PROCEDURES OF THE COMMITTEE In accordance with New York Education Law Section 4402, the CSE is responsible for evaluating all school-age children thought to have a disability, identifying the disability (or determining that no disability exists), and recommending a type of placement, if needed, within sixty (60) calendar days from consent for evaluation. The time line begins when a written request for evaluation is made by any of the following: Referral A student suspected of having a disability shall be referred in writing to the chairperson of the District's CSE or to the building administrator of the school that the student attends or is eligible to attend, for an individual evaluation and determination of eligibility for special education programs and services. The time-line for identifying a disability and recommending a placement begins when a written request for evaluation (a "referral") is made by: 1. the pupil's parent or person in parental relationship; 2. a professional staff member of the District or the public or private school the pupil legally attends; 3. a licensed physician; 4. a judicial officer; 5. the commissioner, or designee of a public agency with responsibility for the welfare, health, or education of children; 6. the pupil himself/herself, if such pupil is 18 years of age or older, or an emancipated minor who is eligible to attend the schools in the District. Referrals can be made at any time during the school year. All new entrants to the District are screened at the time of enrollment and such screening, if it indicates a possible disability, can lead to a CSE referral. Children are also routinely tested with statewide performance measures throughout their school careers. Children who score below State reference points will be referred to the CSE unless there is a clear explanation for the student's difficulty that indicates there is probably not a disability. All referrals are made to the building principal or the chairperson of the CSE. The referral must be in writing, dated, and must state the basis for the belief that the pupil may have a disability. A referral submitted by anyone other than the parent, student or judicial officer must also: (1) include any test results, records or reports upon which the referral is based that may be in the possession of the person submitting the referral; (2) describe attempts to remediate the student's performance prior to referral, including any supplementary aids or support services provided, or state the reasons why no such attempts were made; and (3) describe the extent of parental contact or involvement prior to the referral. (Referrals may be sent by mail, fax or hand-delivery. Parents/guardians are asked to not make referrals by email. Upon receipt of emailed referrals, parents/guardians will be asked to submit referral by mail, fax or hand-delivery.) Upon receipt of a referral, the chairperson of the CSE will contact the parent or guardian, or ask a designee at the building level to do so, and request consent for evaluation. A copy of New York State's A Parent's Guide to Special Education is given to the parent at this time as well as the District's notice of due process rights. Within ten (10) days following receipt of a CSE referral or copy of referral, the building principal or designee may decide to meet with the parent or guardian and/or pupil to discuss educational services presently being offered and to determine whether the student would benefit from alternatives to special education. If a professional staff member in the District made the referral, he/she should also attend this meeting. Any other person making a referral shall have the opportunity to attend. An interpreter will be provided, should one be necessary. Should the principal, professional making the referral, and parent or guardian thereafter agree to further efforts at remediation or short-term guidance efforts, without resort to special education, the referral is unwarranted. If the referral is unwarranted, then the referral shall be withdrawn, in writing. The written agreement must specify the educational program that will be provided and a proposed duration of this program. Copies of the agreement will be given to the CSE chairperson, the person who made the referral if a professional staff member of the District, the parent or person in parental relationship, and the student, if appropriate. If the referral to the CSE is not withdrawn by agreement, but the parent or guardian does not consent to the evaluation within thirty (30) days, the chairperson of the CSE will arrange a meeting with the parent, the staff person making the referral, and the building principal or designee. The reasons for the referral will be discussed and if both the parent and person making the referral thereafter agree that the referral is unwarranted then the referral shall be withdrawn. A written agreement will be devised which must contain suggestions for resolving the learning difficulty as well as establishing a time-frame for further review. A copy of the agreement will become part of the student's educational record and a copy will be maintained by the Special Education office. Should it be determined, following the conference, that the evaluation is warranted and the parent continues to refuse consent to same, the chairperson of the CSE will recommend to the Board of Education that an impartial hearing officer be appointed to hear evidence and testimony on the need for an evaluation. Recommendation When an evaluation is completed, the CSE convenes a meeting to which the parent and, where appropriate, the student are given an opportunity to attend. The CSE reviews the results and determines eligibility or ineligibility for special education upon all relevant evaluative information and in accordance with all applicable federal and state definitions for determining the presence of an educational-related disability. The committee will try to reach consensus on a decision. In the event that consensus can’t be reached, the CSE chair will provide a recommendation to the Board of Education. The CSE then submits a recommendation to the Board of Education. If the CSE finds no disability, written notification is sent to the parent or legal guardian and to the principal, indicating ineligibility for special education and reasons for the finding. If the CSE determines that a child has a disability, an IEP (Individualized Education Program) is prepared at the meeting that specifies the nature of the disability, the child's current levels of functioning, the type of special education program and/or services recommended, and annual goals and short-term instructional objectives for the school year. The Board of Education must arrange for appropriate special programs and services within 60 school days from consent for the initial evaluation or within 30 school days of the recommendation to the Board if the placement is for an approved in-state or out-of-state private school. If the Board of Education disagrees with the recommendation of the CSE, it can send the recommendation back to the CSE with notice of the need to schedule a timely meeting to review the Board's concerns and revise the IEP if deemed appropriate. Also, written consent of the parent is required for a student initially entering special education and for the provision of services during July or August for those initially being recommended for a 12-month service or program. Annual Review and Declassification An annual review is conducted by the CSE or subcommittee for every resident pupil who has been classified as having a disability. Parents are notified by mail in advance of this review and invited to attend. The review is conducted to determine the appropriateness of the pupil's current classification and program and to see if any revisions are necessary. A new IEP is prepared at the meeting and the parents shall be notified of the CSE's recommendations. A comprehensive re-evaluation is conducted every three (3) years. This triennial evaluation is to include an individual psychological assessment, and other suitable examinations as may be necessary to reassess the appropriateness of classification, program, and placement. Re-evaluations may also be initiated prior to the triennial date if requested by the parent or professional staff. When the CSE determines that a pupil no longer needs Special Education services, the CSE may recommend declassification support services for the first year of a student's return to regular education. Such services may include psychological, speech and language services, or they could consist of a consultant to the classroom teacher, testing modifications, or other accommodations to the student. Accommodations and test modifications are eligible to declassified students, if necessary, through their completion of high school.
Referral The CPSE is responsible for arranging for the evaluation of any child between the ages of three (3) and five (5) who is a resident of the School District and is thought to have a disability. The evaluation process begins when a written request for evaluation is made by the child's parent or person in parental relationship, a professional staff member of the school district, a staff member of a program serving infants and toddlers or preschool children, a provider of services to the child, a licensed physician or judicial officer, a representative of a public agency with responsibility for the care of children, or a staff member of the Early Childhood Direction Center. The referral can be made at any time during the school year. The referral must include information about prior participation in preschool programs or services, any prior attempts to correct the suspected problem and should include documentation of required immunizations. A referral received by any professional staff member in the District must be forwarded to the CPSE chairperson immediately upon receipt. When the CPSE receives a referral, the chairperson of the CPSE will inform the parent, in person or by mail, about the procedures for initiating an evaluation at an approved evaluation site within the County. A listing of such sites will be included with the letter to the parent. The chairperson of the CPSE will provide the parents with a copy of the District's notice of due process rights and will ensure that the parents understand the request for consent for evaluation of a preschool student. Parents will be asked to consent to the evaluation, in writing, and will be provided with a form for this purpose. If the parent does not choose an evaluation site and does not consent in writing to the evaluation within thirty (30) days, the chairperson of the CPSE will invite the parent to a conference to discuss the reasons for the evaluation and the services that could be made available upon a finding of special needs. If, following such a conference, the parent chooses not to consent to the evaluation, the CPSE will issue a letter notifying the parent that the referral has been withdrawn and the CPSE will take no further action. Recommendation When an evaluation has been completed, a report will be submitted to the CPSE. The committee will try to reach a consensus on a decision. In the event that consensus can’t be reached, the CPSE chair will provide a recommendation to the Board of Education. The CPSE will then meet with the parent and a professional familiar with the evaluation to review the results and submit a recommendation to the Board of Education and to the County. The recommendation will be submitted to the Board of Education within thirty (30) days of receipt of consent for evaluation. If the child is found to be eligible for special programs or services a recommendation will be made to the Board of Education identifying an appropriate program. The CPSE will seek, in every case, to recommend placement in the least restrictive environment consistent with the needs of the child. The CPSE shall consider the appropriateness of providing related services or special education itinerant services only. If, for any reason, the recommendation of the CPSE differs from the preference of the parent, the report shall include the reasons for the CPSE's recommendation.
Upon agreement with the CPSE's recommendation, the Board of Education will arrange for the child to receive appropriate special programs and services. Initial placement will not be provided without parental consent. Placement in an approved program will take place as soon as possible following the Board of Education's agreement to arrange for the services recommended by the CPSE. If the parent disagrees with the recommendations of the Board of Education, the parent may request an impartial hearing and may appeal the decision of the hearing to a State Review Officer. Review of impartial hearings will be conducted in accordance with the same rules of procedural due process applicable to the placement of school-age children. Annual Review The individualized education program (IEP) of each preschool student with a disability shall be reviewed and, if appropriate, revised periodically but not less than annually. The yearly review is conducted to ensure that the IEP will continue to meet the child's educational needs. In addition to the members of the CPSE, the child's teacher must attend, and parent must be given the opportunity to attend, or participate in the meeting as well. Parents must receive written notice, at least five (5) days prior to the meeting that indicates the date, time, location and persons expected to attend. This notice must also inform the parents that they may invite other persons to attend the meeting.
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