The purpose of an initial meeting through the CSE is to determine eligibility for special education programs and services. Evaluations, observations, pre-intervention data, pertinent medical information, social history and anecdotal information is presented and discussed to determine if the student has an educational disability and whether that disability requires a special education program and/or related services for the student to progress in general education. If the student is receiving support through general education that is successful in that the student is making progress, he/she may not need special education services or programs. Regulations require that CSE members must ensure that students have equal access to a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), which is as close to general education without support as possible. Members of CSE identify and discuss the student’s abilities, strengths, interests, preferences and weaknesses and come to a consensus for determination of decisions. These decisions are made based upon needs and goals. The concerns and needs expressed by the parent/guardian must be considered.
A Student With a Disability (SWD) means that, because of mental, physical or emotional reasons, a student has been identified as having a disability and requires special approved services and programs, as per the State Department of Education. In NYS, there are 13 specific disability classifications in education. The terms used in this definition are defined as follows:
A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before the age of 3, that adversely affects a student’s educational performance. Other characteristics often associated with Autism are engagement in repetitive actions and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a student’s educational performance is adversely affected primarily because the student has an emotional disturbance. A student who manifests the characteristics of Autism after age 3 could be diagnosed as having Autism if the criteria in this paragraph are otherwise satisfied.
Means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a student’s educational performance.
Means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.
Means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance:
an inability to learn that cannot be explained by intellectual, sensory or health factors;
an inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
inappropriate types of behavior or feelings under normal circumstances;
a generally pervasive mood of unhappiness or depression; or
a tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance.
Means an impairment in hearing, whether permanent or fluctuating, that adversely affects the child’s educational performance but that is not included under the definition of deafness.
Means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are the result of visual, hearing or motor disabilities, of an intellectual disability, of emotional disturbance, or of environmental, cultural or economic disadvantage.
Means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance.
Means concomitant impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.
Means a severe orthopedic impairment that adversely affects a student’s educational performance. The term includes impairments caused by congenital anomaly (e.g. clubfoot, absence of some member, etc.), impairments caused by disease, and impairments from other causes (e.g. cerebral palsy).
Means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems, including but not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, ADHD, Tourette Syndrome, which adversely affects a student’s educational performance
means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a student’s educational performance.
Means an acquired injury to the brain caused by an external physical force or by certain medical conditions such as a stroke, encephalitis, aneurysm, anoxia or brain tumors with resulting impairments that adversely affect educational performance. The term includes open or closed head injuries or brain injuries from certain medical conditions resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing and speech. The term does not include injuries that are congenital or caused by birth trauma.
Means an impairment in vision that, even with correction, adversely affects a student’s educational performance. The term includes both partial sight and blindness.
Student is determined to have an educational disability and is determined eligible for special education programs/services; IEP is developed at the CSE meeting
Ineligibility due to limited or insufficient instruction in reading or math
Ineligibility due to limited English Proficiency as a determining factor
Ineligibility due to need for further information; reconvene as indicated if needed
Ineligible under the guidelines set by the state and federal regulations; possible MTSS referral for support through general education
Ineligible but referred for a Section 504 Accommodation Plan due to requiring only accommodations and modifications resulting from a limited life activity
The Chairperson works hard to ensure a consensus is reached by eliciting information from the members, asking questions, restating information, suggesting compromises, informing members of regulations, etc. However, there are rare instances where a consensus cannot be reached. In such cases the Chairperson would make the decision. Parents/guardians can disagree with decisions and can request another meeting, mediation or an impartial hearing. The Procedural Safeguards/Due Process Rights outline the required procedures for this process. Parents/guardians can also request in writing an Independent Educational Evaluation (IEE) at District expense. In the letter the parent should note which evaluation(s) they are requesting. This letter should be sent to the Director of Special Services.
We encourage parents to explore the resources available on the NYSED Special Education Website. In particular, the Special Education Dispute Resolution Center is a free resource for parents and districts to utilize in these circumstances.