IEPs and Related Services
Turning 5 Evaluations for Preschool Children
Three and four year olds have an IEP that identifies them as a “Preschooler with a Disability.” The Regional Committee on Pre-School Special Education, a division of the Committee on Special Education, recommends a pre-school program that will address the child’s needs. During the spring of the student’s 5th birthday (and before entering Kindergarten in September), the student will have a Turning 5 evaluation conducted by the CPSE. At the conferences to discuss the evaluation, an IEP is written which specifies the child’s disability and the program and service recommended to address his/her needs.
For further information, please contact Nancy DeFelice at 718-561-2052.
IEP, Related Services and Report Cards
What is an IEP?
Individual Education Plans (IEP) are mandated by the Federal Individuals with Disabilities Education Act (IDEA). An IEP is a contract between parents and the local Department of Education which says what services the Department commits to provide to your child to address his/her particular needs to ensure success in school. These services include occupational therapy, speech therapy, physical therapy, counseling, hearing, vision and academic accommodations and modifications.
The classroom teachers and service providers revise each student IEP annually. The IEP team reviews a child’s IEP every three years (a “triennial”) to evaluate a student’s progress in meeting educational goals. Parents can request a review of the IEP at any time if they feel a change is needed.
If a child is progressing, he/she can be “decertified” as a special education child. Nevertheless, the child may still have an IEP if he/she continues to need certain services.
A Summary of Parent’s Rights for Your Child’s I.E.P
- The right to consent to all re-evaluations. However, if the Regional CSE makes documented efforts to obtain your consent for a re-evaluation and you do not respond to their request, they may conduct the re-evaluation without your consent.
- The right to participate meaningfully in decision-making through attendance at all IEP meetings. This includes your right to bring other individuals with special knowledge or expertise about your child to meetings to help in the decision-making process; however advance notification (72 hours) is required.
- To ensure that parents, providers and students have sufficient notification of the promotion criteria to be applied and to have the benefits of all necessary instructional interventions, student. IEPs must indicate the promotion criteria for the current school year prior to January 31st. For students who have an IEP meeting in the Spring and have a modified Promotion Criteria, the IEP Team must indicate on the IEP the promotion criteria that was established for the current school year as well as the promotion criteria for the upcoming school year. If additional space is needed, the information should be recorded on a blank sheet of paper and marked as Page 9A, with the student’s name, NYC ID number and date of conference indicated on the top of the page.
- The right to copies of evaluations and your child’s IEP.
- The right to conflict resolution (a new IEP Team meeting), mediation, and/or an Impartial Hearing if you disagree with any decision made about your child.
- The right to place your child in a State Education Department approved non-public school that offers an appropriate program for your child if the New York City Department of Education does not offer you an appropriate placement within the required timeframe. If you have the right to an approved non-public school, you should receive a P-1 letter “Eligibility for Private School” from the Regional CSE.
- The right to an independent evaluation paid for by the New York City Department of Education if the Department does not evaluate your child within 30 days of your signing of the consent to evaluate.
- The right to an independent evaluation if you do not agree with the Regional CSE’s evaluation. You must notify the Regional CSE of this request in writing. The Regional CSE may either agree to pay for an independent evaluation or they must initiate an Impartial Hearing to show that its evaluations are appropriate.
- If you challenge the Regional CSE recommendation, your child has the right to “pendency” or “stay-put” while you pursue mediation or an impartial hearing. This means that pre-school students may remain in their current education placement until the dispute is resolved, if that program also has an approved school-age program, unless the Regional CSE and parent agree to other arrangements. If the pre-school program is not approved for a school-age program, you and the Regional CSE will discuss options that are appropriate for your child during the appeal process.
The Impartial Hearing Office
The Impartial Hearing Office processed requests for impartial due process hearing regarding disagreements between parents and the Department of Education concerning identification, evaluation, educational placement, or provision of free appropriate public education to children with disabilities.
Impartial Hearing Office
131 Livingston Street, Room 201
Brooklyn, NY 11201
*Note: It is in the best interest of all school-age students to begin class in an appropriate setting in order to get accustomed to his/her new surroundings, schedules, routines, peers and adults. To ensure that an appropriate recommendations is made in a timely fashion, parents need to keep record of when evaluations/conferences should take place and contact CSE directly, if necessary.
Description of Related Services
Related Services means developmental, corrective, and other supportive services that are required to assist a child with a disability to benefit from his/her instructional program. Your child’s Related Services may change from pre-school to school-age as children’s needs change as they get older. Related Services may be the only special education service given to your child, or they may be provided along with other special education services such as special class services. The following related services may be provided:
Counseling means services designed to improve social and emotional functioning in the areas of appropriate school behavior, discipline, self-control, conflict resolution for students experiencing difficulty interacting appropriately with adults or peers, withdrawal or acting out, low self-esteem or poor coping skills which significantly interfere with learning. If, due to the unique needs of the student, the student requires services from a particular provider (e.g. guidance counselor, school psychologist, or social worker), the IEP must indicate this.
Hearing Education Services means services designed to provide instruction in speech, reading, auditory training, and language development to enhance the growth of receptive/expressive communication skills.
Speech/Language Therapy means services designed to address deficits in a student’s auditory processing (i.e. the way they understand sounds and language), articulation/phonological skills, comprehension, and use of syntax, pragmatics, voice production and fluency.
Occupational Therapy means the planning and use of a program of purposeful activities designed to maintain, improve or restore adaptive and functional skills including, fine motor skills, oral motor skills, etc. in all educationally related activities.
Physical Therapy means the use of activities to maintain, improve or restore function including gross motor development, ambulation, balance, and coordination in various settings, including but not limited to, the classroom, gym, bathroom, playground, staircase, and transitions between classes.
School Health Services means services provided by a school nurse or paraprofessional designed to address the specific health needs of a student as documented by the child’s physician to ensure a safe educational environment.
Vision Education Services means services designed to provide instruction in utilizing Braille, Nemeth Code, large print, optical and non-optical low vision devices, and other skills necessary to attain academic, social, vocational and life adjustment skills, literacy and acquisition of information using tactile, visual and auditory strategies.
Orientation And Mobility Services means services designed to improve the student’s understanding of spatial and environmental concepts and use of information the student receives through the senses (i.e. sound, temperature, vibrations) for establishing, maintaining and regaining orientation and line of travel. This service is provided to students with visual impairments.
Parent Counseling and Training means assisting parents in understanding the special needs of their child, providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s individualized education program. It is typically provided as part of the program to the parents of children in special classes with staffing ratios of 8:1:1, 6:1:1 and 12:1:4.
In the event that a Department of Education (DOE) provider is not available, the Office of Related and Contractual Services (ORCS) for District 75 will issue a transmittal to a contracted agency. If the agency is not available, the parent will be issued a RSA (Related Service Authorization) to allow a family to secure an independent provider paid for by the Department of Education. A Municipality List of Independent Providers and a Municipality List of NYC Department of Education Clinicians and Therapists Approved to Provide Related Services as Independent Providers will accompany the RSA. The Independent provider will come to the school, your home, or you might take your child to the practitioner’s office (Carfare reimbursement is available). The DOE provider who is serving your child as an independent can only serve your child before or after school hours. If you have any questions regarding the RSA process contact Sheila Simanowitz at 212-802-1535 for assistance.