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Students with Disabilities Enrolled in Charter Schools. New York State Education Department P-12 Office of Special Education Webinar Presentation April 24, 2012. Presenters. Patricia J. Geary Coordinator, Special Education Policy and Professional Development Barbara Miller
New York State Education Department
P-12 Office of Special Education
April 24, 2012
Patricia J. Geary
Coordinator, Special Education Policy and Professional Development
Associate, Special Education Policy
Individuals with Disabilities Education Act (IDEA) places responsibility for special education with the local education agency (LEA) or the charter school if it is its own LEA.
Article 89 of the Education Law
Part 200 of the Regulations of the Commissioner of Education
Section 3214 of the Education Law
Part 201 of the Regulations of the Commissioner of Education
NYS Education Law §§ 2851(2)(s) and 2853(4) – Charter School
Written notices and progress reports to ensure parents are informed
Free Appropriate Public Education
IEP reasonably calculated to provide benefit to the student
Special education programs and services
Access, participation and progress in the general education curriculum
Least Restrictive EnvironmentIndividuals with Disabilities Education Act (IDEA)
Child find means the LEA must have practical methods in place to identify, locate and evaluate all children who have a disability and are in need of special education, even if they are advancing from grade to grade.
Procedures to locate, identify, and evaluate all elementary and secondary school students with disabilities.
The child find activities must be similar to activities undertaken for students with disabilities in the other public schools of the district and must be completed in a time period comparable to that for other students attending other public schools in the school district.
Student’s district of residence is responsible for the initial evaluations.
Committee on Special Education (CSE) makes eligibility determination and determines student’s disability classification.
Parent consent is required prior to conducting the evaluation.
Determination of Eligibility
Individualized Education Program (IEP)
At least one regular education teacher of the student
The student’s special education teacher or provider
Individual to interpret instructional implications of evaluations
Others with knowledge and special expertise
Additional Parent Member
School physician upon request
Ensure charter school staff participate in CSE meetings
Student’s regular education teacher
Child’s special education teacher if charter school providing services or by contract
Ensure staff know roles / responsibilities as members of the CSE
Procedures to report student progress towards IEP goals to the CSE
Procedures to request CSE meetings
IEP developed to meet:
Consultant teacher (CT)
Direct and/or indirect
Resource room program
Integrated Co-teaching services
Adapted physical education
* NYC only – waiver to provide Special Education Teacher Services (SETS) - combination of resource room and CT
Copies of IEPs and informing staff of IEP implementation responsibilities
Purchase instructional materials
Ensure services are provided, including accommodations
Assess and report student progress
The CSE must review and, if appropriate, revise the IEP at least annually.
assess the student’s progress in meeting the annual goals.
Student must be reevaluated at least once every three years
Unless the parent and district agree a reevaluation is not necessary
Charter schools must maintain full confidentiality of records in accordance with FERPA and IDEA
To ensure this confidentiality charter schools must have procedures for:
training regarding confidentiality requirements and procedures,
securely maintaining confidential records in a locked file, and
providing access to records only to persons with a legitimate “need to know,” and maintaining an access log.
Federal procedural protections for students with disabilities subject to disciplinary actions.
For removals for 10 consecutive days (or 10 cumulative days if a pattern)
Manifestation Determination– cannot be removed for behaviors related to the student’s disability*
Functional Behavioral Assessmentand Behavioral Intervention Plan for behaviors related to disability
Right to Free Appropriate Public Education (to progress in the curriculum and annual goals)
Expedited Impartial Hearings – right to disagree with manifestation determination, interim alternative educational setting and provision of services
Same protections for students suspected of having a disability
* Exception for removals for drugs, controlled substances, weapons or serious bodily injury
Admission procedures that ensure equal access for students with disabilities
Continuum of special education and related services that will be provided directly and those that will be provided by district of residence or other provider.
settings in which services will be delivered,
qualifications of staff delivering services
how the instructional program will be evaluated
Coordination and communication with the district of residence to ensure students receive services consistent with IEP.
IEP record keeping and the process for providing copies of the IEP to teachers.
How special transportation will be provided.
Eastern Regional Office - (518) 486-6366
Hudson Valley Regional Office - (518) 473-1185
Central Regional Office - (315) 476-5081
Western Regional Office - (585) 344-2002
Long Island Regional Office - (631) 952-3352
New York City Regional Office - (718) 722-4544
(focus area-special education) http://www.charterschoolcenter.org/priority-area/special-education-0