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1. How is special education defined in New York State (NYS)?

Special education听means specially designed individualized or group instruction or special services or programs and special transportation, provided at no cost to the parent, to meet the听unique needs of students with disabilities.

1. Such instruction includes but is not limited to that conducted in classrooms, homes, hospitals, institutions and in other settings.

2. Such instruction includes specially designed instruction in physical education, including adapted physical education.

2. What is specially designed instruction?
Specially designed instruction听means adapting, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction to address the unique needs that result from the student's disability; and to ensure access of the student to the general curriculum, so that he or she can meet the educational standards that apply to all students.

3. What special education services and programs are included in NYS' continuum of services?听
The听continuum of special education services听for school-age students with disabilities is an array of services to meet an individual student's needs that includes:

• consultant teacher services (direct and/or indirect);
• resource room services;
• related services;
• integrated co-teaching services; and
• special class.

Additional special education services that may be recommended for students include:

• Transition Services听are a coordinated set of activities for a student with a disability beginning not later than the first individualized education program (IEP) to be in effect when the student is age 15 (and at a younger age, if determined appropriate), designed within a results-oriented process that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post-school activities.
• Transitional support services听are those temporary services, specified in a student's IEP, provided to a general or special education teacher to aid in the provision of appropriate services to a student with a disability transferring to a general education classroom or to another special education program or service in a less restrictive environment.
• Travel training听is instruction, as appropriate, provided to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live; and learn the skills to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).
• Adapted physical education听is a specially designed program of developmental activities, games, sports and rhythms suited to the interests, capacities and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of the regular physical education program.
• Twelve-month special service and/or program听is a special education service and/or program provided on a year-round basis for students with disabilities determined to require a structured learning environment of up to 12 months duration to prevent substantial regression.
• Special transportation听means services and supports necessary for the student to travel to and from school and between schools; in and around school buildings; and includes specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation to a student with a disability. 听Examples of special transportation include: special seating; vehicle and/or equipment needs; adult supervision; type of transportation; and other accommodations.听

NOTE:听 When recommending special education services in a student's IEP, the Committee on Special Education (CSE) must use the special education services terms as used in the regulations, but may add clarifying terms that identify a district-specific program as long as such program meets the specifics of the regulations for that service.听 听听As examples, if the school district calls its resource room a "learning lab", then the IEP could indicate resource room (learning lab); or if the district uses the term "collaborative team teaching" to mean the same thing as "integrated co-teaching", then the IEP could indicate "integrated co-teaching (collaborative team teaching).听

The听continuum of placement听options in NYS includes: public schools, boards of cooperative educational services (BOCES), private approved day and residential schools and home and hospital instruction.

The district must also include, in its continuum of placement options, interim alternative educational settings (IAES) options for students with disabilities who have been suspended or removed from their current placement for more than 10 school days pursuant to Part 201 of the Regulations of the Commissioner of Education (Discipline Procedures for Students with Disabilities).听 The IAES, to the extent provided in Part 201, must be an educational setting other than the student's current placement at the time the behavior precipitating the IAES placement occurred.听 A student placed in an IAES must:

• continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting and to progress toward the goals set out in the student's IEP; and
• 鈥媟eceive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.

4. What is meant by "location" of services which must be documented on the IEP?听 Does it mean the same as "placement"?
The "location" of services is not the same as "placement" as defined above.听 "Location" in the context of a student鈥檚 IEP generally refers to the type of environment that is the appropriate place where a particular service, program modification or accommodation would be provided. The decision as to the location where a service (e.g., in the general education English class; in the special class; in a separate therapy room) will be provided should be made in consideration of the least restrictive environment (LRE) provisions and in consideration of the student鈥檚 overall schedule and participation in general education classes. 听The location where services will be provided needs to be stated specifically enough so the CSE鈥檚 recommendations regarding location of services is clear; however it is not necessary for the room number of the classroom to be indicated.听 A CSE should first consider the general education class as the location for the provision of special education services rather than a separate location in order to facilitate the student鈥檚 maximum participation in general education programs and in the general education curriculum.听听

5. What does LRE mean and how does it relate to the continuum of service options?
LRE refers to the extent special education services are provided to a student in a setting with the student's nondisabled peers and as close to the student's home as possible. The continuum of services identifies different service delivery models to provide specially designed instruction to a student with a disability.听 Some of the services such as consultant teacher and integrated co-teaching services are directly designed to support the student in his/her general education class.听 Others may or may not be provided in settings with nondisabled peers, depending on the needs of the student.听 This is why the documentation of "location" in the IEP is important.听 The continuum of placement options is also directly related to LRE placement decisions.听

6. What rules apply for grouping students with disabilities together for purposes of instruction?听
Students with disabilities placed together for purposes of special education (including resource room, special class, consultant teacher services, integrated co-teaching and related services groups) must be grouped by听similarity of individual needs听in accordance with the four need areas listed below:

• academic achievement, functional performance and learning characteristics听- the levels of knowledge and development in subject and skill areas, including activities of daily living, level of intellectual functioning, adaptive behavior, expected rate of progress in acquiring skills and information, and learning style.
  • The range of academic or educational achievement of such students must be limited to assure that instruction provides each student appropriate opportunities to achieve his or her annual goals.
  • For students placed in a special class, except for a 12:1+ (3:1) special class, where the range of achievement levels in reading and mathematics exceeds three years, special notification to the CSE and parents must be provided.
  • The learning characteristics of students in the group must be sufficiently similar to assure that this range of academic or educational achievement is at least maintained (i.e., no students fall behind in academic achievement because their instructional needs are not being addressed due to the range of learning characteristics of students in the class).
• social development听- the degree and quality of the student's relationships with peers and adults, feelings about self, and social adjustment to school and community environments.听
  • The social development of each student must be considered prior to placement in any instructional group to assure that the social interaction within the group is beneficial to each student, contributes to each student's social growth and maturity, and does not consistently interfere with the instruction being provided.
  • The social needs of a student cannot be the sole determinant of such placement.
• physical development听- the degree or quality of the student's motor and sensory development, health, vitality, and physical skills or limitations which pertain to the learning process.
  • The levels of physical development of such students may vary, provided that each student is given appropriate opportunities to benefit from such instruction.
  • Physical needs must be considered prior to determining placement to assure access to appropriate programs.
  • The physical needs of the student cannot be the sole basis for determining placement.
• management needs听- the nature of and degree to which environmental modifications and human or material resources are required to enable the student to benefit from instruction.
  • Management needs must be determined in accordance with the factors identified for a student in relation to the areas of academic achievement, functional performance and learning characteristics, social development and physical development.
  • The environmental modifications or adaptations and the human or material resources provided may not consistently detract from the opportunities of other students in the group to benefit from instruction.

7. What does class size mean?听
Class size听means the maximum number of students who can receive instruction together in a special class or resource room program and the number of teachers and supplementary school personnel assigned to the class.

8. What is meant by "program modifications, accommodations, supplementary aids and services"?
The terms program modifications, accommodations and supplementary aids and services are often used interchangeably and are documented together in the same section of the IEP, but they have different meanings requiring different considerations in the development of recommendations for individual students.听

• Supplementary aids and services听means aids, services and other supports to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in the LRE (e.g., a note taker; assignment of paraprofessional staff; study guide outlines of key concepts).
• Accommodations听means adjustments to the environment, instruction or materials (e.g., instructional materials in alternative format such as large print or Braille, fewer items on each page; extra time to complete tasks) that allow a student with a disability to access the content or complete assigned tasks.听 Accommodations do not alter what is being taught.听
• Program modifications听may be used to describe a change in the curriculum or measurement of learning, for example, when a student with a disability is unable to comprehend all of the content an instructor is teaching (e.g., reduced number of assignments; alternate grading system).

Supplementary aids and services, accommodations and/or program modifications can be provided in general education classes, special classes or other education-related settings, including extracurricular and non-academic settings.听

9. What is meant by "supports for school personnel on behalf of the student"?
The IEP must describe the supports for school personnel that will be provided on behalf of the student in order for the student to advance toward attaining the annual goals, to be involved in and progress in the general curriculum and to participate in extracurricular and other nonacademic activities. Supports for school personnel are those that would help them to more effectively work with the student. These could include, for example, special training for a student鈥檚 teacher to meet a unique and specific need of the student. These supports for school personnel are those that are needed to meet the unique and specific needs of the student.

Examples of supports that may be provided for school personnel include:

• information on a specific disability and implications for instruction;
• training in use of specific positive behavioral interventions;
• training in the use of American Sign Language;
• assistance with curriculum modifications;
• behavioral consultation with school psychologist, social worker or other behavioral consultant; and/or
• transitional support services.

10. Can the district implement an innovative program for students with disabilities that varies from the regulatory continuum of service options?
Yes.听 The Commissioner may grant a waiver from the continuum of services options upon a finding that such waiver will enable a local school district, BOCES, approved private school, State-operated school, State-supported school or State department or agency to implement an innovative special education program that is consistent with State law, applicable federal requirements and all other sections of Part 200, and will enhance student achievement and/or opportunities for placement in regular classes and programs.听 The requirements for submission of such an innovative waiver can be found in of the Regulations of the Commissioner of Education.听

20. What is a resource room program?听
Resource room program听is a special education program for a student with a disability registered in either a special class or general education class who is in need of specialized supplementary instruction in an individual or small group setting for a portion of the school day.听 Resource room programs are for the purpose of听supplementing听the general education or special education classroom instruction of students with disabilities who are in need of such supplemental programs.听 This means that instruction is not provided in place of the student's regular academic instruction.

21. Must students with disabilities placed in a resource room program be grouped based on similarity of individual needs?
Yes.听 The composition of instructional groups in a resource room program must be based on the similarity of the individual needs (see question and answer # 6) of the students according to:

• 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.

22. Is there a minimum amount of time that a student must receive resource room programs if this service is recommended in the student's IEP?
Yes. Regulations require that each student with a disability requiring a resource room program shall receive not less than three hours of instruction per week in such program.听 However, if the student is also recommended to receive CT services, the minimum number of hours of the combined resource room and consultant teacher services is three hours per week.听 The IEP must specify the frequency, duration and location for each service.

23. Is there a maximum amount of time that a student can spend in a resource room program?
Yes.听 Regulations prohibit students from spending more than 50 percent of their time during the day in the resource room program.

24. What are the instructional grouping requirements that pertain to resource room programs?
An instructional group which includes students with disabilities in a resource room program cannot exceed five students per teacher.听 The total number of students with disabilities assigned to a resource room teacher cannot exceed 20 students, except that the total number of students with disabilities assigned to a resource room teacher who serves students enrolled in grades seven through twelve or a multi-level middle school program operating on a period basis cannot exceed 25 students.听 The Commissioner may approve a variance increasing the size of a resource room instructional group and the number of students assigned to a resource room teacher.

In addition, New York City only may increase the number of students in a resource room program up to a maximum of eight students to one teacher; and may increase the maximum number of students with disabilities assigned to an elementary school resource room teacher to 30; and to a multi-level middle or secondary school program resource room teacher to 38.听听

25. Can a resource room with one special education teacher assigned include more than five students at any one time period?听
No, except as noted above for variances to resource room instructional group size granted by the Commissioner, when there is only one special education teacher assigned to a resource room, the instruction group size cannot exceed five students.

26. How can a teaching assistant assist in the delivery of resource room services?
Each student with an IEP that indicates resource room services must receive such services from the special education resource room teacher.听 While a teaching assistant, under the general supervision of the special education teacher, can assist in the delivery of the special education services, he or she cannot be the provider of such services in place of the special education teacher.听 As an example, for each resource room period, while the special education teacher may be instructing three of the students, a teaching assistant, under the supervision of the special education teacher, may be working with the other two students. (Also see question #63.)

27. May a resource room program be provided in a general education classroom?
Yes, provided that the resource room teacher provides specially designed instruction to students grouped together for purposes of the resource room program, which supplements the instruction provided in the general education class.听

28. What is the difference between direct CT services and resource room services located in a general education classroom?
Direct CT services are services of a special education teacher provided to an individual student or a small group of students with disabilities to adapt, as appropriate to the needs of an eligible student, the content, methodology, or delivery of instruction to support the student to successfully participate and progress in the general curriculum during regular instruction, so that he or she can meet the educational standards that apply to all students. Consultant teacher services are provided simultaneously with general education content area instruction.

Resource room services are small group supplementary instruction that cannot otherwise be provided during the student's regular instructional time.听 As examples, a resource room program might be recommended for students who need specialized supplementary instruction in organization skills, reading, the use of an assistive technology device, the use of Braille or the use of a compensatory strategy.听 However, resource room students must also have access to instruction in all required general education content area learning standards in addition to their resource room supplemental instruction.

29. May resource room programs be used as the time for the student to complete his/her homework?听
Specialized supplementary instruction (as defined above) must be provided in the resource room program for each student.听 While the teacher may use classroom related assignments as the vehicle to provide specialized supplementary instruction to address the unique needs of a student with a disability, a resource room program for a student with a disability cannot be treated as a study hall.听

30. Can a resource room include nondisabled students?
Yes, provided that an instructional group that includes students with disabilities does not exceed five students (or the number approved through the variance provision described in question 23).

31. Can a student with a disability receive a combination of resource room, special classes and CT services?听
Yes. Based on the individual needs of a student with a disability, the CSE could recommend, for example, that the student receive special class for one or more subjects (e.g., math and English), CT for one or more other subjects (e.g., science and social studies), and resource room services.

45. What is meant by special class?听
Special class means a class consisting of students with disabilities who have been grouped together because of similarity of individual needs (see question #6) for the purpose of receiving specially designed instruction in a self-contained setting, meaning that such students are receiving their primary instruction separate from their nondisabled peers.听

46. What is meant by special class size?
Special class size is defined as the maximum number of students who can receive instruction together in a special class and the number of teachers and paraprofessionals assigned to the special class (e.g., six students to one teacher and one teaching assistant or teacher aide). If the student鈥檚 IEP indicates special class, the IEP must describe the special class size.

47. What maximum class size ratios are allowed by regulation?听
The maximum class size for those students whose special education needs consist primarily of the need for specialized instruction which can best be accomplished in a self-contained setting cannot exceed 15 students (15:1), or 12 students in a State-operated or State-supported school (12:1), except that:

• The maximum class size for special classes containing students whose management needs interfere with the instructional process, to the extent that an additional adult is needed within the classroom to assist in the instruction of such students, cannot exceed 12 students, with one or more supplementary school personnel assigned to each class during periods of instruction (12:1+1).
• The maximum class size for special classes containing students whose management needs are determined to be highly intensive, and requiring a high degree of individualized attention and intervention, cannot exceed six students, with one or more supplementary school personnel assigned to each class during periods of instruction (6:1+1).
• The maximum class size for special classes containing students whose management needs are determined to be intensive, and requiring a significant degree of individualized attention and intervention, cannot exceed eight students, with one or more supplementary school personnel assigned to each class during periods of instruction (8:1+1).
• The maximum class size for those students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment, shall not exceed 12 students. In addition to the teacher, the staff/student ratio shall be one staff person to three students.听 The additional staff may be teachers, supplementary school personnel and/or related service providers (12:1 + (3:1)).

Upon application and documented educational justification to the Commissioner, approval may be granted for variance from the special class sizes -听h)(6).

48. What is the chronological age range of students placed together for purposes of instruction in a special class?
The chronological age range within special classes of students with disabilities who are less than 16 years of age shall not exceed 36 months. The chronological age range within special classes of students with disabilities who are 16 years of age and older is not limited.听 There are no chronological age-range limitations for groups of students placed in special classes for those students with severe multiple disabilities, whose programs consist primarily of habilitation (e.g., daily living skills) and treatment.听 Upon application and documented educational justification to the Commissioner, approval may be granted for variance from the special class chronological age ranges -听(h)(7).

49. What factors must the CSE consider in determining the class size (i.e., staff to student ratio) of a special class?听
To determine the appropriate class size for an individual student, the CSE must consider the management needs of the student (i.e., the environmental modifications, adaptations, or, human or material resources required to meet the needs of any one student in the group) as well as the student鈥檚 need for individualized instruction.

50. Are there instructional considerations required for grouping students in a special class?听
Yes. Students with disabilities grouped together for purposes of instruction must be grouped in consideration of similarity of needs, including the levels of knowledge and development in subject and skill areas, (e.g., activities of daily living, level of intellectual functioning, adaptive behavior, expected rate of progress in acquiring skills and information, and learning style).听 The range of academic or educational achievement of such students must be limited to assure that instruction provides each student appropriate opportunities to achieve his or her annual goals.听 For students placed in a special class, except for a 12:1+ (3:1) special class, where the range of achievement levels in reading and mathematics exceeds three years, special notification to the CSE and parents must be provided.听 The learning characteristics of students in the group must be sufficiently similar to assure that this range of academic or educational achievement is at least maintained (i.e., no students fall behind in academic achievement because their instructional needs are not being addressed due to the range of learning characteristics of students in the class).

51. Can a special class be provided for a student for a portion of the school day?
Yes.听 The CSE could recommend, for example, that the student receive special class only for particular subject areas (e.g., English and math classes).

52. Can a special class be located in a general education class?听
Because special class is defined in regulations to mean an instructional group consisting of students with disabilities who have been grouped together in a self-contained setting, integrated co-teaching services was added to the continuum of services to identify the special education program for students with disabilities recommended to receive their specially designed instruction by both a general and special education teacher in the general classroom.听

53. What specific information must be in the IEP to specify the class size?听
When a student is recommended for special class, the IEP must identify the number of students who will be in the special class and the specific ratio of special education teachers and supplementary school personnel (i.e., teaching assistants and/or teacher aides).听 For example, the IEP could specify: 12 students to one teacher and one teaching assistant (12:1+1).听

54. Who can provide instruction in a special class?听 听

A certified special education teacher must be assigned to provide specially designed instruction to a special class. A teaching assistant under the general supervision of the special education teacher can assist the special education teacher to provide specially designed instruction.

There is nothing in regulation that would prohibit a general education teacher who holds a certificate to teach a subject area from being assigned to provide instruction in a special class alongside a certified special education teacher, when no special education teacher who is also certified in that subject area is available, as long as the staffing and class size requirements for special classes for students with disabilities, as set forth in 听are met.听 In this collaborative two-teacher model, the general education teacher does not replace the requirement for a special education teacher and/or cannot be considered supplementary school personnel to meet the staff-to-student ratio requirements for the special class.听 Both the general education teacher and special education teacher must be present in the special class and actively co-teaching during the delivery of instruction.听 As this is a special class, the teacher of record would be the certified special education teacher.

In addition, there is an expectation that ongoing collaboration occurs between the general education teacher and the special education teacher, who can assist in adapting, as appropriate, the content, methodology, and/or instructional approach, to ensure that students have access to participate and progress in the general curriculum and are able to demonstrate their knowledge and skills. This collaboration allows for the general and special education teachers to share their varied expertise and perspectives and for these teachers to gain knowledge and skills from each other to meet the diverse needs of the students in the classroom.听

55. Must special classes be provided for the full day or can students be recommended for special classes for separate subjects or for a portion of the day?

Depending on the needs of an individual student, the CSE, in determining the least restrictive environment for that student, could consider a recommendation for special class for a portion of the day and/or for specific subjects.听 There is no rule that a special class can only be provided full time.

63. What roles can a teaching assistant fulfill?听
A teaching assistant, under the general supervision of the special education teacher, can assist in the delivery of special education services but cannot serve in place of a special education teacher. The following description of duties is provided as guidance in determining the appropriate role for听teaching assistants:

• working with individual students or groups of students on special instructional projects;
• providing the teacher with information about students which will assist the teacher in the development of appropriate learning and behavioral experiences;
• assisting students in the use of available instructional resources and development of instructional materials;
• assisting in the development of instructional materials;
• assisting in providing testing accommodations;
• utilizing their own special skills, and abilities by assisting in instructional programs in such areas as: foreign languages, arts, crafts, music and similar subjects;
• assisting in related instructional work as required; and
• assisting students with specific health related activities as appropriate.

64. What roles can a teacher aide fulfill?
Teacher aides听perform non-instructional duties under supervision determined by the local school district in accordance with Civil Service Law.听 The following description of duties is provided as guidance in determining the appropriate role for teacher aides:

• preparing scripts for recording purposes;
• assisting in physical care tasks and health-related activities as appropriate;
• assisting students with behavioral/management needs;
• assisting in the set up of laboratory equipment, conduct experiments, and performing limited reviews of student laboratory reports;
• assisting in the technical preparation and production of media programs;
• reading to and playing audio-visual materials for children in lower grades;
• assisting in proctoring and other tasks related to the administration of examinations;
• assisting in the correction of test papers, recording of grades, maintaining of files and preparing statistical reports;
• managing records, materials and equipment; and
• supervising students (e.g., watching students during recess, hall transitions, etc.).

65. Can a teacher aide or teaching assistant be the only service provided to a student with a disability?
No.听 A teaching assistant or teacher aide can assist in the delivery of special education, but cannot be provided as the only special education service the student receives nor can they be the only provider of special education services to a student with a disability.听 A student who requires only this level of service (e.g., a health aide to assist with mobility and/or toileting) could be eligible for such service pursuant to