Adoption Date: 7/19/1994, Revised: 6/20/2000; 4/4/06; 9/18/07; 4/26/16
7000 - STUDENTS
STUDENTS WITH DISABILITIES
7613 THE ROLE OF THE BOARD OF EDUCATION IN IMPLEMENTING A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM
The
Board of Education shall establish at least one Committee on Special
Education and one Committee on Preschool Special Education. The Board
shall also establish, as necessary, Subcommittees on Special Education
to ensure timely evaluation and placement of students with disabilities.
Committee on Special Education
The Board of Education shall, 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 shall
notify the parent/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 shall provide a recommendation to the
Board which shall arrange for the appropriate special education programs
and services to be provided within sixty (60) school days of the date
of receipt of consent to evaluate. For a student with a disability
referred for review, a recommendation shall be provided to the Board
which shall arrange for the appropriate special education programs and
services to be provided within sixty (60) school days of the referral
for review. However, if such recommendation of the CSE is for placement
in an approved in-state or out-of-state private school, the Board shall
arrange for such special education programs and services for students
with disabilities within thirty (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 of Education disagrees with such
recommendation, the Board shall 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 such objections or concerns. The CSE
shall 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 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 such 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 such objections or concerns. The second CSE shall
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.
Pursuant to Commissioner's Regulations, the Board may not
select the recommendation of the original CSE once it has established a
second CSE.
The Board shall provide the student's
parents/guardians with written notice and a copy of the statement of its
objections or concerns and notice of due process rights in accordance
with Section 200.5 of the Regulations of the Commissioner.
Committee on Preschool Special Education
Upon
receipt of the recommendation of the Committee on Preschool Special
Education (CPSE), the Board of Education shall arrange for the preschool
student with a disability to receive such 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
such services are recommended by the CPSE less than thirty (30) school
days prior to, or after, the appropriate starting date selected for the
preschool student with a disability; in that case, such services shall
be provided no later than thirty (30) days from the recommendation of
the CPSE.
If the Board disagrees with the recommendation of the
CPSE, the Board shall 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 of
Education shall provide such 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 and the CSE will be responsible for the oversight and monitoring of
the activities of each subcommittee to assure 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
shall 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 shall 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.
Policy References:
Education Law Sections 4402 and 44108 New York Code of Rules and
Regulations(NYCRR) Sections 200.2(d)(1), 200.4(c),200.4(d), 200.5 and
200.16(e)
Policy Cross References:
» 7631 - APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION MEMBERS
» 7632 - APPOINTMENT AND TRAINING OF COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) MEMBERS