The Special Education Process for Principals - Eastern Suffolk ...
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Regional Contacts • Regional Special Education Technical Assistance Support Centers (RSE-TASC) 631-218-4197 – Coordinator, Vincent Leone – Regional Special Education Training Specialists, Arlene B. Crandall, Andrea T. Lachar – Transition Specialists, Cathy Pantelides, Matthew Jurgens – Behavior Specialists, Michelle Levy, Gary Coppolino – Preschool Behavior Specialist, Carolyn Candella – Bilingual Specialist, Elizabeth DeFazio-Rodriguez – Nondistrict Specialist, Larry Anderson – Special Education School Improvement Specialists: • Nassau – Naomi Gershman, Stefanie DelGiorno, Joane Vincent • Suffolk – Marjorie Guzewicz, Lisa Boerum, MariLuz Genao • Special Education Quality Assurance (SEQA) – Main office number: 631-952-3352 – Nondistrict Unit, main office number: 631-952-3352 • Special Education Parent Centers 2 – Main office number: 516-589-4562
The Special Education Process for Principals Access to General Foundation Least Restrictive CSE Process Environment Education Discipline Curriculum Acronyms & Child Find LRE Classroom Part 201 Glossary Terms Accommodations and Modifications Prereferral/ Continuum of Federal & Referral Service Disciplinary State Laws Assistive Procedures Technology Timeline 1:1 Aides State Performance Plan Quality Membership Scheduling Indicator Tools Procedural Safeguards IEP: Notice Forms & Notices Specially- designed Components Instruction Accessible Instructional IEP Dissemination Materials and Implementation Transition Testing Accommodations 3 Declassification
The Special Education Process for Principals Foundation Acronyms & Glossary Terms Federal & State Laws State Performance Plan Procedural Safeguards Notice Accessible Instructional Materials 4 Transition
Acronyms http://www.p12.nysed.gov/specialed/lawsregs/2001-2005-April2012.pdf • ACCES Adult Career and Continuing Education • IDEA Individuals with Disabilities Education Act Services • IDEIA Individuals with Disabilities Education • ADA Americans with Disabilities Act Improvement Act (December 2004) • ADD Attention Deficit Disorder • IEE Independent Educational Evaluation • ADHD Attention Deficit/Hyperactivity Disorder • IEP Individualized Education Program • APR Annual Performance Report (State report on • IESP Individualized Education Services Program SPP performance) • IHO Impartial Hearing Officer • AT Assistive Technology • ILC Independent Living Center • AU Autism • LD Learning Disability • AYP Adequate Yearly Progress • LEA Local Educational Agency • BIP Behavioral Intervention Plan • LEP Limited English Proficiency • CDOS Career Development and Occupational Studies • LOTE Language Other Than English Learning Standards • LRE Least Restrictive Environment • CPSE Committee on Preschool Special Education • MD Multiple Disabilities • CSE Committee on Special Education • NCLB No Child Left Behind Act, 2002 • CT Consultant Teacher • NYSAA New York State Alternate Assessment • DB Deaf-Blindness • NYSED , P-12 office New York State Education • DF Deafness Department, Office of Preschool-12 Grade • DOH Department of Health • OHI Other Health Impairment • ECDC Early Childhood Direction Center • OI Orthopedic Impairment • ED Emotional Disturbance • OMH Office of Mental Health • EI Early Intervention (Program) • OPWDD Office for People with Developmental • ELL English Language Learner Disabilities • ESL English as a Second Language • PD Pupils with Disabilities (PD) data • ESY Extended School Year • PWD Preschooler with a Disability • FAPE Free Appropriate Public Education • SEIT Special Education Itinerant Teacher • FBA Functional Behavioral Assessment • SI Speech/Language Impairment • FERPA Family Educational Rights and Privacy Act • SPP State Performance Plan • HI Hearing Impairment • SRO State Review Officer • IAES Interim Alternative Educational Setting • TBI Traumatic Brain Injury • ID Intellectual Disability • VI Visual Impairment 5
Federal Laws and Regulations Regarding Individuals with Disabilities • IDEA (Individuals with Disabilities Education Act) http://www.p12.nysed.gov/specialed/idea – A federal law governing special education ages 3-21 – First enacted in 1975. Most recently reauthorized in 2004. – Entitles students to a free appropriate public education – Establishes the basis for state law and regulations governing student with disabilities • Part 300 of Federal Regulations Federal regulations implementing IDEA http://www.p12.nysed.gov/specialed/idea/finalregs.htm • Section 504 of the Rehabilitation Act http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html – Section 504 is a federal Civil Rights Act to ensure nondiscrimination based on disability in federally funded programs. – Section 504 covers individuals not necessarily covered under IDEA, such as students whose disability does not meet the definition of one of the classifications covered by IDEA. • ADA (Americans with Disabilities Act) http://www.ada.gov/pubs/adastatute08.pdf – Civil Rights legislation prohibiting discrimination and ensuring equal opportunity for persons with disabilities in employment, government services, public accommodations, commercial facilities, etc. – Relates to equal access issues, such as handicap assessable buildings. • FERPA (Family Educational Rights and Privacy Act) http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html – Governs the confidentiality of education records • Technology-Related Assistance Act of 1988 – Requires states to develop consumer-responsive programs of technology-related services for individuals with disabilities of all ages. – Defines assistive technology (AT) device and services. – These definitions were incorporated into IDEA in 1990, thus, providing AT devices and services would be the responsibility of the LEA if the IEP team deemed them necessary to facilitate appropriate special education services. 6
The Special Education Process for Principals CSE Process Child Find Prereferral/ Referral Timeline Membership IEP: Forms & Notices Components IEP Dissemination and Implementation Testing Accommodations 7 Declassification
Referral vs. Request for Referral Referral 200.4(a)(1) Request for Referral 200.4(a)(2) By Whom Process By Whom Process •Parent of the child If received by chairperson, •Professional staff Requests for referral submitted by persons other than the student or they must notify principal member of the school judicial officer must include: •District designee within 5 school days district •Reasons for the referral and test results, records, or reports •Intervention services, programs or methodologies used to •Commissioner or designee If received by a principal, •Licensed physician remediate the student’s performance prior to referral, or state of a public education immediately notifies the reasons why no such attempts were made agency with responsibility Chairperson •Judicial officer •Describe the extent of prior parent contact for educating the student (e.g., Office of Mental “Date of receipt” = the date •Professional staff Health for a child attending received by the committee Upon receiving a request for referral, a school district must within 10 member of a public a State operated psychiatric chairperson or principal, school days, either: agency with Center Education Program) whichever is earliest responsibility for •Request parent consent to initiate evaluation; or welfare, health or •A designee of an Chairperson immediately education of children •Provide the parent with a copy of the request for referral; and education program affiliated notifies parent of referral, •Inform the parent of his/her right to refer the child for an initial with a child care institution provides Procedural •Student who is 18 evaluation; and with CSE responsibilities Safeguards Notice, the Parent years of age or older, •Offer the parent the opportunity to meet to discuss the (e.g., Article 81 residential Guide to Special Education, or an emancipated request for referral and, as appropriate, the availability of programs with a school prior written notice to conduct minor appropriate gen. ed. support services. component) an initial evaluation, and requests consent to evaluate Withdrawal of Referral Principal may request a meeting with the parent, student if appropriate, and referring staff member to determine whether the student would benefit from additional general education support services as an alternative to special education. Meeting must occur within 10 school days of receipt of referral. If they agree to withdraw the referral, this must be documented in writing, including alternative interventions to be tried, data to be collected, the duration of the intervention, and a time to review progress. A copy of the agreement goes to the parent, referring individual, and cumulative education file 8
CSE Process Timeline Receipt of BOE Annual Evaluation completed IEP developed. parent arranges for Review Program / consent to approved services initiate private implemented evaluation school placement, if ‘Clock’ Starts applicable Within 60 calendar days* As soon as possible, but not later than 60 school days from date of consent *Initial evaluation timeline does not apply if parent repeatedly fails/ refuses to produce Within 30 school days of the student for evaluation. receipt of recommendation *Can agree to another evaluation timeline if child moves to another district during evaluation, or if the student is being evaluated for a learning disability Within 1 year from meeting 9
CSE Process Timeline Referral Evaluation, Eligibility & IEP Implementation Annual Review Reevaluation Recommendation Date of referral = date Begin evaluation process upon receipt Within 60 school days of The CSE must meet at least The student must be written referral is received of consent. Prior written notice was consent to evaluate, the annually, but more often if reevaluated at least once by CSE chairperson or the given to parent with request for consent BOE must arrange for necessary, based upon the every 3 years, but more building administrator, to evaluate. services per the IEP. student’s performance or often if necessary, based whichever is earliest. request by parent or staff on student’s performance. Evaluation must be completed within 60 If recommending an member. If received by administrator, calendar days of receipt of consent. approved private school, Not more than once per they immediately notify The 60 days does not apply if the child BOE must arrange for Meeting notice given to parent year, unless agreed to by CSE chairperson. transfers districts during the evaluation, services within 30 school 5 calendar days before the parent and district. or if the parent repeatedly fails to make days of receipt of the meeting. If received by CSE, they the child available for the evaluation. recommendation. The timeline may be extended by Reevaluation requires notify building administrator After annual review, provide agreement between parent and district If BOE disagrees with parental consent, unless within 5 school days. prior written notice of for a child suspected of having a recommendation, it may the district can document it recommendation and copy of has attempted to get learning disability. ask CSE to reconvene, or CSE chairperson new IEP to parent. consent and the parent immediately notifies parent, may establish a second committee, but must still didn’t respond. requests consent to Meeting notice given to parent at least 5 An IEP must be in place at the evaluate, and gives prior calendar days before CSE meeting. implement a program within the applicable timeline. start of each school year. written notice. Parent and CSE may agree Hold CSE meeting to determine in writing that the eligibility and recommendations. Parent notified of BOE After the annual review, the reevaluation is not needed. Building administrator may approval and asked for IEP may be amended without Document agreement and request a meeting with consent for initial provision a meeting by mutual establish date for next parent to consider other Forward the recommendation to BOE. of services. agreement between parent reevaluation. interventions. Meeting must and district. Amendment must happen within 10 days. Send prior notice to parent of CSE Parent provided copy of be documented and provided They may agree to District must complete and recommendation and evaluation report. IEP. to parent and district staff withdraw the referral. consider a reevaluation responsible for implementing Document agreement, prior to declassifying a If found to be ineligible, the the IEP. including follow-up meeting Teachers and service student. recommendation shall indicate the date. providers are provided a reasons for ineligibility. A copy of the Amending the IEP by written recommendation and appropriate paper or electronic copy of Committee must meet to If no consent after 30 days, IEP, and the Chairperson agreement without meeting evaluation information are provided to discuss the reevaluation chairperson shall document designates an employee during the course of the year the building administrator who results. This meeting may attempts to obtain consent with knowledge of the does not eliminate the determines if support services are be consolidated with other and shall notify BOE that student to inform them of requirement for an annual appropriate. A copy of the committee meetings. If they may request an their responsibilities for review. recommendation and the evaluation consolidating meetings, the impartial hearing to seek implementing the IEP. meeting notice must report is provided to the parent . permission to evaluate indicate the dual purpose of without consent. the meeting.
Testing Accommodations http://www.p12.nysed.gov/specialed/publications/policy/testaccess/policyguide.htm The principal promotes the expectation at the school building level that students with disabilities are capable learners who will participate and succeed in all local and State testing programs. The principal in each school is responsible for: • implementing the school district’s policies that provide equal access to instructional and assessment programs for all students; • ensuring that testing accommodations are consistently and appropriately implemented during the administration of local and State assessments and classroom quizzes and tests, as specified in each student’s IEP/504 Plan; and • exercising professional discretion, on an emergency basis, in allowing certain testing accommodations for a student who incurs a disability shortly before the administration of a State examination, without sufficient time for the development of an IEP/504 Plan. Building principals should also be familiar with the policies and procedures included in the School Administrators Manuals distributed by the Office of State Assessment for the following testing programs: • Elementary and Intermediate-Level Tests, and • Regents Examinations, Regents Competency Tests and Proficiency Examinations. These publications address general requirements for the administration of the various State assessments, as well as special considerations for students with disabilities and students who have limited English proficiency. Test Access and Accommodations for Students with Disabilities Policy and Tools to Guide Decision-Making and Implementation (May 2006) 11
The Special Education Process for Principals Least Restrictive Environment LRE Continuum of Service 1:1 Aides Scheduling 12
School-Age Continuum of Services Synopsis GROUPING, CLASS SIZE and SERVICE PURPOSE FREQUENCY DURATION LOCATION Provided By CASELOAD Related Developmental, corrective and other IEP must specify IEP must IEP must specify location May be provided individually or in a group. Appropriately supportive services. Common related services how often each specify the where services will be Maximum group size is 5 – specified on IEP if certified providers Services include, but are not limited to: speech- service will be duration of each provided. group size less than 5 is recommended language, counseling, occupational therapy, provided during a related services physical therapy, assistive technology particular time session Speech and language therapy maximum services, school health services, interpreting period- e.g., caseload is 65. services, school nurse services, audiology number of times per services day, or week Except: In the city school district of the city of New York, a variance of up to 50 percent Does not include a medical device that is rounded up to the nearest whole number from surgically implanted, optimization of that the maximum of five students per teacher or device’s functioning, maintenance or specialist is authorized by State law and replacement of the device regulation. May provide more than one related service, or related services in combination with other regular or special education programs Consultant Direct: to aid the student to benefit from the IEP must specify Minimum- two Direct: MUST be Individual or group basis (based on similarity of Certified Special general education class instruction how often service hours per week, provided in the need) Education Teacher Teacher will be provided in any classroom, NOT pull out. Direct or Indirect: to assist the general education during a particular combination of IEP must identify the Caseload- 20 students Certified Reading Indirect teacher in adjusting the learning environment time period- e.g., direct and/or class subject (s) where Can request variance for over 20. Teacher for and/or modifying his/her instructional methods number of times per indirect CT consultant teacher students grouped to meet the individual needs of the student day, or week. services service will be provided. for reading needs with a disability who attends the general education class Indirect: The general education class taught by the teacher receiving the consultation Consultant To meet the needs of a student who could IEP must specify Minimum- three Consultant Teacher- Consultant Teacher- same as above Certified Special benefit from the two types of services, but who how often service hours per week same as above Education Teacher Teacher in does not need two hours per week of will be provided (Combination Resource Room- instruction group maximum combination Consultant Teacher and three hours per week during a particular Resource Room Resource Room size of 5 students – specified on IEP if group Certified Reading with of Resource Room time period- e.g., and Consultant size less than 5 is recommended Teacher for Resource number of times per Teacher) Total caseload- students grouped Room day, or week. Grades 1-6, 20 students for reading needs Grades 7-12, 25 students For additional information see: Section 200.6, www.p12.nysed.gov/specialed/publications/lawsandregs/sect2006.htm 13 Continuum of Special Education for School-Age Students with Disabilities, April 2008 Memorandum, www.p12.nysed.gov/specialed/publications/policy/schoolagecontinuum.html
School-Age Continuum of Services Synopsis SERVICE PURPOSE FREQUENCY DURATION LOCATION GROUPING, CLASS SIZE and CASELOAD Provided By To provide specialized supplementary IEP must specify how Minimum- three Resource Room or push-in Students grouped by similarity of need. Certified Special Resource small group instruction. This supplementary often service will be hours per week to the general education Education Teacher Room instruction is provided in addition to the provided during a Maximum- 50% of classroom, provided that Instructional group maximum of 5 students– specified on IEP if general education or special education particular time period- school day the resource room teacher group size less than 5 is recommended Certified Reading classroom instruction that the student e.g., number of times per provides supplemental Teacher for students receives. It is not provided in place of the day, or week. instruction (see “purpose” Total caseload- grouped and in student’s regular instruction. column) Grades 1-6, 20 students Resource Room for Grades 7-12, 25 students reading needs Except: New York City only may increase the number of students in a resource room program up to a maximum of eight students to one teacher; and may increase the maximum number of students with disabilities assigned to an elementary school resource room teacher to 30; and to a multi-level middle or secondary school program resource room teacher to 38. The provision of specially designed IEP must specify how May be provided for General education class(s) Students grouped based on similarity of needs. Certified General Integrated instruction and academic instruction often service will be all or part of the where integrated co- Education Teacher Co- provided to a group of students with provided during a school day (e.g., a teaching will be provided. Maximum number of students with disabilities on the class roster for and certified Special Teaching disabilities and non-disabled students. The particular time period- class period) integrated co-teaching is 12. The roster of 12 students includes any Education Teacher responsibility for planning, delivering and e.g., number of times per student with a disability in that class regardless whether all 12 are evaluating instruction for all students is day, or week. recommended for integrated co-teaching. No regulatory maximum shared by the general and special number of non-disabled students, but the number of non-disabled education teachers. Does not have to be students should be more than or equal to the number of students daily (e.g., 3 days per with disabilities. Districts may choose to include integrated week) co-teaching in its continuum of services. To provide primary instruction that is IEP must specify how All or part of the Special Class Grouped based on similarity of needs. Certified Special Special specially designed to meet the similar often service will be school day Education Teacher Class needs of a group of students in a self- provided during a NOT in the general Must include class size ratio in the IEP. contained setting, separate from their non- particular time period- education classroom 15:1 Specialized instruction Certified Reading disabled peers. e.g., number of times per 12:1+1 Management needs interfere with Teacher for students day, or week. Instructional process grouped for reading 8:1+1 Intensive management needs needs 6:1+1 Highly intensive management needs 12:1+(3:1) Severe, multiple disabilities Age Range in Special Class • For students less than16 years of age the age range shall not exceed 36 months 14
Guidelines for Determining a Student with a Disability’s Need for a One-to-One Aide www.p12.nysed.gov/specialed/publications/1-1aide-jan2012.pdf Each decision to recommend a one-to-one aide must weigh the factors of both (1) the student’s individual needs and (2) the available supports in the setting where the student’s IEP will be implemented. There are a number of important considerations that must be made by the CPSE/CSE in regard to each of these factors. These include, but are not limited to, consideration of each of the following : • What are the needs of the student which necessitate the assignment of a 1:1 aide? • What skills and goals must the student achieve to reduce or eliminate the need for a 1:1 • What are the potential benefits of the assignment of a 1:1 aide? • What is the potential negative impact of assignment of a 1:1 aide? • What role will 1:1 aide fulfill (e.g., instructional; behavior support; personal hygiene assistance)? • For what specific activities (e.g., toileting) and/or times of day (e.g., transition to and from the bus) is the aide needed? • What qualifications of the individual (i.e., teaching assistant or teacher aide) are necessary to meet the needs of the student? • What is the plan to monitor the student’s progress toward the goals to be addressed by the assignment of the one-to-one aide and the student’s continuing need for the one-to-one ? • What is the plan for progressively reducing the support provided to the student and his or her dependence on an aide over time? • If student’s one-to-one aide is absent, who will cover in order to ensure the student receives the recommended IEP services of the one-to-one aide or how will substitute staff support be arranged? • Who/how will one-to-one aide have access to a copy of the student’s IEP, and be informed of his or her responsibilities for IEP implementation for the student? • What, if any, professional development and supervision will aide need to carry out these 15 responsibilities?
The Special Education Process for Principals Access to General Education Curriculum Classroom Accommodations and Modifications Assistive Technology Quality Indicator Tools Specially-designed Instruction 16
Specially-designed Instruction: means adapting, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction to address the unique needs that result from the student’s disability; and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards that apply to all students. Section 200.1(vv) of the Regulations of the Commissioner of Education • Specially-designed instruction encompasses a variety of provisions for students with disabilities in order to meet their individual needs. Some examples are: – Accommodations – Modifications – Specialized equipment – Adaptive technology – Strategy instruction- explicitly planned and delivered – Analysis of tasks – Instruction based on student gaps – Pre-teaching/ re-teaching – Scaffolding 17 – Development of metacognitive strategies
The Special Education Process for Principals Discipline Part 201 Disciplinary Procedures 18
Part 201 Regulations of the Commissioner of Education Procedural Safeguards For Students with Disabilities Subject to Discipline • 201.1 Purpose • 201.2 Definitions • 201.3 CSE responsibilities for functional behavioral assessments and behavioral intervention plans (FBA/BIP) • 201.4 Manifestation determinations. • 201.5 Students presumed to have a disability for discipline purposes • 201.6 CSE responsibilities for expedited evaluations • 201.7 General procedures for suspensions and removals of students with disabilities • 201.8 Authority of impartial hearing officer to order a change in placement to an interim alternative educational setting (IAES) in a dangerous situation • 201.9 Coordination with superintendent's hearing and other due process procedures applicable to all students • 201.10 Provision of services during suspensions • 201.11 Expedited due process hearings http://www.p12.nysed.gov/specialed/lawsregs/part201.htm 19
Disciplinary Procedures Due Process Protections for ALL Students: • Suspension 5 school days or less: • Suspension in excess of 5 consecutive – Written notice and phone call school days: – Right to request an informal conference – Written notice – Fair hearing with Superintendent – Alternative education Additional Protections for Students with Disabilities: • FAPE • Functional Behavioral – Whenever the student is removed for Assessment/Behavioral Intervention Plan more than 10 days in a school year – Whenever there is a manifestation • Requirements for removals to an IAES (relationship) between the behavior and – Illegal drugs and/or controlled the student’s disability substances • Expedited due process hearing – Weapons – pendency – Serious bodily injury • Protections for students “presumed to have – Dangerousness (IHO removal) a disability” • Manifestation Determination – Same protections apply – Whenever there is a disciplinary • Expedited evaluations change in placement – For non-disabled students who were referred for an evaluation during the time of suspension 20
__________________________ Make a note of who your “go to” __________________________ person is within your district for __________________________ additional information. __________________________ Things to Remember… _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ What collaboration do I need to develop within my district? _______________________________________________________________ What does that look like? (Purpose) _______________________________________________________________ State vetted training topics: (Highlight any training you are interested in yourself/staff attending and contact your Regional Trainer for more information.) • CPSE/CSE Chairpersons • Transition Assessments • IEP Development • Transition in the IEP • Parent Member of CPSE/CSE • IEP Forms and Notices • Assistive Technology and Accessible Instructional Materials • Testing Accommodations 21 • Educational Benefit • Transition for Families
Resources School Administrator’s Manuals distributed by the Office of State Assessment for: • Elementary and Intermediate-Level Tests - http://www.p12.nysed.gov/assessment/ • Regents Examinations, Regents Competency Tests, and Proficiency Examinations- http://www.p12.nysed.gov/assessment/ Office of State Education’s IDEA 2004 page: http://www.p12.nysed.gov/specialed/idea/home.html Office of State Education’s Laws and Regulations page: http://www.p12.nysed.gov/specialed/publications/lawsandregs/home.html Office of State Education’s State Performance Plan page: http://www.p12.nysed.gov/specialed/spp/home.html Office of State Education’s Alternate Assessment page: http://www.p12.nysed.gov/assessment/nysaa/ Response to Intervention Guidance for New York State School Districts: October 2010: http://www.p12.nysed.gov/specialed/RTI/guidance/cover.htm Test Access & Accommodations for Students with Disabilities - Policy and Tools to Guide Decision- Making and Implementation - http://www.p12.nysed.gov/specialed/publications/policy/testaccess/policyguide.htm Guide to Quality Individualized Education Program (IEP) Development and Implementation - February 2010 - http://www.p12.nysed.gov/specialed/publications/iepguidance/IEPguideDec2010.pdf 22
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