The Special Education Process for Principals
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 Least Restrictive Foundation CSE Process Discipline Education Environment Curriculum Acronyms & Child Find LRE Classroom Part 201 Glossary Terms Accommodations and Modifications Continuum of Prereferral/ Federal & Disciplinary Service Referral Procedures Assistive State Laws Technology 1:1 Aides Timeline State Performance Quality Plan Scheduling Membership Indicator Tools Procedural Safeguards IEP: Specially- Forms & Notices Notice designed Components Instruction Accessible IEP Dissemination Instructional and Materials 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 • IDEA Individuals with Disabilities Education Act • ACCES Adult Career and Continuing Education • IDEIA Individuals with Disabilities Education Services Improvement Act (December 2004) • ADA Americans with Disabilities Act • IEE Independent Educational Evaluation • ADD Attention Deficit Disorder • IEP Individualized Education Program • ADHD Attention Deficit/Hyperactivity Disorder • IESP Individualized Education Services Program • APR Annual Performance Report (State report on • IHO Impartial Hearing Officer SPP performance) • ILC Independent Living Center • AT Assistive Technology • AU Autism • LD Learning Disability • LEA Local Educational Agency • AYP Adequate Yearly Progress • BIP Behavioral Intervention Plan • LEP Limited English Proficiency • LOTE Language Other Than English • CDOS Career Development and Occupational Studies 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 Department, Office of Preschool-12 Grade • DF Deafness • OHI Other Health Impairment • DOH Department of Health • OI Orthopedic Impairment • ECDC Early Childhood Direction Center • ED Emotional Disturbance • OMH Office of Mental Health • OPWDD Office for People with Developmental • EI Early Intervention (Program) Disabilities • ELL English Language Learner • PD Pupils with Disabilities (PD) data • ESL English as a Second Language • PWD Preschooler with a Disability • ESY Extended School Year • SEIT Special Education Itinerant Teacher • FAPE Free Appropriate Public Education • SI Speech/Language Impairment • FBA Functional Behavioral Assessment • SPP State Performance Plan • FERPA Family Educational Rights and Privacy Act • SRO State Review Officer • HI Hearing Impairment • TBI Traumatic Brain Injury • IAES Interim Alternative Educational Setting • VI Visual Impairment • ID Intellectual Disability 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: within 5 school days district •District designee •Reasons for the referral and test results, records, or reports •Intervention services, programs or methodologies used to If received by a principal, •Licensed physician •Commissioner or designee remediate the student’s performance prior to referral, or state immediately notifies the of a public education reasons why no such attempts were made Chairperson agency with responsibility •Judicial officer •Describe the extent of prior parent contact for educating the student “Date of receipt” = the date (e.g., Office of Mental •Professional staff Upon receiving a request for referral, a school district must within 10 received by the committee Health for a child attending member of a public school days, either: chairperson or principal, a State operated psychiatric agency with whichever is earliest Center Education Program) responsibility for •Request parent consent to initiate evaluation; or welfare, health or Chairperson immediately •A designee of an education of children •Provide the parent with a copy of the request for referral; and notifies parent of referral, education program affiliated •Inform the parent of his/her right to refer the child for an initial provides Procedural with a child care institution •Student who is 18 evaluation; and Safeguards Notice, the Parent with CSE responsibilities years of age or older, •Offer the parent the opportunity to meet to discuss the Guide to Special Education, (e.g., Article 81 residential or an emancipated request for referral and, as appropriate, the availability of prior written notice to conduct programs with a school minor appropriate gen. ed. support services. an initial evaluation, and component) 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. 8 A copy of the agreement goes to the parent, referring individual, and cumulative education file
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