Pelham Union Free School District
District Special Education Plan
December 2012
Table of Contents
District Vision and Introduction
pg…….. 3
Program Overview
pg…….. 4
Guiding Principals
pg…….. 5
Description of the Nature and
Scope of District Special Education Programs
pg…….. 6
BOCES Programs
pg…… 11
Estimated Special Education
pg…… 12
Program Budget
Methods Used to Evaluate Special
pg……13
Education Program
Appendix A: Relevant Board Of Education
pg…… 14
Policies
Appendix B: Contact Information
pg…… 53
District Vision
The Pelham school community, comprising The Board of Education, administrators,
teachers, school staff, parents, students and community members, has high expectations
and standards for all students.
The Pelham school community challenges and inspires its students to become creative
and critical thinkers who make ethical choices, to work both independently and
collaboratively to solve problems, to become life-long learners and responsible citizens
in a democratic society, and to be prepared for the demands of a highly technological
and global community.
The Pelham school community challenges and inspires its students to become creative
and critical thinkers who make ethical choices, to work both independently and
collaboratively to solve problems, to become life-long learners and responsible citizens
in a democratic society, and to be prepared for the demands of a highly technological
and global community.
The Pelham school community celebrates diversity, fosters a sense of belonging for all
children and emphasizes the importance of contributing to the greater community.
The Board of Education, administrators, teachers, school staff, parents, students and
community members all share the responsibility for public education in Pelham.
The Pelham school community is dedicated to continuous improvement and is committed
to maintaining the flexibility necessary to anticipate and respond to a changing world.
Introduction
The Pelham Union Free School District is committed to educating students with
disabilities within its own schools, whenever appropriate. The Committee on Special
Education and the Committee on Preschool Special Education shall recommend
programs and/or services which provide for a free and appropriate public education
(FAPE) based on the individual learning needs of the student. All school aged students
with disabilities shall be provided the opportunity to participate in the curricular and
extracurricular programs of the district.
Overview
The Commissioner’s regulations Part 200.2 c of the Regulations of the New York State
Commissioner of Education require that each school district Board of Education shall
prepare biennial special education plans. Each plan shall include, but not be limited to,
the following:
•
A description of the nature and scope of special education programs and
services currently available to students and preschool students residing in the
district:
•
Identification of the number and age span of school aged students and preschool
students to be served by type of disability and recommended setting;
•
Methods to be used to evaluate the extent to which the objectives of the program
have been achieved;
•
The policies and practices of the Board of Education to the continual allocation of
appropriate space within the district for special education programs that meet the
needs of students with disabilities
•
The policies and practices of the Board of Education to ensure that appropriate
space will be continually available to meet the needs of resident students in
BOCES special education programs.
•
The estimated budget to support such a plan.
•
The District will provide pre-referral strategies and supports, including
modification and alternative instructional approaches for all students in order to
address the student’s needs prior to referral to the Committee on Special
Education (CSE).
•
Pupil Personnel staff will provide strategies and interventions to support students
in the general education learning environment through collaboration, staff
development, and consultation.
•
The District will provide special education services that meet the individual needs
of the child, are developmentally appropriate, and strength based.
•
Services are planned in collaboration with all child serving systems involved with
the child.
•
The child’s family is the primary support system for the child and participates in
all stages of the decision making and planning process.
•
Student data will be used to inform and improve instruction.
•
Related services provided to special education students will be educationally
relevant, evidence-based, and will support the student’s learning while provided
in a manner least disruptive to the student’s overall progress in his program
•
Administrators, general education teachers, special education teachers, related
service providers, and paraprofessional staff are supported in developing the
knowledge, skills, and attitudes to design learning environments and instruction
to meet the needs of diverse learners, including students with disabilities.
•
The District will encourage involvement and support for parents of students with
disabilities.
•
The District will facilitate the transition from high school to post secondary
education programs or to employment.
•
The District will continue to assess the efficacy of our district special education
program in meeting the needs of the students.
•
The District will assess and implement innovative options for serving student with
disabilities, which reflect current research on effective practices
Description of the Nature and Scope of District Special
Education Programs and Services
Overview
The Pelham Public School District is committed to providing special education and
related services to students with disabilities through a continuum of service delivery
models that offer these services in the least restrictive environment and in an integrated
setting with non-disabled peers.
Our district programs stress access to the general education curriculum, improvement in
student academic performance, and meeting the individual academic and affective
needs of students. Through a strong collaborative relationship among professional staff,
administrators, parents, and students, we strive to achieve our goals and provide a
well-coordinated learning experience for our students with disabilities.
In District Programs
The school system maintains a core staff in each building to address student needs.
Called “Pupil Personnel Services,” this support includes areas such as health, speech,
special education, guidance and psychological services. The Pelham Schools offer
comprehensive special education programs for students who require alternative
instructional support, based upon a disability identified by the Committee on Special
Education. Our schools offer a continuum of programs including: Resource Room,
Consultant Teacher, Special classes, and Inclusion classes.
Related Services
Related services currently provided within the district include speech and language
therapy, psychological services, occupational therapy, and physical therapy. Additional
related services could include Teacher of the Deaf/Hard of Hearing or Teacher of the
Visually Impaired. These services are provided to students with disabilities in
conjunction with their special education and/or general education programs. The related
service professionals address knowledge and skills, which are not typically included in
subject area curriculum. The goal of the district is to provide these services through
district personnel, whenever practical.
Consultant Teacher Services
Consultant teachers provide direct and indirect services to students with disabilities who
participate in full-time general education programs. Direct consultant teacher services
are provided to students in a general education classroom. A special education teacher
provides indirect consultant teacher services to general education teachers to assist
them in making environmental and/or instructional modifications for students with
disabilities in order for these students to be successful learners. They serve as a
specialized, highly skilled resource to the general education teacher.
Resource Room Services
A resource room program provides specialized supplementary instruction in a small
group setting of up to five students who have similar academic, social, physical, and
Resource Room/ Consultant Teacher Services
Beginning with the 2007-2008 school year, the state has allowed districts to offer a
combination Resource Room/ Consultant Teacher program to students. The service is
ideal for students who do not require the full three-hour per week of pullout service in a
Resource Room, but could instead benefit from direct instruction and special teacher
support. The program is offered as a combination Resource/ Consultant model for a
total of 3 hours in a 6-day cycle.
Integrated Co-Teaching
Districts use the terminology “integrated co-teaching,” consistent with the regulatory
requirements, so that the level of services provided to a student is clear and consistent
among school districts. Integrated co-taught classes are programs in which the special
education teacher co-teaches with the general education or content area teacher in the
general education classroom. The special education teacher offers more intensive
support than in the consultant teacher model, including developing modified materials,
instructional techniques and behavioral strategies.
In several classes at the high school and at the middle school levels, co-taught classes
are available and have been particularly effective for students who in the past may have
been taught in a separate special class setting. A combination of special class and
integrated co-taught classes are available in select elementary schools, which are
offered strictly on facility space availability. The integrated co-teaching model is proving
to be effective for many students each year, including students enrolled in Regents level
courses in grades 8 through 12.
Special Class Services
A special class provides primary instruction in one or more academic areas. The
maximum class size for a special class program ranges from six to fifteen students. In
the Pelham Schools, the majority of special classes have an enrollment of up to twelve
students. Special classes are typically staffed by one teacher and at least one teaching
assistant. Students are grouped together for special class instruction based on the
similarity of their needs. Grouping by needs is based on present levels of academic
achievement and learning rate, levels of physical and social development, and the
management needs of students in the classroom. Students are mainstreamed in
specials and, when appropriate, specific academic classes at the elementary level. At
the middle school level, special classes are offered in several of the core academic
areas based on student need. Students are mainstreamed for specials/electives and
various academic courses. Special class offerings have expanded in the middle and
high school in recent years, to allow increased numbers of Pelham students to be
educated within the district.
Supplemental Services
It is important to note that there are times that students need reteaching of class
material, support to remain on task, or organizational assistance for short and long term
class assignments. Such students may not require an integrated co- taught class in
which a certified special education teacher must be in attendance. Teacher assistants
and school monitors are employed to meet these specific student needs at various times
during the school day. These staff members may assist in delivering testing and
program accommodations for one or more class periods.
Districts in Westchester County have seen a surge in the identification of students with
autism and autism-related disorders. Students formally placed in our elementary
classes, and out of district placements, have been identified with “qualitative
impairments in social interaction.” These students require a class with a smaller teacher
to student ratio, with specific prescribed methodologies. While no two persons who have
autism will behave in quite the same way, we believe this group formed the critical mass
needed to warrant operating our own K-2 Autistic Class beginning with the 2006-2007
school year. A K-2 class and a grade 3-5 class were implemented for the 2009-2010
school year. Both classes continued for the 2010-2011 school year. Population trends
dictated expanding the scope of the K-2 class for 2011-2012 to include students with
multiple disabilities; a trend that will continue for the 2012-2013 class.
Therapeutic Support Program (TSP)
Each year students are identified in Pelham at the Middle and High School level who
need a more structured, organized form of instruction, with supervised mainstreaming to
support their emotional needs. The TSP (Therapeutic Support Program)
in the high
school was opened in September 2006 to allow Pelham students to remain in the
PMHS. These students have been successful in Pelham High School, with the support
of additional psychological services, highly trained staff and supportive administration.
Students have graduated and are currently attending college programs, as a result of the
TSP initiative. The high school program will continue for the 2012-2013 school year.
Similar needs had become evident in the Pelham Middle School, resulting in the
implementation of a TSP program for middle school students for the 2010-2011 and
2011-2012 school year. The Middle School TSP program in 2012-2013 has been
modified to meet the needs of the current student body.
Foundations of Learning
The Foundations of Learning is a specialized program which had been historically
offered in the Prospect Hill School and Pelham Middle School in past years. It was fully
implemented in the Pelham Memorial High School for the 2008-2009 school year.
Students are accepted into the program based on educational needs, yet not a specific
classification. Students work toward alternative learning standards based upon the NYS
Curriculum and their own individual differences. Students are typically struggling with
basic academic or communication skills and may exhibit mild behavioral demands.
Implementation of Response to Intervention Programs
An important educational strategy to close achievement gaps for all students, by
preventing smaller learning problems from becoming insurmountable gaps is called
Response to Intervention (RtI). The district is engaged in the implementation of
response to intervention (RtI) programs in its schools. RtI is a multi-tiered, problem
RtI program consistent with the specific structure and necessary components of the
model. An RtI Leadership Team has been actively working with school principals and
staff members throughout the 2009-2010, 2010-2011 and 2011-2012 school year. Full
implementation of RtI for grades K-5 was implemented on July 1, 2012.
Committee on Preschool Special Education (CPSE)
The District is interested in locating local preschool children who may require planning
for special education services. If a parent or guardian suspects his or her child has a
disability or delay, they should contact the office of their neighborhood elementary
school to register the child. Once registered, the parent may send a letter to the Office of
Pupil Personnel Services, 18 Franklin Place, Pelham, NY 10803 to request that the child
is evaluated by the Committee on Preschool Special Education. The Chairperson of this
committee is Lauren Ribeiro. She may be reached at 738-3434, ext 1152 for further
information.
Committee on Special Education (CSE)
When a student is suspected of having a disability, a referral is made to the Committee
on Special Education (CSE). A referral may be made by a parent or guardian, a teacher,
physician, judicial officer or designee of a public agency with responsibility for the
welfare, health, or education of the child, or by the student who is 18 years or older. The
student is evaluated by a multidisciplinary team to determine eligibility as a student with
a disability. Parents are members of the Committee that makes recommendations
regarding their child. Referrals can be made in writing to the Office of Pupil Personnel
Services, 18 Franklin Place, Pelham, NY 10803. For further information contact
Rosemary Matthews, Director of Special Education or Lauren Ribeiro, CPSE/CSE
Chairperson at 738-3434, ext. 3.
Psychology Services
School psychologists assist the educational staff in evaluating student learning and
related problems. The psychologists work with students and parents and refer them to
appropriate counseling agencies as needed.
Speech and Language Services
The Pelham Schools offer speech and language services to students who have
significant receptive or expressive language delays. Therapists assist in the identification
and instruction of children requiring these services.
School Counseling Services
The counseling programs for middle and high school students are proactive. Small group
outreach programs target both social and academic concerns. Post secondary goals
also are a major focus for PMHS counselors.
Counselors work with families, administration, outside agencies, the District Special
Education Office and Section 504 Committee to ensure that students’ needs are met.
Students and parents may contact counselors at any time by making an appointment
with the Counseling Office.
Individuals participating in an instructional decision-making team have a broad
understanding of interventions and are highly skilled in data analysis, problem solving
and decision making in support of improving instructional programs for students. The
Response to Intervention Team is a collaborative building-based team which may
include the principal, school psychologist, a regular education teacher, a special
education teacher, speech and language therapist, reading teacher and other support
staff. Using a problem solving approach, the team will create effective intervention plans
for students who are not meeting learning standards and/or are exhibiting learning or
behavioral differences. If the proposed interventions do not work, the child may then be
referred for testing and special education services. Parents and family members are an
essential part of an effective RtI model. The Response to Intervention (RtI) process and
team can be used as part of the process to determining a learning disability; however,
the process does not preclude parents from referring their child to the Committee on
Special Education (CSE) at any point.
Special Public and Private Day or Residential Schools
The majority of students with disabilities are educated in Pelham special education
programs; however, students with more intensive specialized needs may require a
different educational setting. Pelham utilizes the Board of Cooperative Educational
Services (BOCES) special education programs as well as other public school districts’
special education programs. A small number of children are also educated in private
day or residential schools.
BOCES Programs
Project AIIM – Applied Intensive Intervention Model
Project AIIM (8:1:2) provides a highly structured, district-based or site based program
designed primarily for students with autistic spectrum disorders. Structured teaching and
District-based classes are designed to meet the academic and emotional needs of
students who are cognitively gifted, as well as learning disabled or mildly to moderately
emotionally disabled. This is a mainstream educational program providing support to
students to maximize their ability to earn a Regents Diploma.
Communication Development
This comprehensive program concentrates on the acquisition and development of
language, communication, social and academic skills, using a multi-disciplinary
approach. Related services include speech and consultant psychologist.
Multiply Disabled Students
A comprehensive educational team existing within a highly structured environment
addresses the communication, sensory-motor needs and social skills of student with
multiple disabilities. Student-Teacher ratio is 12:1:4.
Therapeutic Support
These programs are offered at elementary, middle school and high school levels. These
8:1:1 programs enable students with a range of academic abilities and severe
emotional/behavioral challenges to develop the necessary skills to function successfully
in home, school and community environments. Programs are offered in district-based,
community-based and center-based settings.
Estimated Budget Used to Support Special Education
Services
Methods Used to Evaluate Program Objectives
The methods to be used to evaluate the extent to which the objectives of the district programs and
services for the disabled have been achieved include:
a. Utilization of the Annual Review process to establish that individual goals and objectives are
met.
b. Review of Annual Review testing to evaluate growth over time for the student.
c. Yearly review of District report of school age students with disabilities exiting special
education
d. Yearly review of State Education Department reports to monitor emerging trends and areas
for possible improvement.
e. Assessment of the education and/or vocational outcomes of student with disabilities who have
graduated.
f. Yearly review of standardized testing results and the results of State mandated test of
achievement, as available.
Appendix A. PUFSD Board of Education Policies and
Procedures
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SUBJECT: CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES
The Board of Education is committed to ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with the provisions of Commissioner's Regulations Section 100.5. However, when necessary, the District may award high school individualized education program (IEP) diplomas to students with disabilities.
High School Diplomas
Students pursuing either a Regents or a local high school diploma must acquire a certain number of units of credit in specified courses and also meet subject sequence requirements. Students with disabilities shall be provided access to the required courses and testing programs needed for graduation with these awards. Regents Diploma Requirements
To earn a high school Regents diploma, all students need to take and pass five (5) specific Regents examinations with a score of 65 or higher and earn twenty-two (22) units of credit. The required Regents Examinations are English, Mathematics, Science, Global History and Geography, and U.S. History and Government.
High School Individualized Program (IEP) Diplomas
Each individualized education program (IEP) diploma awarded shall be accompanied by a written
statement of assurance that the student named as its recipient shall continue to be eligible to attend school until the student has earned a high school diploma or until the end of the school year of such student's twenty-first (21st) birthday, whichever is earlier.
The Superintendent shall report to the State Education Department, within fifteen (15) days after the June graduation, the total number and the names of the students awarded IEP diplomas that school year.
Students with Disabilities Entering Grade 9 Prior to September 2011
Student with disabilities who first enter grade 9 prior to September 2011 may earn credit toward a Local Diploma by:
a) Achieving a score of 55-64 on any or all Regents Examinations required for graduation (English, Mathematics, Science, Global History and Geography, and/or U.S. History and Government); or b) Passing the corresponding Regents Competency Test (RCT) of a failed required Regents
Examination.
The District may administer the Regents Competency Test (RCT) before or after the Regents
examination, but in all cases the student MUST take the required Regents examination in order to earn the local diploma.
The Regents Competency Test (RCT) exams shall remain available until the student graduates or reaches the age of twenty-one (21). This provision of law applies only to students with disabilities who are entitled to attend school pursuant to Education Law Section 3202 or 4402(5).
Students with Disabilities Entering Grade 9 After September 2011
The option to take the Regents Competency Test (RCT) will not be available for any students entering grade 9 beginning in September 2011 and thereafter. The student's grade level is based on the grade in which the student was enrolled during the school year (September to June) prior to September 2011. While the Regents Competency Test (RCT) safety net ends with the class of students that entered grade 9 during the 2010-2011 school year, the local diploma option remains available to all students with disabilities provided they earn a score of 55-64 on one (1) or more required Regents examinations.
Information regarding graduation requirements, including the local diploma option and the appeals process, may be found at: http://www.p12.nysed.gov/part100/pages/1005.html
Education Law Sections 3202 and 4402(5)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5(a-f) and 100.9
NOTE: Refer also to Policy #7220 -- Graduation Requirements/Early Graduation/Accelerated Programs
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SUBJECT: CHILDREN WITH DISABILITIES
A child with a disability means a student under the age of twenty-one who is entitled to attend public schools and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. A child is not considered as having a disability if his or her educational needs are due primarily to unfamiliarity with the English language; environmental, cultural or economic factors; or lack of appropriate instruction in reading or mathematics.
The Board of Education recognizes the existence of individual differences in the intellectual, social, emotional and physical development of children attending school in the District. In recognizing these differences the Board supports a system of services offered in the least restrictive environment for children with disabilities in accordance with the following:
a) No student shall be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services. b) Education shall be provided as appropriate in regular classes with or without support services, in a
resource room, for part of the day in a special class, full time in a special class, home hospital or in a residential setting.
c) Students with disabilities shall be provided education with non-disabled peers to the extent appropriate.
d) Highly qualified personnel shall be recruited, hired, trained and retained to provide special education programs and services in accordance with the following measurable steps as appropriate:
1. The District will utilize established procedures for publication of all potential job openings; 2. The District will check credentials and requirements listed on applications;
3. The District will provide preparation sessions for the interview committee;
4. The District will recruit and hire special education teachers with subject matter knowledge
appropriate to the level of instruction being provided; when teaching two (2) or more core academic subjects exclusively to children with disabilities, the teacher will meet the requirements of "highly qualified" under the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) or demonstrate competence in all the core academic subjects taught in accordance with Commissioner's regulations.
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SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.)
e) The District shall use the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments:
1. Any necessary accommodations for a student shall be specified on the student's individualized education program (IEP);
2. The need for accommodations for a student shall be reviewed during Committee on Special Education (CSE) evaluations/re-evaluations;
f) The District shall to the extent feasible, use universal design principles (defined below) in
developing and administering District-wide instructional and assessment programs in accordance with the following:
1. Each student's IEP shall be based on appropriate universal design principles;
2. The Special Education Curriculum Coordinator shall keep Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) apprised of available products and services utilizing universal design principles;
3. Instructional materials and activities shall allow learning goals to be achievable by individuals with wide differences in abilities;
4. Flexible curricular materials and activities shall be built into the instructional design and operating systems.
5. Instruction shall be diversified to deliver general education curriculum to every student and diversify ways students may respond to that curriculum.
6. Assessment materials shall incorporate appropriate universal design principles.
g) The District shall consider the location of a school program(s) in relation to a student's residence, before placing a student into an educational program.
h) The District shall adopt procedures designed so that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner's Regulations.
i) The District shall allocate appropriate space within the District for special education programs that meet the needs of students with disabilities.
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SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.)
j) The District shall cooperate with BOCES and share relevant information to ensure that BOCES will have appropriate space available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES.
Universal Design Principles are a concept or philosophy for designing and delivering products and services that are usable by people with the widest range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies.
Provision of Special Education Services to (Parentally Placed) Nonpublic School Students with Disabilities The school district of location (and not the school district of residence) is responsible for identifying, locating, and evaluating parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district. This includes individual evaluations, Committee on Special Education (CSE) meetings, provision of special education services, and due process.
These requirements pertain only to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; and not to Committee on Special Education (CSE) placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools or to charter schools.
Parental consent must be obtained by the school district of location before any personally identifiable information about the student is shared between officials in the public school district of residence and officials in the public school district of location.
The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the school district. The school district of location must engage in consultation regarding the “Child Find” process and services generally; consultation is not specific to individual students. Individual services are determined by the Committee on Special Education (CSE).
The consultation process must be timely and meaningful and include discussion of: 1) “Child Find” (identifying, locating and evaluating students with potential disabilities) 2) Provision of special education services
3) Use of Federal funds
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SUBJECT: CHILDREN WITH DISABILITIES (Cont'd.)
The school district of location must provide, as appropriate, special education services to an eligible student who legally resides in another state and who is parentally placed in a nonpublic school located in New York State. The services to be provided to out-of state students must be documented in a services plan that is developed by the Committee on Special Education (CSE) of the district of location. The services plan is the written plan that describes the specific special education and related service that the district of location will provide to the student consistent with the services that the school district of location has determined through the consultation process and in relation to the proportionate shares of federal IDEA Part B dollars, to be provided to the student.
Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Sections 612 and 614 Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 20 United States Code (USC) Section 9101(23)
21 United States Code (USC) Section 812(c) 34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 3208, 3242, 3602-c, 4401-4407 and 4410-6
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.2(b)(3), 200.2(c)(2)(v), 200.4(e)(9) and 200.6(a)(1)
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SUBJECT: GROUPING BY SIMILARITY OF NEEDS
The Board of Education shall provide appropriate special education and related services to students with disabilities. For those students for whom an appropriate education requires that they be placed together for purposes of special education, the following guidelines shall apply:
a) Each student with a disability shall be
identified, evaluated and placed as determined by the Committee on Special Education (CSE).
b) The CSE shall determine written goals and
corresponding short-term instructional objectives for each student with a disability by considering the special and individual needs of each student with a disability.
c) The CSE shall recommend to the Board
appropriate educational programs and services for each student with a disability based upon the CSE evaluation.
d) The CSE shall provide information to those
teachers and professionals who arrange instructional groups for students with disabilities.
Information shall include physical, psychological and social information as well as achievement test results.
e) The curriculum and instruction provided to
students with disabilities who are grouped by similarity of needs shall be consistent with the individual needs of each student in the group.
f) Students with disabilities may be grouped
according to:
1. Academic achievement, functional performance and learning characteristics;
2. Social needs;
3. Physical development; and
4. Management needs.
g) When grouping students by similarity of
needs, the social needs or physical development of a student shall not be the sole determinant for placement of a student in a special education program.
h) The management needs of such students
may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction.
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SUBJECT: THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED
EDUCATION PROGRAM
The Board of Education shall establish at least one Committee on Special Education (CSE) and one Committee on Preschool Special Education (CPSE). The Board shall also establish, as necessary,
Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities. Committee on Special Education
The Board shall, upon completion of its review of the recommendations of the Committee on Special Education (CSE), arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board shall notify the parent/guardian of its action in accordance with federal and state law and regulations.
For a student not previously identified as having a disability, the Committee on Special Education (CSE) shall provide a recommendation to the Board which shall arrange for the appropriate special education
programs and services to be provided within sixty (60) school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within sixty (60) school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved in-state or out-of-in-state private school, the Board shall arrange for such special education programs and services for students with disabilities within thirty (30) school days of the Board's receipt of the recommendation of the CSE.
If on review of the recommendation of the Committee on Special Education (CSE), the Board disagrees with such recommendation, the Board shall follow one of the following procedures:
a) The Board may remand the recommendation to the Committee on Special Education (CSE) with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The CSE shall consider the Board's objections or concerns, revise the individualized education program (IEP) where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student's IEP within the timelines as outlined above; or, in the alternative,
b) The Board may establish a second Committee on Special Education (CSE) to develop a new recommendation for the student. If the Board disagrees with such new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board's objections or concerns and a request that a timely meeting be held to review and consider such objections or
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SUBJECT: THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED
EDUCATION PROGRAM (Cont'd.)
concerns. The second CSE shall consider the Board's objections or concerns, revise the Individualized Education Plan (IEP) where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the second CSE, the Board may continue to remand the recommendation for additional reviews of its objections or concerns by the second CSE, provided that the Board arranges for the programs and services in accordance with the student's IEP, as developed by the second CSE, within the timelines as outlined above. Pursuant to Commissioner's Regulations, the Board may not select the recommendation of the original Committee on Special Education (CSE) once it has established a second CSE.
The Board shall provide the student's parents/guardians with written notice and a copy of the statement of its objections or concerns and notice of due process rights in accordance with Section 200.5 of the
Commissioner's Regulations.
Committee on Preschool Special Education
Upon receipt of the recommendation of the Committee on Preschool Special Education (CPSE), the Board shall arrange for the preschool student with a disability to receive such appropriate programs and services in accordance with the student's Individualized Education Plan (IEP), commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than thirty (30) school days prior to, or after, the appropriate starting date selected for the preschool student with a disability; in that case, such services shall be provided no later than thirty (30) days from the recommendation of the CPSE.
If the Board disagrees with the recommendation of the Committee on Preschool Education (CPSE), the Board shall send the recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board's concerns and to revise the Individualized Education Plan (IEP) as deemed appropriate. The Board shall provide such notice as required by federal and state law and regulations.
Subcommittee on Special Education
The number of Subcommittees on Special Education will be determined by the Committee on Special Education (CSE) and the CSE will be responsible for the oversight and monitoring of the activities of each subcommittee to assure compliance with the requirements of applicable state and federal laws and regulations.
Each Subcommittee may perform the functions for which the Committee on Special Education (CSE) is responsible, except:
a) When a student is considered for initial
placement in a special class; or
b) When a student is considered for initial
placement in a special class outside of the student's school of attendance; or (Continued)
2008 7613
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SUBJECT: THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED
EDUCATION PROGRAM (Cont'd.)
c) When a student is considered for
placements in a school primarily serving students with disabilities or a school outside the District. Subcommittees shall report annually to the Committee on Special Education (CSE) regarding the status of each student with a disability within its jurisdiction. Upon receipt of a written request from the parent or person in parental relation to a student, the Subcommittee shall refer to the CSE any matter in which the parent disagrees with the Subcommittee's recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate education to the student.
Education Law Sections 4402 and 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(d)(1), 200.4(c), 200.4(d), 200.5 and 200.16(e)
NOTE: Refer also to Policies #7631 -- Appointment and Training of
Committee on Special Education (CSE)/Subcommittee on Special Education Members
#7632 -- Appointment and Training of Committee on Preschool Special Education (CPSE) Members
2008 7614
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SUBJECT: PRESCHOOL SPECIAL EDUCATION PROGRAM
The Board of Education recognizes the need for educational programs for three (3) and four (4) year old children with disabilities and directs that administrative practices and procedures be developed to:
a) Ensure the provision of special education services and programs for each
preschool child with a disability residing in the District.
b) Establish a Committee on Preschool Special Education (CPSE) which shall be
comprised in accordance with applicable federal and state law and regulation.
c) Ensure that parents have received and understand the request for consent for evaluation and re-evaluation of a preschool aged child.
Evaluations for Preschool Children with Disabilities
The District is required to collect entry assessment data in the three (3) outcome areas described below on all preschool children who receive an initial evaluation. As currently required by Commissioner's Regulation Section 200.5, a parent must be fully informed about the proposed initial evaluation and must provide consent for an initial evaluation. This would include a description of the proposed evaluation.
The Committee on Preschool Education (CPSE) will receive entry-level assessment results in the three (3) outcome areas from approved preschool evaluators conducting initial evaluations of all preschool children suspected of having disabilities. The CPSE will then meet to determine the child's eligibility for preschool education programs and/or services and complete the Child Outcomes Summary Form to determine the child's entry level of functioning in the three (3) outcome areas for all preschool children evaluated and found to be eligible. The form is be kept in the student's record until exit assessment information is due as a way to
summarize complex assessment information in a format so that the data can be aggregated and reported to the State Education Department.
Annually, one-sixth of the school districts in the State will be required to submit exit data on the progress that preschool children have made between entry into and exit from preschool special education programs and services in the three (3) outcome areas after having received preschool special education services for at least six (6) months. For each outcome area, schools will be reporting data that will enable the State to determine:
a) The number of children at exit who reach or maintain functioning at a level comparable to same-aged nondisabled peers;
b) The number of children who improve functioning; and c) The number of children who do not improve functioning.
2008 7614
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SUBJECT: PRESCHOOL SPECIAL EDUCATION PROGRAM (Cont'd.)
In accordance with NYS Education Law Section 4410, State Education Department (SED) approved preschool evaluators of three and four year old children suspected of having disabilities must include evaluation information relating to such children in the three (3) outcome areas described below:
a) Positive social-emotional skills (including social relationships): 1. Relating to adults;
2. Relating to other children; and
3. Following rules related to groups or interacting with others (if older than eighteen (18) months.
b) Acquisition and use of knowledge and skills (including early language/communication and early literacy):
1.Thinking, reasoning, remembering and problem solving; 2. Understanding symbols; and
3. Understanding the physical and social worlds. c) Use of appropriate behaviors to meet their needs:
1. Taking care of basic needs (e.g., showing hunger, dressing, toileting, etc.),
2. Contributing to their own health and safety (e.g., follows rules, assists with hand washing, avoids inedible objects, if older than twenty-four 24 months); and
3. Getting from place to place (mobility) and using tools (e.g., forks, pencils, strings attached to objects).
Individuals with Disabilities Act (IDEA), 20 United States Code (USC) Section 1400 et seq. Education Law Section 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(b)(5) and 200.5
NOTE: Refer also to Policy #7632 -- Appointment and Training of
2008 7615
SUBJECT: LEAST RESTRICTIVE ENVIRONMENT
Students with disabilities will be provided with education in the “least restrictive environment.” Least restrictive environment means that placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with use of supplementary aids and services, education in regular classes cannot be satisfactorily achieved. The placement of an individual student with a disability in the least restrictive
environment shall:
a) Provide the special education and related services, as well as supplementary aids and
services, needed by the student. The term "related services" does not include a medical device that is surgically implanted, the optimization of the device's functioning (e.g, mapping), maintenance of, or the replacement of such device;
b) Provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities; and
c) Be as close as possible to the student's home.
The District has an obligation, pursuant to law and regulation, to educate students with disabilities in the least restrictive environment. The District shall ensure that:
a) Each student with a disability shall be educated with nondisabled students to the maximum extent appropriate;
b) Each student with a disability shall be removed from the regular educational environment only when the nature or severity of the student's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and
c) To the maximum extent appropriate to the student's needs, each student with a disability shall participate with nondisabled students in nonacademic and extracurricular services and activities. The District shall ensure that a continuum of alternative placements, in accordance with law and/or regulation, will be available to meet the needs of students with disabilities for special education and related services. To enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate, specially designed instruction and supplementary services may be provided in the regular class. Such services may include, but are not limited to, consultant teacher services and other group or individual supplemental or direct special education instruction.
Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b), 200.4 and 200.6
2008 7616
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SUBJECT: PRE-REFERRAL INTERVENTION (REPONSE TO INTERVENTION) STRATEGIES IN GENERAL EDUCATION (PRIOR TO A REFERRAL FOR SPECIAL EDUCATION)
The District shall establish a plan for implementing school wide approaches and pre-referral interventions in order to remediate a student's performance prior to referral for special education.
The provision of programs and/or services for student’s starts with consideration/implementation of instruction in the general education curriculum, with appropriate supports and/or modifications as may be necessary. In implementing pre-referral intervention strategies, the District may utilize resources/strategies already in place for qualified students including, but not limited to, services available through Section 504 of the Rehabilitation Act of 1973, and Educationally Related Support Services and Academic Intervention Services as defined in Education Law and/or Commissioner's Regulations. All of these programs may be considered as possible components of Pre-referral/Intervention Instructional Support Plans. The District shall ensure that there is a system in place, with appropriate personnel, for developing, implementing and evaluating pre-referral intervention strategies.
The District will provide general education support services, instructional modifications, alternative
instructional approaches, or alternative program options to address a student's performance prior to a referral to a Committee on Special Education (CSE). Formal Response to Intervention (RTI) building level teams will be formed in accordance with law and/or regulations as may be applicable as well as District guidelines. The Response to Intervention Team (RTI) will include representatives from general and special education as well as other disciplines, and shall include individuals with classroom experience. Parents/persons in parental relation to students will be involved in developing pre-referral strategies to address the educational needs of their child. Additionally, the District will seek collaboration between outside agencies and the school prior to a referral of the student to the CSE in order to address necessary student support services.
The District shall ensure that appropriate opportunities exist for collaboration between general educators and special educators, and that consultation and support are available to teachers and other District personnel to assist parents/persons in parental relation to students and teachers in exploring alternative approaches for meeting the individual needs of any student prior to formal referral for special education.
The determination of prevention and pre-referral intervention strategies/services shall consider the student's strengths, environment, social history, language and cultural diversity in addition to the teacher's concerns. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating a Response to Intervention Team.
2008 7616
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SUBJECT: PREREFERRAL INTERVENTION (REPONSE TO INTERVENTION) STRATEGIES IN GENERAL EDUCATION
(PRIOR TO A REFERRAL FOR SPECIAL EDUCATION) (Cont'd.)
Response to Intervention (RTI) Plans shall be developed. These plans shall be proactive in their strategies to meet the broad range of student needs and to improve student performance.
Pre-referral/Intervention strategies and/or Response to Intervention/Instructional Support Plans are to be reviewed and evaluated to determine their effectiveness, and modified as may be appropriate. The District shall maintain appropriate documentation of the prevention and/or intervention strategies implemented.
If a referral be made to the Committee on Special Education (CSE) during the course of implementing pre-referral/intervention instructional support services, the CSE is obligated in accordance with law to continue its duties and functions, and must meet mandatory time lines in evaluating the student for special education services and implementation of an individualized education program, if applicable.
Educational Related Support Services
Educational related support services (ERSS) means curriculum and instructional modification services; direct student support team services; assessment and non-career counseling services; special instruction to eligible students with disabilities as defined in Education Law Section 4401, which does not generate excess cost aid including related services but excluding transportation and transition services; and to eligible, qualified students pursuant to Section 504 of the Rehabilitation Act of 1973. These services are provided to eligible students, individually or in groups, and may include those related consultation services provided to their families and related school personnel in order to enhance the academic achievement and attendance of such students. Educational related support services shall also mean speech and language improvement services as defined in Commissioner's Regulations.
ERSS may be utilized as a component of any Prereferral/Intervention Instructional Support Plan. Section 504 of the Rehabilitation Act of 1973
For students who are qualified for services pursuant to Section 504 of the Rehabilitation Act, but are not classified as students with disabilities as defined in Education Law Section 4401, Section 504 Accommodation Plans may address instructional support services that can be utilized as components of any
prereferral/intervention strategies as deemed necessary and/or appropriate. Academic Intervention Services
Academic intervention services means additional instruction which supplements the instruction provided in the general education curriculum and assists students in meeting the State learning standards as defined in Commissioner's Regulations and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance.
2008 7617
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SUBJECT: DECLASSIFICATION OF STUDENTS WITH DISABILITIES
The District shall establish and implement a plan for the appropriate declassification of students with disabilities which must include:
a) The regular consideration for declassifying students when appropriate; b) A reevaluation of the student prior to declassification; and
c) The provision of educational and support services to the student upon declassification. Eligibility Determinations
The District must evaluate a student with a disability prior to determining that a student is no longer a student with a disability as defined in accordance with Commissioner's Regulations, and the District shall provide a copy of the evaluation report and the documentation of eligibility to the student's parent or guardian. The results of any reevaluations must be addressed by the Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student's individualized education program (IEP).
Prior to the reevaluation, the District shall obtain informed written parental consent unless otherwise authorized pursuant to law and/or regulation. Parental consent need not be obtained if the District can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parents fail to respond. The District must have a record of its attempts to obtain parental consent. Should the student's parents refuse consent for the reevaluation, the District may continue to pursue the reevaluation by using mediation and/or due process procedures.
The District shall take whatever action is necessary to ensure that the parent understands the
proceedings at the meeting of the Committee on Special Education (CSE), including arranging for an interpreter for parents with deafness or whose native language is other than English.
Graduation/Aging Out
The District is not required to conduct a reevaluation of a student before the termination of a student's eligibility due to graduation with a local high school or Regents diploma or exceeding the age eligibility for a free appropriate public education. However, the District must provide the student with a summary (Student Exit Summary) of the student's academic achievement and functional performance, including recommendations on how to assist the student in meeting his/her post secondary goals. Although not required to do so, the District will also provide this Student Exit Summary (www.vesid.nysed.gov/specialed/idea/studentexit.htm) to students exiting with a High School Equivalency Diploma.
2008 7617
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SUBJECT: DECLASSIFICATION OF STUDENTS WITH DISABILITIES (Cont'd.)
In addition, the parent or guardian must receive prior written notice, in accordance with Commissioner's Regulations, before the student's graduation from high school with a local or Regents diploma or before he/she receives an Individualized Education Program (IEP) diploma. If the student will be graduating with an IEP diploma, this prior written notice must indicate that the student continues to be eligible for a free appropriate public education until the end of the school year in which the student turns twenty-one (21) or until receipt of a regular high school diploma.
Recommendation for Declassification
If a student has been receiving special education services, but it is determined by CSE that the student no longer needs special education services and can be placed in a regular educational program on a full-time basis, the recommendation shall:
a) Identify the declassification support services, if any, to be provided to the student; and/or the student's teachers; and
b) Indicate the projected date of initiation of such services, the frequency of provision of such services, and the duration of these services, provided that such services shall not continue for more than one (1) year after the student enters the full-time regular education program.
Declassification Support Services
Declassification support services means those services provided by persons appropriately certified pursuant to Part 80 of Commissioner's Regulations, or holding a valid teaching license in the appropriate area of service, to a student or the student's teacher to aid in the student's move from special education to full-time regular education, including:
a) For the student, psychological services, social work services, speech and language improvement services, noncareer counseling, and other appropriate support services; and
b) For the student's teacher, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.
When appropriate, the District shall provide declassification support services to students who have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.
Procedural Safeguards Notice
The District shall use the procedural safeguards notice prescribed by the Commissioner of Education. The District will further ensure that the procedural safeguards notice is provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly
2008 7617
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not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the District shall take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; that the parent understands the content of the notice; and that there is written evidence that all due process procedures, pursuant to law and/or regulation, have been met.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)] Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(q), 100.2(u), 200.2(b)(8), 200.4(b)(4), 200.4(b)(5), 200.4(c)(3), 200.4(c)(4), 200.4(d)(1) and 200.5(a)
2008 7620
SUBJECT: STUDENTS WITH DISABILITIES PARTICIPATING IN SCHOOL DISTRICT PROGRAMS
All students with disabilities residing in the District, including those of preschool age, shall be provided with full access and opportunity to participate in District programs, including extracurricular programs and activities, that are available to all other students enrolled in the public schools of the District. Parents/guardians of students with disabilities, including those students placed in out-of-District programs, shall have timely access to information about of such District programs and activities through District websites, community mailings, televised Board of Education meetings and other publicly available media.
Community Resources
The District may compile a list of community resources (appropriate and/or helpful services that may be available outside of the school setting) and provide this information to parents or persons in parental relation of a child with a disability. Such a list shall clearly state that these services are in addition to programs and services provided by the District and will not be paid for by the District. Any member of the District's
committees or subcommittees on special education, or the District, who, acting reasonably and in good faith, provides this information shall not be liable for such action.
Education Law Section 4402(1)(b)(3-a) and 4410(5)(b)(IV)
2011 7621
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SUBJECT: SECTION 504 OF THE REHABILITATION ACT OF 1973
The District shall make its program and facilities accessible to all students with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against qualified individuals with disabilities in federally assisted programs or activities solely on the basis of disability.
Individuals protected by Section 504 are those individuals who have a physical or mental impairment which substantially limits one (1) or more major life activities; have a record or history of such impairment; or are regarded as having such an impairment.
The District shall also identify, evaluate and extend to every qualified student with a disability under Section 504 a free, appropriate public education, including modifications, accommodations, specialized instruction or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of non-disabled students are met.
The Assistant Superintendent of Pupil Personnel shall be the coordinator of Section 504 activities and shall provide information, including complaint procedures, to any person who feels his/her rights under Section 504 have been violated by the District or its officials.
The Board shall adopt a grievance procedure to resolve Section 504 complaints. Such complaints shall be directed to the Superintendent of Schools.
The parents of students with disabilities shall be notified annually of the Board's responsibilities under Section 504.
Prohibition Against Disability-Based Discrimination in Accelerated Programs
The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. A school district may not impose or apply eligibility criteria that screens out or tends to screen out a student with a disability from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary.
It is also unlawful to deny a student with a disability admission to an accelerated class or program solely because of his or her need for special education or related aids or services (i.e., related services,
supplementary aids and services, program modification and supports for school personnel) or because the student has an Individualized Education Program (IEP) or a plan under Section 504.
Schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated classes or programs. Additionally, nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs.
2011 7621
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SUBJECT: SECTION 504 OF THE REHABILITATION ACT OF 1973 (Cont'd.) Americans With Disabilities Act, 42 United States Code (USC) Section 12101 et seq.
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq. Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq. 28 Code of Federal Regulations (CFR) Part 35
34 Code of Federal Regulations (CFR) Parts 104 and 300
