Policy 5050: Students with Educational Disabilities
The Board of Education recognizes its responsibility to provide students with educational disabilities with an appropriate education in the least restrictive environment to meet their special education needs. Students with educational disabilities are entitled by law to enjoy equal access to District programs, services and activities. The Board shall ensure that programs and services meet the needs of designated students with disabilities in accordance with the Individuals with Disabilities Education Improvement Act (IDEA) and Article 89 of the New York State Education Law and the implementing regulations.
Student with a disability - For purposes of this policy, a student with a disability means a child with an educational disability as defined by Section 200.1 of the Regulations of the Commissioner of Education and Section 300.8(a)(1) of the federal regulations implementing the Individuals with Disabilities Education Improvement Act (IDEA).
Alternative format of instructional materials - Any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the school district, including but not limited to Braille, large print, open and closed captions, audio, or an electronic file.
The District shall ensure that students with disabilities enrolled in the district have the opportunity to participate in school district programs, to the maximum extent appropriate to the needs of the student. Such programs shall include nonacademic and extracurricular programs and activities that are available to all other students enrolled in the public schools of the district, such as counseling services, athletics, transportation, health services, recreational activities and school-sponsored student clubs. Referrals to agencies that provide assistance to individuals with disabilities and access to employment by the school district and outside employment shall be available to students with disabilities to the extent they are available to nondisabled students.
A continuum of programs and services shall be provided for students with disabilities to enable the students to be involved in and progress in the general education curriculum, leading to a Regents or local high school diploma to the extent appropriate to the needs of each student in accordance with the student's Individualized Education Program (IEP). Such programs shall be described in the District Plan for Special Education. Students with disabilities shall be eligible for an IEP diploma in accordance with Section 100.9 of the Regulations of the Commissioner of Education.
Students with disabilities placed together for the purposes of special education shall be grouped by similarity of academic, social, physical and management needs, as described in Section 200.6 of the Regulations of the Commissioner of Education.
The Committee on Special Education and Preschool Education:
The Board of Education shall appoint annually the members of the Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE), as well as subcommittees for the CSE and CPSE. The membership of the CSE and CPSE and subcommittees shall be in accordance with Section 200.3 of the Commissioner's Regulations.
Identification and Evaluation:
The District shall implement systematic interventions in order to remediate a student's performance prior to referral to special education.
The District shall establish procedures to locate, identify and evaluate all students with disabilities enrolled in the District or attending nonpublic schools within the District.
Each preschool student with a disability residing in the district, and each school age child enrolled in the District or attending nonpublic schools within the District, shall be entitled to a timely evaluation and placement/services recommendation.
The District shall ensure that parents are provided with a request for consent for evaluation and an explanation of the purpose of each evaluation requested.
Each student with a disability shall be re-evaluated at least once every three years. The District's CSE and CPSE shall regularly consider the declassification of students, when appropriate. All children with educational disabilities shall be reevaluated prior to declassification. The CSE and/or CPSE shall consider the provision of educational and support services to the student upon declassification.
Individualized Education Plan:
It shall be the responsibility of the CSE and CPSE to annually review each special education student with a disability within its jurisdiction and to develop an Individualized Education Program (IEP) for each eligible student.
The IEP shall contain all components as required by Section 200.4(d) of the Regulations of the Commissioner of Education, including present levels of performance, goals (and objectives, if required) and recommendations for programs and services. All recommendations and services provided to students with disabilities shall be made in accordance with the student's IEP as determined by the CSE.
Printed textbooks and related core materials to be used in the schools shall be available in a usable alternative format. Such materials shall meet the National Instructional Materials Accessibility Standard for each student with a disability in accordance with the student's IEP and course selections.
Appropriate accommodations necessary to measure the academic achievement and functional performance of the student shall be provided in the administration of classroom and district-wide assessments. The District, to the extent feasible, will use universal design principles in developing and administering any district-wide assessment programs.
The District shall appoint and train appropriately qualified personnel, including the members and chairpersons of the Committee on Special Education (CSE) and the Committee on Preschool Special Education. The District shall take steps to recruit, hire, train and retain highly qualified personnel to provide education programs and services.
Teachers and service providers shall receive a copy of a student's IEP in accordance with Policy 4025. Personally identifiable information of a student with a disability shall not be disclosed by any officer or employee of the District, or member of a committee on special education or committee on preschool special education to any person other than the parent of such student, except in accordance with the federal regulations implementing the IDEA and Part 99 of title 34 of the Code of Federal Regulations.
The Board of Education shall periodically review this policy to ensure its compliance with current laws and regulations. As required by Section 200.2(b) of the Regulations of the Commissioner of Education, the District shall publicly report on revisions to its policies, procedures and/or practices upon a finding by the State Education Department that the District has inappropriate policies, procedures or practices resulting in a significant disproportionality by race/ethnicity in the suspension, identification, classification and/or placement of students with disabilities.
Adopted by the Board: June 19, 2007
Rescind: Policies 1000.1, 1000.2, 1000.3, 5160