2020                                      7613

Students

 

SUBJECT:    THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT’S INDIVIDUALIZED EDUCATION PROGRAM

The Board will establish at least one Committee on Special Education (CSE) and one Committee on Preschool Special Education (CPSE). The Board will also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities.

Committee on Special Education

The Board will, upon completion of its review of the recommendations of the CSE, arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board will also notify the parent or guardian of its action in accordance with federal and state law and regulations.

For a student not previously identified as having a disability, the CSE will provide a recommendation to the Board which will arrange for the appropriate special education programs and services to be provided within 60 school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation will be provided to the Board which will arrange for the appropriate special education programs and services to be provided within 60 school days of the referral for review. However, if the recommendation of the CSE is for placement in an approved in-state or out-of-state private school, the Board will arrange for special education programs and services for students with disabilities within 30 school days of the Board’s receipt of the recommendation of the CSE.

If on review of the recommendation of the CSE, the Board disagrees with the recommendation, the Board will follow one of the following procedures:

a) The Board may remand the recommendation to the CSE with a statement of the Board’s objections or concerns and a request that a timely meeting be held to review and consider the objections or concerns. The CSE will consider the Board’s objections or concerns, revise the individualized education program (IEP) where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student’s IEP within the timelines as outlined above; or, in the alternative,

b) The Board may establish a second CSE to develop a new recommendation for the student. If the Board disagrees with the new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board’s objections or concerns and a request that a timely meeting be held to review and consider the objections or concerns. The second CSE will consider the Board’s objections or concerns, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the second CSE, the Board may continue to remand the recommendation for additional reviews of its objections or concerns by the second CSE, provided that the Board arranges for the programs and services in accordance with the student’s IEP, as developed by the second CSE, within the timelines as outlined above.

In accordance with Commissioner’s regulations, the Board may not select the recommendation of the original CSE once it has established a second CSE.

The Board will provide the student’s parents or guardians with written notice and a copy of the statement of its objections or concerns and notice of due process rights in accordance with Commissioner’s regulations.

Committee on Preschool Special Education

Upon receipt of the recommendation of the CPSE, the Board will arrange for the preschool student with a disability to receive appropriate programs and services in accordance with the student’s IEP, commencing with the July, September, or January starting date for the approved program, unless the services are recommended by the CPSE less than 30 school days prior to, or after, the appropriate starting date selected for the preschool student with a disability; in that case, services will be provided no later than 30 days from the recommendation of the CPSE.

If the Board disagrees with the recommendation of the CPSE, the Board will send the recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board’s concerns and to revise the IEP as deemed appropriate. The Board will provide notice as required by federal and state law and regulations.

Subcommittee on Special Education

The number of Subcommittees on Special Education will be determined by the CSE which will be responsible for the oversight and monitoring of the activities of each subcommittee to ensure compliance with the requirements of applicable state and federal laws and regulations.

Each subcommittee may perform the functions for which the CSE is responsible, except:

a) When a student is considered for initial placement in a special class; or

b) When a student is considered for initial placement in a special class outside of the student’s school of attendance; or

c) When a student is considered for placements in a school primarily serving students with disabilities or a school outside the District.

Subcommittees will report annually to the CSE regarding the status of each student with a disability within its jurisdiction. Upon receipt of a written request from the parent or person in parental relation to a student, the Subcommittee will refer to the CSE any matter in which the parent disagrees with the Subcommittee’s recommendation concerning a modification or change in the identification, evaluation, educational placement, or provision of a free appropriate education to the student.

 

• Education Law §§ 4402 and 4410
• 8 NYCRR §§ 200.2(d)(1), 200.4(c), 200.4(d), 200.5, and 200.16(e)

NOTE:      Refer also to Policy

• #7630 — Committee on Special Education (CSE)/Committee on
• Preschool Special Education (CPSE)

Adopted:  8/24/11
Revised:  9/22/20