The Special Education Process for Principals · – Special Education School Improvement...

The Special Education

Process for Principals

Regional Contacts• Regional Special Education Technical Assistance Support Centers (RSE-TASC)

631-218-4197

– Coordinator, Vincent Leone

– Regional Special Education Training Specialists, Arlene B. Crandall,

Andrea T. Lachar

– Transition Specialists, Cathy Pantelides, Matthew Jurgens

– Behavior Specialists, Michelle Levy, Gary Coppolino

– Preschool Behavior Specialist, Carolyn Candella

– Bilingual Specialist, Elizabeth DeFazio-Rodriguez

– Nondistrict Specialist, Larry Anderson

– Special Education School Improvement Specialists:

• Nassau – Naomi Gershman, Stefanie DelGiorno, Joane Vincent

• Suffolk – Marjorie Guzewicz, Lisa Boerum, MariLuz Genao

• Special Education Quality Assurance (SEQA)

– Main office number: 631-952-3352

– Nondistrict Unit, main office number: 631-952-3352

• Special Education Parent Centers

– Main office number: 516-589-45622

The Special Education Process for Principals

Foundation

Acronyms & Glossary Terms

Federal &

State Laws

State Performance

Plan

Procedural Safeguards

Notice

Accessible Instructional

Materials

Transition

CSE Process

Child Find

Prereferral/ Referral

Timeline

Membership

IEP:

Forms & Notices

Components

IEP Dissemination and

Implementation

Declassification

Testing Accommodations

Least Restrictive Environment

LRE

Continuum of Service

1:1 Aides

Scheduling

Access to General Education Curriculum

ClassroomAccommodations and Modifications

Assistive Technology

Quality Indicator Tools

Specially-designed

Instruction

Discipline

Part 201

Disciplinary Procedures

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Foundation

Acronyms & Glossary Terms

Federal &

State Laws

State Performance Plan

Procedural Safeguards

Notice

Accessible Instructional

Materials

Transition4

Acronymshttp://www.p12.nysed.gov/specialed/lawsregs/2001-2005-April2012.pdf

• ACCES Adult Career and Continuing Education Services

• ADA Americans with Disabilities Act• ADD Attention Deficit Disorder• ADHD Attention Deficit/Hyperactivity Disorder• APR Annual Performance Report (State report on

SPP performance)• AT Assistive Technology• AU Autism• AYP Adequate Yearly Progress• BIP Behavioral Intervention Plan• CDOS Career Development and Occupational Studies

Learning Standards• CPSE Committee on Preschool Special Education• CSE Committee on Special Education• CT Consultant Teacher• DB Deaf-Blindness• DF Deafness• DOH Department of Health• ECDC Early Childhood Direction Center• ED Emotional Disturbance• EI Early Intervention (Program)• ELL English Language Learner• ESL English as a Second Language• ESY Extended School Year• FAPE Free Appropriate Public Education• FBA Functional Behavioral Assessment• FERPA Family Educational Rights and Privacy Act • HI Hearing Impairment• IAES Interim Alternative Educational Setting• ID Intellectual Disability

• IDEA Individuals with Disabilities Education Act• IDEIA Individuals with Disabilities Education

Improvement Act (December 2004)• IEE Independent Educational Evaluation• IEP Individualized Education Program• IESP Individualized Education Services Program• IHO Impartial Hearing Officer• ILC Independent Living Center• LD Learning Disability• LEA Local Educational Agency• LEP Limited English Proficiency• LOTE Language Other Than English• LRE Least Restrictive Environment• MD Multiple Disabilities• NCLB No Child Left Behind Act, 2002• NYSAA New York State Alternate Assessment• NYSED , P-12 office New York State Education

Department, Office of Preschool-12 Grade• OHI Other Health Impairment• OI Orthopedic Impairment• OMH Office of Mental Health• OPWDD Office for People with Developmental

Disabilities• PD Pupils with Disabilities (PD) data• PWD Preschooler with a Disability• SEIT Special Education Itinerant Teacher• SI Speech/Language Impairment• SPP State Performance Plan• SRO State Review Officer• TBI Traumatic Brain Injury• VI Visual Impairment 5

Federal Laws and Regulations Regarding Individuals with Disabilities

• IDEA (Individuals with Disabilities Education Act) http://www.p12.nysed.gov/specialed/idea

– A federal law governing special education ages 3-21

– First enacted in 1975. Most recently reauthorized in 2004.

– Entitles students to a free appropriate public education

– Establishes the basis for state law and regulations governing student with disabilities

• Part 300 of Federal Regulations Federal regulations implementing IDEA http://www.p12.nysed.gov/specialed/idea/finalregs.htm

• Section 504 of the Rehabilitation Act http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

– Section 504 is a federal Civil Rights Act to ensure nondiscrimination based on disability in federally funded programs.

– Section 504 covers individuals not necessarily covered under IDEA, such as students whose disability does not meet the definition of one of the classifications covered by IDEA.

• ADA (Americans with Disabilities Act) http://www.ada.gov/pubs/adastatute08.pdf

– Civil Rights legislation prohibiting discrimination and ensuring equal opportunity for persons with disabilities in employment, government services, public accommodations, commercial facilities, etc.

– Relates to equal access issues, such as handicap assessable buildings.

• FERPA (Family Educational Rights and Privacy Act) http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

– Governs the confidentiality of education records

• Technology-Related Assistance Act of 1988

– Requires states to develop consumer-responsive programs of technology-related services for individuals with disabilities of all ages.

– Defines assistive technology (AT) device and services.

– These definitions were incorporated into IDEA in 1990, thus, providing AT devices and services would be the responsibility of the LEA if the IEP team deemed them necessary to facilitate appropriate special education services.

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CSE Process

Child Find

Prereferral/ Referral

Timeline

Membership

IEP:

Forms & Notices

Components

IEP Dissemination and

Implementation

Declassification

Testing Accommodations

7

Referral vs. Request for Referral

Referral 200.4(a)(1) Request for Referral 200.4(a)(2)

By Whom Process By Whom Process•Parent of the child

•District designee

•Commissioner or designee of a public education agency with responsibility for educating the student (e.g., Office of Mental Health for a child attending a State operated psychiatric Center Education Program)

•A designee of an education program affiliated with a child care institution with CSE responsibilities (e.g., Article 81 residential programs with a school component)

If received by chairperson, they must notify principal within 5 school days

If received by a principal, immediately notifies the Chairperson

“Date of receipt” = the date received by the committee chairperson or principal, whichever is earliest

Chairperson immediately notifies parent of referral, provides Procedural Safeguards Notice, the Parent Guide to Special Education, prior written notice to conduct an initial evaluation, and requests consent to evaluate

•Professional staff member of the school district

•Licensed physician

•Judicial officer

•Professional staff member of a public agency with responsibility for welfare, health or education of children

•Student who is 18 years of age or older, or an emancipated minor

Requests for referral submitted by persons other than the student or judicial officer must include:

•Reasons for the referral and test results, records, or reports

•Intervention services, programs or methodologies used to remediate the student’s performance prior to referral, or state reasons why no such attempts were made

•Describe the extent of prior parent contact

Upon receiving a request for referral, a school district must within 10 school days, either:

•Request parent consent to initiate evaluation; or

•Provide the parent with a copy of the request for referral; and

•Inform the parent of his/her right to refer the child for an initial evaluation; and

•Offer the parent the opportunity to meet to discuss the request for referral and, as appropriate, the availability of appropriate gen. ed. support services.

Withdrawal of Referral

Principal may request a meeting with the parent, student if appropriate, and referring staff member to determine whether the student would benefit from additional general education support services as an alternative to special education.

Meeting must occur within 10 school days of receipt of referral.

If they agree to withdraw the referral, this must be documented in writing, including alternative interventions to be tried, data to be collected, the duration of the intervention, and a time to review progress.

A copy of the agreement goes to the parent, referring individual, and cumulative education file8

CSE Process TimelineAnnual Review

*Initial evaluation timeline does not apply if parent repeatedly fails/ refuses to produce the student for evaluation.

*Can agree to another evaluation timeline if child moves to another district during evaluation, or if the student is being evaluated for a learning disability

Receipt of parent

consent to initiate

evaluation

‘Clock’ Starts

Evaluation completed IEP developed.Program / services

implemented

As soon as possible, but not later than60 school days from date of consent

Within 60 calendar days*

Within 1 year from meeting

BOE arranges for

approved private school

placement, if applicable

Within 30 school days of receipt of recommendation

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Referral

Date of referral = date written referral is received by CSE chairperson or the building administrator, whichever is earliest.

If received by administrator, they immediately notify CSE chairperson.

If received by CSE, they notify building administrator within 5 school days.

CSE chairperson immediately notifies parent, requests consent to evaluate, and gives prior written notice.

Building administrator may request a meeting with parent to consider other interventions. Meeting must happen within 10 days. They may agree to withdraw the referral. Document agreement, including follow-up meeting date.

If no consent after 30 days, chairperson shall document attempts to obtain consent and shall notify BOE that they may request an impartial hearing to seek permission to evaluate without consent.

Evaluation, Eligibility & Recommendation

Begin evaluation process upon receipt of consent. Prior written notice was given to parent with request for consent to evaluate.

Evaluation must be completed within 60 calendar days of receipt of consent. The 60 days does not apply if the child transfers districts during the evaluation, or if the parent repeatedly fails to make the child available for the evaluation. The timeline may be extended by agreement between parent and district for a child suspected of having a learning disability.

Meeting notice given to parent at least 5 calendar days before CSE meeting.

Hold CSE meeting to determine eligibility and recommendations.

Forward the recommendation to BOE.

Send prior notice to parent of CSE recommendation and evaluation report.

If found to be ineligible, the recommendation shall indicate the reasons for ineligibility. A copy of the recommendation and appropriate evaluation information are provided to the building administrator who determines if support services are appropriate. A copy of the recommendation and the evaluation report is provided to the parent .

IEP Implementation

Within 60 school days of consent to evaluate, the BOE must arrange for services per the IEP.

If recommending an approved private school, BOE must arrange for services within 30 school days of receipt of the recommendation.

If BOE disagrees with recommendation, it may ask CSE to reconvene, or may establish a second committee, but must still implement a program within the applicable timeline.

Parent notified of BOE approval and asked for consent for initial provision of services.

Parent provided copy of IEP.

Teachers and service providers are provided a

paper or electronic copy of IEP, and the Chairperson designates an employee with knowledge of the student to inform them of their responsibilities for implementing the IEP.

Annual Review

The CSE must meet at least annually, but more often if necessary, based upon the student’s performance or request by parent or staff member.

Meeting notice given to parent 5 calendar days before the meeting.

After annual review, provide prior written notice of recommendation and copy of new IEP to parent.

An IEP must be in place at the start of each school year.

After the annual review, the IEP may be amended without a meeting by mutual agreement between parent and district. Amendment must be documented and provided to parent and district staff responsible for implementing the IEP.

Amending the IEP by written agreement without meeting during the course of the year does not eliminate the requirement for an annual review.

Reevaluation

The student must be reevaluated at least once every 3 years, but more often if necessary, based on student’s performance.

Not more than once per year, unless agreed to by parent and district.

Reevaluation requires parental consent, unless the district can document it has attempted to get consent and the parent didn’t respond.

Parent and CSE may agree in writing that the reevaluation is not needed. Document agreement and establish date for next reevaluation.

District must complete and consider a reevaluation prior to declassifying a student.

Committee must meet to discuss the reevaluation results. This meeting may be consolidated with other committee meetings. If consolidating meetings, the meeting notice must indicate the dual purpose of the meeting.

CSE Process Timeline

Testing Accommodationshttp://www.p12.nysed.gov/specialed/publications/policy/testaccess/policyguide.htm

The principal promotes the expectation at the school building level that students with disabilities arecapable learners who will participate and succeed in all local and State testing programs. The principalin each school is responsible for:

• implementing the school district’s policies that provide equal access to instructional andassessment programs for all students;

• ensuring that testing accommodations are consistently and appropriately implemented during theadministration of local and State assessments and classroom quizzes and tests, as specified ineach student’s IEP/504 Plan; and

• exercising professional discretion, on an emergency basis, in allowing certain testingaccommodations for a student who incurs a disability shortly before the administration of a Stateexamination, without sufficient time for the development of an IEP/504 Plan.

Building principals should also be familiar with the policies and procedures included in the SchoolAdministrators Manuals distributed by the Office of State Assessment for the following testing programs:

• Elementary and Intermediate-Level Tests, and

• Regents Examinations, Regents Competency Tests and Proficiency Examinations.

These publications address general requirements for the administration of the various Stateassessments, as well as special considerations for students with disabilities and students who havelimited English proficiency.

Test Access and Accommodations for Students with Disabilities

Policy and Tools to Guide Decision-Making and Implementation (May 2006) 11


Least Restrictive Environment

LRE

Continuum of Service

1:1 Aides

Scheduling

12

SERVICE PURPOSE FREQUENCY DURATION LOCATION GROUPING, CLASS SIZE and

CASELOAD Provided By

Related Services

Developmental, corrective and other supportive services. Common related services include, but are not limited to: speech-language, counseling, occupational therapy, physical therapy, assistive technology services, school health services, interpreting services, school nurse services, audiology services Does not include a medical device that is surgically implanted, optimization of that device’s functioning, maintenance or replacement of the device May provide more than one related service, or related services in combination with other regular or special education programs

IEP must specify how often each service will be provided during a particular time period- e.g., number of times per day, or week

IEP must specify the duration of each related services session

IEP must specify location where services will be provided.

May be provided individually or in a group. Maximum group size is 5 – specified on IEP if group size less than 5 is recommended Speech and language therapy maximum caseload is 65. Except: In the city school district of the city of New York, a variance of up to 50 percent rounded up to the nearest whole number from the maximum of five students per teacher or specialist is authorized by State law and regulation.

Appropriately certified providers

Consultant Teacher Direct or Indirect

Direct: to aid the student to benefit from the general education class instruction Indirect: to assist the general education teacher in adjusting the learning environment and/or modifying his/her instructional methods to meet the individual needs of the student with a disability who attends the general education class

IEP must specify how often service will be provided during a particular time period- e.g., number of times per day, or week.

Minimum- two hours per week, in any combination of direct and/or indirect CT services

Direct: MUST be provided in the classroom, NOT pull out. IEP must identify the class subject (s) where consultant teacher service will be provided. Indirect: The general education class taught by the teacher receiving the consultation

Individual or group basis (based on similarity of need) Caseload- 20 students Can request variance for over 20.

Certified Special Education Teacher Certified Reading Teacher for students grouped for reading needs

Consultant Teacher in combination with Resource Room

To meet the needs of a student who could benefit from the two types of services, but who does not need two hours per week of Consultant Teacher and three hours per week of Resource Room


Minimum- three hours per week (Combination Resource Room and Consultant Teacher)

Consultant Teacher- same as above Resource Room

Consultant Teacher- same as above Resource Room- instruction group maximum size of 5 students – specified on IEP if group size less than 5 is recommended Total caseload- Grades 1-6, 20 students Grades 7-12, 25 students


School-Age Continuum of Services Synopsis

For additional information see: Section 200.6, www.p12.nysed.gov/specialed/publications/lawsandregs/sect2006.htmContinuum of Special Education for School-Age Students with Disabilities, April 2008 Memorandum,

www.p12.nysed.gov/specialed/publications/policy/schoolagecontinuum.html

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School-Age Continuum of Services Synopsis

SERVICE PURPOSE FREQUENCY DURATION LOCATION GROUPING, CLASS SIZE and CASELOAD Provided By

Resource Room

To provide specialized supplementary small group instruction. This supplementary instruction is provided in addition to the general education or special education classroom instruction that the student receives. It is not provided in place of the student’s regular instruction.


Minimum- three hours per week Maximum- 50% of school day

Resource Room or push-in to the general education classroom, provided that the resource room teacher provides supplemental instruction (see “purpose” column)

Students grouped by similarity of need.

Instructional group maximum of 5 students– specified on IEP if group size less than 5 is recommended Total caseload- Grades 1-6, 20 students Grades 7-12, 25 students Except: New York City only may increase the number of students in a resource room program up to a maximum of eight students to one teacher; and may increase the maximum number of students with disabilities assigned to an elementary school resource room teacher to 30; and to a multi-level middle or secondary school program resource room teacher to 38.

Certified Special Education Teacher

Certified Reading Teacher for students grouped and in Resource Room for reading needs

Integrated Co-Teaching

The provision of specially designed instruction and academic instruction provided to a group of students with disabilities and non-disabled students. The responsibility for planning, delivering and evaluating instruction for all students is shared by the general and special education teachers. Districts may choose to include integrated co-teaching in its continuum of services.

IEP must specify how often service will be provided during a particular time period- e.g., number of times per day, or week. Does not have to be daily (e.g., 3 days per week)

May be provided for all or part of the school day (e.g., a class period)

General education class(s) where integrated co-teaching will be provided.

Students grouped based on similarity of needs.

Maximum number of students with disabilities on the class roster for integrated co-teaching is 12. The roster of 12 students includes any student with a disability in that class regardless whether all 12 are recommended for integrated co-teaching. No regulatory maximum number of non-disabled students, but the number of non-disabled students should be more than or equal to the number of students with disabilities.

Certified General Education Teacher and certified Special Education Teacher

Special Class

To provide primary instruction that is specially designed to meet the similar needs of a group of students in a self-contained setting, separate from their non-disabled peers.


All or part of the school day

Special Class NOT in the general education classroom

Grouped based on similarity of needs.

Must include class size ratio in the IEP. 15:1 Specialized instruction 12:1+1 Management needs interfere with Instructional process 8:1+1 Intensive management needs 6:1+1 Highly intensive management needs 12:1+(3:1) Severe, multiple disabilities

Age Range in Special Class • For students less than16 years of age the age range shall not

exceed 36 months


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Guidelines for Determining a Student with a Disability’s Need for a One-to-One Aidewww.p12.nysed.gov/specialed/publications/1-1aide-jan2012.pdf

Each decision to recommend a one-to-one aide must weigh the factors of both (1) the student’s individual needs and (2) the available supports in the setting where the student’s IEP will be implemented. There are a number of important considerations that must be made by the CPSE/CSE in regard to each of these factors. These include, but are not limited to, consideration of each of the following :

• What are the needs of the student which necessitate the assignment of a 1:1 aide?

• What skills and goals must the student achieve to reduce or eliminate the need for a 1:1

• What are the potential benefits of the assignment of a 1:1 aide?

• What is the potential negative impact of assignment of a 1:1 aide?

• What role will 1:1 aide fulfill (e.g., instructional; behavior support; personal hygiene assistance)?

• For what specific activities (e.g., toileting) and/or times of day (e.g., transition to and from the bus) is the aide needed?

• What qualifications of the individual (i.e., teaching assistant or teacher aide) are necessary to meet the needs of the student?

• What is the plan to monitor the student’s progress toward the goals to be addressed by the assignment of the one-to-one aide and the student’s continuing need for the one-to-one ?

• What is the plan for progressively reducing the support provided to the student and his or her dependence on an aide over time?

• If student’s one-to-one aide is absent, who will cover in order to ensure the student receives the recommended IEP services of the one-to-one aide or how will substitute staff support be arranged?

• Who/how will one-to-one aide have access to a copy of the student’s IEP, and be informed of his or her responsibilities for IEP implementation for the student?

• What, if any, professional development and supervision will aide need to carry out these responsibilities?

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Access to General Education Curriculum

ClassroomAccommodations and Modifications

Assistive Technology

Quality Indicator Tools

Specially-designed Instruction 16

Specially-designed Instruction: means adapting, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction to address the unique needs that result from the student’s disability; and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards that apply to all students. Section 200.1(vv) of the Regulations of the Commissioner of Education

• Specially-designed instruction encompasses a variety of provisions for students with disabilities in order to meet their individual needs. Some examples are:

– Accommodations

– Modifications

– Specialized equipment

– Adaptive technology

– Strategy instruction- explicitly planned and delivered

– Analysis of tasks

– Instruction based on student gaps

– Pre-teaching/ re-teaching

– Scaffolding

– Development of metacognitive strategies17


Discipline

Part 201


18

Part 201 Regulations of the Commissioner of EducationProcedural Safeguards For

Students with Disabilities Subject to Discipline

• 201.1 Purpose

• 201.2 Definitions

• 201.3 CSE responsibilities for functional behavioral assessments and behavioral intervention plans (FBA/BIP)

• 201.4 Manifestation determinations.

• 201.5 Students presumed to have a disability for discipline purposes

• 201.6 CSE responsibilities for expedited evaluations

• 201.7 General procedures for suspensions and removals of students with disabilities

• 201.8 Authority of impartial hearing officer to order a change in placement to an interim alternative educational setting (IAES) in a dangerous situation

• 201.9 Coordination with superintendent's hearing and other due process procedures applicable to all students

• 201.10 Provision of services during suspensions

• 201.11 Expedited due process hearings

http://www.p12.nysed.gov/specialed/lawsregs/part201.htm 19


• Suspension 5 school days or less:

– Written notice and phone call

– Right to request an informal conference

• Suspension in excess of 5 consecutive school days:

– Written notice

– Fair hearing with Superintendent

– Alternative education

Due Process Protections for ALL Students:

Additional Protections for Students with Disabilities:

• FAPE– Whenever the student is removed for

more than 10 days in a school year• Requirements for removals to an IAES

– Illegal drugs and/or controlled substances

– Weapons– Serious bodily injury– Dangerousness (IHO removal)

• Manifestation Determination– Whenever there is a disciplinary

change in placement

• Functional Behavioral Assessment/Behavioral Intervention Plan

– Whenever there is a manifestation (relationship) between the behavior and the student’s disability

• Expedited due process hearing– pendency

• Protections for students “presumed to have a disability”

– Same protections apply

• Expedited evaluations

– For non-disabled students who were referred for an evaluation during the time of suspension 20

Make a note of who your “go to” person is within your district for additional information.

________________________________________________________________________________________________________

Things to Remember…_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________What collaboration do I need to develop within my district?_______________________________________________________________What does that look like? (Purpose)_______________________________________________________________State vetted training topics: (Highlight any training you are interested in yourself/staff attending and contact your Regional Trainer for more information.)

• CPSE/CSE Chairpersons• IEP Development• Parent Member of CPSE/CSE• Assistive Technology and Accessible Instructional Materials• Educational Benefit

• Transition Assessments• Transition in the IEP• IEP Forms and Notices• Testing Accommodations• Transition for Families

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ResourcesSchool Administrator’s Manuals distributed by the Office of State Assessment for:

• Elementary and Intermediate-Level Tests - http://www.p12.nysed.gov/assessment/

• Regents Examinations, Regents Competency Tests, and Proficiency Examinations-http://www.p12.nysed.gov/assessment/

Office of State Education’s IDEA 2004 page: http://www.p12.nysed.gov/specialed/idea/home.html

Office of State Education’s Laws and Regulations page: http://www.p12.nysed.gov/specialed/publications/lawsandregs/home.html

Office of State Education’s State Performance Plan page:

http://www.p12.nysed.gov/specialed/spp/home.html

Office of State Education’s Alternate Assessment page: http://www.p12.nysed.gov/assessment/nysaa/

Response to Intervention Guidance for New York State School Districts: October 2010:

http://www.p12.nysed.gov/specialed/RTI/guidance/cover.htm

Test Access & Accommodations for Students with Disabilities - Policy and Tools to Guide Decision-Making and Implementation -http://www.p12.nysed.gov/specialed/publications/policy/testaccess/policyguide.htm

Guide to Quality Individualized Education Program (IEP) Development and Implementation - February 2010 - http://www.p12.nysed.gov/specialed/publications/iepguidance/IEPguideDec2010.pdf

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