A student may mature and develop skills such that they no longer require the special program, support services, or accommodations offered by an Individualized Education Program (IEP) or Individualized Education Services Program (IESP). The Committee on Special Education (CSE), the CSE Subcommittee, or the Committee on Preschool Special Education (CPSE), as applicable, is responsible for making this judgment, while adhering to the requirements of federal and state law and regulation.
Reevaluation
Prior to determining that a student is no longer eligible for special education services and should be placed in a full-time general education program, the CSE, CSE subcommittee, or CPSE, as applicable, will conduct a reevaluation of the student in accordance with the process and procedures prescribed for the evaluation and reevaluation of students with disabilities, by applicable law and regulations. However, the CSE, CSE subcommittee, or CPSE members may determine after reviewing existing evaluation data that no additional information is needed to determine the student’s continued eligibility for services.
When a determination is made that no additional data is needed for reviewing a student’s continued eligibility for special education services, the CSE, CSE subcommittee, or CPSE Chairperson, as applicable, will notify the student’s parents of that determination and the reasons for it, and of their right to nonetheless request an assessment. Unless the student’s parents make such a request, the District will not conduct any further assessments.
The District will provide the student’s parents with a copy of the reevaluation report and documentation regarding the eligibility determination.
Consistent with applicable law and regulation, the District will not conduct a reevaluation if the reason why a student is determined to be ineligible for special education services is that they have either:
Graduated with a regular high school or Regents diploma; or
Exceeded the age of eligibility for services.
However, in such an instance the District will provide the student with a summary of their academic achievement and functional performance that also includes recommendations on how to assist the student in meeting his or her postsecondary goals.
Declassification Support Services
The CSE/CPSE may offer educational and support services for a period of time, not to exceed one year. Declassification support services may include:
For the student, psychological services, social work services, speech and language improvement services, non-career counseling, and other appropriate support services.
For the student’s teachers, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.
The CSE/CPSE will ensure that the appropriate teachers and service providers are informed of the need for the transition services, and will specify the nature and duration of those services.
Cross-ref: 4321, Programs for Students with Disabilities under IDEA and NYS Education Law Article 89
Ref: 8 NYCRR 100.1 (q); 200.2 (b)(8), 200.4 (b)(4-6), (c)(3)
Adoption date: September 26, 2016
Amended date: December 4, 2023