These effective practices enhance participation but are not required by law or regulation. The citation covers required participants.

200.3(a)

These membership considerations are required by law and regulation

200.3(a-d)

IEP including appropriate special education programs and/or related services developed:

200.4(c), 200.4 (d)(1),
200.16 (d)(2)

300.534 (a-b), 300.535 (a-b),
300.541(a) and 300.543 (a-b)

"Individual Evaluations and Eligibility Determinations for Students with Disabilities", revised January 2002

If the student is determined initially eligible or continues to be eligible, IEP is developed

LRE means that the placement of students with disabilities in special classes, separate schools or other removal from the general education environment occurs only when the nature or severity of the disability is such that even with the use of supplementary aids and services, education cannot be satisfactorily achieved. Any time services are not provided to the student in the general education setting, an explanation of the extent, if any, to which the student will not participate in general education programs must be provided on the IEP.

The school must have evaluation procedures to assure that students are assessed in all areas related to the suspected disability, including, where appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, career and technical skills, communicative status, motor abilities and assistive technology.

LRE reinforces that special education is a service, not a place,

The CSE must first consider placement in general education with appropriate support for the student and the student's teacher(s).

In the case of language minority students, services in their native language should be considered

200.4 (b)
200.4 (d)

The CSE makes the recommendation to declassify when student receiving special education programs/services is determined to no longer be in need of such intervention.

CSE discusses declassification support services, identifying services necessary for student or teachers, the projected date of initiation, frequency, and duration of each service.

Declassification services may not continue for more than one calendar year after the student exits special education and enters general education on a full time basis

Continuation of safety net and of test accommodations is not held to one-year limit and may continue throughout student’s school career if needed. District should consider how such accommodations will be monitored in the absence of an IEP and special education follow up.

200.2(b)(8), 
200.4 (c)(3), 200.4 (d)(1)

300.534 (a and c),
300.535 (a)

200.4(b)(4 and 5), 200.4(f)

300.533(a-b), 300.536(a-c)

.

CSE must conduct a manifestation determination when there is a disciplinary change in placement.

201.4 (a-f)

300.523(a-f)

"Discipline Procedures for
Students with Disabilities", January 2001

200.4(d) and (f)

The evaluations necessary to describe the relevant circumstances leading up to the recommendation for placement in an approved in-state or out-of-state private school must have been completed within six months prior to the CSE’s initial recommendation for private school placement.

Documentation must be submitted to SED that includes:

• documentation of efforts to place the student in a public school;
• documentation of all efforts to enable the student to benefit from instruction in less restrictive settings;
• for a residential placement, documentation that residential services are necessary, including a proposed plan and timetable to enable the student to return;
• for out-of-state placements, documentation that no appropriate public or private facilities are available in state;
• for reapplication, documentation of the continuing need for placement in a private school.

The Board of Education must arrange for the placement within 30 school days of the BOE’s receipt of the CSE recommendation.

Where the child is determined at risk of future residential placement, the CSE must request the appropriate county or State agency to participate in the CSE meeting.

• alternate means of participation shall be allowed and documented

The recommendation to remove a child from their home should be a difficult decision, arrived at only after all possible options are exhausted. It must be based on the individual needs of the student.

Approval by SED for funding must be obtained prior to placement. Appropriate STAC forms must be submitted. CSE Chairperson must assure there is an interstate compact with out-of-state school.

A student in an approved private school may only be removed or transferred upon the recommendation of the CSE.

200.6(i)(1-5)
200.5(d)(4)(b)
200.4(e)
200.7(c)(2)

Copies of reports of evaluations conducted to determine eligibility or continuing eligibility:

• are provided to the parent in his/her native language or primary mode of communication in a timely fashion to allow them to contribute intelligently to the discussion,
• are shared with members of the CSE in a timely fashion to allow them to contribute intelligently to the discussion.
• minimize educational jargon by using clear and concise language.

Explanation of reports and results may be required to assure informed consent.

200.4b)(6)(xii-xiii)

300.534(a)(2)

"Procedural Safeguards Notice", February 2002

The criteria that the CSE must use to determine a student’s participation in the NYSAA are:

200.4(d)(2)(vi)

300.347(a)(5)(ii)

"The State Alternate Assessment for Students with Severe Disabilities"
Policy 01- 02,
March 2001

200.4(d)(2)(xiii)

200.4(d)(2)(vi)

200.4(d) and (f)

CSE develops a written report for students suspected of having a learning disability including:

• whether a learning disability exists
• the basis for making the determination
• the relevant behavior noted during observations of the student
• the relationship of that behavior to the student’s academic functioning
• educationally relevant medical findings, if any
• whether there is a severe discrepancy that is not correctable without special education and related services
• the determination of the CSE concerning the impact of environmental, cultural, or economic disadvantage

Members of the evaluation team must certify in writing that the written report reflects their professional opinion, or they must provide separate written statements explaining their individual conclusions.

200.1(zz)(6),
200.4(6)(xiv),

300.540, 300.541
300.542, 300.543

"Documentation of Determination of Eligibility for Students Suspected of Having a Learning Disability", Appendix C

200.1(r), 200.4(b)(1)(v),
201.2(h),
201.3 (a-b)

"Guidance on Functional Behavioral Assessments for Students with Disabilities", July 1998

200.4(d)(2)(xi)

300.347(a)(6)

200.4(d)(2)(xi)

"Sample Individualized Education Program (IEP) and Guidance Document," December 2002

The CSE describes the individual abilities and needs of the student in each of the following areas including:

• Academic/educational achievement and learning characteristics
• Social development
• Physical development
• Management needs are determined in accordance with the above three areas

There must be a direct relationship between the present levels of performance and the other components of the IEP, including the goals and objectives or benchmarks.

Consideration of parent concerns must be reflected in the present levels of performance.

200.4(d)(2)(i)
200.1(ww)(3)(i)

300.346(a),
300.347(a)(1)

"Sample Individualized Education Program (IEP) and Guidance Document", December 2002

The CSE must consider:

• for students whose behavior impedes his/her learning or that of others, appropriate strategies including positive behavioral interventions and supports to address behaviors
• for students with limited English proficiency, the language needs of the student as related to the IEP
• for students who are hearing impaired or deaf, special communication needs
• for students who are blind or visually impaired, provide instruction in Braille or the use of Braille unless this is determined to be not appropriate
• for all students, whether the student requires assistive technology devices and/or services to be used in the home or educational settings in order for the student to receive a free, appropriate public education (FAPE).

200.4(d)(3)

300.308(a-b)
300.346(a)(2),
300.346(c)

"Sample Individualized Education Program (IEP) and Guidance Document," December 2002

In collaboration with the student and his/her parent, the CSE develops statements that establish clear desired outcomes which become the basis for transitioning the student from school to postschool activities.

For students ages 15-21 (or younger if appropriate)

200.4(d)(2)(vii-ix)

300.347(b)

"Sample Individualized Education Program (IEP) and Guidance Document," December 2002

"Policy Regarding Including PSO in IEPs," August 1996

Annual goals are written in measurable terms and describe what student is expected to achieve in a 12 month period

Annual goals are directly related to the impact of the student’s disability

200.4(d)(2)(iii)(a-b),
200.4(d)(2)(x)

300.347(a)(2)

CSE ensures that description of programs and services includes:

• transitional support services when appropriate (when student is moving to a less restrictive environment which will require supports to educators)
• group/class size and staffing ratio
• frequency and duration of services
• program/service location
• general education classes in which the student will receive consultant teacher services if appropriate
• extended school year (ESY) eligibility and identity of provider
• supplementary aids and services
• assistive technology devices and services
• program modifications, accommodations, or supports for school personnel that will be provided on behalf of the student to address the annual goals and participation and progress in the general education curriculum and in extracurricular/non-academic activities
• testing accommodations
• determination that a student will not participate in a particular State or district wide assessment:

• description of why the assessment is not appropriate
• indication of participation in alternate assessment or locally selected assessment

• parent counseling and training if appropriate

Keep the "big picture" in mind:

• How much actual time will be in general education?
• Where will support services be delivered?
• How will support services be delivered?
• What will support services look like in clear, concrete terms?
• Who will deliver support services?

200.6(a-l), 200.4(d)(2)(iv-v), 200.4(d)(2) (xi-xiii),
200.1(kk),
200.6(g)(8)

300.347(a)(3 and 6)

"Changes in Allowable Testing Accommodations on Elementary and Intermediate-Level Tests, Effective September 2002" , February 2002

The CSE must first consider placement in general education with appropriate support for the student and the student's teachers. The IEP must include statements of the child's present levels of educational performance, including how the student's disability affects involvement and progress in the general education.

The IEP will explain the extent to which the student:

• will not participate in general education programs with age-appropriate, nondisabled peers and in nonacademic and extracurricular activities
• will not participate in regular physical education programs or explain the extent to which the student will participate in adapted physical education
• is excused from instruction in Languages Other Than English if the IEP indicates that the disability adversely affects the ability to learn a language

Least Restrictive Environment (LRE) is clearly explained on the IEP:

• Placement is indicated on IEP and determined annually; based on present levels of performance
• Placement is in the school the student would have attended if not a student with a disability
• Consideration is given to any potential harmful effect on student or on quality of services needed of placement in general education
• Student is not removed from age-appropriate general education classes solely because of needed modifications in the general education curriculum.

" Least Restrictive Environment  implementation Policy Paper," May 1998

200.4(d)(2) (vii)

300.347(a)(3-4),
300.550(b)

CSE develops:

• a statement of the transition service needs of the student as provided under the applicable components of the student’s IEP, focusing on the student’s course of study (e.g., AP course, occupational education program)
• a statement of the student’s present levels of performance and individual needs with respect to academic achievement, physical and social development and management needs, taking into account the student’s preferences and interests as they relate to transition from school to post-school activities
• description of the participating agencies that have agreed to provide transition services, listed by agency name and phone number, service to be provided, and projected date of implementation
• a coordinated set of activities that promotes movement from school to post-school activities based on student’s needs, preferences, and interests in the areas of:

• instruction
• related services
• community experiences and/or employment
• other post-school adult living outcomes, 
• activities of daily living (if appropriate)
• functional vocational assessment (if appropriate)

Beginning at least by age 14, and updated annually

Beginning at least by age 15 or younger if appropriate

Beginning at least by age 15 or younger if appropriate

200.1(fff)
200.4(d)(2) (viii-ix)
200.4(d)(4)(c)

300.344(b),
300.347(b)

While it is not required, it is good practice to indicate:

• expected date of high school completion
• credits earned to date
• type of diploma expected

Include:

• classification
• placement, discussed in terms of least restrictive environment and the continuum
• Extended School Year (ESY) services/placement/provider
• transportation needs, as appropriate

Include:

• declassification support services needed (e.g, continuation of testing accommodations, safety net, LOTE exemption etc.)
• initiation date of services
• frequency and duration of services if appropriate

Include in the IEP a statement of:

• how parents will be informed, on the same schedule that general education reporting is done, of their child’s progress toward annual goals
• the extent to which that progress is sufficient to enable the child to achieve those goals

State both manner and frequency of reporting

200.4(d)(2(x)