve the accuracy and timeliness f infrmatin including, receipt f requested evaluatins, exam cmpletin dates, cnference result infrmatin, placement infrmatin, first attend dates, and changes made as a result f IEP Meetings. Questins regarding special educatin supprt persnnel can be addressed t the ISC Special Educatin Administratin and Operatins Manager. Sectin 5: Participatin at IEP Meetings Principals are respnsible fr ensuring the participatin f general educatin and special educatin teachers at IEP Meetings. Alert! The Principal will designate the individual wh will serve as the district representative fr IEP Meetings held at the schl. The Cmmittee n Special Educatin Chairpersn will designate wh will serve as the district representative fr IEP Meetings held at the Cmmittee n Special Educatin Office. The invlvement and prgress f students with disabilities in the general curriculum and participatin f students with disabilities in the general educatin envirnment must be addressed by the IEP Team. The IEP Meeting: Levels f Decisin Making Initial Cases All initial cases culminate in either a Subcmmittee r Full Cmmittee meeting. Fr students attending public schl, bth types f meetings are held at the schl the student attends. Fr students attending nn-public schls and charter schls, the staff assigned t the CSE arranges and cnducts the meeting. Fr students in nn-public schls and charter schls, every effrt shuld be made t hld the meeting at the nn-public r charter schl the student attends t facilitate the attendance f the student s teachers. 11

12 A Subcmmittee n Special Educatin may make all decisins fr initial referrals except fr the fllwing which require a Full Cmmittee meeting at the schl: Special Class (full-time r part-time) Special Class in a Specialized Public Schl (D. 75) Defer t CBST fr Assistance Hme Instructin If the IEP Team is cnsidering making ne f the abve recmmendatins the schl team shuld cnvene a Full Cmmittee at the schl t avid hlding multiple meetings fr a student. All IEP Meetings will be held and finalized at the student s schl fr students attending public schls. The fllwing chart summarizes the required participants at IEP Meetings: Special Educatin Teacher/Related Service Prvider SUBCOMMITTEE ON SPECIAL EDUCATION Annual Review Initials Requested Reviews/Mandated Three-Year Review Full Cmmittee General Educatin Teacher Parent (see belw) Student (see belw) District Representative Schl Psychlgist Nt Required Schl Scial Wrker Nt Required See belw See belw See belw Parent Member Nt Required Nt Required Nt Required See belw Physician Nt Required Nt Required Nt Required See belw Special Educatin Teacher At least ne special educatin teacher f the student must participate in the IEP Team meeting. A special educatin teacher r a special educatin prvider must participate as a member f the IEP Team. If the student is receiving special educatin services it must be the student s special educatin teacher r special educatin prvider. When the student s nly special educatin services is a related service, the related service prvider participates as the student s special educatin prvider. As a member f the IEP Team, the special educatin teacher helps the IEP Team determine apprpriate mdificatins t the general educatin curriculum, the supplementary aids and services, testing accmmdatins and ther aspects f individualized instructin that are necessary fr the student t benefit frm their educatinal prgram. Nine hundred and sixty (960) schls received an additinal allcatin fr a full-time special educatin teacher cmmnly knwn as an IEP Teacher. In these schls, the IEP Teacher must have weekly nn-instructinal perids regularly prgrammed t allw them t prepare fr and attend IEP Meetings f students initially referred t special educatin, r t cver classes fr teachers wh must attend IEP Meetings f their students during a reevaluatin r triennial. 12

13 The General Educatin Teacher At least ne general educatin teacher must be a member f the IEP Team if the student is, r may be participating in the general educatin envirnment. The general educatin teacher is expected t present infrmatin abut the student s perfrmance in the general educatin class and t help the IEP Team make decisins abut participatin in the general educatin curriculum and ther schl activities. The general educatin teacher must participate in the IEP meeting t the extent apprpriate. The gal is t prvide the general educatin teacher with an pprtunity fr meaningful participatin while minimizing the impact n the teacher s ther instructinal respnsibilities. Keeping in mind that the participating general educatin teacher must be the student s teacher if the student is currently attending ne r mre general educatin classes, general educatin teacher selectin shuld prceed as fllws: Fr students participating in general educatin classes with supplementary aids and services (i.e., Related Services, Special Educatin Teacher Supprt Services, Cllabrative Team Teaching) full-time r part-time r wh are mainstreamed, the general educatin teacher r the preschl teacher wh attends the IEP meeting must be the student s general educatin r preschl teacher. Fr students nt participating in general educatin classes with supplementary aids and services r wh are nt mainstreamed, the general educatin teacher r the preschl teacher must be ne wh is likely t prvide general educatin r preschl instructin fr the disabled student being cnsidered fr participatin in general educatin classes r participatin in age apprpriate activities r ne wh is knwledgeable regarding the curricula adaptatins and the range f available general and special educatin supprts and services apprpriate t the age and grade level f the student. Fr preschl students, the general educatin teacher is an individual qualified by the State Educatin Department t teach a student f the same age. Fr students wh have mre than ne general educatin teacher, nly ne f the student s teachers must attend the meeting. Input frm all the student s teachers wh will nt be attending shuld be btained and presented at the meeting. Fr students attending nn-public schl prgrams and wh are participating in general educatin classes with supplementary aids and services r wh are mainstreamed, the student s general educatin teacher must be invited t participate at the IEP meeting. Attempts t arrange fr the participatin f the general educatin teacher must be dcumented. If the student s general educatin teacher is unable t participate, the IEP Team must identify a general educatin teacher t participate at the IEP meeting. The general educatin teacher identified must have knwledge f curricular adaptatins and the range f available general and special educatin supprts and services apprpriate t the age and grade level f the student. Current prcedures fr prviding cverage fr general educatin teachers t attend IEP meetings must cntinue. 13

14 The Parent In New Yrk State, parent(s) have lng participated in making eligibility and placement decisins abut students with disabilities. Under the IDEA parents must be infrmed f and prvide written cnsent t initial referrals and new assessments as part f a reevaluatin; have their cncerns abut the educatin f their child cnsidered during the evaluatin; be part f the grup that reviews existing evaluatin data during any evaluatin r reevaluatin f their child and understand the results f evaluatins. Additinally, where the IEP Team determines that n additinal data is needed t determine cntinuing eligibility, parents must receive ntice f that determinatin with a statement f the reasns fr that decisin. Parents have the right t request additinal assessments if they disagree with the IEP Team decisin. Parents have the right t be prvided with the student s IEP and all due prcess ntices in their preferred language r mde f cmmunicatin. The parent must be invited t participate and effrts must be made t select a mutually agreeable date fr the IEP meeting; hwever, the meeting may prceed withut the parent prvided that dcumented apprpriate utreach was cnducted and attempts were made t arrange a mutually agreed upn date and time fr the meeting. If the parents indicate that they will be unable t attend and cannt reschedule, they will be infrmed that they may participate via telephne cnference. Outreach is defined as: (1) At least tw attempts at telephne cntact at different times f the schl day, if the parent has a telephne; r (2) A fllw-up letter sent t the parent by mail, and sent hme with the student if the parent culd nt be reached by telephne. All cntacts with and attempts t cntact the parent (including cpies f all letters) and the reasn fr the rescheduled appintment, must be dcumented n the student cntact sheet in the student s file. The Student The student may participate when apprpriate. Students 14 r lder must be invited t participate in IEP meetings where transitin planning is r will be part f the IEP. The District Representative The District Representative is a representative f the schl district wh is: qualified t prvide r supervise the prvisin f special educatin; and knwledgeable abut the general educatin curriculum; and knwledgeable abut the availability f district resurces. ALERT! The principal will designate the individual wh will serve as the district representative fr IEP Meetings held at the schl. The Cmmittee n Special Educatin Chairpersn will designate wh will serve as the district representative fr IEP Meetings held at the Cmmittee n Special Educatin Office. The persn serving as the district representative may als fulfill the rle f anther persn n the IEP Team (e.g., schl psychlgist, special educatin teacher) if they meet all the requirements. 14

15 In additin, the rle f the district representative may als be filled by the Principal, Assistant Principal, Supervisr f Psychlgists, Supervisr f Speech Imprvement, IEP Specialist, Administratr f Special Educatin r Cmmittee n Special Educatin Chairpersn. In schls that have been identified by the Schl Imprvement Team as having an ver-referral t mre restrictive settings (in schl r ut f schl) the district representative must be ne f the abve identified ISC Special Educatin staff fr a designated perid f time determined by the Schl Imprvement Team in cnsultatin with the ISC and District Superintendent. The Schl Psychlgist The Schl Psychlgist must participate in subcmmittee meetings whenever a new psychlgical evaluatin is reviewed, r a change t a service ptin with a mre intensive staff/student rati is cnsidered. The Schl Psychlgist must participate in all Full Cmmittee reviews. Schl Scial Wrker The Schl Scial Wrker may participate in a Subcmmittee r Full Cmmittee IEP Meeting if he/she is invlved in any aspect f the evaluatin prcess. Parent Member The Parent Member must participate in all Full Cmmittee Reviews. The IEP Team must infrm the parent(s) f his/her right t have a parent member participate at the IEP meeting itself. Parents must als be infrmed f their right t decline the participatin f the parent member. If the parent pts t decline his/her right fr the participatin f a parent member this must be dcumented in writing in the student s IEP file. Schl Physician A Schl Physician is als a required participant if the parent, member f the schl, r IEP Team member at the Cmmittee n Special Educatin Office makes a request fr a physician t attend at least seventy-tw (72) hurs prir t the IEP meeting. Individual t Interpret Instructinal Implicatins The individual wh interprets the instructinal implicatins f the evaluatin results may als be a member f the IEP Team wh is fulfilling anther rle. The individual wh interprets the instructinal implicatins must be able t talk abut hw the evaluatin results will impact n the instructin prvided t the student and assist the team in determining what instructinal mdificatins, strategies r interventins may be required. This rle can be filled by the Special r General Educatin Teacher, the District Representative, r the Schl Psychlgist. Related Service Prvider When the student s nly special educatin service is a related service, the Related Service Prvider participates as the student s special educatin service prvider. If the related services nly student is served by a nn-department f Educatin emplyee (e.g., cntractr, independent prvider, etc.), the Schl Psychlgist is respnsible fr cnducting the Annual Review with all required participants. The Principal r designee shuld prvide the names f students wh fall int this categry t the Schl Psychlgist. Additinal Members In additin t the required participants nted abve, the fllwing individuals shuld als be 15

16 invited t participate in IEP meetings: Any schl persnnel with cntributins t make t the decisin making prcess; Please nte: Fr students wh receive related services in additin t their primary special educatin prgram every effrt shuld be made t schedule IEP Team meetings at a time when their Related Service prvider(s) can attend. If the related service prvider cannt attend the meeting, he/she must submit a prgress reprt indicating the student s current level f perfrmance, prgress twards meeting the annual gals, prpsed annual gals and shrt-term bjectives, and recmmendatins fr cntinuatin r terminatin f the service and changes in the frequency, duratin, and grup size. Related service prviders shuld be ntified in September f the mandated three-year reviews that are due that year. Related service prviders must be given written ntice f the need fr a prgress reprt at least 10 days in advance f an upcming IEP meeting. If the IEP meeting is cnvened fr the purpse f mdifying a related service recmmendatin, all attempts shuld be made t ensure the participatin f the related service prvider. At the discretin f the parent r the schl, any individual with special expertise r knwledge f the student; and Nn-Department f Educatin assessment prfessinals r service prviders invlved in cnducting the assessment r prviding service t the student. If a purpse f the IEP meeting is t cnsider the need fr transitin services, the student and a representative f the agencies likely t be respnsible fr prviding r paying fr transitin services must be invited. Parental cnsent must be btained prir t inviting these representatives. If the student des nt attend, the team must ensure that the student s preferences and interests are cnsidered; and if an agency invited t send a representative t a meeting des nt d s, steps t invlve the ther agency in the planning f any transitin services shall be taken. Fr initial referrals and re-evaluatins f students wh are English Language Learners, ne prfessinal team member must be bilingual. The bilingual team member may be: a bilingual scial wrker a bilingual special educatin teacher a bilingual general educatin teacher a bilingual speech teacher a bilingual guidance cunselr a bilingual schl psychlgist 16

17 Reevaluatins The fllwing chart delineates the type f IEP meeting that is required t make a change in the primary special educatin prgram fr a student currently receiving special educatin services. Current Service General Educatin with Related Service(s) Only Subcmmittee n Special Educatin Nte: The Schl Psychlgist is ONLY required fr services with an asterisk (*) The Parent Member is NOT required Declassificatin* Special Educatin Teacher Supprt Services* Cllabrative Team Teaching * Full Cmmittee n Special Educatin Nte: The Schl Psychlgist is ALWAYS required The Parent Member is ALWAYS required Special Class in a CSD/HS Special Class in a Specialized Schl (D. 75) Defer t CBST Hme Instructin Special Educatin Teacher Supprt Services Cllabrative Team Teaching Related Service(s) Only Declassificatin* Cllabrative Team Teaching Related Service(s) Only Special Educatin Teacher Supprt Services Declassificatin* Special Class in a CSD/HS Related Service(s) Only Special Educatin Teacher Supprt Services Cllabrative Team Teaching Special Class with less intensive staffing rati if it exists in the current schl Change in staffing rati frm 12:1 t 15:1 fr students articulating t a special class in high schl Declassificatin* Special Class with mre intensive staffing rati if it exists in the current schl* Special Class in a CSD/HS Special Class in a Specialized Schl (D. 75) Defer t CBST Hme Instructin Special Class in a CSD/HS Special Class in a Specialized Schl (D. 75) Defer t CBST Hme Instructin Special Class with a different staffing rati in a CSD/HS if it des nt exist in the current schl Special Class in a Specialized Schl (D. 75) Defer t CBST Hme Instructin Special Class in a Specialized Schl (D. 75) Special Class in a specialized schl with less intensive staffing rati if it exists in the current D. 75 site Declassificatin* Related Service(s) Only* Special Class in a specialized schl with a mre intensive staffing rati if it exists in the current D. 75 site* Special Educatin Teacher Supprt Services* Cllabrative Team Teaching* SETSS prvided by D75 Special Class in a CSD/HS Special Class in a specialized schl with a different staffing rati if it des nt exists in the current D.75 site Hme Instructin Defer t CBST 17

18 The fllwing recmmendatins require the participatin f the Schl Psychlgist: Initiatin f related services Initiatin f classrm paraprfessinal supprt Change f classificatin Change f test categry t participatin in the State Alternate Assessment Initiatin f dr-t-dr (special) transprtatin Specificatin whether cunseling shuld be prvided by a scial wrker/psychlgist Initial recmmendatin f ESL Only (e.g., change frm bilingual services t ESL nly) Terminatin f bilingual services fr students scring at r belw the cut pint n the LAB Recmmendatin f 12 mnth schl year fr students with disabilities nt attending a specialized schl, State Apprved Nn-Public Schl, r Hme Instructin Initiatin f Assistive Technlgy fr high tech devices (e.g., cmputers, augmentative cmmunicatin devices, etc.) Initiatin f an Awaiting Placement Paraprfessinal Effrts must be made t select a mutually agreeable date fr the IEP meeting by inquiring, during the scial histry interview, abut the parent's availability t attend the IEP meeting. During the initial scial histry interview, the parent is infrmed that an IEP meeting will be held after all necessary infrmatin is gathered and is infrmed that he/she is a member f the IEP Team and serves as a full participant in all decisins regarding eligibility and service prvisin and staff btains infrmatin abut parent availability. Parents must be invited thrugh the written ntice that includes the names f the expected participants and must be received at least five calendar days prir t the meeting. In rder fr the parent t receive the ntice five calendar days prir t the meeting, this ntice will be mailed at least seven (7) calendar days in advance f the meeting r hand delivered at least five days prir t the meeting. The ntice will be in the preferred language f the parent. All appintments and cntacts must be dcumented n a cntact sheet and maintained in the student s fficial CSE file. A cnfirming telephne call is made tw (2) t three (3) days prir t the IEP meeting. At least tw attempts must be made t cntact the parent by telephne. If the parent des nt have a telephne and the ntice was returned undeliverable, apprpriate utreach effrts will be made. All attempts must be dcumented n a cntact sheet and maintained in the student s fficial CSE file. If a parent requests that the cnference be rescheduled, a mutually agreeable date must be set fr the IEP meeting. This request shuld als be dcumented n the cntact sheet. If the parents indicate that they will be unable t attend and cannt reschedule, they will be infrmed that a telephne cnference can be arranged after the cnference t discuss the recmmendatin. The IEP meeting may be held withut the parent present, prvided that written ntice and/r utreach effrts were made and dcumented and the parent did nt respnd. Each IEP Team member brings imprtant infrmatin t the IEP Team meeting. Each team member shares his/her infrmatin which adds t the team s verall understanding f the student s needs. Decisin-making at their IEP meeting is a cnsensus driven prcess, but the Department has ultimate respnsibility t ensure that the IEP includes the services that the student needs in rder t receive a free apprpriate public educatin (FAPE). At the IEP meeting, a student is determined t be eligible r ineligible fr special educatin services and, if eligible, a recmmendatin fr special educatin services is made. 18

19 Sectin 6: Cncluding the IEP Meeting Requirements fr Students fund Ineligible fr Special Educatin Services (Initial Referrals) If a student is determined t be ineligible fr special educatin services, (i.e., the student des nt meet the criteria fr ne f the 13 disabling cnditins), is disabled but des nt require special educatin services t benefit frm their educatinal prgram, r the determining factr fr the student s difficulty is lack f instructin in reading r math r limited English prficiency, the Schl Psychlgists will ensure that the fllwing actins ccur: A Final Ntice f Recmmendatin t remain in General Educatin and a cpy f pages 1 thrugh 5 f the IEP is prvided t the parent and the schl principal. The principal will use this infrmatin t determine alternative strategies t assist the student. The CAP Cnference Result Frm and Final Ntice f Recmmendatin are entered int the cmputerized tracking system. The Case Transmittal t CSE Frm is cmpleted and a package cntaining all dcumentatin is prepared and sent t the CSE t be placed in the student s fficial CSE file. Cncluding the IEP Meeting: Requirements fr Students Determined t be a Student with a Disability At the cnclusin f the meeting at which a final decisin and recmmendatin is made the fllwing steps must be taken by the Schl Psychlgist: The IEP is cmpleted (and prvided t the parent regardless f whether an FNR was immediately prvided t the parent). Upn the request f the parent, the IEP must be translated int the parent s preferred language. If the meeting is a Subcmmittee meeting, the parent must be infrmed f their right t request a Full cmmittee meeting. If, after lking in the Special Educatin Cmpnent (SEC) placement system it is determined that the prgram is available at the student s current schl, an apprpriate Final Ntice f Recmmendatin must be cmpleted and prvided t the parent in their preferred language. If the parent was nt in attendance, the IEP and FNR must be sent t the parent. If the parent agrees with the recmmendatin, btain written cnsent fr an Initial case (and acknwledgement thereafter). The A-1 Authrizatin t Attend letter must be issued. Please nte: If the student is remaining in their current prgram r is recmmended t receive Related Services Only, r SETSS with r withut related services, they will remain in their current schl (r if aging ut f their schl, attend their neighbrhd schl r schl they wuld therwise attend). In ther wrds, the site fr this grup f students will always be knwn immediately fllwing the IEP Meeting. If after cmpleting utreach, there is n respnse frm the parent, these services may be implemented except if it is an initial case. 19

20 If the Special Class prgram r CTT Services recmmended by the IEP Team are NOT available at the student s current schl: The District Representative will discuss with the parent the schls within the student s district at which the prgram/service is available. This infrmatin is available t the schl team by searching the SEC placement system fr apprpriate classes with a vacancy. The district representative will infrm the Office f Student Enrllment Planning and Operatins (OSEPO) f any preferences the parent expressed at the meeting regarding the schl at which the student may be ffered Special Class r CTT. The fllwing items must be cmpleted and tracked in the cmputerized tracking system: The Case Cnference Summary Frm The Final Ntice f Recmmendatin, if issued, If the parent prvided cnsent fr the recmmendatin, the cnsent and Authrizatin t Attend The Case Transmittal Frm Cnfirming Eligibility: Offering a Site fr Re-evaluatins and Mandated Three-Year Reviews The Schl Psychlgist ensures that the same actins utlined fr abve cases are cmpleted with the fllwing exceptins: The date the recmmended changes are t be put int effect are indicated n the Final Ntice f Recmmendatin and shuld be n less than furteen (14) calendar days frm the date the Final Ntice is mailed t the parent. If the primary service is different (e.g., change frm Special Class 12:1:1 t a Special Class 12:1), and the site is knwn, issues a Final Ntice f Recmmendatin. The date the recmmended changes are t be put int effect shuld be n less than furteen (14) calendar days frm the date the ntice is mailed t the parent. These ntices and the IEP are sent t the schl principal/designee and the parent and placed in the student s cnfidential Special Educatin schl file. After finalizatin f this prcess, all case materials are sent t the CSE fr filing in the student s fficial recrd at the CSE. Reslving Cnflicts When the IEP Team and the parent f a student cannt reach cnsensus at an IEP meeting, there is a hierarchy f cnflict reslutin strategies. If the IEP Team was a Subcmmittee n Special Educatin, the parent can request a meeting f the full Cmmittee n Special Educatin. If the IEP Team was a Cmmittee n Special Educatin, anther meeting f the Cmmittee n Special Educatin with the participatin f a representative frm the ISC as the District Representative can be requested (the District Representative may be any f the fllwing: IEP Manager, IEP Specialist, Administratr f Special Educatin, Supervisr f Schl Psychlgists, Supervisr f Speech Imprvement). If the IEP Team was a Cmmittee n Special Educatin, the parent r ISC may request mediatin r an Impartial Hearing. While it is nt required t participate in mediatin prir t an Impartial Hearing, it is strngly recmmended that this mechanism be utilized t reslve cnflicts whenever pssible. 20