Standard Operating prOcedureS Manual

1 1 Division of Teaching and LearningDr. Marcia V. LylesDeputy ChancellorOffice of Special Education InitiativesLinda WernikoffExecutive DirectorFebruary 2009 Division ofTeaching and LearningDr. Marcia V. LylesDeputy ChancellorOffice ofSpecial Education InitiativesLinda WernikoffExecutive DirectorStandard OperatingprOcedureS Manual :The Referral, Evaluation, and Placementof School-Age Students with DisabilitiesLIMITATIONS ON USE OF THIS SOPMAND DISCLAIMER The purpose of this Standard Operating prOcedureS Manual is to provide support and guidance to the management and staff of the New York City Department of Education. Nothing in this Manual is intended to create nor does it create any enforceable rights, remedies, entitlements or obligations.

2 The Department reserves its right to change or suspend any or all parts of this OF cOntentStaBle OF cOntentSINTRODUCTION:Using this Manual ..9 Explanation of Terms and Usage ..10 Important Changes to Note ..13 SECTION 1:Legal Requirements and Personnel Roles and Responsibilities ..14 The Individuals With Disabilities Education Improvement Act ( IDEIA ) and Corresponding Regulations ..15 Summary of Children First Committees on Special Education (CSE) Offices ..17 Description of Resources and School-based staff ..17 SECTION 2:The Referral Process ..24 Child Find Referral Sources ..25 Request for Referral for an Initial Evaluation ..25 Requests For Referrals Made By Professional Staff Members ..25 Receipt of Request for Referral.

3 26 Initial Referrals Made By Parent(s)..27 Date of Initial Referral ..27 Receipt of Initial Referral ..27 Initial Referrals: Required Steps At The Committee On Special Education Office ..27 Initial Referrals: Required Steps At The School Once The Referral Has Been Once Referral has Been Received ..28 Post-Referral Services ..29 Additional Requirements: Referrals For Vision and Hearing Screenings ..30 Referrals for Reevaluations ..30 Providing The Parent With Notice Of Request For Reevaluation ..32 Referrals For Annual Review ..32 Referrals For Preschool Students With A Disability Transitioning To School-Age Special Education Programs ..32 SECTION 3:Consent to Evaluate and Pre-Assessment Planning ..34 Introduction ..35 What Is Informed Consent?

4 Consent Defined ..35 Who Provides Consent? Definition of a Parent ..35 Surrogate Parents ..36 Qualifications of Surrogate Parents ..37 Determining the Need for a Surrogate Parent ..37 When Consent to Evaluate is Required ..39 Outreach Activities to Obtain Consent for Initials and Reevaluations ..39 Arrangement to Obtain Consent for Initial Evaluation ..39 The Social History Interview ..40 When Consent is Required for New Assessments as Part of a Reevaluation ..43 Parental Non-Response to Request for Consent for Additional Assessments to Conduct a Reevaluation ..43 Parental Refusal to Provide Consent for Additional Assessments to Conduct a Reevaluation .44 SECTION 4:Assessment ..45 Assessment Process Overview ..46 Case Completion Timeframe for School-Age Students Initially Referred.

5 46 Case Completion Timeframe for Turning-Five Students Initially Referred ..46 Case Completion Timeframe for Requested Reevaluations ..47 Timeframe to Complete Mandated Three Year Closings and Adjustments to the Timeline ..47 Assessments Required as Part of the Initial Evaluation ..47 Assessments Required for Factors in Conducting the Initial Social History ..49 Psychoeducational and Language Assessment ..50 Assessment Requirements for Occupational Therapy/Physical Therapy ..50 Level I Vocational Assessment ..50 Classroom Observations ..50 Functional Behavioral Assessments ..51 Behavior Intervention Plan ..51 Assistive Technology Evaluations ..52 Translated Tests and the Use of Interpreters ..52 Interpretation of for Obtaining Physical and Hearing Screenings.

6 54 Determining Language of Assessment ..55 Conducting Bilingual Assessments: The Bilingual Cascade ..55 Assessment Resources ..56 Contracting Out for Assessments ..57 Requesting an Assessment from an Agency Under Contract to the Department ..57 Contract Agency Responsibilities ..58 Responsibilities Upon Receipt of Report ..58 Assessment Authorization ..59 Completion of Evaluation Reports ..60 Requests by Parents for Independent Evaluations at Department Expense ..60 Arranging Transportation for Assessments ..61 SECTION 5:Preparing for the IEP Meeting ..62 Introduction ..63 IEP Team Participants ..63 The Special Education Teacher ..64 The General Education Teacher ..64 The Parent ..65 The Student ..66 The District Representative ..66 The School Psychologist.

7 67 The School Social Worker ..67 The Parent Member ..67 The School Physician ..67 Individual to Interpret Instructional Implications ..67 The Related Service Provider ..67 Additional Members ..68 Determining IEP Team Composition for the Initial IEP Team Meeting ..68 Determining IEP Team Composition for Students Previously Classified ..69 IEP Team Mandated Member Excusal ..70 IEP Team Member Excusal: Member s Area of Curriculum or Related Services Will Not be Discussed ..71 IEP Team Member Excusal: Member s area of Curriculum or Related Services Willbe Discussed ..71 Amending the IEP After the Annual Review ..72 Preparation for Mandated Three-Year Reevaluation and Requested Reevaluation ..73 Tape Recording of the IEP Meeting ..74 IEP Team Preparation for the IEP Meeting.

8 74 Scheduling the IEP Meeting with Parents ..76 Developing an Agenda for the IEP Meeting ..77 Planning for an Annual Review IEP Meeting ..77 Transmitting the IEP to the Committee on Special Education Office ..78 Arranging the Annual Review IEP Meeting ..78 SECTION 6:Decision-making at the IEP Meeting and Completing the IEP Document ..79 Introduction ..80 Eligibility Criteria ..80 Decision-Making Process at the IEP Meeting: An Overview ..80 Classifiable Disabilities ..82 Important Note Regarding Social Maladjustment ..83 Documentation Needed for Specific Needed To Classify a Student as Learning Disabled ..86 Documentation Needed To Classify a Student as Emotionally Disturbed ..87 Determining Special Education Services ..87 Declassification from Special Education Services.

9 88 Recommending Extended (12-month) School Year Services ..88 Promotion Criteria for Annual Review Meetings ..89 Graduation Considerations ..89 The Student Exit Summary ..90 Recommending Occupational Therapy/Physical Therapy ..90 Determining Language of Instruction ..90 Recommending Interim Speech/Language Therapy in English For English LanguageLearners Recommended For Bilingual Speech/Language Therapy ..91 Recommending Specialized Transportation: An Overview ..93 Considerations for Recommending Specialized Transportation ..93 Documentation Required for Specialized Transportation Accommodation Recommendations ..94 Recommending Deferred Placements ..95 Recommending Assistive Technology ..96 IEP Development for Students Admitted to Office of Mental Health Programs.

10 96 Deferral to Central Based Support Team (CBST) Recommendation ..98 Annual Reviews for Students Attending State Approved Non-Public Schools ..100 Reapplication Process for Students Attending State Approved Non-Public Schools ..101 Recommendations for Students in Charter Schools ..101 Home Instruction: An Overview ..101 General Requirements for the Authorization of Department of Education Home Instruction ..101 Recommending Home Instruction on the IEP ..102 Expected Contribution of Participants During the IEP Meeting ..103 Completing the IEP Document ..104 prOcedureS for Completing the IEP Meeting ..108 Resolving Conflicts ..110 SECTION 7:The Placement Offer, Service Delivery and Implementing The IEP ..111 Introduction ..112 Timeline for Arranging Services.