The information on this page provides answers regarding special education at Pal-Mac, as well as state regulations. Please follow this link to the New York State Education Department Office of Special Education. To read the full set of regulations, please click here.
Special education means specially designed individualized or group instruction or special services or programs to meet the unique needs of students with disabilities. Special education services and programs are provided at no cost to the parent. The Committee on Preschool Education (CPSE) oversees these supports for children between the ages of 3 and 5. The Committee on Special Education (CSE) oversees the needs of school age children until the child attains a High School Diploma or Credential or turns 22; whichever comes first.
The CSE is a group of professionals, parents, and students (when appropriate) who meet to make decisions regarding the special education needs of a student. There are different purposes for meetings; and therefore, different mandated members and responsibilities. CSEs meet for initial determinations, annual reviews, reevaluations, program reviews, manifestation determinations, and/or amendments (with or without a meeting). Decisions made by the CSE are legal mandates and must be followed by all school personnel.
Generally, there are two types of CSE Committees. One is called a CSE while the other is called a CSE Subcommittee.
“Full” CSE meetings are required for CPSE meetings, initial referral meetings, a meeting that is considering a special class program or out of district placement for the first time, and/or if requested by the parent/guardian or team.
CSE Subcommittees may be held for reasons such as annual reviews, re-evaluations, or requested reviews.
Additional meetings may include Manifestation Determinations and Amendment, No Meeting.
Regardless of the type of meeting, parents and staff will be given notice in advance of the meeting. Meetings may be held in person or virtually. If you have any questions about the meeting times or locations, please contact our office.
The CPSE is the conduit to special education programs and services that the county provides to eligible children between the ages of 3-5 years old. Any child residing in the district, and suspected of having a developmental delay, can be referred to CPSE. CPSE will arrange a comprehensive evaluation and appropriate services for children upon approval. There is no cost to the family.
Initial Eligibility Determination:
The purpose of the initial CSE meeting is to review all assessment data/reports and determine eligibility. If eligible, the team goes on to address all areas of the Individual Education Plan (IEP).
Annual Review:
Once a student has been found to be eligible for special education and/or related services, a review of the IEP shall be held annually.
When reviewing a student’s progress at the annual review, the CSE team must consider the following when determining whether changes are needed in the student’s program:
Any insufficient progress toward the student’s annual IEP goals and in the general education curriculum, where appropriate.
The results of any reevaluation.
Information about the child provided to, or by, the parents.
The child’s anticipated needs.
Any other relevant matters brought forth by any/all members of the committee.
Reevaluation:
A reevaluation of the student shall be conducted at least once every three years or more frequently if conditions warrant a reevaluation, or if the student's parent or teacher requests a reevaluation and a new individualized education program is to be developed. If the reevaluation so indicates, a new individualized education program shall be developed.
As part of any reevaluation, the individualized education program team and other qualified professionals, as appropriate, shall do the following:
Review existing assessment data on the student, including assessments and information provided by the parents of the student, current classroom-based assessments and observations, and teacher and related services providers' observations.
On the basis of this review and input from the student's parents, identify what additional data, if any, is needed to determine:
Whether the student continues to have a disability.
The present levels of performance and educational needs of the student.
Whether the student continues to need special education and related services.
Whether any additions or modifications to the special education, related services and supplemental aids and services are needed to enable the student to meet the measurable annual goals set out in the individualized education program of the student and to participate, as appropriate, in the general curriculum.
If the CSE team and other qualified professionals, as appropriate, agree no additional data is needed to determine whether the student continues to be an individual with needs, the District shall provide prior written notice to the student's parents of that determination and the reasons for it, and the right of the parents to request an assessment to determine whether the student continues to be an individual with needs; however, the District shall not be required to conduct an assessment unless requested by the student's parents.
No reevaluation shall be conducted unless the written consent of the parent is obtained prior to reevaluation except when the District has taken reasonable measures to obtain consent and the parent has not responded.
The Regulations require the District have a record of its attempts to request consent for reevaluation in meeting the reasonable measure requirement. At the least, three attempts must be made to contact the parent by note, telephone, home visit, and/or by mail. All attempts must be documented.
Program/Requested Review:
A CSE meeting shall be held at least annually, and more frequently if requested by the parents or a member of the CSE team. The CSE review meeting must be held within 30 days of the request for the meeting. The purpose of a requested review shall be to discuss additions and/or revisions to the IEP that are necessary to provide a Free and Appropriate Public Education (FAPE) for the student. For a requested review meeting, only those CSE team members whose services are being discussed are required to attend.
Manifestation Determination:
Students with disabilities who violate a code of conduct may be removed from their current placement to another setting or suspension for not more than 10 days, so long as the same change in placement would be made in the case of a non-disabled student. In other words, special education students may be disciplined in the same manner as general education students for up to 10 days. It is important to carefully track days of removal for special education students during this 10 day period because special education student discipline protections and procedures must be followed for removals immediately starting on the 11th day of removal.
A “manifestation determination” means the evaluation of the relationship between a student’s disability and the behavior subject to disciplinary action. The manifestation determination shall be made immediately if possible, but no later than 10 school days after the decision to take serious disciplinary actions like suspension or expulsion.
The manifestation determination review is conducted by the district, parents, and relevant members of the CSE (as determined by the district and parent). This review does not have to be conducted by the full CSE. The individuals involved in making the manifestation determination are charged with reviewing all relevant information in the student’s file, including the IEP. any teacher observations and any other relevant information provided by the parent. The purpose of the review is to determine the following:
If the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability, or
If the conduct in question was the direct result of the district’s failure to implement the IEP.
The suspension/expulsion shall not go forward if the answer to #1 or #2 is affirmative.
Only if the district concludes, after performing a manifestation determination review, that the misconduct was unrelated to the student’s disability, can it impose the proposed disciplinary sanction (except for removals due to special circumstances, i.e. weapons, drugs or infliction of serious bodily injury which can be made without regard to whether the behavior is a manifestation of the disability). If a district seeks to change a student’s placement after the manifestation determination meeting is held, the district must convene a CSE meeting to determine appropriate placement.
Amendment No Meeting:
Communication between school staff with families to discuss an updated need for the student. If the family agrees with the minor IEP changes then written documentation is provided by CSE and is signed off on by the family and a meeting is not required.
CSE (also referred to as a Full Committee) members include:
Parent(s)/guardian(s)
Student, if appropriate
Chairperson
General Education Teacher, if the student participates in general education
Special Education Teacher
School Psychologist
Other people having specific knowledge of the student such as school counselor, related service provider, etc., if indicated
School Physician (upon request)
Parent Representative (upon parent/guardian request)
Other people that have knowledge or special expertise regarding the student, including related service providers as appropriate (requested by school district or parent)
CSE Subcommittee members include:
Parent(s)/guardian(s)
Student, if appropriate
Chairperson
General Education Teacher, if the student participates in general education
Special Education Teacher
School Psychologist, for specific circumstances
Other people having specific knowledge of the student such as school counselor, related service provider, etc., if indicated
School Psychologists are required at meetings when reviewing evaluations and/or are considering a more restrictive program with a smaller student to teacher ratio.
Chairperson:
The chairperson presides over the meeting ensuring participation of all members of the CSE. The chairperson is responsible for following the guidelines set forth for CSE by federal and state government regulations.
Parent/Guardian (and Student):
The parent/guardian and student are integral members of the CSE. The parent/guardian provides information, expresses concerns, reports needs and goals of and for their child. The parent/guardian can request CSE meetings and/or mediation or an impartial hearing if necessary. It is imperative that the student attend meetings when appropriate; particularly at the secondary level. The student supplies the committee with ongoing information of his/her success and needs from special education so he/she can participate in general education.
General Education Teacher:
At least one general education teacher that teaches the student is required to attend and participate in the CSE meeting. The input of the general education teacher is invaluable at the meeting as it helps in making sound recommendations for the student so that supports can be put in place for the student to progress in the general education curriculum.
Special Education Teacher:
At least one special education teacher is required to attend the CSE meeting. This teacher(s) will provide specific information regarding present levels of student performance, student strengths and areas in need of improvement, need for accommodations and modifications. He/she collaborates in the development of the IEP.
School Psychologist:
The school psychologist provides evaluation, observational and assessment information to the CSE. He/she will address the cognitive, emotional, and behavioral abilities, strengths, weaknesses and needs of the student. The school psychologist will also interpret evaluations and reports to/by committee members for consideration at the meeting.
Parent Member:
The parent member is a parent in the district of a student with a disability. The role of the parent member is to provide support to the parent at the meeting. Parents can request in writing that the parent member attend the CSE meeting. The Board of Education appoints parent members every year to serve in this volunteer capacity.
Additional Members:
Additional members may attend CSE meetings. School counselors often and should attend CSE meetings to provide input specific to graduation requirements, course/schedule selections and transition plans and activities for secondary students. Professionals who provide related services and/or have evaluated the student may also attend. Medical personnel may attend when appropriate. The parent/guardian may invite people of their choosing to attend CSE meetings. If the parent/guardian is bringing an attorney then the district must be notified in advance as they will determine if the district’s attorney should also be present.
If the parent/guardian’s native language is not English, someone will attend the meeting to interpret; however, this person is not a member of the Committee.
Specially designed instruction (SDI) is defined by IDEA as “adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.” 34 CFR §300.39(b)(3).
SDI details adaptations in instructional methods, materials, and assessments in order to access grade-level content aligned to New York State Learning Standards. SDI describes adjustments to teaching techniques, instructional / assistive technology tools, and physical setting. This includes the customization of intensity, duration, and frequency of interventions and instruction. SDI provides the opportunity for teachers to approach instruction with a positive mindset of “how can I” best adapt and deliver instructional content according to the unique needs that result from a student’s disability, in order to support their progress towards meeting the general education standards in the grade in which they are enrolled.
In New York State, students with disabilities and their families are afforded specific rights under the law. Those rights can be found in the Procedural Safeguards notice.