Table of Contents - Process to Practice: A Quick Reference Guide for Committee on Special Education (CSE) Chairpersons | VESID-Special Education Home Page

This section of the Guidebook provides questions to consider that are specific to a child and activities that the CSE should consider prior to a CSE meeting.

This section of the guidebook has been developed to help you with school processes and practices that are needed to support CSE functions and certain activities that take place before CSE meetings. This section can be used both to self-evaluate your processes and to prepare for a CSE meeting. This section offers guidance on best practices for districts as well as many required procedures and processes that should be in place as you plan for effective CSE meetings. Each section references a requirement on best practices immediately followed by a checklist of strategies that could be used to implement the requirement or practice. As a CSE chair, you could inventory current practices with a Y/N or simply (4 ) those items you would like to follow-up on through local planning processes.

Citations beginning with "300" refer to federal regulations to implement I.D.E.A., citations beginning with "200" refer to Part 200 (special education) of the Regulations of the Commissioner of Education for the State of New York; citations beginning with "100" refer to Part 100 (general education) of the Regulations of the Commissioner of Education for the State of New York. Other citations refer to applicable New York State Education Law.

Academic Intervention Services (AIS)
Notice of Initial Referral
Withdrawing a Referral
Prior Notice
Written Parental Consent
Notice of CSE Meeting
Due Process Procedural Safeguards Notice
Initial Evaluation for CSE
Re-Evaluation for CSE
Effective Practices for CSE Meetings
General Education Teacher Role
Special Education Teacher Role

ACADEMIC INTERVENTION SERVICES (AIS) is additional instruction designed to supplement the instruction provided in the general curriculum and assist students who are at risk of not achieving the New York State Learning Standards, and/or student support services which may include guidance, counseling, attendance and study skills needed to support improved academic performance. Academic Intervention Services (AIS) are available to students with disabilities on the same basis as non-disabled students. Districts are required to have a plan describing the criteria for student identification, their strategies for implementing AIS services and criteria for concluding AIS.

Section 100.2 (ee) of the Regulations of the Commissioner of Education and January 2000 New York State Education Department Guidelines for Implementing AIS

____Did the school consider AIS for the student prior to referral?

____Does the child meet the district criteria for AIS?

____Are the specific AIS services delineated in a written plan?

____Were the AIS services evaluated and/or modified prior to referral?

____Was information/training on the specific characteristics and needs of the child provided to the AIS providers?

____Other________________________________________________________

A student suspected of having a disability can be referred for an evaluation in writing by parents or by persons other than the parent (i.e., professional staff members of the school district in which the student resides or the school the student attends, physician, judicial officer, commissioner of public agency or student if over age 18). If made by persons others than the parent, the student, or the judicial officer, the reasons for the referral and any supporting information upon which the referral is made must be included. In addition, attempts to remediate the student’s performance prior to the referral must be described or a statement of why no attempts were made, along with a description of the extent of parental contact prior to referral.

______ Did you forward a copy of the referral to the building administrator?

______ Did you provide the notice in the native language of the parent or other mode of communication used by the parent?

______ Did you state the reason(s) for the referral?

______ Does the referral describe previous attempts to remediate the student’s performance?

______ Did you describe the purpose of the evaluation and the uses to be made of the information?

______ Did you indicate that the parent may submit evaluative information, which if submitted, shall be considered by the Committee on Special Education?

WITHDRAWING A REFERRAL

A student suspected of having a disability must be referred for an evaluation in writing. Once the referral has been made, it may be withdrawn. The withdrawal must be in writing.

_____ Was the withdrawal of the referral in writing?

_____ Did you provide a copy of the agreement to withdraw the referral both to the parent and the person who made the referral?

_____ Did the agreement specify any alternative methods to resolve the identified learning difficulty?

_____ Did the agreement provide the opportunity for a follow-up conference within an specified period of time to review the student’s progress?

_____ Was a copy of the agreement placed in the student’s cumulative educational record file?

Prior notice is a due process requirement. It is a written notice that must be given to the parents of a student with a disability, within a reasonable time, prior to the time the school district proposes to, or refuses to, initiate or change the identification, evaluation or educational placement of the student, or provide a free appropriate public education for the student.

____ Did you provide the notice in the native language of the parent or other mode of communication used by the parent?

____ Did the notice inform the parent that evaluative information is being sought and request consent?

____ Did you include the following enclosures with the notice:

_____ description of the proposed evaluation

_____ consent form

_____ Procedural Safeguards Notice

_____ Special Education in New York State for Children 3-21: A Parent’s Guide

____ For a student whom the CSE has determined to be at risk of residential placement, did you provide information to the parent on community support services that may be available?

____ For a student recommended for an approved private school, did you provide a copy of the school’s policy on the use of psychotropic drugs?

Annual Review

____ Did you provide prior notice to the parents on initiation of a re-evaluation? (If the CSE determines that additional evaluative data are not needed, did you notify the parent of the reason and inform them that they have the right to request an assessment to determine continuing eligibility?)

____ Did you provide the parent with the CSE recommendations?

____ Did you include sources for the parent to contact for help in understanding the special education process and their due process rights?

____ Did you provide notice to the parents if the Board of Education disagrees with the CSE or Subcommittee recommendations?

____ Did you provide notice to the parent prior to the student’s graduation with a local high school, Regents diploma or IEP diploma?

____ For a student whom the CSE has determined to be at risk of residential placement, did you provide information to the parent on community support services that may be available?

____ For a student recommended for an approved private school, did you provide a copy of the school’s policy on the use of psychotropic drugs?

Written parental consent is a due process requirement. Parental consent must be obtained prior to an initial evaluation, re-evaluation, an initial provision of special education to a student not previously identified as having a disability, and an initial provision of special education services in a 12 month program. Written parental consent is also required to access parents’ private insurance.

____ Did you obtain consent prior to conducting an initial evaluation?

____ Did you obtain consent prior to conducting a re-evaluation? (If not, did you document your attempts to obtain consent?)

____ Did you obtain consent prior to the initial provision of special education to a student not previously identified as having a disability?

____ Did you obtain consent prior to the initial provision of special education services in a 12 month program?

____ Did you obtain consent prior to accessing a parent’s private insurance?

____ Did you obtain consent prior to withdrawing a written referral for special education?

____ Did you fully inform the parent, in their native language or other mode of communication used by the parent, why their consent is being sought?

____ Did you clearly state to the parent what the proposed activity is for which consent is being sought?

____ Did you list the records (if there are any) that will be released and to whom?

____ Did you let the parent know that their consent is voluntary and may be revoked at any time?

____ In the event the parent does not provide consent, did you provide them with the due process procedural safeguards notice?

Notice of CSE meeting is a written statement that must be provided to the parents whenever the CSE proposes to conduct a meeting related to the development or review of the student’s Individualized Education Program (IEP), or to discuss the provision of a free appropriate public education (FAPE) to the student.

_____ Did you provide the notice in the native language of the parent or other mode of communication used by the parent?

_____ Did you provide notice to the parents within a reasonable time before the meeting?

_____ Did you describe the purpose of the meeting?

_____ Did you invite the parent to review the evaluation results?

_____ Did you indicate parents are equal partners participating in the development of a recommendation regarding eligibility for special education and development of the IEP (if appropriate)?

_____ Did you include?

____date

____time

____location

_____ Did you identify the persons expected to attend the CSE meeting by name and title?

_____ Did you state that the parent has the right to bring others to the meeting who have knowledge of, or special expertise of, the child or the disability?

_____ Did you include a statement indicating that if the parent is unable to attend the meeting, they may reschedule and/or arrange for participation in the meeting by a phone conference?

_____ Did you ask the parent if there is a need for reasonable accommodations, such as a translator, a reader, an interpreter, or access to an elevator?

_____ Did you indicate that the parent must request, in writing, the participation of the physician at least 72 hours prior to the meeting?

_____ Did you state that the parent has the right to decline, in writing, a parent member as a committee member?

_____ If the meeting is being conducted as a sub CSE, did you inform the parents that if they disagree with the recommendation, they may request a full CSE meeting?

_____ Did you include the procedural safeguards notice?

_____ If the purpose of the meeting is to consider transition services:

____ does the meeting notice indicate that transition will be discussed?

____ does the meeting notice indicate that the student will be invited?

____ does the meeting notice indicate what other agencies will be invited to attend?

____ did you include the Procedural Safeguards Notice?

____ did the student get invited tot he meeting?

____ did representatives of agencies likely to provide or pay for transition services get invited to the meeting?

---

The school district must use the procedural safeguards notice prescribed by the Commissioner of Education, which includes a full explanation of all of the available procedural safeguards. The current form is available on the VESID website www.vesid.nysed.gov/specialed/publications/policy/home.html. This notice is also available on this website in Spanish.

Sections 200.5 (f) and 201.7 (a) of the Regulations of the Commissioner of Education and VESID field memo Policy 01- 05 (Procedural Safeguards) and Federal Regulations Section 300.504 (a-c)

You must provide procedural safeguards to parents in their native language or other mode of communication at a minimum:

____upon initial referral for evaluation

____upon each notification of an IEP meeting

____upon re-evaluation of the student

____upon receipt of a request for an impartial hearing

____upon a decision to suspend or remove a child for discipline reasons that would result in a disciplinary change of placement

The Procedural Safeguards Notice: Rights for Parents of Children with Disabilities Ages 3-21 is a mandatory state form. All school districts and other agencies responsible for the education of students with disabilities must use this form. School districts are encouraged to develop their own cover letter to parents to accompany the required notice. School districts may add an addendum of local district policies but may not change the content of the State-mandated procedural safeguards notice. This notice must be provided to parents upon the five circumstances listed above. This notice is available at the Department’s web site at http://www.vesid.nysed.gov/specialed/publications/policy/home.html and is also available in Spanish.

Did you know?

• Parents can give and withhold consent for initial evaluations, re-evaluations, initial provision of special education to a student not previously identified as having a disability, and an initial provision of special education services in a 12 month program, and release of information.
• Parents must receive prior notice of all meetings.
• Information must be provided to parents in a language they understand.
• Parents can request a change in meeting dates, times and locations.
• Parents can request an independent educational evaluation at public expense if they disagree with the evaluation.
• Parents must receive copies of all reports.
• Parents can access the educational school records of their child.
• Parents have the right to request mediation or an impartial hearing if they do not agree with the recommendations of the CSE.
• Parents have the opportunity to initiate due process hearings.

An individual evaluation shall be initiated by the CSE and shall include a variety of assessment tools and strategies, including information provided by the parent, to gather relevant functional and developmental information about the student and information related to enabling the student to participate and progress in the general education curriculum. The evaluation is at no cost to the parent. (Note: A student may not be determined to be eligible for special education if that eligibility determination is based on lack of instruction in reading or math or limited English proficiency).

Section 200.4 (b)(1-6) of the Regulations of the Commissioner of Education and Federal Regulations Section 300.345 (a-f)

____ Did a group that includes the CSE, and other qualified professionals, as appropriate, identify what additional data, if any, are needed? (Note: it is not necessary to hold a CSE meeting for this purpose).

____ Did the CSE review existing evaluation information to determine what is current and appropriate to meet the requirements for an initial individual evaluation?

____ Does the initial evaluation include a current physical exam?

____ Does the initial evaluation include an individual psychological evaluation? (Required except when the psychologist determines after an assessment of a school age student that further evaluation is not necessary. The psychologist must prepare a written report to be reviewed by the CSE.)

____ Does the initial evaluation include a social history?

____ Does the initial evaluation include an observation of the child in the current educational setting?

____ Does the initial evaluation include a vocational assessment? (At least a level 1 assessment beginning at age 12).

____ Does the initial evaluation include a Functional Behavioral Assessment (FBA)  (If the behavior impedes the student’s learning or that of others)?

____ Does the initial evaluation include other appropriate evaluations based on the suspected disability?

____ Did you administer the evaluations in the student’s native language or other mode of communication?

____ Did you ascertain that the evaluations being administered are not racially or culturally discriminatory?

____ Did you assess the student in all areas related to the suspected disability?

____ Did you ascertain that the evaluation was conducted by bilingually certified personnel?

____ Did the evaluation use a variety of assessments and tools?

____ Did the evaluation include information from the parent?

____ Did the evaluation include information related to enabling the student to participate and progress in the general education curriculum?

____ Is the evaluation sufficiently comprehensive to identify the student’s special education needs?

____ Did you review the existing data to determine if any other additional data are needed?

____ Did you provide the results of the evaluation and a copy of the evaluation report to the parents or persons in the parental relationship in their native language or mode of communication?

____ Did you ascertain that the results of the evaluation are written in clear, concise language enabling everyone (including parents) to understand their meaning?

____ Will the information contained in the evaluation be able to be used in a meaningful way to develop an educational program linked to classroom instruction?

____ Did the evaluation clearly indicate present levels of performance (including transition service needs) and the degree of delay from expected achievement?

____ Did the evaluation include the strengths of the student and the concerns of the parent?

____ Did the evaluation provide relevant information to determine eligibility and identify needed services including modifications to ensure participation and progress in the general curriculum?

____ Did the evaluation target instructional needs?

____ Did the evaluation results transfer to the classroom, providing guidance for determining specific strategies for the teachers?

____ Did the evaluation provide information to determine that general education without support services cannot meet the student’s needs?

____ Did the evaluation provide functional information and descriptions relevant to IEP development?

____ Did the evaluation include an assessment of the child’s previous instruction in reading and math?

____ Did the evaluation assess English language and native language proficiency?

RE-EVALUATION FOR COMMITTEE ON SPECIAL EDUCATION

The CSE shall arrange for an appropriate re-evaluation by a multidisciplinary team if conditions warrant a re-evaluation, or if the student’s parent or teacher requests a re-evaluation, but at least every three years.

______ Did a group that includes the CSE, and other qualified professionals, as appropriate, identify what additional data, if any, are needed? (Note: it is not necessary to hold a CSE meeting for this purpose).

____ Does the evaluation include other appropriate evaluations based on the suspected disability?

____ Did you assess the student in all areas related to the suspected disability?

____ Does the evaluation include a Functional Behavioral Assessment (FBA) (if the behavior impedes the student’s learning or that of others)?

____ Does the evaluation include a vocational assessment? (at least a level I assessment beginning at age 12)?

____ Did you administer the evaluations in the student’s native language or other mode of communication?

____ Did you ascertain that the evaluations being administered are not racially or culturally discriminatory?

____ Did you provide the results of the evaluation and a copy of the evaluation report to the parents or persons in the parental relationship in their native language or mode of communication?

____ Did you ascertain that the results of the evaluation are written in clear, concise language enabling everyone (including parents) to understand their meaning?

____ Will the information contained in the evaluation be able to be used in a meaningful way to develop an educational program linked to classroom instruction?

____ Did you ascertain that the evaluation was conducted by bilingually certified personnel?

____ Is the evaluation sufficient to determine the individual student needs, educational program and achievement, ability to participate in general education and the student’s continuing eligibility for special education?

____ Is the evaluation sufficient to determine for students age 14, a statement of the transition service needs and for age 15, and annually thereafter, a statement of the needed transition services?

____ Did the evaluation clearly indicate present levels of performance (including transition service needs) and the degree of delay from expected achievement?

____ Did the evaluation include the strengths of the student and the concerns of the parent?

____ Did the evaluation provide relevant information to determine eligibility and identify needed services including modifications to ensure participation and progress in the general curriculum?

____ Did the evaluation target instructional needs?

____ Did the evaluation results transfer to the classroom providing guidance for developing specific strategies for the teachers?

____ Did the evaluation provide information to ensure that general education without support services cannot meet the student’s needs?

____ Did the evaluation provide functional information and descriptions relevant to IEP development?

____ Did the evaluation include an assessment of the child’s previous instruction in reading and math?

____ Did the evaluation assess English language proficiency and the child’s present level of performance in his/her native language?

The CSE Parent Member is a parent of a student with a disability (SWD) residing in the school district or a neighboring school district and is a required member of the district CSE. This member must be present unless the parents of the student being discussed request in writing that the parent member not participate in the meeting.

The Role of the Parent Member is not clarified in regulations.

The parent members have received training from the district to enable them to:

___ develop and maintain knowledge of regulations pertaining to the CSE process.

___ become familiar with LRE policies and placement options.

___ provide information and support to the parent of the child with a disability.

___ ask questions to assist parents in understanding the discussion at the CSE meeting.

___ advocate for the child who is being referred to the committee.

___ assist in ensuring that the parent understands the CSE process and feels comfortable.

___ participate in the discussions involving eligibility, IEP development and LRE considerations.

___ share personal experiences as appropriate.

___ become familiar with services in the community.

___ ensure that all parent concerns are addressed.

___ promote mutual respect.

___ become familiar with the educational needs of language minority students.

At least one general education teacher is a required member of the CSE whenever a student is or may be participating in the general education environment.

Sections 200.3 (a) (1) (ii) and 200.3 (d)(1-2) of the Regulations of the Commissioner of Education and Federal Regulations Sections 300.344 (a)(2) and 300.346 (d)(1-2)

The general education teacher members have received training from the district and will be prepared to:

___ share information and their expertise regarding the general curriculum requirements as it pertains to the student.

___ share information regarding the general education classroom environment as it relates to the student’s progress in the general education curriculum.

___ assist in developing effective classroom management techniques.

___ share ideas about positive behavioral interventions if they are needed.

___ assist in identifying parent supports, classroom supports, including supplemental aids and services and program modifications, teacher supports and assistive devices needed for the student to participate and make progress in general education.

___ share information about the appropriateness of the student’s participation in state and district-wide assessments.

___ assist in grading issues.

___ share information concerning services available to limited English proficient students

The special education teacher member (a special education teacher of the student, or, if appropriate, a special education provider for the student) is a required member of the CSE.

Section 200.3 (a) (1) (iii) of the Regulations of the Commissioner of Education and Federal Regulations Section 300.344 (a)(3)

The special education teacher members have received training from the district and will be prepared to:

___ share information and their expertise regarding key evaluation and assessment results, including the student’s progress towards IEP goals.

___ share information regarding the student’s present levels of educational performance.

___ share information regarding modifications and/or accommodations to the general education curriculum and specially designed instruction. Include suggestions for maximizing the extent to which the student is educated with non-disabled students.

___ collaborate in the development of IEP goals and objectives/benchmarks.

___ assist in identifying parent supports, classroom supports, teacher supports and assistive devices needed for the student to participate and make progress.

___ share information about the appropriateness of the student’s participation in state and district-wide assessments and the possible need for testing modifications.

___ include recommendations regarding related services and special equipment and devices to be provided to the student.

___ assist in grading issues.

___ share information concerning bilingual special education services.

___ share information regarding the student's transition service needs, preferences and interests.

___ share information regarding the student's progress towards achieving the universal foundation or SCANS skills as specified in the Career Development and Occupational Studies Learning Standards (CDOS).