Committee on Special Education (CSE) and Subcommittee on Special Education

The Committee on Special Education (CSE) is a multidisciplinary team mandated by the Commissioner’s Regulations Part 200. The responsibilities of the CSE include:

• The determination of whether a student is eligible for special education services or programs;
• The determination of the educational needs of the students relative to the student’s academic achievement, learning characteristics, social/emotional development, physical development and the management needs in the classroom;
• The anonymous recommendation to the Board of Education of the special education services and/or programs based on the stated needs of the student with a disability.

The CSE shall review the progress each student with a disability, at least annually, to ensure the student is appropriately placed in an education program with access to the general education curriculum in the least restrictive environment.

Committee on Special Education (CSE) Membership
The Board of Education annually appoints a Committee on Special Education (CSE) whose membership includes, but is not limited to the following members.

• Parents/guardians of the student
• At least one regular education teacher of such student (if the student is, or may be, participating in the regular education environment)
• At least one special education teacher or one special education provider (i.e., related service provider) of the student
• A representative of the District who is qualified to provide/administer/supervise special education and who is knowledgeable about the general curriculum and the availability of resources of the District
• An individual who can interpret the instructional implications of evaluation results; may be a CSE member selected from the regular education teacher, the special education teacher or provider, the school psychologist, or the District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District
• At the discretion of the parents/guardians or the District, other individuals who have knowledge or special expertise regarding the student, including related services personnel
• When appropriate, the student with a disability
• School psychologist
• School physician (if requested in writing by the parents/guardians or District at least 72 hours prior to the meeting)

Subcommittee on Special Education Membership
The membership of each subcommittee includes but is not limited to, the following members:

• Parents/guardians of the student.
• At least one regular education teacher of such student (if the student is, or may be, participating in the regular education environment).
• At least one special education teacher or one special education provider (i.e., related service provider) of the student.
• Representative of the District who is qualified to provide/administer/supervise special education and who is knowledgeable about the general curriculum and the availability of District resources.
• School psychologist (whenever a new psychological evaluation is reviewed or whenever a change to a program option with a more intensive staff/student ration is considered as set forth in §200.6(f)(4) of the Regulations of the Commissioner).
• At the discretion of the parents/guardians or the CSE, other individuals who have knowledge or special expertise regarding the student, including related services personnel.
• An individual who can interpret the instructional implications of evaluation results (as described in the previous subheading).
• When appropriate, the student with a disability.

The CSE conducts initial referrals, program reviews, and reevaluations on a yearly basis. Additionally, every student with an Individualized Education Program (IEP) must have an annual meeting to review their progress and to determine appropriate placement for the following school year. Pursuant to the regulations of the Commissioner of Education, the CSE makes recommendations to the Board of education on the needs of students who qualify for special education services.

CSE Membership:
The required members of the CSE include:

• the student’s parent/legal guardian (s)
• the student, if appropriate
• general education teacher
• special education teacher
• school psychologist
• CSE chairperson (district representative)
• parent member, if requested
• district nurse practitioner, if requested and when appropriate
• others with knowledge/expertise about the student

CSE PROCESS
Pre-referral interventions: Generally, when a student is experiencing academic or social difficulties in school, the child’s teacher will refer the student for Academic Intervention Services (AIS). These services include support for reading, mathematics, science and social studies.

Students with mild speech and language problems may be provided with building level speech improvement services. Similarly, students with mild occupational or physical therapy needs are provided a screening with recommendations by the therapist. These students are generally not classified as disabled.

In accordance with the IDEA and Part 200 of the Commissioner’s Regulations, the district must develop a policy and implement a plan to establish pre-referral interventions to assist a student’s educational progress before consideration of referral to the Committee on Special Education (CSE). In keeping with this policy, it is the responsibility of the schools’ principal and building level teams to investigate all possible avenues of general education support services that would enable the student to achieve the learning standards. Such services may include, but are not limited to, Academic Intervention Services and Educationally Related Support Services. These services must be afforded to all students who do not meet the minimum designated standards on State assessments, and to students who are English Language Learners (ELL) who do not achieve the annual performance standards. All school-wide approaches to provide remediation activities for students who are at risk of not meeting State standards or in danger of not meeting graduation requirements will be considered prior to making referrals to the CSE.

These pre-referral interventions will not be utilized as a barrier to prevent appropriate referrals for special education services but shall be used to assess the ability of the student to benefit from general education services.

Referral: A student suspected of having a disability will be referred in writing to the CSE chairperson or the school principal. A referral may be made by the student’s parent/legal guardian, a building principal, the Commissioner, a physician, judicial officer, a professional staff member of a public agency with responsibility for welfare, health or education of children, or student who is 18 years of age or older, or an emancipated minor.

The referral should indicate the reasons the student is suspected of having a disability; the intervention services, programs or methodologies used to remediate the student’s performance prior to referral; or the reasons why no such attempts were made, and description of the extent of prior parent contact.

Upon receiving a request for referral, within 10 days, the following must occur:

• Request parent consent to initiate evaluation; OR
• Provide the parent with a copy of the request for referral; AND
• Inform the parent of his/her right to refer the child for an initial evaluation; AND
• Offer the parent the opportunity to meet to discuss the request for referral and, as appropriate, the availability of appropriate general education support services.

Referral Withdrawal: The principal may request a meeting with the parent/legal guardian, student if appropriate, and referring staff member to determine whether the student would benefit from additional education support services as an alternative to special education. This meeting must occur within 10 school days upon receipt of the referral. If it is agreed upon that alternative interventions need to be provided, with data collection and progress review, then a withdrawal of the referral may be requested in writing.

Evaluation: An individual evaluation will be conducted by the CSE. The evaluation must include:

• A social history, which is a report of information about the student, the student’s family and environment that may be influencing performance in school.
• A psychological evaluation, which assesses such areas as development, organization, memory, learning and other personality characteristics.
• A functional behavior assessment will be included if a student displays behaviors that are interfering with the learning process.
• An educational assessment of the student’s academic achievement.
• A physical examination to assess any physical or medical factors that may be influencing performance in school or you may submit an exam from your family physician.
• An observation of the student in the student’s learning environment, or if out of school, an age-appropriate environment.
• If needed, a speech and language evaluation to assess the student’s ability to understand and use language.
• If needed, an assessment of motor abilities that may be influencing performance in school.

Recommendation: The CSE makes the recommendation on whether or not the student has a disability that impedes their academic progress after reviewing the evaluations, prior interventions, teacher reports, and parental statements. A student can be identified due to mental, physical, or emotional needs as having one of the following 13 educational disability classifications:

• Autism
• Deafness
• Deaf-Blindness
• Emotional Disturbance
• Hearing Impaired
• Learning Disabled
• Intellectually Disabled
• Multiple Disabilities
• Orthopedic Impairment
• Other Health Impairment
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual impairment

IEP Development: Prior to developing a recommendation to the Board of Education for special education services, the CSE must ensure that the student is receiving general education services including AIS as appropriate. A student having an IEP does not negate the right of this student to receive AIS services. The CSE must develop an IEP for each student with a disability. The IEP must list the student's academic achievement, physical and social development, management needs, and present levels of performance (PLPs) for each major goal area.

The IEP must have the following component:

• the classification of the disability and a statement of how the child’s disability affects his or her involvement and progress in the general curriculum;
• evaluation results;
• current levels of functioning including strengths in management, academic, physical, and social areas;
• measurable annual goals;
• special education program(s) or service (s) and modification, including the projected date for the beginning, anticipated duration, location and frequency, ratio;
• an explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in other activities;
• explanation of exemption from a language other than English if appropriate;
• supplementary aides and services the student needs;
• program modifications or supports for school personnel;
• assistive technology devices needed;
• identification of whether the student will participate in the New York State regular or alternate assessments, and test accommodations that will be used;
• a functional behavior assessment and behavior intervention plan for any child whose behaviors impede the learning of the student or others;
• a transition plan for students age 15 and older, which includes outcome statements and activities in the areas of post-secondary education/training, employment, and community living, as well as specific interagency responsibilities and linkages.

IEP Implementation: It is the responsibility of the district to implement the IEP within 60 days of the date that the parent signed consent for CSE evaluation of the student. Each student's parent and teachers must be provided access to the IEP (electronically or in hard copy) and consent is required by the parent/guardian for initial provision of services to begin.

Annual Review/Reevaluations: The CSE must review the IEP of each student with a disability annually and make recommendations to accurately update the IEP. The review will include consideration of the progress the student has made and the IEP will be revised to address any lack of progress to meet the student's needs. Test and instructional accommodations will be reviewed and adjusted as needed. After the annual review, Prior Written Notice of the recommendations and a copy of the new IEP are provided to the parent.

Students will be re-evaluated at least every three years to determine if the student continues to be eligible for special education services. A re-evaluation requires parental consent, unless the district can document it has made reasonable attempts to get consent and the parent has not responded. Parents must receive Prior Written Notice before the student is evaluated. Additional information can also be requested in addition to standardized assessment materials (report cards, student work, attendance records, teacher recommendations, etc.). If the student continues to qualify for special education services, the IEP will be updated as needed. If a student is no longer eligible to be classified as a student needing special education services, the student may be declassified with no further services or he/she can receive a year of declassification support when appropriate and discussed at the CSE meeting.

Mediation and Impartial Hearing: If a parent/legal guardian disagrees with the recommendations of the CSE, they can request to have a follow up meeting with the special education department or mediation through an impartial hearing to resolve their difference. If an impartial hearing is requested, an impartial hearing officer will be appointed and the decision of the hearing officer is final unless it is appealed to the State Review Officer.

SCHOOL-AGED STUDENTS (Ages 5-21) SERVICE OPTIONS

The following descriptions reflect the nature and scope of special education services for school-aged students in the Rush-Henrietta Central School District. Services are consistent with the requirements set forth in the Part 200 Regulations of the Commissioner of Education.

Related Services: Related services are recommended by the CSE to meet the individual needs of a student with a disability as set forth in the individualized education program (IEP). Related services may be provided in conjunction with a general education program or with other special education services.

Related services include, but are not limited to:

• Speech therapy
• Occupational therapy
• Physical therapy
• Counseling
• Vision services
• Orientation and mobility services
• Audiology services
• Teacher of the deaf services
• Transition Services

For students with disabilities determined to need speech and language services, such services shall be provided based on student needs. The total caseload of such students for teachers providing the service shall not exceed 65.

A student with a disability may be provided with more than one related service in accordance with the needs of the student. The frequency, duration, and location of services are outlined on the IEP, based upon the individual’s need for the service. Service can be provided individually, or in a group not to exceed five students as determined by the CSE.

Related services are available to all Rush-Henrietta Central School District students with disabilities both in district schools as well as in out-of-district programs. In some cases when an out-of-district program cannot provide a related service, the Rush-Henrietta Special Education Department arranges for the provision of the service to the student.

Consultant Teacher Services: Consultant teacher services are direct and/or indirect services provided to students with disabilities in the student’s general education classes and/or with the student’s general education teachers. The IEP must indicate the general education classes in which the student will receive consultant teacher services.

Direct consultant teacher services means specially designed individual or group instruction by a certified special education teacher to students in general education classes. Indirect consultant teacher services means the consultation provided by a certified special education teacher to general education teachers to assist them in adjusting the learning environment and/or differentiating the instructional methods to meet the individual needs of a student with a disability in the general education classes.

The total number of students with disabilities assigned to a consultant teacher cannot exceed 20. Each student requiring consultant teacher services shall receive direct and/or indirect services, consistent with the student’s IEP, for a minimum of two hours each week.

Consultant teacher services are available to Rush-Henrietta Central School District students with disabilities as outlined on the IEP.

Resource Room Service: Resource room service is provided for the purpose of supplementing the general or special classroom instruction of students with disabilities who are in need of such supplemental service. It can be provided for the purpose of supplementing classroom instruction for students with disabilities who are in need of such supplemental service.

Each student requiring resource room services shall receive services consistent with the student’s IEP for a minimum of three hours each week. Instructional groups for resource room are not to exceed five students with one teacher during instructional time. Students cannot spend more than 50 percent of their time during the day in resource room services.

The total number of students assigned to a resource room teacher cannot exceed 20 at the elementary level and 25 at the secondary level.  

Integrated Co-Teaching Service: Rush-Henrietta includes integrated co-teaching in its continuum of services. Integrated co-teaching is the provision of specially designed instruction and academic instruction provided to a group of students with disabilities and non-disabled students. The total number of students with disabilities in integrated co-teaching cannot exceed twelve. A general education teacher and special education teacher are assigned to each integrated co-teaching class based on the frequency and duration in the IEP.

Special Class Service: A student with a disability is provided with special class instruction to the extent indicated on the student’s IEP. The size and composition of the class is based upon the similarity of individual needs of the students according to: the levels of academic or educational achievement and learning characteristics, levels of social development, levels of physical development, and the management needs of the students in the classroom.

The special class size for students with disabilities is determined based upon the degree of individualized attention and intervention. The maximum class size for students whose special education needs consist primarily of the need for specialized instruction is 15 students. The chronological age range within special classes of students with disabilities is not to exceed 36 months, except for special classes of students with disabilities who are 16 years of age and older.

Students with disabilities who require special class services may receive them in the Rush-Henrietta Central School District, BOCES 1, or BOCES 2.

The district is prepared to provide a special class for students working toward grade-level standards who take state and local assessments. For those students whose disabilities are so severe that they require modified instruction that leads to participation in alternative assessments, the district provides special class.

Private Schools and State-Operated or State-Supported Schools: The CSE recommends services in an approved private special school, state-operated, or state-supported schools when the nature or severity of the student’s disability is such that appropriate public facilities for instruction are not available.

Students with disabilities who require special school services receive them at School of the Holy Childhood, Mary Cariola Children’s Center, Norman Howard, Crestwood Children’s Center, Hillside Children’s Center, The Kessler Center and Rochester School for the Deaf.    

Home Placement: Students with disabilities who are recommended for home and/or hospital instruction by the CSE shall be provided instruction and appropriate related services as determined by the CSE in consideration of the student’s unique needs. Home and hospital instruction shall only be recommended if such placement is the least restrictive environment. Service must be recommended for a minimum of five hours per week at the elementary level, preferably one hour daily; or a minimum of ten hours per week at the secondary level, preferably two hours daily.

Extended School Year (special education summer school): Students who are classified under CSE may be eligible for extended school year services if they meet the criteria and have the inability to maintain developmental levels due to a loss of skill or knowledge during the summer months of such severity as to require an inordinate period of review at the beginning of the school year to reestablish and maintain IEP goals and objectives mastered at the end of previous school year. The CSE must determine substantial regression for a student to participate or receive related services only during and extended school year program.