The Special Education Process for Principals - Eastern Suffolk ...

 
The Special Education Process for Principals - Eastern Suffolk ...
The Special
 Education
Process for
 Principals
The Special Education Process for Principals - Eastern Suffolk ...
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
23
You can also read
NEXT SLIDES ... Cancel