Recommended Special Education Programs and Services
| Requirements |
The IEP must indicate the recommended program and services as defined in law and regulation from the options set forth in sections 200.6 and 200.16 of the Regulations of the Commissioner; the class size, if appropriate; the supplementary aids and services to be provided to the student, or on behalf of the student; and a statement of the program modifications and/or supports for school personnel that will be provided for the student:
The regulations require that the IEP must state:
In addition, for preschool students, the IEP must:
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Devices or Services to Address Unique Needs |
The IEP must include a statement (under the applicable sections of the IEP) if the student needs a particular device or service (including an intervention, accommodation or other program modification) to address one or more of the following needs in order for the student to receive a free appropriate public education. |
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Strategies, including positive behavioral intervention and supports to address the behavior when a student has behavior that impedes his or her learning or that of others |
The Committee must determine what special education programs, services, supports, program modifications, accommodations and/or supports for school personnel are needed to address those behaviors that are impeding learning. The behavioral interventions and/or supports should be indicated under the applicable section of the IEP. For example, a Committee may determine that the positive behavioral supports a student needs require a special education service (e.g., consultant teacher), a related service (e.g., counseling), a program modification (e.g., special seating arrangements), assistive technology (e.g., communication board) and/or supports for school personnel (e.g., consultation with the school psychologist). To ensure that all services recommended to address a student’s behavior are clearly understood by the student’s parent and school personnel, the IEP could include a summary statement (in the field entitled "Other Information") that specifies the combination of services, including interventions, accommodations and/or other program modifications to be provided. |
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Language needs of the student with limited English proficiency, as such needs relate to the student’s IEP |
In developing an IEP for a student with limited English proficiency (LEP), the Committee must consider how the student’s level of English language proficiency affects the special education services that the student needs, including:
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Communication needs of the student |
For each student with a disability, the Committee must consider whether a student needs a particular device or service to address the student’s communication needs. For a student who is deaf or hard-of-hearing, such consideration must also include:
The communication needs of the student would be addressed on the IEP under the applicable sections. For example:
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In the case of a student who is blind or visually impaired, the student’s need for instruction in Braille and the use of Braille |
In the case of a student who is blind or visually impaired, the IEP must
recommend that the student be provided instruction in Braille and in the
use of Braille, unless the Committee determines, after reviewing the
results of the student’s individual evaluation, that instruction in
Braille or the use of Braille is not appropriate for that student. If
instruction in Braille or the use of Braille is to be provided, this would
be documented under the applicable sections of the IEP, for example:
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The student’s need for assistive technology devices and services |
The Committee must consider each student’s need for assistive technology devices and/or services. If a student needs such devices and/or services the IEP must specify:
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(Attachment 2 provides additional guidance on the consideration of these special factors.) |
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Considerations to Develop Recommended Programs and Services |
The recommended special education programs and services on a student’s
IEP identify what the school will do so that the student is able to
achieve the annual goals and to participate and progress in the general
education curriculum (or for preschool students, age appropriate
activities) in the least restrictive environment. In determining the
recommended programs and services for each student to achieve his or her
annual goals, the Committee needs to consider the results of the student’s
evaluation, the student’s strengths, the concerns of the parents for
enhancing the education of their child, the results of any general State
or districtwide assessment programs and any special considerations unique
to this student.
In all cases, the determination of programs and services must be individually determined on the basis of each student’s abilities and needs. The recommendations of the programs and services a student needs cannot be based solely on factors such as the category of the student’s disability, the availability of special education programs or related services or personnel, the current availability of space, administrative convenience, or how the district/agency has configured its special education service delivery system. |
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Projected date of initiation of services |
The IEP must indicate the projected date of the
initiation of each of the services, supports, program modifications and
accommodations recommended on the IEP. Some of the services may pertain
specifically, for example, to the student’s July/August program or to a
general education summer school academic program the student must attend.
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Special Education Program/ Services
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The IEP must specify the special education program and/or services needed by the student. Special education programs and services include:
There are additional special education programs/services (e.g., transitional support services, assistive technology services, and transition services) that will be documented in other sections of the IEP. In recommending special education services for a preschool student, the CPSE must first consider the appropriateness of providing (1) related services only or (2) special education itinerant services only, or (3) related services in combination with special education itinerant services or (4) a half-day preschool program or (5) a full day program. |
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Special education itinerant teacher (SEIT) |
For preschool students, SEIT services are provided for the purpose of providing specialized individual or group instruction and/or indirect services. Indirect SEIT services means consultation provided by a certified special education teacher to assist the student’s teacher in adjusting the learning environment and/or modifying the teacher’s instructional methods to meet the student’s individual needs. SEIT services may be provided to a preschool student with a disability who attends an early childhood program (or with documented medical or special needs, SEIT may be provided in the student’s home). Recommendations for SEIT services should specify if the service will be provided on an individual or group basis. |
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Consultant teacher services |
Consultant teacher services are defined as direct and/or indirect services provided to a school-age student with a disability who attends general education classes, including career and technical education classes, and/or to such student’s general education teachers.
If the student’s IEP indicates consultant teacher services, the IEP must specify the general education class(es) (including career or technical education classes, as appropriate) where the student will receive the services. A student could receive both direct and indirect consultant teacher services. It is recommended that the IEP specify the type of consultant teacher services the student will receive (i.e., direct or indirect) so that it is clear to parents and educators the extent to which such services will be provided. If indirect consultant teacher services are to be provided, the IEP must indicate the general education class being taught by the teacher receiving the consultation (e.g., Consultant Teacher – indirect for English). The effective implementation of this service requires general and special education teachers to work cooperatively to address the needs of students with disabilities. Following the development of an IEP in which consultant teacher services are recommended, the general education teachers of the student for whom the service will be provided must be given the opportunity to participate in the instructional planning process with the consultant teacher to discuss the objectives and to determine the methods and schedules for such services. |
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Resource room program |
A resource room program is a special education program for a student with a disability who needs specialized supplementary instruction (i.e., in addition to the student’s general education instruction) in an individual or small group setting for a portion of the school day. As examples, a resource room program might be recommended for students who need specialized supplementary instruction in organization skills, reading, the use of an assistive technology device, the use of Braille or the use of a compensatory strategy. |
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Special class |
Special class means an instructional group consisting of students with disabilities who have been grouped together because of similar individual needs for the purpose of being provided specially designed instruction. A special class may be provided as a separate class or as a class within a general education class. If the student’s IEP indicates special class, the IEP must describe the special class size. Special class size is defined as the maximum number of students who can receive instruction together in a special class and the number of teachers and paraprofessionals assigned to the special class (e.g., six students to one teacher and one paraprofessional). For preschool students, the IEP must also indicate if the special class is a half-day or a full-day program. |
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Travel training |
Travel training is a special education service that means providing instruction, as appropriate, to students with significant cognitive disabilities and any other students with disabilities who require this instruction to enable them to develop an awareness of the environment in which they live and learn the skills to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community). |
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Adapted physical education |
Adapted physical education means a specially designed program of developmental activities, games, sports and rhythms suited to the interests, capacities and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of the general physical education program. |
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Related Services |
Related services means developmental, corrective and other supportive services as required to assist a student with a disability. The IEP must indicate the specific related services, if any, needed by the student based on the individual student’s need for the service. The IEP should specify if the services will be provided in individual or small group sessions. Related services include, but are not limited to, such services as:
1Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP. While parent counseling and training may be recommended for any student, the regulations require that provision must be made for parent counseling and training, as appropriate, to enable parents to perform appropriate follow-up intervention activities at home:
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Program Modifications, Accommodations, Supplementary Aids and Services |
Supplementary aids and services and/or program modifications or supports means aids, services and other supports that are provided in general education classes or other education-related settings to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in the least restrictive environment. The IEP must specify the projected date for initiation of services and the frequency, location and duration of such services. Following are examples of supplementary aids and services, accommodations and program modifications:
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Assistive Technology Devices and Services |
The IEP must describe any assistive technology devices and/or services needed for the student to benefit from education, including whether the use of a school-purchased assistive technology device is required to be used in the student’s home or in other settings in order for the student to receive a free appropriate public education.
When a student needs an assistive technology device or service, the Committee needs to consider what instruction the student might require to use the assistive technology device as well as any supports and services the student and/or the student’s teachers may need related to the use of the device. |
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Supports for School Personnel on Behalf of the Student |
Supports for school personnel are those that would help them to more effectively work with the student. This could include, for example, special training for a student’s teacher to meet a unique and specific need of the student. The IEP must describe the supports for school personnel that will be provided on behalf of the student in order for the student to advance toward attaining the annual goals, to be involved in and progress in the general curriculum and to participate in extracurricular and other nonacademic activities. These supports for school personnel are those that are needed to meet the unique and specific needs of the student. Examples of supports that may be provided for school personnel include:
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Transitional support services |
Transitional support services may be recommended for a student’s general or special education teacher(s) to aid in the provision of appropriate services to a school age student with a disability transferring to a general education program or to a program or service in a less restrictive environment. |
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Frequency, Duration and Location |
The IEP must indicate how often, how long and where each recommended service is needed by the student. These must be stated with sufficient clarity to be understood by all persons involved in the development and implementation of the IEP. This quantifies the school’s commitment of resources to address the student’s needs. The frequency and/or duration of services must be specific enough so that the extent to which services will be provided is clear. Only in unique situations when the frequency or duration of a service may vary because of a student’s unique needs may frequency or duration be indicated on the IEP as a range (e.g., 30 – 40 minutes per day as determined by the student’s evidence of fatigue). A range may not be indicated for reasons other than to address a student’s unique needs (e.g., personnel availability or administrative convenience). To be considered a special education program or service, the Regulations require a minimum frequency and/or duration for certain special education programs and related services:
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Frequency |
Frequency is the number of sessions a service will be provided during a particular time period (e.g., 3 times per week). This must be stated on the IEP in a manner that is appropriate to the type of service being provided. Frequency can be stated, for example, as the number of times per day, week or month that a service will be provided. |
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Duration / intensity
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Duration or intensity is the amount of time within a time period that a service will be provided. Duration can be stated, for example, as the number of minutes per session or per week (e.g., 3 hours per week) or the duration of an activity (e.g., for all writing assignments). |
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Location |
The "location" of services in the context of a student’s IEP
generally refers to the type of environment that is the appropriate place
where a particular service, program modification or accommodation would be
provided. The decision as to the location where a service will be provided
should be made in consideration of the least restrictive environment
provisions and in consideration of the student’s overall schedule and
participation in general education classes. A Committee should first
consider the general education class as the location for special education
services including related services rather than a separate location in
order to facilitate the student’s maximum participation in general
education programs and in the general education curriculum.
The determination of location for the special education services may influence decisions about the nature and amount of these services and when they should be provided. For example, an appropriate location for the related service of occupational therapy may be the English class during which the student may have opportunities for writing activities.
For preschool students, if the recommendation is for one or more related services or itinerant services, the IEP must indicate the child care location arranged by the parent or other site at which each service will be provided. The location must also indicate where, within that site, the services will be provided (e.g., speech and language therapy in the preschool class). |
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Special Transportation Needs |
The IEP must specify any special transportation, including any specialized transportation equipment (such as special or adapted buses, lifts and ramps), needed by the student based on his or her unique needs related to the student’s disability to:
In developing its recommendation for a preschool student with a disability, the CPSE must identify transportation options for the student and encourage parents to transport their child at public expense where cost-effective. The IEP must indicate how the preschool student will be transported to his or her special education program (e.g., parent transportation or transportation arranged by the county). |
| Testing Accommodations |
The IEP must indicate the needed individual testing accommodations, if any, to be used consistently by the student:
Testing accommodations must be clearly stated to ensure a consistent understanding by the Committee, school principal, teacher(s), paraprofessionals, student and the student’s parents. Specific testing accommodations (e.g., use of word processor) should be indicated, not generic test accommodation categories (e.g., answers recorded in any manner). It is appropriate to indicate the conditions or types of tests that will require testing accommodations. Such conditions may include the length of the test, the purpose of the test, presentation of test items and the method of response required by the student. As examples: a student with a motor impairment may need a scribe for tests requiring extensive writing such as essay writing, but not for multiple-choice tests; a student may need breaks at certain intervals for tests longer than an hour in length but not for 40 minute classroom tests. A particular test accommodation may also be needed due to and in conjunction with the provision of another accommodation. For example, separate setting may be needed when the student has the use of a scribe. In such instances, both accommodations must be indicated on the IEP and qualifying conditions would be indicated as appropriate. If it is determined that the student needs a particular testing accommodation for all tests, then qualifying conditions are not indicated or would indicate "all tests." When documenting the following accommodations, the following specifications should be included
Qualifying terms such as "as appropriate" or "when necessary" should not be used on the IEP. Testing accommodations should not be indicated in a test-specific manner (e.g., "calculator with fraction capability," not "calculator with fraction capability on Regents examination in mathematics"). |
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Example:
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Participation in State and Districtwide Assessments |
All students with disabilities must be included in State or districtwide assessment programs. If the Committee determines that the student will not participate in a particular State or districtwide assessment, or a portion of the assessment, the IEP must:
If the student meets the criteria for participation in the New York State Alternate Assessment for Students with Severe Disabilities (NYSAA), the IEP must indicate that the student will not be participating in the State assessments administered to general education students, and the IEP must indicate that the student will participate in the NYSAA. There are some students with disabilities who may not be appropriate for participation in the State assessments and who do not meet the participation criteria for the NYSAA. For these students, other assessments must be identified in accordance with the March 2002 "Supplemental Guidelines for Participation of Students with Disabilities in State Assessments: Locally Selected Assessments" and any subsequent guidelines. This section of the IEP would be completed for preschool students only if there is an assessment program for nondisabled preschool students. |
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Participation in General Education Programs, including Extra-curricular and Other Nonacademic Activities |
Removal from the general educational 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.
Richard needs a special class for each subject area because he is very distractible, even with small group work or working at a study carrel in a general education class; his tantrums and self-stimulatory behaviors necessitate a small student-teacher ratio.
Darcy's hypersensitivity to noise and visual distractions requires extensive environmental modifications that an integrated setting could not provide. her screaming and running behaviors significantly impact the learning of others. If a student is not participating in a general physical education program, the IEP must indicate the extent to which the student will participate in specially designed instruction in physical education, including adapted physical education. |
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Language Other than English Exemption |
A student identified as having a disability which adversely affects the ability to learn a language may be excused from the language other than English requirement if such student's IEP indicates that such requirement is not appropriate to the student's special educational needs. For further information, refer to: http://www.emsc.nysed.gov/ciai/lote.html. |
| Quality Indicators |
The recommended special education programs and services, as documented on the student’s IEP:
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SAMPLE
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Recommended Special Education Programs and Services |
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Special Education Program/Services |
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Frequency |
Duration |
Location |
Initiation Date |
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Resource Room |
5X week |
40 minutes |
Resource room |
10/14/02 |
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Consultant teacher (direct) |
3X week |
40 minutes |
English class |
10/14/02 |
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Related Services |
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Frequency |
Duration |
Location |
Initiation Date |
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Speech and Language Therapy - Group |
2x week |
30 minutes |
Therapy room |
10/14/02 |
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Counseling - individual |
1x week |
30 minutes |
Counselor’s office |
10/14/02 |
| Job Coach - individual | 1x week | 120 minutes | Job site | 1/3/03 |
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Program Modifications/Accommodations/Supplementary Aids and Services |
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Frequency |
Duration |
Location |
Initiation Date |
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Use of graphic organizers for writing assignments |
Daily |
Writing assignments |
English class |
10/14/02 |
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Extended time for writing assignments |
Daily |
Writing assignments |
English class |
10/14/02 |
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Scheduled rest periods for fatigue |
Daily every 2 hours |
20 minutes |
Nurse's office |
10/14/02 |
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Presentation of curricula content organized into smaller parts. |
Daily |
New lessons |
All academic classes |
10/14/02 |
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Teacher provided notes or outlines of unit information |
Once a week |
New lessons & units |
All academic classes |
10/14/02 |
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Assistive Technology Devices/Services |
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Frequency |
Duration |
Location |
Initiation Date |
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Computer program graphic organizer |
Daily |
Writing Assignments |
English class |
10/14/02 |
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Supports for School Personnel On Behalf of Student |
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Frequency |
Duration |
Location |
Initiation Date |
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Consult with behavior management counselor |
1X month for 3 months |
30 minutes |
Staff meeting room |
10/14/02 |
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Special Transportation Needs: None |
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Other: Assignment notebook; written schedule to assist Kevin to transition from class to class. |
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Testing Accommodations The following testing accommodations will be used consistently:
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Testing Accommodation |
Conditions |
Specifications |
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Extended time |
For tests requiring extended writing (essay) responses |
Double Time |
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Separate setting |
All tests |
Small group- quiet with limited visual distractions |
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Breaks |
For tests longer than 40 minutes in length |
10 minute break every 40 minutes |
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Removal from the general educational 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. [X] Explanation of the extent, if any, to which the student will not participate in general education programs, including extra curricular and other nonacademic activities: Kevin will receive resource room services for supplementary instruction on organizational strategies, counseling and speech and language therapy in lieu of study halls. These services will be provided in place of study halls due to Kevin’s problems with new learning and organization and to meet his need for structured small group and individual instruction and counseling. Kevin cannot participate in contact sports without prior medical clearance. [ ] The student will not participate in the general physical education program, but will participate in specially designed or adapted physical education. Not applicable Language other than English exemption [ ] No [X] Yes, the student’s disability adversely affects the ability to learn a language, and the student is excused from the language other than English requirement. |