SEPTA Handbook 2007 - Plainview · 2011-02-08 · A Parent’s Handbook – SEPTA POB SEPTA...

SEPTA

Special Education Parent Teacher Association Plainview - Old Bethpage

A Parent’s Handbook – SEPTA POB

SEPTA

Special Education Parent Teacher Association Plainview - Old Bethpage

Have You Joined SEPTA Yet? Please join soon so you can begin to enjoy all of the benefits of SEPTA membership:

• Monthly Meetings • Parent Training • Guest Speakers • Round Table Discussions • Networking • Social Events

(A membership form has been included at the end of this handbook for your convenience.)

Handbook Committee:

Patricia Morgasen (Chairperson) Lisa Borgen Janene Gronich Linda Jakobs


A Special Education Handbook

Table of Contents Page

1. Introduction: 2 What this handbook is about Who is it for? Mission Statement for POB Central

School District

2. What is SEPTA and what can it do for you? 3 What is SEPTA? What is Special Education? What SEPTA can do for you PPS/ Contacts SEPTA Contacts –

- Executive Committee

3. Resources (Websites and/or Phone Numbers): 5 Government/Legal Regulations Support Groups Camps/Recreation Books/Magazines/Catalogs

4. Glossary of Terms 9

Acronyms Terminology Specialists Classifications

5. Understanding The Special Education Process 19

Sequence of Events

6. Problem Resolution Protocol 22


1. Introduction

The Plainview-Old Bethpage SEPTA (Special Education Parent Teacher Association) presents this Handbook in hopes that it will help guide you through the sometimes confusing world of special education. Our intention is to provide a variety of resources, referrals, procedures and definitions in one easy to use format. Who is this handbook for? If you have a child with special needs, or know of a child with special needs, or would just like to learn more about Special Education, then this book is for you. We hope that you find this Handbook a useful resource.

Mission Statement for POB Central School District

The mission of the POB Central School District is to provide an academically challenging and stimulating environment for all students, and to enable them to realize their full potential to be happy, ethical and analytical citizens of the world. We do this by:

- Making tolerance, acceptance, respect, honesty and kindness expectations for all students, and for members of the POB school community;

- Identifying each student’s academic, social-emotional, aesthetic and physical needs, and striving to meet those needs; and

- Encouraging communication between and among students, teachers, parents, administrators and community members.

2. What is SEPTA and what can it do for you?


What is SEPTA? SEPTA is the Special Education Parent Teacher Association. SEPTA is a separate PTA unit from all of the other PTA’s in our district. It is different because SEPTA does not have its own building. Parents and staff members from the entire POB school district come together to discuss the concerns of children with special needs much more intensely than is possible at the PTA meetings which take place at the individual building level. What is Special Education? “Special Education means specially designed individualized or group instruction or special services or programs to meet the unique needs of students with disabilities.” (VESID, NY State Parent’s Guide, August 2000) What SEPTA can do for you: SEPTA provides education (through guest speakers), training and support to enable parents to be more effective advocates for their children and to be more effective participants in the CSE Special Education Process. Parents with experience in the Special Education system can provide support for parents who are new to the system. SEPTA is also a liaison between parents, teachers and administration. We work collaboratively to achieve the best outcomes for our children. Pupil Personnel Services Contacts: Ms. Ellie Becker - Director of Pupil Personnel Services 937-6330

Ms. Norell Young - Asst. Director of PPS (K-4) 937-6325

Ms. Michelle McAndrew - Asst. Director of PPS (5-8) 937-6325

Ms. Sandy Steinberg - Asst. Director of PPS (9-12) 937-6325

Ms. Felice Solomon - Asst. Director of PPS for Guidance 937-6364


SEPTA Contacts: We at SEPTA want you to know that we share your feelings and concerns and are available to offer assistance and support. Below are the names and phone numbers of the 2007/08 SEPTA Executive Committee. President Linda Jakobs 938-2866 1st Vice Pres Janene Gronich 433-0839 VP Fundraising Cathy Shapp 939-6172 VP Membership Kathy Feldman 501-1360 VP Programming Debra Cherry 367-1773 VP Scholarship Kathy Rea 822-1993 VP Communications Carol Meschow 938-0172 Treasurer Eileen Chasan 938-7826 Assistant Treasurer Marylee Norton 433-7740 Recording Secretary Sue Cohn 938-1734 Asst.Recording Sec. Jill Pfeiffer 938-7185 Corresponding Sec. Emily Schulman 433-2684 Asst. Corresp Sec. Cheryl Dender 935-9211 Parliamentarian Paige Bravin 938-9302

Please be assured that anyone you contact on the above list will maintain confidentiality of all matters that you discuss with them.


3. Resources (Websites and/or Phone Numbers) On the following pages you will find website links and in most cases phone numbers that you can use as a “jumping off” point to find information on your specific needs. “Top 4” Informational Websites: New York State Education Department http://www.vesid.nysed.gov/ (VESID 516-483-6510) The National Information Center for Children and Youth with Disabilities www.nichcy.org (800) 695-0285 FAPE (Families and Advocates Partnership for Education) www.fapeonline.org (952) 838-9000 Internet Resources for Special Children www.irsc.org Government/Legal Regulations: IDEA Partnerships (877) CEC-IDEA www.ideapractices.org Wrights Law www.wrightslaw.com Long Island Advocacy Center (516) 248-2222 Long Island Advocates Inc. (516) 735-5466 NYS Office of Advocates for the Disabled (800) 522-4369 Advocacy Site www.dssc.org Youth Advocacy Site www.fvkasa.org Support Groups: OMRDD- Office of Mental Retardation & Developmental Disabilities (631) 434-6100 www.omr.state.ny.us/ LIDDSO- Long Island Developmental Disabilities Service Office (631) 493-1700 SETRC- Special Education Training & Resource Center (516) 781-4992 Special Education Resources on the Internet (SERI) www.seriweb.com


Asperger Syndrome Education Network www.aspennj.org Assoc. for the Help of Retarded Children (AHRC), Nassau County Chapter www.ahrc.org/ (516) 626-1000 CHADD- Children and Adults with Attention Deficit/Hyperactivity Disorder www.chadd.org (800) 233-4050 Child & Adolescent Bipolar Foundation www.bpkids.org (847) 256-8525 National Alliance for the Mentally Ill www.nami.org The Advocates for Indiv. With High functioning Autism, Asperger’s, & Other Pervasive Developmental Disorders, Corp. (516)-484-8404 www.aha-as-pdd.org/ The Autism Society of America www.autism-society.org Epilepsy Foundation of America www.efa.org (516) 739-7733 ext. 140 American Academy of Child & Adolescent Psychiatry www.aacap.org (202) 966-7300 Conduct Disorders www.conductdisorders.com Sensory Integration Resource Center www.sinetwork.org Educating Parents of Extra Special Children www.icdri.org/Education/educating_parents_of_extra.htm The Council for Exceptional Children www.cec.sped.org (888) 232-7733 ERIC (Educational Resources Information Center) www.eric.ed.gov (800) 538-3742 Learning Disabilities on Line www.ldonline.org Schwab Learning www.schwablearning.org (800) 230-0988 Council for Learning Disabilities www.cldinternational.org (913) 492-8755 NCLD (National Center for Learning Disabilities) www.ncld.org (212) 545-7510 American Academy of Pediatricians School Health Resources www.schoolhealth.org


International Dyslexia Association www.interdys.org (410) 296-0232 local (631) 423-7834 Recording for the Blind and Dyslexic www.rfbd.org (609) 452-0606 Sensory Integration International www.sensoryint.com/ Parent to Parent of NY (631) 493-1716 TRAID Project (516) 378-5089 Nassau Early Direction Center (516) 364-8580 (Birth to 5 years) Commission for the Blind & Visually Handicapped (516) 564-4311 Nassau County Transportation Project (516) 571-3355 (Birth to 5 Years) Big Brother/Big Sister (516) 731-7880 North Shore Child & Family Guidance Center (516) 484-3174 ext. 234 Developmental Disabilities Institute (DDI) (Respite 24 hours/7 days) (631) 696-3378 Genesis School (Plainview) (Respite) (516) 937-1397 Long Island Family Support Consumer Council (631) 434-6104 Camps/Recreation: Town of Oyster Bay (516) 797-7900 Evenings & Weekends GAP (Group Activities Program) Camp Nassau/Suffolk Services for Autistic (516) 579-5087 Ext. 13 ACDS (Down Syndrome & DD) (516) 933-4700 Ext. 169 DDI (Developmental Disabilities Institute) (631) 360-4637 (Age 16 plus) Just Kids (631) 924-0008 United Cerebral Palsy of Nassau (516) 378-2000 WORC, Inc. (516) 327-9561 Ext. 253 Empire State Games (631) 669-1000 Ext. 295 Special Olympics (516) 292-1111 Ext. 608 Little League Challenger (516) 741-6767


PAL (Police Academy League) Special Needs Unit (516) 674-9870 Horse Ability (Horse Therapy) (631) 367-1646 Pal-O-Mine (Horse therapy) (631) 427-6105 Canine Companions (631) 694-6938 www.caninecompanions.org Sid Jacobsen “Y” (Camp Kehilla) (516) 484-1545 Kinderdance of Nassau County (516) 944-0652 Dance Techniques (516) 937-3965 Playorena, Music & More (516) 883-7529 (ages 3 months to 4 years) Camp Helen Keller (631) 424-0022 Camp Loyaltown, AHRC (516) 293-1111 Ext. 608 Camp Pa-Qua-Tuck (631) 878-1070 Summitt Camp (800-323-9908) www.summitcamp.com Books/Magazines/ Special Needs Catalogs: Exceptional Parents www.eparent.com Abilitations www.abilitations.com Sammons Preston www.sammonspreston.com Flag House www.flaghouse.com Ablenet www.ablenetinc.com Safenet Library located in Plainview Old Bethpage Middle School


4. Glossary of Terms

Acronyms: ADA- American’s with Disabilities Act ADD- Attention Deficit Disorder ADHD- Attention Deficit Hyper Disorder AIS- Academic Intervention Services ASD- Autism Spectrum Disorder BOCES- Board of Cooperative Educational Services CP- Cerebral Palsy CPSE- Committee on Preschool Education CSC- Child Study Committee CSE- Committee on Special Education ED- Emotionally Disabled EDGAR- Education Department General Administrative Regulations FAPE- Free Appropriate Public Education FERPA- Family Education Rights and Privacy Act IDEA- Individuals with Disabilities Education Act IEP- Individualized Education Plan LD- Learning Disabled LRE- Least Restrictive Environment OCR- Office of Civil Rights (Dept. of Education) ODD- Oppositional Defiant Disorder OSEP- Office of Special Education Programs (Dept. of Education) OT- Occupational Therapy PDD- Pervasive Developmental Disorder PE- Physical Education PPS- Pupil Personnel Services PT- Physical Therapy SEA- State Education Agency SEPTA- Special Education Parent Teacher Association SETRC- Special Education Training Resource Center SI- Sensory Integration VESID- Vocational and Educational Services for Individuals with Disabilities WIAT Test- Wechsler Individual Achievement Test Terminology:


Accomodations– allows a student to complete the same assignment or test as other students, but with a change in the timing, formatting, setting, scheduling, response and/or presentation. Achievement Tests – a test that measures the extent to which a person has acquired certain information or mastered certain skills, usually as a result of planned instruction or training. Adaptive Physical Education – a special physical education program developed to fit the limits and disabilities of persons with handicaps. Advocate (Advocacy)- an individual who is not an attorney, but who assists parents and children in the dealings with school districts regarding the child’s special education program. Annual Review- an evaluation, conducted annually which may or may not include formal testing, by the Committee of Special Education to review the past school year and plan for the next one. The purpose is to recommend continuation, modification, or termination of the special education services and programs. Apraxia- difficulty sequencing the motor movements necessary for volitional speech. Aptitude Tests - tests designed to measure a person’s ability to learn and the likelihood of success in future school/work or in a specific career. Articulation – refers to the production of speech sounds resulting from the movements of the lips, jaw and tongue as they modify the flow of air. Assessments - Tests Assistive Technology – equipment that enhances the ability of students and employees to be more efficient and successful. (i.e. Tape recorder/Laptop) Behavior Modification – a technique intended to change behavior by rewarding desirable actions and ignoring or “negatively rewarding” undesirable actions. Binocular Fusion – the blending of separate images from each eye into a single meaningful image. Central Auditory Processing Disorder- A person with this disorder typically has normal hearing sensitivity, but experiences difficulty analyzing or making sense of what they hear. Central Nervous System – the brain and spinal cord. Classification- a disability category that most appropriately describes your child. Collaborative Model/Inclusion – a program model in which the special education teacher demonstrates for, or team teaches with the general classroom teacher to help a student with LD be successful in a regular classroom. Cognitive Ability – intellectual ability, thinking and reasoning skills. Confidential File – file maintained by the school. Contains evaluations conducted to determine whether a child is handicapped, as well as any other information related to special education placement. This is a limited access file. Parents do have a right to inspect the file and have copies of any information contained in it. Conceptual Disorder – disturbances in thinking, reasoning, generalizing and memorizing. CPSE- Committee on Preschool Special Education; responsible for children ages 3-5 with disabilities. CSE- Committee on Special Education; responsible for children 5-21 with disabilities.


Decoding – the process of getting meaning from written or spoken symbols. Development Aphasia- a severe language disorder that is presumed to be due to brain injury rather than because of a developmental delay in the normal acquisition of language. Developmentally Delayed – a delay in some aspect of physical or mental development. Disability- a physical, sensory, cognitive or affective impairment that substantially limits one or more of the major life activities. Discrepancy – significant difference. Distractibility – the shifting of attention from the task at hand to sounds, sights and other stimuli that normally occur in the environment. Due Process – the application of law to ensure that an individual’s rights are protected. When applied to children with learning disabilities, due process means that parents have the right to request a full review of any educational program developed for their child. Dysarthria – a disorder of the speech muscles that affects the ability to pronounce words. Dyscalculia- a severe difficulty in understanding and using symbols or functions needed for success in mathematics. Dysgraphia- a severe difficulty in producing handwriting that is legible and written at an age-appropriate speed. Dyslexia- a severe difficulty in understanding or using one or more areas of language, including listening, speaking, reading, writing and spelling. Dysnomia- a marked difficulty in remembering names or recalling words needed for oral or written language. Dyspraxia- a severe difficulty in performing drawing, writing, buttoning and other tasks requiring fine motor skill, or in sequencing the necessary movements. Early Intervention Program – a program specifically designed to assist developmentally delayed infants and preschool children. The purpose of this type of program is to help prevent problems as the child matures. Educational Evaluation – One of the components necessary to determine whether a child is handicapped. The evaluation generally consists of a battery of tests and/or classroom observation and analysis of class work designed to determine the current levels of achievement in areas such as reading, math, spelling, etc. Perceptual abilities and learning style may also be evaluated. Encoding – the process of expressing language. Expressive Language – communication through writing, speaking, and/or gestures. Extended School Year Services- 12 month program Eye-Hand Coordination – the ability of the eyes and hands to work together to complete a task. Fast ForWord- A technology based program that rapidly builds oral and written language comprehension skills. Fine Motor Skills – the use of small muscles for precision tasks such as writing, tying bows, zipping a zipper, typing, doing puzzles. General Education – all education not included under Special Education. Gross Motor Skills – the use of large muscles or activities requiring strength and balance. Examples are walking, running and jumping.


Hyperactivity – disorganized and disruptive behavior characterized by constant and excessive movement. Hyperkinesis – another term for hyperactivity. Hypoactivity – underactivity; a child may appear to be in a daze, lacking energy. IDEA- The Individuals with Disabilities Education Act is a law that states that children with disabilities have the right to a free appropriate public education, including procedural protections and the right to an education that is standards based. IEP (Individualized Education Plan) – a written educational prescription developed for each handicapped (including learning disabled) child. School districts are required by law to develop these plans, in cooperation with parents. Impulsivity – reacting to a situation without considering the consequences. Itinerant Services- support provided by an outside group or agency who comes to the school to provide technology based services, adaptive access support for the visually impaired, support for the hearing impaired, etc. Learning Disabilities – disorders of the basic psychological processes that affect the way a child learns. Many children with learning disabilities have average or above average intelligence. Learning disabilities may cause difficulties in listening, thinking, talking, reading, writing, spelling, or arithmetic. Mainstreaming – the practice of placing handicapped children with special educational needs into regular classrooms for at least part of the children’s school programs. Modifications- the adjustment to an assignment or a test that changes the standard or what the test or assignment is supposed to measure. Multidisciplinary Team – in education, a group made up of a child’s classroom teacher and several educational specialists that evaluates the child’s handicap and prepares an Individualized Education Plan for the child. Multi-Sensory Learning/Instruction - an instructional approach that combines auditory, visual and tactile elements into a learning task. Neuropsychological Examination – a series of tasks that allow observation of performance that is presumed to be related to the intactness of brain function. Orton-Gillingham – an approach to teaching individuals with learning disabilities. The technique stresses a multi-sensory, phonetic, structured, sequential approach to learning. Parent Member- a voluntary member of the Committee of Special Education who also has a child with a disability. Part 200 Regulations- Laws that govern Special Education Perceptual Handicap – difficulty in ability to process and organize as well as interpret information through the senses. Perseveration – the repeating of words, motions, or tasks. Reading Recovery- A highly effective short term intervention of one-on-one tutoring for low achieving first graders. Receptive Language – language that is spoken or written by others and received by the individual. Reevaluations – The school is not required to reevaluate a child more often than once a year, unless the parent and school agree to more frequent evaluations.


The school shall evaluate at least every three years, unless the parent and school agree that a reevaluation is unnecessary. The school must reevaluate if changing educational needs warrant a reevaluation or if the child’s parent or teacher requests a reevaluation. Rehabilitation Act of 1973 – the Civil Rights Act for the Handicapped. The act prohibits discrimination on the basis of physical or mental handicap in all federally-assisted programs. (Section 504 is part of this) Related Services- developmental, corrective and other supportive services as are required to assist a student with a disability. Resource Program (Supplementary Instruction) – a program model in which a student with LD is in a regular classroom for most of each day, but also receives regularly scheduled individual services in a specialized LD resource classroom. School Based Support Team- A group of people (administrator, regular education teacher, special education teacher, psychologist, therapists, etc.) who gather to review information about the children receiving special education services. School Health Services- services provided by a qualified school nurse or other qualified person. Section 504- A civil rights statute designed to eliminate discrimination on the basis of disability in any program or activity receiving federal financial assistance. Some individuals who do not qualify for services under IDEA may receive services and/or accommodations under Section 504. Self-Contained – special class for specific types of handicapped students who spend all or the largest portion of the school day in this setting. Social History- a report of information gathered and prepared by qualified school district personnel pertaining to the interpersonal, familial and environmental variables which influence a student’s general adaptation to school. Special Education – specially designed individualized or group instruction or special services or programs, and special transportation , provided at no cost to the parent, to meet the unique needs of students with disabilities. Standardized Testing – a test that compares a child’s performance with the performance of a large group of similar children. Tactile – having to do with the sense of touch. Transition – commonly used to refer to the change from secondary to postsecondary programs, work and independent living typical of young adults. Also used to describe other periods of major change such as from more specialized to mainstreamed settings. Visual Perception – ability to correctly interpret what is seen.


Specialists Many specialists or professionals may assist you in meeting the needs of your son/daughter with learning differences or learning disabilities. Below is a brief list of some of those specialists along with a simple explanation of the services they provide. Audiologist: assesses hearing acuity and provides services for auditory training; advises on devices for hearing amplification. Collaborative Teacher: a special education teacher who works hand- in-hand (collaboratively) with a regular education teacher to teach a class comprised of regular education and special education students. Consultant Teacher: a teacher who provides direct and/or indirect services to a student with a disability who attends regular education classes and/or to the students regular education teachers. Educational Consultant: individual who may conduct educational evaluations; familiar with school curriculum but may or may not have a background in special education issues. Educational Psychologist: administers and interprets psychological and educational tests, interprets behavior, and consults with parents around educational issues. Educational Therapist: assesses, develops and implements appropriate remedial programs for learning and behavior problems. Neurologist: medical doctor who assesses for potential damage to the brain and may provide medication to assist in enhancing brain function. Neuro-psychologist: psychologist who assesses for possible impaired areas of the brain that might be affecting verbal and non-verbal functions in learning and social skills on the behavioral level. Provides interventions to help maximize cognitive strengths and minimize weaknesses. Occupational Therapist: treats for restoration or improvement of impaired motor or sensory functions in order to improve ability to perform tasks for independent living. Ophthalmologists: physicians who specialize in the diagnosis of the eye and structures related to it.


Optometrists: trained and licensed to examine the test eyes and to treat defects by prescribing lenses and by developing programs of eye exercise. Orthopedists: surgeons who specialize in preserving and restoring the function of the skeletal system, as well as muscles, joints, tendons, ligaments, nerves and blood vessels. Pediatrician: provides medical services to infants, children and adolescents; trained in overall growth and development of these individuals and their motor, sensory and behavioral development. Physical Therapist: skilled in the techniques of treatment to rehabilitate and restore fundamental body movements after illness or injury. PT’s work under the supervision of a physician. Their focus is on large muscle and gross motor activities. Program Specialist: specialist with expertise in at least one of the disabling conditions who provides services of consultation, staff development and program evaluation and innovation. Psychiatrist: medical doctor who specializes in the behavior and emotional aspects of infants, children and adolescents and may prescribe medication as necessary. Psychologist: provides psychological and intellectual assessment and addresses issues relating to an individual’s mental and emotional health. Reading Specialist: specialist who provides expert instruction to learners who differ in language, learning styles, culture, and ability. This person can adapt instruction for diverse learners and provide effective learning strategies and practices for school, staff, and parents. Resource Room Teacher: a teacher who provides specialized supplementary instruction in an individual or small group setting. Speech and Language Specialist: identifies and provides services for children with articulation problems, as well as expressive and/or reception language problems.


Classifications When you have your CPSE/CSE your child will receive a classification if s/he meets the criteria for a specific classification. If your child does not receive a classification they still may be eligible for services under Section 504. (1) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a student's educational performance is adversely affected primarily because the student has an emotional disturbance as defined in paragraph 4 of this subdivision. A student who manifests the characteristics of autism after age 3 could be diagnosed as having autism if the criteria in this paragraph are otherwise satisfied. (2) Deafness means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a student’s educational performance. (3) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness. (4) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance: (i) an inability to learn that cannot be explained by intellectual, sensory, or health factors. (ii) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; (iii) inappropriate types of behavior or feelings under normal circumstances; (iv) a generally pervasive mood of unhappiness or depression; or (v) a tendency to develop physical symptoms or fears associated with personal or school problems.


The term includes schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance. (5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects the child's educational performance but that is not included under the definition of deafness in this section. (6) Learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural or economic disadvantage. A student who exhibits a discrepancy of 50 percent or more between expected achievement and actual achievement determined on an individual basis shall be deemed to have a learning disability. (7) Mental retardation means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance. (8) Multiple disabilities means concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which cause educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness. (9) Orthopedic impairment means a severe orthopedic impairment that adversely affects a student's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputation, and fractures or burns which cause contractures).


(10) Other health-impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems, including but not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, attention deficit disorder or attention deficit hyperactivity disorder or tourette syndrome, which adversely affects a student's educational performance. (11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment or a voice impairment, that adversely affects a student's educational performance. (12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force or by certain medical conditions such as stroke, encephalitis, aneurysm, anoxia or brain tumors with resulting impairments that adversely affect educational performance. The term includes open or closed head injuries or brain injuries from certain medical conditions resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgement, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. The term does not include injuries that are congenital or caused by birth trauma. (13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness."

5. Understanding The Special Education Process


6. Problem Resolution Protocol New York State Education Department PROCEDURAL SAFEGUARDS NOTICE Rights for Parents of Children with Disabilities, Ages 3-21 Parents are vital members of a team called the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) that is responsible for developing an appropriate educational program for your child. You must be given opportunities to participate in the discussion and decision-making process about your child's needs for special education. The following information concerns procedural safeguards - your legal rights under federal and State laws to be involved and make sure that your child receives a free appropriate public education. Procedural safeguards notice must be provided to you one time a year and: upon initial referral for evaluation of your child or your request for an initial evaluation. upon reevaluation of your child. with each notice of a CSE or CPSE meeting. when the school district receives a written notice from you requesting an impartial hearing. when a decision is made to suspend or remove your child for discipline reasons that would result in a disciplinary change in placement. whenever you request a copy. CONSENT There are many times when the school district must notify (tell) you in writing of its proposed (planned) action and ask for your written consent (permission) to carry out this action. Consent means that: you have been informed, in the language you speak or other kind of communication that you understand, of all the information about

the activity for which your permission is asked. you understand and agree in writing to the activity for which your permission is needed. your permission is given freely and may be withdrawn at any time. However, if you withdraw your consent, it is not retroactive (it will not apply to actions already taken by the district). Your written consent will be requested when: your child will be evaluated for the first time by the CSE or CPSE to decide if he or she has a disability and needs special education. your child is recommended to receive special education services and programs for the first time. your child is recommended to receive twelve-month special education services and/or programs during July and August for the first time. your child will be reevaluated. the school district proposes to use your private insurance. In this case, you must be notified that, if you refuse to allow the school district to access (use) your private insurance, the district is still responsible to provide all required services at no cost to you. another agency other than a school requests to review records about your child. The request for consent will include information about the records that will be released and to whom they will be given. you decide to withdraw a referral for special education for your child. NOTICES: Prior Written Notice and Meeting Notice As a parent of a child with a disability or suspected disability, you will receive notices to tell you about proposed special education services, meetings and your rights. Notice is a written statement provided to you in the language you speak or other kind of communication that you understand unless it is clearly not possible to do so. If the language you speak at home (your native


language) or other kind of communication you understand is not a written language, the school district must take steps to make sure that the notice is translated orally or by other means (such as sign language) so that you understand the notice. You have the right to ask for an interpreter, translator or reader for the meetings. In addition to this procedural safeguards notice, you will also receive: prior written notices and notices of meetings. Prior Written Notice Prior written notice is written notice that is given to you a reasonable time before the school district proposes to or refuses to start or change the identification, evaluation or educational placement or the provision of a free appropriate education to your child. Prior Written Notice must include: a description of the action offered or refused by the CSE or CPSE. an explanation of why the school district will or will not take action. a description of any other options (choices) the school district considered and the reasons why those choices were refused. a description of each evaluation, procedure, test, record or report the school district used as a reason to offer or refuse an action. a description of any other factors that are relevant to the district’s decision. a statement that you have protection under the law. This legal protection is called procedural safeguards and they are listed in the procedural safeguards notice. If the procedural safeguards notice is not included with the prior notice, the prior notice will describe the ways you can obtain (get) a copy of a description of the procedural safeguards. sources for you to contact to get assistance in understanding the special education process and your rights. If the prior written notice relates to an action by the school district that requires your consent, the district will give you notice at the same time they request

your consent. You should also receive prior written notice before your child graduates from high school with a local or Regents diploma or before he/she receives an Individualized Education Program (IEP) diploma. Notice of Meetings Whenever the CSE or CPSE proposes to conduct a meeting to develop or review your child’s IEP or to discuss the provision of a free appropriate public education to your child, you must receive a meeting notice. You must receive a written meeting notice at least five days before the meeting unless you and the school district agree to meet within five days or for certain meetings relating to discipline procedures. If the proposed meeting time or place is not good for you, you may call the school district to ask for a change that is good for both of you. If you are unable to attend the meeting, the district can use other ways to encourage your participation. They may call you before a meeting occurs to talk about evaluation results and ask you for information, or they may ask you or you may request to participate in the meeting by telephone or video conference call. A Meeting Notice must include: the purpose of the meeting and the date, time, location and names and titles of the persons expected to attend the meeting. a statement that you have the right to participate as a member of the CSE or CPSE. a statement telling you that you may bring anyone to the meeting who has knowledge or special expertise about your child. a statement of your right to ask the school physician to be at the meeting of the CSE. (This does not apply to parents of preschool children.) You must do this in writing at least 72 hours before the meeting. a statement that you may request in writing that the additional parent member of the CSE or CPSE not participate in the meeting of the CSE or CPSE. if the meeting is a Subcommittee meeting, a statement that you may make a written request to the full CSE if you disagree with the recommendation of a Subcommittee.


for students for whom a meeting will be held to consider transition services, a statement that indicates the purpose of the meeting and that the student will be invited and lists any other agencies that will be invited to send a representative. for preschool students, a statement that you have the opportunity to address the CPSE in writing or in person. YOUR CHILD'S EDUCATIONAL RECORDS You have the right to ask for and read records about your child unless the district has been legally notified in writing that your rights as a parent have been terminated or otherwise limited by a court order. You have the right to ask for and receive explanations and interpretations of the records from your school district. You also have the right to ask that the school district provide you with a copy of your child’s educational records if it is the only way that you can inspect and review the records. The school district may charge a reasonable cost for copies of the records unless the fee prevents you from inspecting or reviewing your child’s records. You may also have someone you select as your representative inspect and review the records. Upon your request, the school district must allow you to review and inspect your child’s records: within a reasonable time. in no case more than 45 calendar days after you ask. before any meeting about your child's IEP. before any due process hearing about your child's special education needs. Personal information about your child may not be released without your consent unless it is: 1. given to school officials or teachers with a legitimate educational interest, State and local educational authorities, or certain individuals designated under federal law. used to meet a requirement under federal law. EVALUATIONS Individual evaluation

An individual evaluation means any procedures, tests or assessments, including observations, given individually to your child to find out whether he or she has a disability and/or to identify his/her special education needs. The term does not include basic tests given to groups of children in a school, grade or class or the screening of your child by a teacher or specialist to determine appropriate instructional strategies (ways to teach the curriculum). The results of the individual evaluation must be shared with you. When the CSE or CPSE has conducted an evaluation to determine your child’s eligibility for special education, you must be provided a copy of the evaluation report and documentation of determination of eligibility. In addition, if you are the parent of a preschool child, the CPSE must also give you a copy of the summary report of the findings of the evaluation. Independent educational evaluation An independent educational evaluation (IEE) of your child means a procedure, test or assessment done by a qualified examiner who does not work for the school district or other public agency responsible for the child’s education. You may get an IEE at district expense if you disagree with the evaluation arranged for by the school district. If you ask the school district to pay for the IEE, the school district may ask, but not require, you to explain the reason why you object to the district’s evaluation. The school district may not unreasonably delay either providing the IEE or initiating an impartial hearing to defend the district’s evaluation. Independent evaluators (outside testers) must meet the same qualifications as school district evaluators and follow the accepted evaluation procedures. You have the right to: obtain an IEE. have the results of the IEE considered by the CSE or CPSE as part of its review and in the development of your child's IEP. have the full cost of the IEE be at district expense. The school district may request an impartial hearing to show that its evaluation


is appropriate or that your evaluation did not follow district criteria. If the impartial hearing officer (IHO) finds that the district evaluation is appropriate, the district does not have to pay for it. receive information about where an IEE may be obtained, the criteria the school district uses when it does an evaluation, and any district criteria regarding the reimbursement of IEEs if you request the district pay for the IEE. have an IEE at district expense if the IHO asks for this evaluation as part of an impartial hearing. have the results of the IEE used as evidence at an impartial hearing. OPPORTUNITY TO PRESENT A WRITTEN COMPLAINT TO THE STATE EDUCATION DEPARTMENT You have the right to submit a written complaint to the New York State Education Department if you believe that your school district has violated procedures under State or federal special education laws and regulations. Your complaint must include a statement that the school district has violated special education law or regulations and include the facts on which you base your statement. You must send the original signed written complaint to: Coordinator, Statewide Special Education Quality Assurance Office of Vocational and Educational Services for Individuals with Disabilities One Commerce Plaza, Room 1619 Albany, NY 12234 The alleged violation must have occurred not more than one year prior to the date of the complaint: unless the violation is continuing; or the complaint is requesting compensation services. This only applies to alleged violations that occurred not more than three years prior to the date of the complaint. A determination must be made within 60 calendar days of receipt of the complaint unless exceptional circumstances exist. SPECIAL EDUCATION MEDIATION

Special education mediation is a voluntary process for you and the school district which all school districts must offer parents as a way to work out disagreements with the recommendations of the CPSE/CSE. Mediation is available to resolve a complaint before or after you request an impartial hearing. You and a person chosen by the Board of Education (BOE) meet with a qualified and impartial mediator from the Community Dispute Resolution Center (CDRC) who helps in reaching agreement about the recommendation for your child. Mediation is at no cost to you. If you decide not to use mediation, someone may call you from the CDRC to talk about the benefits of mediation. You have the right to: 1. mediation by a qualified and impartial mediator from a CDRC. mediation held in a timely manner and at a place that is good for you and the district. have any agreements made during mediation written down. Written agreements are legally binding and are enforceable in court. have discussions that occur during the mediation process be confidential and not used as evidence in any impartial hearing or civil proceeding. Parties to the mediation process may be required to sign a confidentiality pledge prior to the mediation. request mediation or an impartial hearing at any time. IMPARTIAL HEARINGS You or the Board of Education (BOE) may request an impartial hearing relating to the identification, evaluation or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child. An impartial hearing is a formal proceeding in which disagreements between you and the school district are decided by an IHO appointed by the BOE. For school-age children, the school district may request mediation or an impartial hearing when you refuse to give consent for an initial evaluation. If you do not provide consent within 30 days, the school district must provide you an opportunity for an


informal conference to discuss the request for an initial evaluation and the request may be subsequently withdrawn. For three and four year-old children, the school district may not use due process procedures (e.g., mediation or an impartial hearing) if you refuse to give consent to initial evaluation. For school-age children, the school district may use due process procedures (e.g., mediation or an impartial hearing) when you refuse to give consent for a reevaluation of your child but may not request mediation or an impartial hearing if you refuse consent for services. The impartial hearing is at no cost to you (except for your own attorneys' fees). When you request an impartial hearing, the school district must inform you of any free or low-cost legal and other relevant services in the area. (You may request this information at any time). The issue you are filing a complaint about must have occurred not later than two years from the date you knew or should have known about the problem, unless you were prevented from submitting the complaint because the school district misrepresented (led you to believe) that it had resolved the problem forming the basis of the complaint or the school district did not give you information you were required to have. Due Process Complaint Notice: To request an impartial hearing, you must submit a written due process complaint notice to the school district. If the BOE requests the hearing, the BOE must submit the written due process complaint notice to you. Your request for an impartial hearing must be made in writing to the BOE. You or your attorney must also send a copy to the State Education Department. The written due process complaint notice must describe the facts relating to your concerns and a proposed solution (a suggestion you might have to solve the problem if you know of one) and include your child’s name, address (or available contact information in the case of a homeless child) and the name of the school your child attends. In the case of a homeless child or

youth, the form must include available contact information for the child and the name of the school the child is attending. A Due Process Complaint Notice form can be obtained from your local school district to request an impartial hearing. A model form can be found at: http://www.vesid.nysed.gov/specialed/publications/policy/dueprocess7105.htm . You may not have an impartial hearing until you submit a complete due process complaint notice to the school. The school district may ask an IHO to decide if the notice is complete. If the school district is the party requesting an impartial hearing, the school district must provide a complete due process complaint notice to you. You have the right to ask the IHO to rule on the completeness of the notice if you believe the notice the school district gave you does not provide the required information (i.e., is insufficient). You must respond in writing to the issues the BOE raised in the due process complaint notice within 10 days. Resolution Session: Before an impartial hearing can be held, you must meet with the school district in a resolution session meeting. At this meeting you will discuss your concerns and the facts that form the basis of your concerns and try to resolve the complaint. The school district will arrange for the resolution session within 15 days of your request for an impartial hearing. The resolution session must include you as the parent of the child and the relevant member or members of the CSE or CPSE who have specific knowledge of the facts identified in the complaint. Someone from the school district who can make decisions for the school district must also attend. The school district cannot bring their attorney to the resolution session unless you bring an attorney. You and the school district can, at any time, agree to waive (not to conduct) the resolution session and, instead, arrange for mediation to resolve the complaint or to begin the impartial hearing.


If you and the school district agree in writing to resolve the problem, that agreement is a legally binding agreement that is enforceable in court. You and the school district have three business days after the resolution session agreement is reached to change your minds (void the agreement). If the resolution session has not resolved the complaint to your satisfaction within 30 days of the day the school district received a complete due process complaint notice from you, the impartial hearing must begin. Impartial Due Process Hearing At an impartial due process hearing, you have the right to: have and be advised by an attorney and/or by individuals with special knowledge or training about the education of students with disabilities. 2. present evidence and testimony and question, cross-examine and require the attendance of witnesses. receive information, including evaluations and recommendations, at least five business days before the hearing (or three business days in the case of an expedited due process hearing) and to stop such information from being presented that was not exchanged between both parties on time. receive, at your option, a written or electronic word-for-word record of the hearing and word-for-word findings of fact and the decision of the IHO. 5. have the hearing open to the public. 6. have your child present during the hearing. 7. have an interpreter for the deaf or an interpreter fluent in your native language (the language normally used by you), if necessary, at no cost to you. have an impartial hearing conducted at a time and place that is reasonably convenient for you and your child. receive an expedited due process hearing for certain disciplinary decisions. Timelines for impartial hearings: If the school district has not resolved the complaint to your satisfaction within 30 calendar days of the receipt of a complete

due process complaint notice, the impartial due process hearing must be scheduled to begin. The IHO has to make his or her decision no later than 45 calendar days after the initiation of the impartial hearing for a school-age child or 30 calendar days for a preschool child. However, the IHO may extend the time for a specific period at the request of you or the school district. Impartial hearings conducted on matters relating to student discipline have a shorter time period. In these cases, the decision of an IHO must be completed within 15 business days after the receipt of the request for the hearing, provided that the IHO may grant specific extensions at your or the school district’s request. In an expedited impartial hearing, the IHO must mail a written decision to the parties within five business days after the last hearing date, but in no event later than 45 calendar days after receipt of the request, without exceptions or extensions. STATE-LEVEL APPEAL OF IHO DECISIONS The decision made by the IHO is final unless you or the school district ask for a review of the decision of the IHO (called an appeal) by the State Review Officer (SRO). If you want to appeal the IHO decision to the SRO, a Notice of Intention to Seek Review (Form A) must be served on the school district not less than 10 days before the Notice of Petition (Form B) is served on the school district, and within 25 days from the date of the hearing officer's decision. The petition must be served, by hand-delivery, on the school district within 35 days from the date of the hearing officer's decision. If the hearing officer's decision was served by mail on petitioner, the date of mailing plus the four following days must be excluded in computing the 25 or 35-day period. The SRO will: make a final decision within 30 calendar days. The SRO may extend the time beyond the 30 days at the request of you or the school district. The extension must be for a specific time.


mail copies of the written or, at your option, electronic findings of fact and the decision to you or your attorney and the BOE within the 30-day period. Rules for filing an appeal to the SRO can be found at: http://www.sro.nysed.gov/appeals.htm. COURT APPEAL OF SRO DECISION The decision of the SRO is final unless either you or the school district seeks review of the SRO’s decision in either State Supreme Court or Federal District Court within four months from the date of the SRO’s decision. PENDENCY: THE STUDENT’S PLACEMENT DURING DUE PROCESS HEARINGS Pendency, sometimes referred to as “stay-put” or “status-quo” means the educational placement for your child during any impartial hearing or appeal. Pendency for a preschool child Except for expedited impartial hearings for discipline reasons, your preschool child will stay in his or her current placement during any hearing or appeal, unless you and the school district agree in writing to other arrangements. A child who has received early intervention services and is now of preschool age may, during hearings and appeals, receive special education in the same program as the early intervention program if that program is also an approved preschool program. If your preschool child is currently not receiving special education services and programs, he or she may, during any hearings or appeals, receive special education services and programs if you and the school district agree. Pendency for a school-age child During any hearing or appeal, except an expedited impartial hearing or appeal relating to disciplinary procedures, your school-age child will stay in the school placement he or she is in now, unless you and

the school district agree in writing to other arrangements. If the disagreement involves initial admission to public school, you have the right to have your school-age child placed in a public school program with your consent until all proceedings are over. If the due process proceeding concerns consent for an initial evaluation, your child will not be evaluated while the proceeding is pending. A child who received preschool special education services and is now school age may, during hearings and appeals, remain in the same program as the preschool program if that program also has an approved school-age special education program. Pendency during a Court Appeal of SRO Decision If you or the school is appealing a decision of a SRO to a court, pendency is as follows: If a SRO issues a placement decision that agrees with the parents, pendency during any subsequent appeal to a court is the placement decided by the SRO. If the SRO issues a placement decision that agrees with the school district, pendency during any subsequent appeal to a court is your child’s current educational placement. Pendency during an Expedited Hearing for Discipline Reasons Unless you and the school district otherwise agree, when there is an expedited impartial hearing or appeal regarding your child’s disciplinary placement or the decision as to whether your child’s behavior is related to his or her disability (manifestation determination) (see page 9), your child must remain in the disciplinary setting or interim alternative educational setting (IAES) until an IHO makes a determination about placement or until the time period of the disciplinary removal is over. ATTORNEY’S FEES A court may award reasonable attorneys’ fees to the parents or guardian of a child with a disability if they are the party who wins the


hearing. Attorneys’ fees may be lowered if you unreasonably delay an agreement or a decision in the case; if the fees, time spent or services of your attorney exceed reasonable rates; or if you failed to provide the information required when you request a hearing. However, attorneys’ fees will not be reduced if a court finds that the State or school district unreasonably delayed the final resolution of the action or proceeding or there was a violation of your child’s due process rights. Attorneys’ fees may not be awarded: relating to any meeting of the CSE or CPSE unless the meeting is held as a result of an administrative proceeding or court action. for mediation that is conducted prior to the filing of a request for an impartial hearing. for a resolution session. if a written offer of settlement is made by the school district within ten calendar days prior to the proceeding, you do not accept the offer within ten calendar days and the court or hearing officer finds that the decision is not more favorable to the parents than the offer of settlement. A court may also award attorney fees to a school district against you or your attorney if your complaint was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. REIMBURSEMENT FOR PLACEMENT MADE BY PARENTS IN A PRIVATE SCHOOL IF THE DISTRICT FAILS TO MAKE A FREE AND APPROPRIATE PROGRAM AVAILABLE TO THE CHILD A school district is not required to pay for the cost of education of your child at a private school or facility if the school district has made a free and appropriate public education (FAPE) available to your child. However, if you place your child in a private school because you and the school district disagree that an appropriate program has been made available for your child, you have the right to request an impartial hearing to seek reimbursement for the private school placement. If you are the parent of a child who previously received a special education

program and/or services through the school district and you place your child in a private school without the consent or referral of the school district, you may be entitled to reimbursement for the cost of the private placement if you can prove at an impartial hearing or State-level or court appeal that: the school district did not provide your child with a free appropriate public education in a timely manner prior to that enrollment in private school: and the private placement is appropriate to meet your child’s educational needs. An IHO, State review officer or court may find that a parental placement is appropriate even if it does not meet the State standards that apply to education programs provided by the school district or the State. Your reimbursement may be denied or reduced if you do not: inform the school district at the most recent CSE or CPSE meeting you attend that you are rejecting the placement proposed by the school district and state your concerns and that you will be placing your child at a private school at public expense, or provide the school district with written notice at least ten business days (including any holidays that occur on a business day) prior to removing your child from the public school. However, if you are unable to read and cannot write in English; or if providing notice would likely result in physical or serious emotional harm to your child; or if the school prevented you from providing the notice; or if you did not receive the procedural safeguards notice that tells you about this requirement, then the cost of reimbursement may not be reduced or denied because you did not give this notice. If the school district gave you written notice before you removed your child from public school that it wants to evaluate your child, you must make your child available for the evaluation. If you refuse to make your child available, any request for tuition reimbursement may be reduced or denied. If you do not inform the school district or make your child available for the evaluation, or if there are other unreasonable actions on your part, an IHO or court may reduce or


deny the reimbursement of costs of the private school for your child. DISCIPLINARY PROCEDURES The procedures for the discipline of students with disabilities must be in accordance with section 3214 of the Education Law and Part 201 of the Regulations of the Commissioner of Education. While the school has the authority to suspend or remove your child for violating the school’s code of conduct, you and your child have certain rights throughout the process. You have the right: to be notified immediately by telephone, if possible, and to receive written notice within 24 hours of a proposed suspension of five school days or less. The notice should describe the incident, proposed suspension and your child’s rights. You also have the right to request an informal conference with the school principal, which will be held before the suspension unless your child’s presence in school poses a danger (in which case the informal conference can occur after your child is suspended). to receive written notice of your opportunity for a superintendent’s hearing, if the suspension is for more than five consecutive school days, which describes your child’s rights to counsel and to question and present witnesses. for your child to receive alternative instruction during the first ten days of any suspension or removal to the same extent as nondisabled students, if your child is of compulsory school age. for your child to receive education services necessary to enable your child to participate in the general education curriculum and progress toward achieving his or her IEP goals if your child is suspended or removed for more than ten school days in a school year. for your child also to have services to address the behavior that resulted in the disciplinary action if your child is removed to an interim alternative educational setting (IAES).

to have the CSE develop or review and implement a behavioral intervention plan for your child that is based on the results of a functional behavioral assessment, if your child is suspended or removed for more than ten school days in a school year. to a meeting to determine whether your child’s behavior which led to the disciplinary action is related to his or her disability (manifestation determination) when the suspension or removal results in your child being suspended or removed for more than ten school days in a school year (disciplinary change in placement). for your child not to be suspended or removed for behaviors that are determined to be related to your child’s disability, except for suspensions or removals ten school days or less in a school year and for removals to IAES. to challenge, in an expedited due process hearing before an IHO, the determination of the relationship between your child’s behavior that resulted in a disciplinary action and his or her disability (manifestation determination). to challenge, in an expedited due process hearing before an IHO, any placement decision related to discipline. Special Circumstances (Reasons) for Removals to Interim Alternative Educational Settings (IAES) Serious Bodily Injury, Controlled Substances, Illegal Drugs, Weapons: School authorities may remove your child to an IAES for up to 45 school days if your child: has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function; carries or possesses a weapon to or at school, on school premises, or to a school function; or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function. Dangerousness: An IHO may order the removal of your child to an IAES in a dangerous situation (i.e., maintaining the student in the current educational placement


is substantially likely to result in injury to your child or to others). An IAES is a temporary educational placement, other than your child’s current placement, where your child will continue to participate in the general education curriculum and be able to progress toward meeting the goals set out in your child’s IEP. Your child must receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications designed to prevent the behavior from reoccurring. The IAES and services are determined by the CSE or CPSE. If it is determined that your child’s behavior is related to his or her disability, the removal to the IAES cannot be for more than 45 school days. As a parent, you have the right to submit a due process complaint notice to challenge, in an expedited due process hearing, the decision to place your child in an IAES or the manifestation determination. Students with disabilities, students presumed to have a disability for discipline purposes, and students referred for special education while subject to disciplinary action. Students with disabilities: A student who has been identified by a CSE or a CPSE as a student with a disability must be afforded all the due process rights in this notice. Students presumed to have a disability: If you believe that the school district had knowledge that your child was a child with a disability prior to the behavior that resulted in the disciplinary action, you have the right to assert that your child is a student presumed to have a disability. If it is determined that the district did, in fact, have such knowledge, then your child has all the rights and protections in this notice. Students not yet identified as a student with a disability: If you request an initial evaluation of your child during the time period in which your child is suspended or removed for disciplinary reasons, the evaluation must be conducted in an expedited manner (completed no later than 15 school days after

you request the evaluation). The CSE meeting to determine eligibility must be held no later than five school days after the completion of the expedited evaluation. Until the evaluation is completed, your child remains in the educational placement determined by school authorities, which can include suspension.


A Special Education Handbook We are interested in hearing your comments. Please let us know if we have left out any information that you feel would be important to include when we revise this handbook. Please submit your comments, additions, and changes to the SEPTA President at any SEPTA Meeting or to the SEPTA mailbox located in the main office of your school. Thank You Name: Phone#:

September, 2007 Dear Friends of SEPTA,

Welcome to the 2007/08 school year! This letter concerns YOUR membership in an incredibly important school organization – SEPTA. We are the PTA for parents whose children receive special education services (which includes Speech, OT, PT and Resource Room). POB SEPTA brings together, from every school and every special education setting, parents, teachers, relatives, and friends who care about our children. We invite parents of children in kindergarten, elementary, middle and high school, as well as those whose children receive services out of district, in the home, or through early intervention and preschool programs to join us.

Reasons to Join SEPTA:

• You care about children • You care about the quality of education for your child • You believe every individual should enjoy the same rights, the same access

to education, the same opportunity to lead a full and productive life, regardless of disability

• You have a child with special needs • You know a child with special needs • You are ready to make a difference

Become part of the largest child advocacy group in America! All of our children benefit from your membership. Please join SEPTA today. Thank you very much.

Membership: $8.00/person—check payable to POB SEPTA Adult Name(s): ___________________________________________________ Address: ________________________________________________________ Phone #: ________________________________________________________ E-mail: ________________________________________________________ School you or your child is based in: _________________________________ Your child’s name and teacher: _______________________________________

I am a: ____ parent ____ staff member ____ other I would like to make an additional donation of $________ to benefit our children.

Please mail this form & your check to: Kathy Feldman, POB SEPTA, 55 Crescent Drive, Old Bethpage, NY 11804

SEPTA Special Education Parent Teacher Association Plainview - Old Bethpage

SEPTA Handbook 2007 - Plainview · 2011-02-08 · A Parent’s Handbook – SEPTA POB SEPTA...

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