4321 - PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA
AND ARTICLE 89
The Board of Education shall make available to all students who reside within the Districtand who are
eligible under the Individuals with Disabilities Education Act (IDEA) and Article 89 of the Education Law a
free appropriate public education in the least restrictive environment appropriate to meet their
individual needs.
The Board acknowledges its responsibility to offer, at public expense, special education and related
services that are designed to provide educational benefits to students in conformity with their
individualized education program (IEP). Special education services or programs will be designed to
enable students with disabilities to be involved in and progress in the general education curriculum,
including nonacademic and extracurricular programs, to the extent appropriate to their needs.
Consistent with the requirements of federal and state law and regulations, the following measures will
be taken to ensure the provision of a free appropriate public education to all eligible students with
disabilities:
1. The District shall conduct a census to locate and identify all students with disabilities who reside in the
district and establish a register of such students who are entitled to attend the public schools of the
district or are eligible to attend a preschool program during the next school year, including students with
disabilities who are homeless or who are wards of the State and children with disabilities attending
nonpublic school within the district including religious schools.
2. The Board shall appoint a CSE, CPSE and, as appropriate, CSE subcommittees, to ensure the timely
identification, evaluation and placement of eligible students with disabilities;
3. The District shall arrange for appropriate special education and related services recommended by the
CSE or CSE subcommittee within 60 school days of the District’s receipt of parental/caregiver consent to
evaluate a student not previously identified as a student with a disability, or within 60 school days of
referral for review of a student with a disability, except as otherwise provided in law and regulations.
Should the Board disagree with the recommendation of the CSE, it may, upon notice to the
parents/caregivers involved and in accordance with the procedures set forth in the Commissioner’s
regulations, forward its concerns to the CSE, or reconvene a second CSE for review of and revisions to
the original recommendation as appropriate;
4. The District shall develop and implement school-wide approaches and interventions in order to
remediate a student’s performance prior to referral for special education services;
5. The District staff shall refer for evaluation a student who has not made adequate progress after an
appropriate period of time when provided instruction under a response to intervention program;
6. In providing a free appropriate public education to eligible students with disabilities, the Board shall
provide students with disabilities and their parents/caregivers the procedural safeguard rights they are
entitled to under applicable law and regulations. The Board will also provide notice of the procedural
safeguards available to them, using the form prescribed by the Commissioner of Education;
7. The Board shall select and appoint impartial hearing officers (IHO) from the updated list of certified
IHO‘s maintained by the New York State Education Department to hear complaints regarding the
identification, evaluation, or placement of students with disabilities, or the provision of a free
appropriate public education to such students in accordance with the rotational selection process and
other applicable procedures described in the Commissioner’s regulations;
8. The Superintendent or her/his designee shall establish a plan for the recruitment, hiring, and
retention of staff appropriately and adequately prepared to meet the needs of students with disabilities
including, but not limited to, highly qualified special education teachers;
9. The Superintendent or her/his designee shall establish a comprehensive system of personnel
development so that professional and paraprofessional staff working with students with disabilities
possess the skills and knowledge necessary to meet the needs of students with disabilities;
10. The Superintendent or her/his designee shall establish a process for ensuring that district staff are
aware of and understand the rights of students with disabilities to be educated in the least restricted
environment, including participation in the same academic, cocurricular and extracurricular programs
and activities as all other students enrolled in the district’s public schools, to the maximum extent
appropriate to their individual needs.
11. An annual report shall be made by the Director of Special Education to the Board no later than
February 15 of each year. This report shall contain requested information including, at a minimum, the
total number of students in Special Education, the number of students in each classification category,
special education student demographics, graduation rates for students with disabilities, and the total
number of special education faculty and staff employed by the District.
Eligible students with disabilities are entitled to special education and related services until the end of
the school year in which they turn 21 or until they receive a local high school or Regents diploma.
Students with disabilities may not be required to take medication as a condition for receiving a free
appropriate public education.
References: The Individuals with Disabilities Education Act (IDEA), 2O USC §§1400 et seq.
34 CFR Part 300
N.Y. Education Law Article 89, §§4401 et seq.
8 NYCRR Part 200
Policy: 4321 (replaces 4321 adopted 12/19/2000)
Presented: July 22, 2008
Adopted: August 26, 2008
4321.1 EDUCATION OF STUDENTS WITH DISABILITIES IN THE LEAST
RESTRICTIVE ENVIRONMENT
All students who are eligible for special education programs and services under the Individuals with
Disabilities Education Act (IDEA) and Article 89 shall receive those services in the least restrictive
environment appropriate to meet their individual educational needs. To enable students with disabilities
to be educated with nondisabled students to the maximum extent appropriate, specially designed
instruction and supplementary services may be provided in the regular class, including providing related
services, resource room programs and special class programs within the general education classroom.
Students with disabilities will not be placed in special classes or separate schools or be otherwise
removed from the regular educational environment unless the nature or severity of their disability is
such that their education cannot be achieved satisfactorily in regular classes, even with the use of
supplementary aids and services.
To fulfill its responsibility to educate students with disabilities in the least restrictive environment, the
District will implement the provisions of section 200.6 of the Commissioner’s regulations. Pursuant to
that section, students with disabilities placed together for purposes of receiving special education will be
grouped by similarity of individual needs including theirrange of academic achievement, functional
performance and learning characteristics, social and physical development and management needs.
The requirement that students with disabilities receive special education programs and services in the
least restrictive environment extends to nonacademic settings. Therefore, the District will provide
students with disabilities the opportunity to participate with nondisabled students in school-sponsored
cocurricular and extracurricular activities, to the maximum extent appropriate to each individual
student’s needs. Nonacademic and extracurricular programs and activities may include counseling
services, athletics, transportation, health services, recreational activities, special interest groups or clubs
sponsored by the school district, referrals to agencies that provide assistance to individuals with
disabilities and employment of students, including both employment by the school district and
assistance in making outside employment available.The District will also provide students with
disabilities with supplementary aids and services that the Committee on Special Education (CSE) or CSE
subcommittee detenriines to be appropriate and necessary for the student to participate in such
activities.
References: The Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1400 et seq.
8 NYCRR §§ 200.2(b)(4); 200.6
Policy: 4321.1
Presented: April 22, 2008
Adopted: May 13, 2008
4321.11 — PUBLIC REPORT ON REVISIONS TO DISTRICT POLICIES,
PRACTICES AND PROCEDURES UPON A FINDING OF SIGNIFICANT
DISPROPORTIONALITY
The Board of Education has sought to adopt policies and procedures related to the education of
students with disabilities that minimize the rise of a disproportionate representation of racial and ethnic
groups in its special education programs and services and with respect to the suspension of students
with disabilities. If a disproportionality either in the suspension, identification, classification and/or
placement of the District’s students with disabilities is found, the Board will review the district’s policies,
practices and procedures to determine whether they are fully compliant with the requirements of the
Individuals with Disabilities Education Act (IDEA) and Article 89 of the Education Law or are in need of
revision. If changes are needed, the Board will take steps to adopt and implement any and all necessary
revisions and will inform the public of any revisions undertaken as a result of a finding of significant
disproportionality.
References: Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1412(a)(24);1418(d)
34 CFR §§ 300.173; 300.646
8 NYCRR § 200.2(b)(15)
Policy: 4321.11
Presented: April 22, 2008
Adopted: May 13, 2008
4321.12 - USE OF BEHAVIORAL INTERVENTIONS, INCLUDING TIME
OUTROOMS, PHYSICAL RESTRAINTS AND AVERSIVE INTERVENTIONS
The Use of Time Out Rooms
A time out room is an area for a student to safely deescalate, regain control and prepare to meet
expectations to return to his or her education program. Time out rooms are to be used only in
conjunction with a behavioral intervention plan, in accordance with a student’s Individualized Education
Program (IEP). The time out room will be a supervised area used in order to facilitate self-control, to
remove a student from a potentially dangerous situation or to remove a student from an unanticipated
situation that poses an immediate concern for the physical safety of the student or others. No student
shall be placed in a locked room or space or in a roorn where the student cannot be continuously
observed and supervised.
The Director of Special Education shall be responsible for the development and implementation of
regulations covering the use of a time out room, as well as monitoring compliance with those
regulations. The regulations must include, at minimum, the following:
1.
time limitations for the use of a time out room;
2.
factors that may precipitate the use of a time out room;
3.
staff training on the policies and procedures related to the use of a time out room; and
4.
data collection to monitor the effectiveness of the use of a time out rooms.
Parents/caregivers must be informed prior to the initiation of a behavioral intervention plan that
incorporates the use of a time out room. Upon request, the parent/caregiver will be shown the space
that will be utilized. In addition the parent/caregiver will be provided a copy of this policy.
Physical Restraints
Physical restraint may be used in an emergency where no other approach would be effective in
controlling the student’s behavior. Staff will not use physical restraint as a substitute for systematic
intervention to modify inappropriate behavior. Staff who may be called upon to physically restrain a
student will be trained on safe and effective ways to do so. The district shall maintain documentation on
the use of physical restraints for each student, that shall include:

the name and date of birth of the student;

the setting and location of the incident;

the name of the staff member involved;

a description of the incident and the emergency intervention used, including duration;

a statement as to whether the student has a current behavioral intervention plan; and details of
any injuries sustained by the student or others, including staff, as a result of the incident.
The parent/ caregiver of the student shall be notified when physical restraints have been used with his
or her child.
Aversive Behavioral Intervention
The use of aversive behavior intervention, as that term is defined in the Commissioner’s regulations, is
prohibited, unless a child-specific exemption has been granted by the Commission for a school-age
student in accordance with the procedures set forth in the regulations. Aversive behavior interventions
will be limited to self-injurious or aggressive behaviors identified in the student’s IEP and shall not be the
sole or primary approach to modifying inappropriate behavior. If the CSE is considering the use of
aversive behavioral intervention for a student, it must submit an application to the Commissioner. If the
application is approved and the CSE decides to incorporate aversive behavioral intervention into the IEP,
the CSE must notify the Commissioner. Any IEP providing for a child-specific exemption allowing the use
of aversive interventions must identify the following:

self-injurous and/or aggressive targeted behavior(s);

aversive intervention(s) to be used to address the behavior(s); and

aversive conditioning device(s) and/or mechanical restraints where the aversive intervention(s)
includes the use of such device(s).
The CSE must obtain informed written consent from the student’s parent/caregiver if the use of the
aversive intervention is incorporated into their child’s IEP.
The district shall establish a Human Rights Committee to monitor the school’s behavioral intervention
program for any student being considered for or receiving aversive interventions to ensure the
protection of the legal and human rights of individuals.
Reference: 8 NYCRR § 200.22
Policy: 4321.12
Presented: May 13, 2008
Adopted: May 27, 2008
4321.13 PRESCHOOL SPECIAL EDUCATION
The Board of Education recognizes the value of special education and the Board’s responsibility to
ensure that all resident preschool children with disabilities have the opportunity to participate in special
programs and services from which they may benefit. The District policies goveming programs and
services for students with disabilities generally apply to the provision of educational programs and
services to preschool students, except as otherwise noted.
To ensure that each preschool child with a disability can participate in preschool programs approved by
the Commissioner, the following measures shall be taken:
1. The Board shall appoint and train qualified personnel to a Committee on Preschool Special Education
(CPSE), which makes recommendations on the identification,evaluation and appropriate services for
preschool students with disabilities;
2. The Board shall arrange for individual evaluations of preschool students suspected of having a
disability, upon the consent and selection by the parent/ caregiver of an approved program with a
multidisciplinary evaluation component;
3. The Superintendent shall establish administrative practices and procedures to ensure that the
parent(s)/caregiver(s) of preschool age children with disabilities have received and understand the
request for consent to evaluate their child;
4. The Board will ensure the allocation of appropriate space within the District for special education
programs that meet the needs of preschool students with disabilities;
5. The CPSE shall recommend, through the creation of an Individualized Education Program (IEP),
approved appropriate services and/or special programs and the frequency, duration, location and
intensity of such services and shall forward its recommendation to the Board, the parent/caregiver of
the preschool student and to the municipality in which the preschool student resides;
6. The Board shall arrange for the preschool student with a disability to receive the programs and
services recommended by the CPSE in accordance with the time frame set forth in the Commissioner’s
regulations;
7. The CPSE shall review and, if appropriate, revise the IEP of each preschool student with a disability no
less frequently than annually. Placement may be appealed by a parent/caregiver to an Impartial Hearing
Officer (IHO) appointed by the Board. Mediation will be offered to such parent/ caregiver to resolve
complaints regarding the education of preschool children with disabilities at the same time notice of the
availability of an impartial hearing is provided.
References: 8 NYCRR §§ 200.2(b)(2); 200.16
Policy: 4321.13 (replaces policy 4321.2)
Presented: March 25, 2008
Adopted: April 8, 2008
4321.14 REFERRAL, EVALUATION AND ELIGIBILITY DETERMINATION
OF STUDENTS WITH DISABILITIES
Referral
A student suspected of having a disability shall be referred in writing to the Committeeon Special
Education (CSE) chairperson or to the building administrator of the school that the student attends or is
eligible to attend for an individual evaluation and detennination of eligibility for special education
programs and services. If a referral is received by the building administrator, it shall be forwarded to the
committee chairperson immediately upon its receipt by the administrator. If a referral is received by the
committee chairperson, a copy shall be forwarded to the building administrator within five (5) school
days of its receipt by the committee chairperson. The committee chairperson is responsible for
immediately notifying the parent/ caregiver of a student referred for evaluation for special education
programs and services.
To initially determine a student’s eligibility for a free appropriate public education (FAPE) under the IDEA
and Article 89, the CSE will conduct a full evaluation of the student within the legally prescribed time
limits. The initial evaluation shall include, at least: a physical examination, an individual psychological
evaluation unless the school psychologist determines it unnecessary, a social history, an observation of
the student in the student’s leaming environment to document the student’s academic performance
and behavior in the areas of difficulty, and other appropriate assessments or evaluations (including a
functional behavioral assessment for a student Whose behavior impedes his or her learning or that of
others) to ascertain the physical, mental, behavior and emotional factors that contribute to the
suspected disabilities.
Once a student has been determined eligible to receive a FAPE under IDEA, the District will reevaluate
the student with a disability whenever the student’s parent/caregiver requests a reevaluation, and when
the District determines the educational and related services needs (including improved academic
achievement and functional performance) of the child warrant a reevaluation. However, a reevaluation
must take place at least once every three years, unless the student’s parent/caregiver and the District
agree that it is unnecessary. The reevaluation shall be sufficient to determine the student’s individual
needs, educational progress and achievement, the student’s ability to participate in instructional
programs in regular education and the student’s continuing eligibility for special education.
Parental/Caregiver Consent
Prior to conducting any type of evaluation, the District shall take steps to obtain written informed
consent from a student’s parent/caregiver, as required by applicable law and regulations. The District
shall also keep a detailed record of those attempts and their results, including phone calls and
correspondence, visits to the parent/caregiver’s home and anyresponses received. If a parent/caregiver
refuses to give consent for an initial evaluation, or fails to respond to such a request, the parent/
caregiver will be given an opportunity to attend an informal conference and ask questions about the
proposed evaluation. Unless the referral for evaluation is withdrawn, if the parent/caregiver continues
to withhold consent, the Board will commence due process proceedings to conduct an initial evaluation
without parental/caregiver consent within the time frame established in the Commissioner’s
regulations.
If a parent/caregiver refuses to give consent for a reevaluation, or fails to respond to such a request, the
District will proceed with the reevaluation without parental/caregiver consent if the District has engaged
in documented reasonable efforts to obtain such consent and the parent/caregiver has failed to
respond. If the District cannot document its efforts to obtain consent, the Board will commence due
process proceedings to conduct a reevaluation without parental/caregiver consent.
If the District is unable to obtain consent for the initial evaluation or reevaluation of a home schooled or
a parentally or caregiver-placed nonpublic school student, the Board will not commence due process
proceedings to conduct the evaluation without parental/ caregiver consent, and will consider the
student as not eligible for special education.
Parental/caregiver consent for initial evaluation does not constitute consent for placement or the
provision of special education and related services. Therefore, the District will take steps to obtain
written informed consent for the initial provision of special education and related services to an eligible
student. The Board is precluded under the law and regulations from commencing due process
proceedings to override the parent/caregiver’s refusal to provide such consent or override the
parent/caregiver’s failure to respond to such request.
Conduct of Evaluations
In conducting evaluations of students with disabilities, the District shall ensure that assessments and
other evaluation materials used to assess a student are provided and administered in the student’s
native language or other mode of communication and in the form most likely to yield accurate
information on what the student knows and can do academically, developmentally and functionally,
unless clearly not feasible to do so. The District shall further ensure that the evaluations are
administered by trained and knowledgeable personnel and are selected and administered so as not to
be discriminatory on a racial or cultural basis.
For students suspected of having a specific learning disability, the District shall follow the procedures
established in the Commissioner’s regulations.
The initial evaluation to determine if a student is a student with a disability must be completed within 60
days of receiving parental/caregiver consent for the evaluation, unless otherwise provided by law or
regulation.
Students with disabilities may not be required to take medication as a condition for receiving an
evaluation.
Eligibility Determinations
In interpreting evaluation data for the purpose of determining if a student is a student with a disability
and determining the educational needs of the student, the CSE and other qualified individuals will draw
upon information from a variety of sources, including aptitude and achievement tests, parent/caregiver
input, and teacher recommendations, as well as information about the student’s physical condition,
social or cultural background and adaptive behavior. The District will ensure that information obtained
from all these sources is documented and carefully considered and shall provide a copy of the
evaluation report and the documentation of eligibility to the student’s parent/ caregiver.
A student shall not be determined eligible for special education if the determinant factor is lack of
appropriate instruction in reading, including phonemic awareness, phonics, vocabulary development,
reading fluency (including oral reading skills), and reading comprehension strategies; lack of appropriate
instruction in math; or limited English proficiency.
Reference: 8 NYCRR §200.4
Policy: 4321.14
Presented: March 25, 2008
Adopted: April 8, 2008
4321.15 - Response to Intervention (Rtl)
I. Philosophy
The Board of Education is committed to ensuring that all of its students have access to high-quality,
research-based instruction within the general education curriculum that meets the needsof all learners.
Targeted Response to Intervention (Rtl) strategies will focus on interventions that foster a safe and
orderly environment and provide positive alternatives for students who present behavioral challenges.
The Ithaca City School District shall establish policies and procedures for implementing research-based
interventions to support student behavior and academic achievement in ways that improve student
performance prior to referral for special education, as required by law (8NYCRR §100.2(ii)), through a
multitiered RtI model for school improvement. Under State law, ICSD shall have an RtI program in place
by July 1, 2012, to determine if a student in Grades K—4 is a student with a leaming disability in the area
of reading. Further, “effective on or after Julyl, 2012, a school district shall not use the severe
discrepancy criteria to determine that a student in kindergarten through grade four has a leaming
disability in the area of reading” (Memorandum from the New York State Education Department, 2008).
The New York State Department of Education defines Rtl as “a multitiered, problem-solvingapproach
that identifies general education students struggling in academic and behavioral areas early and
provides them with systematically applied strategies and targeted instruction at varying levels of
intervention” (Memorandum from the New York State Education Department, 2008). The Ithaca City
School District has further defined Rtl as the systematic use of assessment data (e.g., state assessment,
curriculum-based assessment, office discipline referral, suspension) to more effectively allocate
resources in promoting strategies that enhance leaming and improve the behavior of all students.
The Board of Education recognizes that schoolwide approaches for implementing targeted intervention
strategies under RtI may increase student achievement and decrease the need for referrals to the
Committee on Special Education. The usage of targeted Rtl strategies also will focus on the provision of
targeted interventions that foster a safe and orderly environment and provide positive alternatives for
students who present behavioral challenges. The implementation of the RtI model does not change the
District’s commitment to identify students with disabilities through direct referrals.
II. Policy
The Ithaca City School District shall implement a three-tiered, problem-solving approach to RtI that
systemically provides targeted instructional and behavioral intervention strategies to address the needs
of struggling learners based on student data. The three tiers shall comply with the policy framework
established by the State and shall consist of the following levels of support:
Tier I—Universal Instruction
Tier I, which refers to all students in our schools, will receive appropriate behavioral and instructional
supports in the general education classroom in all content areas. All students will participate in universal
screening through state and district assessments to identify situations in which the needs of all learners
are not currently being met sufficiently for all to master age- or grade-level standards. Report cards for
students will occur three times per year for elementary students and four times per year for secondary
students; progress reporting on individualized education program goals, aligned with the marking
periods, will occur three times per year for elementary students and four times per year for secondary
students. Staff will modify the instructional program with targeted strategies matched to student need,
designed to close the achievement gap and increase student rate of learning. Repeated assessments
(including both formal and informal assessments such as curriculum-based measures) will be
administered to determine if achievement levels are improving. When behaviors emerge as key factors
inhibiting student success, proactive and positive structures will be created to support student learning
for all. Behavioral progress will be monitored using various information including referrals, attendance,
and suspension data. Students who continue to struggle after receiving targeted differentiated
instructional and behavioral interventions over a period of time will be referred to the Rtl team.
Tier II—Targeted Intervention
Tier II interventions shall be designed by a team that can include, but is not limited to, the student’s
classroom teacher, school principal, Tier II specialist, school counselor, social worker/psychologist, and
parent/caregiver. In addition, other specialists may be invited on a case-by-case basis. Tier II plans will
consist of targeted interventions matched to students’ specific academic or behavioral strengths and
needs with ongoing progress monitoring occurring at least every two weeks. In addition to core
instruction, Tier II interventions will include supplemental instructional supports. Tier II behavioral
interventions will include proactive and positive structures that support student leaming. Behavioral
progress will be monitored using a variety of data, including referrals, attendance, and suspensions. The
provision of research-based interventions could last approximately six to ten weeks (see procedural
manual and district website for further guidance). Data about students’ academic and/or behavioral
progress will inform subsequent interventions.
Tier III—Intensive Intervention
Tier III strategies will include intensive academic or behavioral interventions that may in some cases be
individualized. Tier III strategies shall be designed by a team that can include, but is not limited to, the
student’s classroom teacher, school principal, Tier II specialist, school counselor, and parent/ caregiver.
Other specialists may be invited on a case-by-case basis. Progress monitoring will occur at least every
two weeks throughout the delivery of the Tier III interventions. Tier III behavioral strategies will include
intensive interventions that provide proactive and positive structures supporting student learning.
Behavioral progress will be monitored using a variety of data, including infomtaticn about referrals,
attendance, and suspensions. Successful Tier III interventions may be reduced in intensity and
frequency. If the Tier III strategies are ineffective, the Rtl team will reconvene to carefully review the
student’s intervention plan and sources of data to determine next steps. Tier III could include the
development of other intervention strategies or evaluation for Section 504 or special education services.
III. Delegation ofAuthority
Superintendent (or Designee)
The Superintendent or his or her designee will establish a district-level Rtl team to guide the
development of the procedures for implementing Rtl in all Ithaca City School District schools. The Rtl
team may include, but is not limited to, the Assistant Superintendent for Curriculum and Instruction,
Assistant Superintendent for Student Services, Director of Special Education, Director of Academic
Intervention Services, Director of Professional Development, Director of Early Childhood, Rtl specialists,
teachers, staff, parents/community members, and principals.
The Ithaca City School District recognizes the necessity of ongoing professional development for staff to
implement Rtl. The professional development plan for administrators, teachers, and otherschool
professionals will accommodate the varied levels of staff expertise in Rtl and account for all new
personnel hired to support Rtl. The professional development plan should include, but should not be
limited to, collection and analyses of student data, data-based decision making, research-based
interventions and strategies, and progress monitoring.
District RTI Team Duties and Responsibilities
The district RTI team will support the development of the following:

Districtwide definitions and procedures for the delivery of Rtl

Districtwide documentation requirements and procedures, including common reporting forms

Guidelines for detennining intervention within all tiers

Ongoing differentiated professional development for all staff in the areas of research-based
academic and behavioral interventions

Consistent school-level assessments and progress monitoring expectations

Roles and responsibilities for school-based Rtl teams

District-level procedures for overseeing Rtl implementation

Professional opportunities designed to ensure that all staff have the knowledge and skills
necessary to implement Rtl consistently across the district
School-Level Rtl Team Responsibilities and Duties
Each school within the Ithaca City School District will utilize the District’s Rtl team approach to direct the
implementation of Rtl. The school-level Rtl team will be responsible for the intervention design, progress
reporting, and decision making for all students (Tiers II and III).The RtI team may include, but is not
limited to, the following:

Academic intervention specialists

General education teachers

Parents/ caregivers

School counselors

School administrators

School nurses

School psychologists

Social workers

Special education teachers

Specialists

Tier II specialists

Community-based organizations
All school staff, including specialists, have responsibilities and duties across Tiers I, II, and III.
A copy of this policy and its accompanying procedures shall be distributed to all personnel, students,
and caregivers and posted in appropriate places.
Policy: 4321.15
Presented: June 9, 2009
Adopted: June 23, 2009
4321.2 - SCHOOL-WIDE PRE-REFERRAL APPROACHES AND
INTERVENTIONS
The Board of Education acknowledges that the provision of academic and behavioral supports and
targeted interventions for students who are not making academic progress at expected levels in the
general curriculum may improve a student’s performance and should be implemented to remediate a
student’s performance prior to referral for possible classification as a student with a disability.
Therefore, the District will implement school-wide practices designed to enable all of its students to
succeed in the general education environment. The District’s implementation of these practices will not
impede or delay the appropriate evaluation of astudent suspected of having a disability and the
student’s right to a free appropriate public education.
The Superintendent or the Superintendent’s designee(s) shall develop, implement and evaluate prereferral intervention strategies that comply with this policy. These strategies may include:
1. Providing early intervention services with funds available under the Individuals with Disabilities
Education Act (IDEA) and which may be coordinated with similar activities conducted under the
Elementary and Secondary Education Act. Such services would be made available to students not
currently identified as needing special education and related services, but who need additional support
to succeed in a general education setting. This may include professional development that enables
teachers and other staff to deliver scientifically based academic instruction and behavioral
interventions, such as scientifically based literacy instruction and, where appropriate, instruction on the
use of adaptive and instructional software. It also may include educational and behavioral evaluations,
services and supports.
2. Implementation of a response to intervention (RTI) program to detennine if a student responds to
scientific, research-based instruction or requires interventions beyond those provided to all students in
the general education classroom. The RTI program must meet the minimum requirements established in
the Commissioner’s regulations.
3. Implementation of a positive behavior intervention and support (PBIS) system that reduces school
and classroom behavioral problems and creates and maintains a safe and positive learning environment
by promoting positive behavior in all students.
References: The Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1413;1414(b)(6)(B)
34 CPR §§ 300.226; 300.307(a)(2)
8 NYCRR §§ 100.2(ii); 200.2(b)(7)
Policy: 4321.2
Presented: April 22, 2008
Adopted: May 13, 2008
4321.3 — INSTRUCTIONAL SPACE FOR STUDENTS WITH DISABILITIES
The Board of Education has a responsibility to ensure that appropriate long-term education space is
provided for students with disabilities and to expand opportunities for students with disabilities to be
educated in sites that promote integration with nondisabled students while reducing the number of
classrooms in separate settings. The District will address the allocation of space for special education
programs as needed.
The Superintendent shall follow the following procedures:
1.
Periodically gather infonnation regarding the number of students and preschool students with
disabilities presently participating and anticipated to continue to participate in the district’s special
education programs and services, the type of programming they presently receive and may receive in
the future, as well as the setting in which those services are and/or will be provided.
2.
Review the results of the District’s last census, and other district child-find efforts, including
child-find activities conducted with respect to parent/caregiver-placed, nonpublic-school students with
disabilities.
3.
Anticipate any projected increase in the number of students and preschool students
withdisabilities the District will be responsible for providing special education programs andservices to,
the type of services they will be receiving and the setting in which those services will be provided.
4.
Based on the above information, review current space capacity, and identify any additional
space requirements to meet both current and future needs.
5.
Submit a bi-annual report to the board regarding the results of the above review process, along
with the necessary recommendations for additional space allocations.
References: Individuals with Disabilities Education Act (IDEA), 20 USC 1400 et seq.
NY Education Law § 3602(10)
8 NYCRR §§ 155.1(a); 200.2(c)(iv), (v); 200.2(g)
Policy: 4321.3
Presented: April 22, 2008
Adopted: May 13, 2008
4321.4 - INDEPENDENT EDUCATIONAL EVALUATIONS
The District recognizes the right of parents or caregivers of a student who has or is thought to have a
disability to receive an independent evaluation at public expense if the parents/ caregivers disagree with
the evaluation obtained by the Committee on Special Education (CSE) or the Committee on Preschool
Special Education (CPSE).
The independent examination shall be conducted by a qualified examiner who is not employed by the
District. Upon request, parents/ caregivers will be provided with a list of public and private agencies and
professional resources where independent evaluations may be obtained. Parents/ caregivers will receive
information about their rights to an independent educational evaluation with their Procedural
Safeguards notice.
The following procedures shall be followed for independent evaluations:
1. A written request for an independent education evaluation must be filed by the parents/ caregivers.
The request shall include the type of evaluation sought and the name and contact information of the
proposed evaluator.
2. The District will respond by either approving the request or initiating an impartial hearing within thirty
calendar days of receipt of the request. If the hearing officer determines that the District’s evaluation
was appropriate, a parent/ caregiver is not entitled to reimbursement at public expense.
3. If the request is approved, the parent/ caregiver remains responsible for arranging the necessary
appointments and transportation for the independent evaluation.
The following criteria will be applied to requests for reimbursement for independent evaluations:






The qualifications of the evaluator and the location of the evaluation shall be the same as
the criteria that the District uses when it initiates an evaluation;
Psychologists must be licensed by the State of New York as clinical psychologists or certified
as school psychologists. If certified as a school psychologist, the evaluator must conduct the
evaluation in a school setting;
Other evaluators must be appropriately state certified or licensed in the area of their
specialty, must have experience in the area of their specialty and must have experience with
students of a similar age;
The evaluation must take place within 150 miles of the District Office;
The tests performed must be norm referenced for individual evaluation appropriate for the
age and educational level of the student, and measure the same cognitive, motor, and
affective skills as District tests;
Reimbursement will not be in excess of the reasonable cost of such evaluation,less the
portion of such costs paid through insurance or Medicaid payments. Inthe absence of
unusual circumstances costs will be deemed reasonable andallowable in accordance with
the following fee schedule:
Psychological/Educational Evaluation
$1,500.00
Neurological Evaluation
$1,500.00
Speech/Language Evaluation
$ 160.00
Occupational Therapy Evaluation
$ 200.00
Physical Therapy Evaluation
$ 160.00
Psychiatric Evaluation
$1,000.00
Neuropsychological Evaluation
$1,500.00
Audiological Evaluation
$ 170.00
Central Auditory Processing Evaluation
$ 600.00
Assistive Technology Evaluation
$ 250.00
A list of approved evaluators is available from the Office of Special Education.
Policy: 4321.4
Presented: July 22, 2008
Adopted: Adopted August 26, 2008
4321.5 - CONFIDENTIALITY AND ACCESS TO INDIVIDUALIZED
EDUCATION PROGRAMS, INDIVIDUALIZED EDUCATION SERVICE
PROGRAMS AND SERVICE PLANS
Personally identifiable data, information or records pertaining to 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
(CSE) or committee on preschool special education (CPSE) to any person other than the parent or
caregiver of such student, unless otherwise provided by law or regulation.
All members of the CSE or CPSE Who are not district employees must sign a confidentiality statement
indicating that they understand the confidential nature of any personally identifiable data, information
or records revealed or prepared at the CSE or CPSE meetings. All district employees who have access to
any student‘s IEP or other personally identifiable data, information or records pertaining to a student
with a disability during the course of their employment will sign a confidentiality statement at the
beginning of their employment with the District or upon receiving such confidential information.
Notwithstanding the above prohibition on the unauthorized disclosure of personally identifiable data,
the Commissioner’s regulations require all persons with responsibility for implementing a student’s
Individualized Education Program (IEP), Individualized Education Service Program (IESP) or Service Plan
(SP) to be informed of those responsibilities and receive a copy of the IEP, IESP or SP prior to
implementation. The purpose of this policy is to establish procedures to ensure that any person who is
responsible to provide a service, accommodation or program modification for a student with an IEP, IESP
or SP is infonned of his or herresponsibilities under the IEP and receives or has access to a copy of the
student’s IEP, IESP orSP.
IEP, IESP or SP Copies
The principal shall oversee the process that ensures that paper or electronic copies of each student’s
IEP, IESP or SP is provided to each regular education teacher, special education teacher, related service
provider and/or other service provider who is responsible for implementing the IEP, IESP or SP. These
individuals responsible for implementing an IEP, IESP or SP shall, in tum, ensure that all
paraprofessionals and other providers responsible forassisting in implementation are given the
opportunity to review their copy of the IEP, IESP or SP prior to program implementation as well as have
ongoing access to such copy.
All copies of a student’s IEP, IESP or SP provided or made accessible under this policy must remain
confidential and shall not be redisclosed to any other person, except in accordance with the IDEA and
the Family Educational Rights and Privacy Act (FERPA). All IEP’s must remain in a secure location on
school grounds at all times and/or electronic IEP copies must be password protected. Notification of
Responsibilities
The principal shall also designate one or more professional employees of the district with knowledge of
the student’s disability and program to infonn each regular education teacher, special education
teacher, related service provider, other service provider, paraprofessional, and other provider and
support staff person of his or her responsibility to provide specific accommodations, program
modifications, supports and/or services for the student in accordance with the IEP, IESP or SP.
References: The Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1400 et seq.
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
NY Education Law § 4402(7)
8 NYCRR §§ 200.2(b)(11); 200.4(e)(3); 200.16(e)(6)
Policy: 4321.5
Presented: July 22, 2008
Revised: August 20, 2008
Adopted: August 26, 2008
4321.6 - AVAILABILITY OF ALTERNATIVE FORMAT INSTRUCTIONAL
MATERIALS FOR STUDENTS WITH DISABILITIES
The Board of Education acknowledges that a student who needs an accommodation to instructional
materials because of his or her disability must be provided with such materials in the altemative format
needed by the student. For the purposes of this policy, alternative format shall mean 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 captioned, audio or an electronic file. An electronic
file must be compatible with at least one alternative format conversion software program.
The Superintendent shall develop a plan to ensure the availability of altemative format materials in
accordance with the timeliness requirements of this policy. The plan shall:
1. Include an amendment to the district’s procurement policy to ensure that the district give a
preference in the purchase of instructional materials it has selected for its students to those vendors
who agree to provide such materials in alternative formats:
2. Specify, if an electronic file is provided, how students will access the format and/or how the district
will convert the electronic file to an accessible format;
3. Specify the process to be used when ordering materials to identify the needs of students with
disabilities residing in the district for instructional materials in alternative formats;
4. Specify ordering timelines to ensure that disabled students’ instructional materials in the needed
altemative formats are available at the same time as regular format materials are provided to other
students; and
5. Include procedures so that when students with disabilities move into the school district during the
school year, the process to obtain needed materials in altemative formats for such students is initiated
Without delay.
This plan shall be incorporated by reference into the District Plan of Service (required under Article 89 of
the New York State Education Law and implementing regulations).
References: Individuals with Disabilities Education Act (IDEA), 20 USC § 1474(e)(3)(B)
NY Education Law § 2503(7-a)
8 NYCRR § 200.2(b)(10)
Policy: 4321.6
Presented: May 13, 2008
Adopted: May 27, 2008
4321.7 - DISTRICT-WIDE AND STATE-WIDE ASSESSMENTS OF
STUDENTS WITH DISABILITIES AND 504 PLANS
The Board of Education acknowledges that the Individuals with Disabilities Education Improvement Act
of 2004 (IDEA) and Article 89 of the New York State Education Law require that all students with
disabilities and 504 plans be included in all general State and district-wideassessment programs,
including assessments required under No Child Left Behind (NCLB), with appropriate accommodations
and altemative assessments where necessary and as indicated in their respective Individualized
Education Programs (IEP).
In accordance with law and regulations, the Board will ensure that students with disabilities and 504
plans are provided appropriate testing accommodations and, to the extent feasible, use universal design
principles in developing and administering tests.
Testing Accommodations
The purpose of testing accommodations is to enable students with disabilities to participate in
assessment programs on an equal basis with their nondisabled peers; to provide an opportunity for
students with disabilities to demonstrate mastery of skills and attainment of knowledge without being
limited or unfairly restricted due to the effects of a disability; and to promote the access of students
with disabilities to assessment programs as well as to more challenging courses and programs.
Testing accommodations are changes made in the administration of a test in order to remove obstacles
to the test-taking process that are presented by the disability without changing the constructs being
tested. Testing accommodations may include:

flexibility in scheduling/timing;

flexibility in the setting used for the administration of assessments;

changes in the method of presentation; and

changes in the method of response.
Testing accommodations may not alter the construct being measured or invalidate the results, provide
an unfair advantage for students with disabilities over students taking the test under standard
conditions or substitute for knowledge or abilities that the student has not attained. Examples of
impermissible testing modifications are:

simplification or explanation of test questions;

reading of items designed to test the student’s reading skills;

use of spell and/or grammar-checking devices on a test of the student’s writing skills; and

use of a calculator on a test of the student’s computational skills.
The Committee on Special Education (CSE) or Committee on Preschool Education (CPSE), as appropriate,
is responsible for identifying any accommodations that are necessary to measure the academic
achievement and functional performance of the student on state-wide and district-wide assessments
and for documenting the necessary accommodations on the student’s IEP. If the CSE determines that
the student is not able to participate in certain assessments, the IEP must indicate why the
assessment(s) is not appropriate for the student and why the alternate assessment selected is
appropriate. The IEP must also indicate participation in district-wide assessments and indicate, if the
student will participate in alternative assessment, why the district-wide altemative assessment is
appropriate for the student.
For students who have been declassified, the CSE/CPSE may determine that the student continues to
need the testing accommodations previously documented in the IEP. If such a determination is made by
the CSE/CPSE and documented in the IEP that recommends declassification, the testing
accommodations must continue to be consistently provided to the student for the remainder of his or
her public high school education unless it is revised or eliminated by a building level team; or the
student achieves a regular high school diploma; or the student ages out at 21 years old.
For students identified as having a disability under Section 504 of the Rehabilitation Act,the 504
Multidisciplinary Team must determine the appropriate testing accommodations for individual students.
Documentation of testing accommodations must be included on the student’s Section 504
Accommodation plan.
For general education students who incur a short-term disability, such as a broken arm, or long-term
disability within 30 days before the administration of State assessment, and sufficient time is not
available for the development of an IEP/504 Plan, the building principal may, based on his or her
professional judgment, authorize the following testing accommodations:

extension of time limits;

administration of tests in a special location;
recording answers in an altemative manner (when answering questions designed to measure
writing ability in English or a second language, students must provide all punctuation, paragraphing and
spelling of more difficult words);

reading tests to students (allowed only for those students whose vision is impaired and only
those tests or parts of tests that do not measure reading comprehension).

Any testing accommodations so authorized by the principal must be reported to the Office of State
Assessment. Students who have not recently incurred a disability but are still in the process of being
evaluated to determine their status as a student with a disability are not eligible for principal-authorized
test accommodations.
Universal Design Principles in District-Wide Assessments
The Board recognizes the benefits of using the principles of universal design to further the goal of
ensuring equal access to district-wide assessments and to ensure the most accurate measure of the
perfomqance of all students. Universal design means that assessments are designed and developed
from the beginning to be accessible and valid for the widest range of students, including students with
disabilities.
The Board directs the Superintendent, in consultation with appropriate school staff, to examine how
universal design principles can be incorporated into the district’s assessment program, and to facilitate
its use to the extent feasible. To do so, the Superintendent will examine, at minimum, how district
assessments can be:

made more usable by students with diverse abilities;

designed to better accommodate a wide range of individual preferences andabilities;

made more understandable;

made to communicate necessary information to students more effectively; and

designed to minimize adverse consequences of accidental or unintended actions.
Any steps taken by the Superintendent in this regard will be consistent with this policy and applicable
State Education Department policy and/or guidance on the use of universal design principles.
References: Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1401(35);1412(a)(16)(E)
34 CFR § 300.44
Assistive Technology Act, 29 USC 3002(19)
8 NYCRR §§ 200.1(jjj); 200.2(b)(13), (14); 200.4(d)(2)(vi)
Policy: 4321.7
Presented: May 27, 2008
Adopted: June 10, 2008
4231.8 IMPARTIAL HEARING OFFICER APPOINTMENT AND
COMPENSATION
The Board of Education will appoint impartial hearing officers (IHO), as needed, to hear complaints
regarding the identification, evaluation, or placement of students with disabilities, or the provision of a
flee appropriate public education to such a student in accordance with the rotational selection process
and other applicable procedures described in Commissioner’s regulations.
Selection
The updated list of certified IHOs for this county promulgated by the New York State Education
Department will be used in connection with requests for impartial hearings. The list shall also include
the names of those other certified IHOs whose names appear on the state list and who have indicated to
the district their interest in serving as an IHO in the district.
Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall be
initiated immediately and always within two (2) business days after receipt by the district of such
written request. Should an IHO decline appointment, or if within 24 hours the IHO fails to respond or is
unreachable after reasonable efforts by the Special Education Office of ICSD, such efforts will be
documented through independently verifiable efforts. The districtrepresentative shall then proceed
through the list to determine availability of the next successive IHO.
The Special Education Office, under the direction of the Board President, shall initiate the selection
process by contacting the impartial hearing officer whose name first appears after the impartial hearing
officer who last served. The Special Education Office shall canvass the list in alphabetical order as
prescribed by the Regulations of the Commissioner of Education until an appointment is accepted.
An IHO on the district’s rotational list may not accept appointment unless he or she is available to:
1. Make a determination on the sufficiency of the due process complaint that will be heard at the
hearing within five days of receiving such a request; and
2. Initiate the hearing within the first l4 days afier either:
The date on which he or she receives written notice that the parents and the district waived
their right to hold a resolution meeting to resolve their differences prior to commencement of the
hearing, or met but were unable to reach agreement; or

The expiration of the 30-day period beginning with the receipt of the due process complaint,
whichever occurs first.

Appointment
The Board’s designee, or in his or her absence or inability the Board President, will appoint an IHO
immediately afler the IHO selected from the rotational list indicates he or is available.
The Board will rescind the appointment of an IHO and appoint a new one if, the parties to the hearing
mutually agree that the IHO is either incapacitated or otherwise unavailable or unwilling to continue the
hearing or issue a decision. The appointment of a new IHO in such an instance will be made in
accordance with the selection and appointment procedures established by this policy.
Compensation
The district shall compensate an impartial hearing officer for his or her services at the State-mandated
rate per hour for pre-hearing, hearing, and post-hearing activities. In addition, impartial hearing officers
may be reimbursed for reasonable, actual and necessary expenses for automobile travel, meals and
overnight lodging in accordance with the current district reimbursement rates. Mailing costs associated
with the hearing will also be reimbursed. TheDistrict will not reimburse impartial hearing officers for
administrative assistance, secretarial or other overhead expenses.
Cancellation
The district shall attempt to provide an Impartial Hearing Officer with two (2) business days’ advance
notice of the cancellation or re-scheduling of an impartial hearing. Should the district request the
cancellation or re-scheduling of a hearing date and fail to provide an Impartial Hearing Officer with two
(2) days notice, the district agrees to pay the Impartial Hearing Officer a fee equivalent to 1 hour at the
State-mandated rate. The district shall not be responsible for costs associated with a parent or
caregiver’s cancellation or adjournment of a hearing.
A copy of this policy will be forwarded to the impartial hearing officer at the time of appointment.
Records relating to the IHO process including, but not limited to, the request for initiation and
completion of each impartial hearing will be maintained by the district and such information will be
reported to the Office of Vocational and Educational Services for Individuals with Disabilities of SED as
required by Commissioner’s regulations.
Ref:
8 NYCRR §§200.2; 200.5; 200.21
Adopted: October 11, 2011
4321.9 DECLASSIFICATION OF STUDENTS WITH DISABILITIES
The Committee on Special Education (CSE), the CSE subcommittee, or the Committee on Preschool
Special Education (CPSE), as applicable, is responsible for determining when a student with a disability
should be declassified. Prior to making this determination, the CSE, the CSE subcommittee, or the CPSE
must evaluate the student with a disability and provide a copy of the evaluation report and the
documentation of eligibility to the student’s parent/caregiver.The results of any reevaluations must be
addressed by the CSE in a meeting to review and, as appropriate, revise the student’s IEP.
The District is not required to conduct a reevaluation of a student before the termination of a student’s
eligibility due to graduation with a local high school or Regents diploma or exceeding the age eligibility
for a free appropriate public education. However, the District will provide the student with a summary
of his or her academic achievement and functional performance that also includes recommendations on
how to assist the student in meeting his or her post-secondary goals.
In order to provide an opportunity for a student to succeed in the transition to the regular education
program, the CSE or the CPSE may offer declassification support services for a period of time not to
exceed one year. Declassification support services means those services provided by persons
appropriately certified pursuant to Part 80 of Commissioner’s Regulations, or who hold a valid teaching
license in the appropriate area of service, to a student or the student’s teacher to aid in the student’s
move from special education to full-time regular education, including:
1. For the student, psychological services, social work services, speech and language improvement
services, non-career counseling, and other appropriate support services.
2. For the student’s teacher, the assistance of a teacher aide or a teaching assistant, and consultation
with appropriate personnel.
References: 8 NYCRR §§ 100.1(q); 200.2(b)(8); 200.4(b)(4-6), (c)(3)
Policy: 4321.9
Presented: March 25, 2008
Adopted: April 8, 2008