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Article 35 - Educational Services & Programs For Students With Disabilities
| Section 35.1 | Purpose |
| Section 35.2 | Census Register of Students with Disabilities1 |
| Section 35.3 | Confidentiality of Personally Identifiable Data2 |
| Section 35.4 | Due Process Procedures ( Prior notice3 |
| Section 35.5 | Due Process Procedures ( Notice of CSE/CPSE Meetings4 |
| Section 35.6 | Due Process Procedures ( Procedural Safeguards Notice5 |
| Section 35.7 | District Plans for Special Education Programs6 |
| Section 35.8 | Committee on Special Education7 |
| Section 35.9 | Committee on Pre-School Special Education8 |
| Section 35.10 | Referrals of Students With Disabilities ( General Rules9 |
| Section 35.11 | Referral to CSE Chairperson10 |
| Section 35.12 | Referral to Building Administrator11 |
| Section 35.13 | Referral to CPSE Chairperson12 |
| Section 35.14 | Court Agency Requests For Evaluation/Recommendations13 |
| Section 35.15 | Withdrawal of Referral14 |
| Section 35.16 | Parental Consent15 |
| Section 35.17 | Parent Participation In CSE/CPSE Meetings16 |
| Section 35.18 | Uniform Procedures ( CSE CPSE17 |
| Section 35.19 | Individual Evaluation ( CSE18 |
| Section 35.20 | Individual Evaluation ( CPSE19 |
| Section 35.21 | Independent Educational Evaluations20 |
| Section 35.22 | Individualized Education Program (IEP) ( CSE21 |
| Section 35.23 | Individualized Education Program (IEP) ( CPSE22 |
| Section 35.24 | Continuum of Services ( CSE23 |
| Section 35.25 | Continuum of Services ( CPSE24 |
| Section 35.26 | IEP Implementation; Disagreement25 |
| Section 35.27 | Mediation of Disputes26 |
| Section 35.28 | Access to High School Diploma and Other Programs |
| Section 35.29 | High School Individualized Education Program Diplomas27 |
Article 35
EDUCATIONAL SERVICES & PROGRAMS FOR STUDENTS WITH DISABILITIES
Adopted 12/18/02
The purpose of this policy is to furnish, as required by Federal and State law, all students with disabilities with a free appropriate education in the least restrictive environment; and to provide each such student with an equal opportunity to participate in the full range of District programs and services, including extracurricular programs and activities, which are available to all other students enrolled in the District's public schools.
Section 35.2 Census & Register of Students with Disabilities[1]
(A) The District shall conduct a census in accordance with Education Law, sections 3240, 3241 and 3242, to locate and identify all students with disabilities who reside in the District and shall establish a register of such students who are entitled to attend the District schools or are eligible to attend a preschool program in accordance with section 4410 of the Education Law during the next school year. The procedures to locate, identify, and evaluate all nonpublic private school students with disabilities, including religious-school children residing in the District, shall be comparable to activities undertaken for students with disabilities in public schools.
(B) The register of such students and others referred to the Committee on Special Education (CSE) as possibly having a disability shall be maintained and revised annually by the District CSE or the Committee on Preschool Special Education (CPSE), as appropriate. Procedures shall be implemented to assure the availability of statistical data to readily determine the status of each student with a disability in the identification, location, evaluation, placement and program review process. Census data shall be reported by October 1st to the CSE or CPSE, as appropriate.
(C) The data recorded on each student shall include at least the following:
(1) student's name, address and birth date;
(2) student's parents' names, address(es), and the native language of the student's home;
(3) student's suspected disability;
(4) dates of referral, evaluations, recommendations of the CSE, or CPSE, actual placement, and annual program reviews;
(5) site where the student is currently receiving an educational program; and
(6) if the student is not receiving an appropriate public education, the reason shall be described.
(D) The data shall be organized so that it can readily be determined whether each student is receiving an appropriate public education, a partial education or no education at all.
(E) All persons involved in the collection of data shall have received prior training and written information regarding the procedures to be followed in collecting the data.
(F) The reporting of data shall be conducted in accordance with the following policies and procedures:
(1) the District shall prepare, and keep on file, summary reports of student data, including numbers of students who are
(a) unserved and the reasons they are unserved, and
(b) served; and
(2) a summary report of the students served shall be submitted by the District to the State Education Department in a manner prescribed by the Commissioner.
(G) The District shall keep on file the register and related summary reports which shall be available to the superintendent of the supervisory District in which the District is located or other representatives of the State Education Department.
Section 35.3 Confidentiality of Personally Identifiable Data[2]
(A) Personally identifiable data shall include:
(1) the name of the student, the student's parent, or other family member;
(2) the address of the student;
(3) a personal identifier, such as the student's social security number or student number; or
(4) a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.
(B) The District shall preserve the confidentiality of personally identifiable data, information or records pertaining to students with disabilities in a manner consistent with the procedures adopted pursuant to 8 NYCRR '200.2(b)(6) and/or in accordance with 20 USC 1232(g) and the provisions of Part 99 of title 34 of the Code of Federal Regulations or its successor (see also Article 66).
Section 35.4 Due Process Procedures B Prior notice[3]
(A) Written prior notice shall be given to the parents of a student with a disability a reasonable time before the school District proposes to or refuses to initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student.
(B) If the prior notice relates to an action proposed by the school District that also requires parental consent, the District must give notice at the same time it requests parent consent.
(C) The notice must include:
(1) a description of the action proposed or refused by the District;
(2) an explanation of why the District proposes or refuses to take the action;
(3) a description of any other options that the District considered and the reasons why those options were rejected;
(4) a description of each evaluation procedure, test, record, or report the District used as a basis for the proposed or refused action;
(5) a description of any other factors that are relevant to the District's proposal or refusal;
(6) a statement that the parents of a student with a disability have protection under the procedural safeguards of 8 NYCRR '200.5, and the means by which a copy of a description of the procedural safeguards can be obtained; and
(7) sources for parents to contact to obtain assistance in understanding the provisions of 8 NYCRR Part 200.
(D) The notice must be written in language understandable to the general public, and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the school 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 the requirements of this section have been met.
(E) In addition to the requirements of paragraphs (C) and (D) above:
(1) upon receipt of a referral for initial evaluation or prior to conducting a reevaluation, such notice shall include a description of the proposed evaluation or reevaluation and the uses to be made of the information and indicate that the parent may submit evaluation information which, if submitted, shall be considered by the committee on special education as part of its evaluation or review;
(2) notice provided to parents of students referred for a reevaluation must indicate that the parents have the right to request a test or assessment as part of the reevaluation to determine whether the student continues to be a student with a disability;
(3) upon the Board's disagreement with the recommendation of the CSE/CPSE, the notice to the parent and to the committee shall set forth in writing a statement of the Board's reasons and indicate that the recommendation will be sent back to the committee, with notice of the need to schedule a timely meeting to review the Board's concerns and to revise the IEP as deemed appropriate;
(4) prior to the student's graduation with a local high school or Regents diploma, such notice must indicate that the student is not eligible to receive a free appropriate public education after graduation with the receipt of the local high school or Regents diploma, unless the District provides such services to nondisabled students pursuant to Education Law 3202;
(5) prior to the student's graduation with an individualized education program (IEP) diploma, such 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 age 21 or until the receipt of a regular high school diploma;
(6) for students described in 8 NYCRR '200.4(h)(1), notice must be provided to the parent and, beginning at age 18 to the student, in accordance with 8 NYCRR '200.4(h)(2) and (3);
(7) for a student whom the CSE has determined to be at risk of a future residential placement, information must be provided to the parent on community support services that may be available to the family, including the name and address of agencies which can perform an assessment of a family's community support needs, where such list has been made available to the committee; and
(8) for students recommended for an approved private school, a copy of the approved private school's policy on the use of psychotropic medication must be provided to the student's parents if the school uses psychotropic medication.
Section 35.5 Due Process Procedures B Notice of CSE/CPSE Meetings[4]
(A) Whenever the CSE/CPSE proposes to conduct a meeting related to the development or review of a student's IEP, or the provision of a free appropriate public education to the student, the parent must receive notification in writing at least five days prior to the meeting. The meeting notice may be provided to the parent less than five days prior to the meeting when both the parent and the District agree to a meeting that will occur within five days.
(B) Such notice shall:
(1) inform the parent(s) of the purpose, date, time, and location of the meeting and the name and title of those persons expected to attend the meeting;
(2) indicate that the parent(s) has the right to participate as a member of the committee on special education with respect to the identification, evaluation and educational placement of his or her child;
(3) state that the parent(s) has the right to be accompanied by such individuals with knowledge or special expertise about his or her child, including related service personnel as appropriate, as determined by the parent(s);
(4) inform the parent(s) of his or her right to request, in writing at least 72 hours before the meeting, the presence of the school physician member of the CSE/CPSE at any meeting of such committee pursuant to Education Law 4402(1)(b);
(5) inform the parent(s) of his or her right to decline, in writing, the participation of the additional parent member at any meeting of such committee pursuant to Education Law 4402(1)(b);
(6) if the meeting is being conducted by a subcommittee on special education, inform the parent(s) that, upon receipt of a written request from the parent, the subcommittee shall refer to the CSE/CPSE any matter on which the parent(s) disagrees with the subcommittee's recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate public education to the student; and
(7) if the purpose of the meeting is to consider transition services, the meeting notice must also:
(a) indicate this purpose;
(b) indicate that the District will invite the student; and
(c) identify any other agency that will be invited to send a representative.
Section 35.6 Due Process Procedures B Procedural Safeguards Notice[5]
(A) The District shall use the procedural safeguards notice prescribed by the Commissioner of Education, and ensure that such notice is provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly 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 the requirements of this section have been met.
(B) A copy of such notice must be given to the parents of a student with a disability, at a minimum upon:
(1) initial referral for evaluation;
(2) each notification of an IEP meeting;
(3) reevaluation of the student; and
(4) receipt of a request for an impartial hearing.
(C) The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under 8 NYCRR Part 200.
Section 35.7 District Plans for Special Education Programs[6]
The Superintendent shall develop and maintain a two-year plan, pursuant to the Regulations of the Commissioner of Education, which incorporates information concerning the provision of services for students with disabilities. Students with disabilities shall be provided a free appropriate public education which may include, but not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computerized instruction, and/or other audio-visual equipment; selecting modified textbooks or workshops and tailoring homework assignments or modification of nonacademic times such as lunch room, recess and physical education.
Section 35.8 Committee on Special Education[7]
(A) The Board shall appoint a Committee on Special Education (CSE) to identify, evaluate and recommend placement of students with disabilities who are in need of special services or programs. The Board shall also appoint subcommittees, if necessary, to ensure the timely evaluation and placement of students.
(B) The members of the CSE shall be as:
(1) the parents or persons in parental relationship to the student;
(2) at least one regular education teacher of the student whenever the student is or may be participating in the regular education environment;
(3) one special education teacher of the student, or, if appropriate, a special education provider of the student;
(4) a school psychologist;
(5) a representative of the District who is qualified to provide or supervise special education and who is knowledgeable about the general curriculum and the availability of resources of the District, provided that an individual who meets these qualifications may also be the same individual appointed as the special education teacher or the special education provider of the student or the school psychologist;
(6) an individual who can interpret the instructional implications of evaluation results B such individual may also be the individual appointed as the regular education teacher, the special education teacher or special education provider, the school psychologist, the representative of the District or a person having knowledge or special expertise regarding the student when such member is determined by the District to have the knowledge and expertise to fulfill this role on the committee;
(7) a school physician, if specifically requested in writing by the parent of the student or by a member of the school at least 72 hours prior to the meeting;
(8) an additional parent member of a student with a disability residing in the District or a neighboring school District, provided that such parent is not a required member if the parents of the student request that the additional parent member not participate in the meeting;
(9) such other persons determined by the Board or the student’s parent as having knowledge or special expertise regarding the student, including related services personnel as appropriate, as the District or the parent(s) shall designate; and
(10) if appropriate, the student.
Section 35.9 Committee on Pre-School Special Education[8]
(A) The Board shall appoint a Committee on Pre-School Special Education (CPSE) to identify, evaluate and recommend placement of pre-school students with disabilities who are in need of special services or programs. The Board shall also appoint subcommittees, if necessary, to ensure the timely evaluation and placement of students.
(B) The members of the CPSE shall be as follows:
(1) the parents of the preschool child;
(2) a regular education teacher of the child whenever the child is or may be participating in the regular education environment;
(3) a special education teacher of the child, or, if appropriate, a special education provider of the child;
(4) a representative of the District who is qualified to provide or supervise special education and who is knowledgeable about the general curriculum and the availability of preschool special education programs and services and other resources of the District and the municipality B with such person to serve as the chairperson of the committee;
(5) an additional parent member of a child with a disability residing in the District or a neighboring school District and whose child is enrolled in a preschool or elementary level education program, provided that such parent is not a required member if the parent(s) of the child request that the additional parent member not participate;
(6) such other persons determined by the Board as having knowledge or special expertise regarding the child, including related services personnel as appropriate, as the District or the parents shall designate.
(7) for a child in transition from early intervention programs and services, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child; and
(8) a representative of the municipality of the preschool child's residence, provided that the attendance of the appointee of the municipality shall not be required for a quorum.
Section 35.10 Referrals of Students With Disabilities B General Rules[9]
(A) A student suspected of having a disability shall be referred in writing to the chairperson of the CSE or to the building administrator of the school which the student attends or is eligible to attend for an individual evaluation and determination of eligibility for special education programs and services.
(B) A referral may be made by:
(1) a student's parent or person in parental relationship;
(2) a professional staff member of the school District in which the student resides, or the public or private school the student legally attends;
(3) a licensed physician;
(4) a judicial officer;
(5) the commissioner or designee of a public agency with responsibility for welfare, health or education of children; or
(6) for purposes of referring one's self, a student who is over 18 years of age or older, or an emancipated minor, who is eligible to attend the public schools of the District.
(C) A referral submitted by persons other than the parent, student or a judicial officer shall:
(1) state the reasons for the referral and include any test results, records or reports upon which the referral is based that may be in the possession of the person submitting the referral;
(2) describe in writing, intervention services, programs or instructional methodologies used to remediate the student's performance prior to referral, including any supplementary aids or support services provided for this purpose, or state the reasons why no such attempts were made; and
(3) describe the extent of parental contact or involvement prior to the referral.
(D) A preschool child suspected of having a disability shall be immediately referred in writing to the CPSE chairperson by
(1) the persons specified in paragraph (B)(1) through (5) above, or
(2) by professional staff members of:
(a) an Early Childhood Direction Center (ECDC);
(b) preschool programs approved pursuant to Education Law 4410; or
(c) programs providing special instruction to children birth to three years of age approved by the lead State agency as designated by the Governor to administer Federal funds for such programs.
(E) A referral of a preschool child shall specify the extent to which such child has received any services prior to the referral.
Section 35.11 Referral to CSE Chairperson[10]
(A) A CSE chairperson who receives a referral shall:
(1) immediately notify the parent pursuant to sections 35.4 and 35.5 of this policy; and
(2) within 5 school days forward a copy to the building administrator.
(B) In the absence of a written agreement to withdraw a referral as provided in section 35.15, and in the event that parental consent is not obtained within 30 days of the date of receipt of referral, the chairperson shall document attempts made by the chairperson or other representatives of the committee to obtain parental consent, and shall request that the Board of Education initiate an impartial hearing in accordance with 8 NYCRR '200.5(i).
Section 35.12 Referral to Building Administrator[11]
(A) A building administrator who receives a referral shall immediately forward the same to the CSE chairperson.
(B) Upon receipt of a referral or copy thereof, the building administrator may request a meeting with the parent or person in parental relationship to the student, and the student, if appropriate, to determine whether the student would benefit from additional general education support services as an alternative to special education, including the provision of educationally related support services, speech and language improvement services, academic intervention services, and any other services designed to address the learning needs of the student and maintain a student's placement in general education with the provision of appropriate educational and support services.
(C) If the person making the referral is a professional staff member of the school District in which the student resides, that person shall attend such meeting. Any other person making a referral shall have the opportunity to attend such meeting.
(D) The meeting shall be conducted within 10 school days of the building administrator's receipt of the referral, and shall not impede the CSE from continuing its duties and functions.
(E) The building administrator shall ensure that the parent understands the proceedings of the meeting and shall arrange for the presence of an interpreter, if necessary. If at such meeting the parent or person in parental relationship and the building administrator agree in writing that, with the provision of additional general education support services, the referral is unwarranted, the referral shall be deemed withdrawn, and the building administrator shall provide the CSE chairperson, the person who made the referral if a professional staff member of the school District, the parent or person in parental relationship to the student, and the student, if appropriate, with copies of the agreement.
(F) An agreement under paragraph (e) above shall contain a description of the additional general education support services to be provided and the proposed duration of such program. A copy of the agreement shall:
(1) be placed in the student's cumulative education record file; and
(2) be provided to the parent or person in parental relationship to such student in the native language of such person.
Section 35.13 Referral to CPSE Chairperson[12]
(A) Upon receipt of a referral, the CPSE chairperson shall immediately notify the parent that a referral has been received and shall request consent for evaluation of the preschool student.
(B) In the event that consent for an individual evaluation is not provided, the committee shall implement the District's practices and procedures for the purpose of ensuring that parents have received and understand the request for consent.
Section 35.14 Court & Agency Requests For Evaluation/Recommendations[13]
(A) Upon receipt of a written request for evaluative information and program recommendations for a student receives a written request for evaluative information and program recommendations for a student under Education Law '4005 from a Family Court judge, a probation department, a social services District, the Office of Children and Family Services, or a preadmission certification committee established under Mental Hygiene Law '9.51(d), the CSE/CPSE shall:
(1) forward a copy of the agency's request, as well as a request for parental consent for an evaluation, to the parent of the student at the address indicated in the request from the agency;
(2) in the event that the parent does not grant consent, within five days after receipt of the request for such consent, the CSE/CPSE shall notify the Board of Education of the need to initiate a formal impartial hearing to be conducted pursuant to 8 NYCRR '200.5(i), to permit the District to conduct an evaluation of the student without the consent of the parent;
(3) if consent has been obtained, conduct an evaluation comparable to that described in section 35.19, or section 35.20 for preschool children, of this policy; and
(4) develop a written recommendation which:
(a) indicates the reasons for determining that no disability exists; or
(b) if the student is determined to have a disability, provides a recommendation in accordance with subparagraphs (d)(2)(i) through (ix) and (xii) through (xiii) and paragraph (3) of this section.
(B) The CSE/CPSE shall forward a copy of the evaluation and recommendation to the requesting agency and to the Board of Education within 42 days of the date of receipt of such a request, provided that the CSE/CPSE has obtained the parent’s consent to conduct the evaluation.
Section 35.15 Withdrawal of Referral[14]
(A) No referral may be withdrawn except upon a written agreement signed by both the parent and the person submitting the referral containing the following minimum information:
(1) a statement that the parties agree that the referral shall be withdrawn,
(2) specifying any alternative methods suggested to resolve the identified learning difficulty of the student, and
(3) providing the opportunity for a follow-up conference within an agreed period of time to review the student's progress.
(B) A copy of the agreement shall be:
(1) placed in the student's cumulative educational record file, and
(2) furnished by the CSE chairperson to the parent and to the referring person.
Section 35.16 Parental Consent[15]
(A) Written consent of the parent is required prior to:
(1) conducting an initial evaluation or reevaluation, except that such consent is not required
(a) before reviewing existing data as part of an evaluation or a reevaluation or administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students, or
(b) a reevaluation if the school District can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parents failed to respond;
(2) initial provision of special education to a student who has not previously been identified as having a disability, except that consent for initial evaluation may not be construed as consent for initial provision of special education services;
(3) initial provision of special education services in a 12- month special service and/or program:
(4) releasing any identifiable information as provided in section 35.3;