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special education in new york state for children ages 3­21 a parent s guide the university of the state of new york the state education department vocational and educational services for individuals with disabilities albany new york 12234 may 2002

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the state education department/the university of the state of new york/albany ny 12234 deputy commissioner for vocational and educational services for individuals with disabilities tel 518 474-2714 fax 5180 474-8802 dear parents and families parents and family members are critical partners along with school district personnel in the education of their children parents provide essential information to teachers and administrators play an important role in decisions made about their children and can be a key to supporting high expectations for their children during their school years the new york state board of regents and the state education department have set high goals for educational programs and services for students with disabilities in new york among them are · all students will meet high standards for academic performance and personal behavior and demonstrate the knowledge and skills required by a dynamic world · all educational institutions will meet regents high performance standards · the public will be served by qualified ethical professionals who remain current with best practice in their fields and reflect the diversity of new york state · education information and cultural resources will be available and accessible to all people the office of vocational and educational services for individuals with disabilities vesid strategic plan is driven by a vision that is based on the belief that individuals with disabilities given high expectations opportunities and support when necessary will live successful adult lives children learn to become independent adults contributing to society and participating in the community through quality educational and social experiences with their peers the rehabilitation act of 1992 states clearly that disability is a natural part of the human experience and that individuals with disabilities have the right to · live independently · contribute to society · pursue meaningful careers · enjoy self-determination · make choices · enjoy integration in the economic political social cultural and educational mainstream of american society this document provides information for parents guardians and other family members about laws regulations and policies affecting special education programs and services however these protections rights and opportunities will best help students reach their full potential when parents families and schools work collaboratively setting high expectations for students and high standards for programs will provide the greatest opportunities for a successful adult life sincerely lawrence c gloeckler

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the university of the state of new york regents of the university robert m bennett chancellor b.a m.s adelaide l sanford vice chancellor b.a m.a p.d diane o neill mcgivern b.s.n m.a ph.d saul b cohen b.a m.a ph.d james c dawson a.a b.a m.s ph.d robert m johnson b.s j.d anthony s bottar b.a j.d merryl h tisch b.a m.a geraldine d chapey b.a m.a ed.d arnold b gardner b.a ll.b harry phillips 3rd b.a m.s.f.s joseph e bowman jr b.a m.l.s m.a m.ed ed.d lorraine a cortÉs-vÁzquez b.a m.p.a judith o rubin a.b james r tallon jr b.a m.a milton l cofield b.s m.b.a ph.d president of the university and commissioner of education richard p mills chief operating officer richard h cate deputy commissioner for vocational and educational services for individuals with disabilities lawrence c gloeckler manager special education policy rita d levay coordinator special education policy erlinda rejino tonawanda hollis staten island new rochelle peru huntington north syracuse new york belle harbor buffalo hartsdale albany bronx new york binghamton rochester the state education department does not discriminate on the basis of age color religion creed disability marital status veteran status national origin race gender genetic predisposition or carrier status or sexual orientation in its educational programs services and activities portions of this publication can be made available in a variety of formats including braille large print or audio tape upon request inquiries concerning this policy of nondiscrimination should be directed to the department s office for diversity ethics and access room 152 education building albany ny 12234 requests for additional copies of this publication may be made by contacting vesid ­ special education policy unit room 1624 ocp albany ny 12234 or your local setrc.

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table of contents the special education process 1 initial referral for special education services 2 individual evaluation process 4 eligibility for special education 6 individualized education program iep 8 annual review/reevaluation 12 your general rights as a parent 13 your child s educational records 15 evaluations 17 notice and parent consent 18 reimbursement for placement made by parents in a private school 22 timelines 23 due process rights 24 disciplinary procedures 32 references 33 request for due process proceedings 35 members of committees 37 resources 39 vesid special education quality assurance regional offices 40 parent centers 41 other resources 42 agency resources 43 index 45 v

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the special education process what is special education special education means specially designed individualized or group instruction or special services or programs to meet the unique needs of students with disabilities special education services and programs are provided at no cost to the parent what are the steps in the special education process step 1 initial referral for special education services students suspected of having a disability are referred to a multidisciplinary team called the committee on special education or the committee on preschool special education step 2 individual evaluation process the committee arranges for an evaluation of the student s abilities and needs step 3 determining eligibility for special education services based on evaluation results the committee decides if the student is eligible to receive special education services and programs step 4 individualized education program iep if the child is eligible to receive special education services the committee develops and implements an appropriate iep based on evaluation results to meet the needs of the student based on the iep the committee must determine the student s placement ensuring that services are provided in the least restrictive environment lre placement must be as close as possible to the student s home and unless the student s iep requires some other arrangement the student must be educated in the school he or she would have attended in not disabled for more information on least restrictive environment see page 11 step 5 annual review/reevaluation the iep is reviewed and if needed modified or revised by the committee at least once a year annual review the student has a reevaluation at least once every three years to review the student s need for special education programs and services and to revise the iep as appropriate a reevaluation may also occur when conditions warrant or when requested by a parent or teacher the process occurs sequentially with each step building on the previous one in this way comprehensive information about the student is obtained and considered timelines are in place so that delays are avoided parents are an integral part of this process and your involvement is encouraged 1

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initial referral for special education services what should you do if you feel your child needs special education if you have a preschool child and you have noticed that your child is not developing skills such as walking talking or playing like other young children you may want to talk to your family doctor he or she may be able to reassure you that children develop at different rates and your child is within the normal developmental scales if however the doctor is concerned or you are still not comfortable with your child s progress you may make a referral to your school district s committee on preschool special education cpse if your three-year-old child received services from the early intervention program and is in need of special education services he or she will need to transition move from the early intervention program into the preschool special education program the early intervention official from your county must give written notice to the cpse in your local school district that your child may be transitioning from the early intervention program with your consent a transition plan must be developed no later than three months before your child s third birthday if your school-age child is having difficulties in school first talk to his or her teacher many schools offer supports for students within regular education such as psychological services speech and language improvement services curriculum and instructional modifications and academic intervention services if you the teacher and principal have not been able to help your child your child may have a disability which affects his or her learning to find out you can make a referral to the committee on special education cse what is a referral for special education a referral is a written statement asking that the school district evaluate your child to determine if he or she needs special education services this written statement should be addressed to the chairperson of your school district s committee or your school principal the referral may result in a request to have your child tested to see if he or she needs special education services in some cases you may want to meet with the principal before agreeing to test your child to discuss other ways to assist your child as a result the referral may be withdrawn 2

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who else can make a referral for special education you the parent can always make a referral for your child your child s teacher or a professional in your child s school may also make a referral to the committee additional people who may make a referral include doctors judicial officers such as a family court judge or a probation officer or a designated person in a public agency for a preschool child any of the people mentioned above may make a referral to the cpse in addition a referral may also be made by someone from an early childhood direction center an approved preschool program or an early intervention program that serves children with disabilities from birth to age three a student over eighteen and younger than 21 who is an emancipated minor may refer him or herself what are the committee on preschool special education cpse and the committee on special education cse every school district has a cpse and a cse that decides a child s special education needs and services the cpse is responsible for children with disabilities ages 3-5 the cse is responsible for children with disabilities ages 5-21 some school districts also have subcommittees on special education sometimes called the sub cse in new york city the subcommittee is sometimes called the school based support team you are a member of the committee that will recommend special education services for your child you know your child better than anyone else and you have valuable knowledge to bring to committee discussions other members of the committees are people who have a broad range of experiences planning for and/or working with students with disabilities together you will work to make sure that special education programs and services are provided to meet your child s needs throughout this guide these committees will be referred to as the committee or in some cases more specifically as the cse or cpse members of each of these committees are listed on page 37 3

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individual evaluation process what is an individual evaluation after your child is referred for an evaluation for special education you will be asked to give your written consent to have your son or daughter evaluated the results of an evaluation help determine if special education services or programs are needed an evaluation includes various assessment tools and strategies these tests determine what your child s learning difficulties may be and how those difficulties affect his or her participation and progress in the general education curriculum this evaluation is at no cost to you as a parent it will be helpful to share with the committee the important information you have about your child s skills abilities and needs including copies of any evaluations you have on your child the committee must consider information from parents when making decisions what is your role in the individual evaluation process parents of preschool children will be asked to select an approved evaluator from a list of evaluation sites if you have concerns about providing consent you can talk to the committee chairperson if you do not provide consent for your preschool child ages 3-5 to be evaluated the committee on preschool special education will take steps to make sure that you have received and understand the request for consent for evaluation of your child but the district may not go forward without your consent if you have a school-age child the school district is responsible for providing the evaluation as a parent you have input as to the tests and assessments to be conducted on your child before an evaluation is conducted you will be asked for your suggestions about evaluating your child and be given information about the kinds of tests that will be used if you have questions about the purpose or type of evaluation proposed you should discuss them with the chairperson of the committee 4

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what is included in an individual evaluation evaluations must be comprehensive and provide information about your child s unique abilities and needs evaluations include information from parents and a group of evaluators including at least one special education teacher or other person with knowledge of your child s suspected disability an evaluation will provide information that relates to your child in his or her classroom it will tell what your child needs to be involved in to participate and progress in general education curriculum tests and assessments given as part of an evaluation must be given in your child s language by people who are trained knowledgeable and/or certified to give the tests the tests must be fair and not discriminate racially or culturally an initial evaluation to determine your child s needs must include · a physical examination · a psychological evaluation if determined appropriate for school-age students but mandatory for preschool children · a social history · observation of your child in his or her current education setting · other tests or assessments that are appropriate for your child such as a speech and language assessment or a functional behavioral assessment · vocational assessments required at age 12 the results of the evaluation must be provided to you this may involve a meeting with the committee in which the technical language and scoring of individual tests and assessments are explained to you usually by the professionals who administered the tests or assessments in addition you must be given a copy of the evaluation report you may also bring in evaluation information which the committee must consider if you feel that an evaluation conducted by the committee is not appropriate or if you disagree with the results you can obtain and request that the school district pay for an independent educational evaluation iee for more information about evaluations and independent educational evaluations see page 17 5

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eligibility for special education what happens after the individual evaluation after the evaluation is completed you will be invited to a meeting as a member of the committee to talk about the results you should attend this meeting because you have important information to share about your child if you can not attend you have the right to ask the district to change the time or place of the meeting at the meeting the committee will review the evaluation results based on that information and information that you provide the committee decides if your child is eligible or ineligible to receive special education programs and/or services in order to be eligible a child must have a disability that affects his or her ability to learn in new york state a child ages 3-5 may be identified as a preschool student with a disability if the cpse identifies the child as having a disability because of mental physical or emotional reasons some preschool children may be identified as having autism deafness deaf-blindness hearing impairment orthopedic impairment other health impairment traumatic brain injury or visual impairment preschool students must meet one of the eligibility criteria to be determined eligible as a child with a disability who requires special education the criteria are described in section 200.1mm of the regulations of the commissioner of education a student with a disability means a child with a disability as defined in education law who does not turn 21 before september first who is entitled to attend public school who because of mental physical or emotional reasons has been identified as having a disability and who requires special services or programs students ages 5-21 who are identified as having a disability may have autism deafness deaf-blindness emotional disturbance hearing impairment learning disability mental retardation multiple disabilities orthopedic impairment other health impairment speech or language impairment traumatic brain injury or visual impairment including blindness these terms are defined in section 200.1 zz of the regulations of the commissioner of education what happens if your child is ineligible for special education services if you with the committee decide that your child does not require special education services or programs the committee will provide you with information indicating why the child is ineligible if your child is of school-age the committee · will also send information to the principal of your child s school the principal will be able to work with professionals in the school or with your child s current teacher the reading teacher the guidance counselor or another specialist to help your son or daughter and · may make a referral under section 504 of the rehabilitation act of 1973 a federal civil rights law to another multidisciplinary team within the school you will receive a written notice that explains the committee s decision and the information on which that decision was based if you disagree with the decision of the committee you may request mediation and/or an impartial hearing to resolve the disagreement mediation and impartial hearings are discussed on pages 24-31 6

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what happens if your child is eligible for special education services if the committee decides your child is eligible for special education services the committee must identify the one disability category that most appropriately describes your child the determination of a disability category is used solely for eligibility purposes and does not prescribe the program or services your child will receive the committee will develop and implement an individualized education program iep to meet your child s needs see next page you will receive a written notice that explains the committee s decision and the information on which that decision was based if you disagree with the decision of the committee you may request mediation and/or an impartial hearing to resolve the disagreement mediation and impartial hearings are discussed on pages 24-31 what special education services may my child receive for school-age students special education services and programs may include specially designed instruction and supplementary services provided in the regular class consultant teacher services related services resource room programs special classes home and hospital instruction placement in an in-state or out-of-state approved private school and/or 12 month special service and/or program for preschool students special education services and programs may include related services special education itinerant services a half-day preschool program a full-day preschool program 12 month special service and/or program or an in-state residential special education program before recommending that special education services are provided in a setting which includes only preschool children with disabilities the cpse shall first consider providing special education services in a setting where age-appropriate peers without disabilities are typically found 7

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individualized education program iep if your child is eligible for special education services and/or programs the committee must meet to develop a plan to meet your child s unique needs this plan is called an individualized education program iep how is an iep developed the iep development process must consider · your child s strengths · your concerns for your child s education · the results of your child s individual evaluation · the results of any state or districtwide tests or assessments and · any unique needs related to your child s disability such as communication needs behavior etc the iep evolves from a discussion that begins with how your child is doing in school current level of functioning from that base the committee agrees on the goals your child should be working toward the committee then discusses the supports and services and modifications that the child needs to reach those goals finally the committee determines where those special education services will be provided location and placement the location where services will be provided and the student s placement must be in the least restrictive environment for preschool children with disabilities special education services can be delivered in day care a regular preschool program or other early childhood program in which you have enrolled your child what planning should occur for preschool children as they transition to school-age programs and services if your child has been receiving preschool special education programs or services you and the committee will need to discuss your child s school program before he or she enters kindergarten sometime during the year before your child is eligible to enter school the committee will decide if 8

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your child continues to have a disability and/or if he or she continues to require special education programs or services if so the cpse will make a referral to the cse if eligible at age five your child may be recommended to receive special education services or programs in the district s kindergarten program or other educational setting however you are not required to enroll your child in the district s kindergarten program your child may be recommended to receive special education services at home or while attending a nursery school day care center or other early childhood program in which you have enrolled your child at your expense what planning should occur for young adults it is also important to plan ahead when your son or daughter becomes a teen-ager so that he or she can prepare for a high school diploma and/or learn skills necessary for employment postsecondary education and/or community living as an adult beginning when your child is age 12 he or she will receive an assessment to determine vocational skills aptitudes and interests by age 14 the committee will begin discussing your child s goals as an adult and how he or she can learn the important skills to meet these goals from this point forward the iep will include programs and services to prepare for adult life transition services to address your child s hopes and dreams for the future transition planning will involve you your child and the school discussing questions such as · · · · · what can your child do now to prepare for being an adult what can you do to help him or her prepare what will your child do after he or she graduates from school or when he or she turns 21 and is no longer eligible to attend school will your child go to college if so what high school courses should he or she take what tests will your child take will your child look for a job right after high school will your child need job training while still in school where will your child live does he or she need to learn new skills to live independently 9

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individualized education program iep if your child is eligible for special education services and/or programs the committee of which you are a member must meet to develop a plan to meet your child s unique needs this plan is called an individualized education program iep some of the requirements of the iep are listed below s your child s name and his or her disability s your child s current abilities needs and evaluation results s goals and objectives for your child to meet this school year annual goals s special equipment your child may need in school s information about the special education programs or services your child will receive what services how often and how long they will be provided to help your child meet his or her goals and support · · your preschool child s participation in appropriate activities or your school-age child s involvement and progress in the general education curriculum s special ways if any your child will take tests such as a longer time to take tests s program modifications for your child s supports for your child s teachers to help implement your child s iep s how and when you will receive reports on your child s progress s for teenagers transition planning and services s where services will be provided to ensure that programs reflect the least restrictive environment after the consideration of all other iep components the committee determines the recommended placement placement may be in a public school board of cooperative educational services boces approved private school stateoperated school state-supported school or a special act school district placement decisions must be based on the child s strengths and needs and reflect consideration of whether the child can achieve his or her iep goals in a regular class with the use of supplementary aids and services and/or modifications to the curriculum the iep must explain the extent if any to which your child will not be in regular education programs 10

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