How can a teaching assistant assist in the delivery of resource room services? oversee the implementation of federal and State laws and policy for students with disabilities. 1. There is no regulatory minimum frequency/duration for related services to be provided to a student with a disability. No. Can a teacher aide or teaching assistant be the only service provided to a student with a disability? CT services are special education services to support a student while he or she is participating in instruction in the general education class. Special Education Policy develops 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. CT services may be provided on an individual or group basis (two or more students), provided that such students are grouped based on similarity of need (see question #5 under General Information). While both direct CT and integrated co-teaching services are provided in a student's general education class, and to the casual observer may appear the same, they differ in the manner and in some circumstances, in the extent to which, such supports are provided to the student. 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. As of the 2018-2019 school year, the New York State Education Department (NYSED or "the Department") established a unique fund code and project numbers for LEAs that are awarded funds under Title I, Part D of the Every Student Succeeds Act. 20. 34 CFR section 300.34(c)(7) was amended to add that orientation and mobility services includes teaching students to use a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision. Must every school district offer integrated co-teaching services on the continuum of services? What is meant by "program modifications, accommodations, supplementary aids and services"? a quality assurance review process that emphasizes attainment of positive Cell B1 -LEA inputs their Projected Child Count. CT services are provided 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. The determination of whether integrated co-teaching services are an appropriate recommendation for an individual student with a disability must be made on an individual basis. New York State Laws and Regulations Related to Special Education and Students with Disabilities New York State Consolidated Laws Article 89 - New York State Education Law sections 4401 through 4410-C relating to the requirements and procedures for the education of students with disabilities Approved Schools Approved Preschool Special Education Programs Approved Private, Special Act, State-Operated and State- Supported Schools in New York State Information Related to the Justice Center/Incident Management Unit Last Updated: November 7, 2022 provide general supervision and monitoring of all public and private 16. Section 201.6 CSE responsibilities for expedited evaluations. 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. Description "Special education" means specially designed individualized or group instruction or special services or programs to meet the unique needs of students with disabilities. Yes. What roles can a teacher aide fulfill? Part 200 of the Regulations of the Commissioner of Education relates to special education programs and services for students with disabilities. Special Education Office of Standards and Instruction Diploma Requirements Office of State Assessment Computer-Based Testing Exam Schedules Grades 3-8 Tests Regents Exams English as a Second Language Tests Facilities Planning Recent News: Friday, May 19, 2023 school to post-school. This includes devices that are needed to maintain breathing, nutrition, or other bodily functions (e.g., nursing services, suctioning a tracheotomy, urinary catheterization) if the services can be provided by trained personnel and are not the type of services that can only be provided by a licensed physician. What is the maximum number of students with disabilities that can be included in a class where integrated co-teaching services are provided? 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. 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). students with disabilities, including students The IEP must specify for each service (resource room and CT) the frequency, duration and location. This is an exciting and challenging time for all of us working to ensure 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. 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? 41. 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. 26. However, the use of integrated co-teaching services is strongly encouraged. 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. The requirements for submission of such an innovative waiver can be found in section 200.6(l) of the Regulations of the Commissioner of Education. 12. 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. If CT services are to be provided to a middle or secondary student, the IEP must specify the class subject(s) where CT will be provided (e.g., English, math, science, art, music). 6. An instructional group which includes students with disabilities in a resource room program cannot exceed five students per teacher. An important consideration in determining the number of students with disabilities and nondisabled students on an integrated class roster is that the ratio must not result in ade factosegregated class which would undermine the philosophy of inclusive practices. Section 200.20 Approval, operation, and administration of preschool programs funded pursuant to section 4410 of the Education Law. Indirect CT can be combined with direct CT services. What are the instructional grouping requirements that pertain to resource room programs? 19. Laura Piascik, Supervisor, New York City Regional Office assisting students with specific health related activities as appropriate. Special Education Quality Assurance Regional Offices Special Education Quality Assurance oversees preschool and school-age special education services through a quality assurance review process that emphasizes attainment of positive results for student with disabilities. While other terms, such as blended or inclusion classes have been used by other school districts, the actual services provided varied among districts (e.g., some districts used the term inclusion class to identify a class where a teaching assistant and a general education teacher were assigned). 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 section 200.6(h) of the Regulations of the Commissioner of Educationare met. Section 201.4 Manifestation determinations. consultant teacher services (direct and/or indirect); 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. Annual Determinations for School Districts Under IDEA, Blueprint for Improved Results for Students with Disabilities, Common Core and Students with Disabilities, Employment Opportunities in Shortage Areas, Graduation Requirements/Exiting Credentials, New York State Alternate Assessment (NYSAA), technical assistance Teacher aidesperform non-instructional duties under supervision determined by the local school district in accordance with Civil Service Law. Class sizemeans 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. This is the number of students with disabilities your LEA plans to provide special education and relates services according to an IEP or service plan in place. 32. Integrated co-teaching services means students are intentionally grouped together based on similarity of need for the purpose of receiving specially designed instruction in a general education class, usually daily for the identified class. 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. Program modificationsmay 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). 35. Section 200.11 Admission to public schools of students residing in facilities of OMH and OPWDD or child care institutions. Christopher Suriano, Assistant Commissioner, Joanne LaCrosse, Director of Special Education Services, Eileen Borden, Chief of Special Education Services-Policy and Due Process Unit Suzanne Bolling, Supervisor-Preschool, Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. Yes. NYSED General Information: (518) 474-3852, Office of Higher Education: (518) 486-3633, Office of the Professions: (518) 474-3817, 2015 - 2023 New York State Education Department, Accessibility | Internet Privacy Policy | Disclaimer|Terms of Use, Article 89 (Sections 4401-4410) Children with Handicapping Conditions, Article 81 (Sections 4001-4006) Education of Children Residing in Child Care Institutions, Commissioner's Regulations Part 200: Students with Disabilities, Commissioner's Regulations Part 201: Procedural Safeguards for Students with Disabilities Subject to Discipline, Next Generation Learning Standards: ELA and Math, Teaching in Remote/Hybrid Learning Environments (TRLE), New York State Alternate Assessment (NYSAA), Laws and Regulations Related to Special Education and Students with Disabilities. Office of Higher Education: (518) 486-3633. Access to and participation in the general education curriculum does not occur solely because a student is placed in a general education classroom, but rather when students with disabilities are actively engaged in learning the content and skills that define the general education curriculum. Can a school district determine that it will offer integrated co-teaching services at some, but not all, of its classes, grade levels or subjects? 9. Is there a minimum frequency/duration for related services to be provided to a student with a disability? Accommodationsmeans 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. The Office of Special Education works to promote educational equity and excellence for students with disabilities through its roles and responsibilities to: oversee the implementation of federal and State laws and policy for students with disabilities. Accommodations do not alter what is being taught. Email: speced@nysed.gov. What does LRE mean and how does it relate to the continuum of service options? The focus of services provided by the CT is to an individual student with a disability. New York City (NYC) has used the term "collaborative team teaching" (CTT) to identify a service that meets the regulatory definition of integrated co-teaching services. Kathleen Milliman, Chief of Special Education Services-SEQA and PDSS Belinda Johnson, Chief of Special Education Services-SEQA NYC. networks and centers. 43. Section 200.14 Day treatment programs certified by the Office of Mental Health. NYSED General Information: (518) 474-3852, Office of Higher Education: (518) 486-3633, Office of the Professions: (518) 474-3817, 2015 - 2023 New York State Education Department, Accessibility | Internet Privacy Policy | Disclaimer|Terms of Use, Next Generation Learning Standards: ELA and Math, Teaching in Remote/Hybrid Learning Environments (TRLE), New York State Alternate Assessment (NYSAA), bigstock-high-school-students-in-classroom.jpg, Special Education Quality Assurance (SEQA) Office, section 80.7 of the Regulations of the Commissioner of Education, Office of Special Education's Educational Partnership, section 200.6(g)(1)(i)-(ii) of the Regulations of the Commissioner of Education. 63. There is no rule that a special class can only be provided full time. Special Education Policy/ Program Development and Support Services/Due Process/Preschool. 14. Implementation of integrated co-teaching could be gradually phased into a school district. New York State Education Department New York State Education Department 89 Washington Ave., Rm 2M West EB Albany, New York 12234. However, a teaching assistant can be assigned to a class where integrated co-teaching is provided to assist the teachers in providing instruction to the students in the class. preschool and school-age special education programs and services through 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). 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? Special education services and programs are provided at no cost to the parent. Incident Management Unit and Nondistrict Unit 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. Each student with an IEP that indicates resource room services must receive such services from the special education resource room teacher. The "location" of services is not the same as "placement" as defined above. These could include, for example, special training for a students teacher to meet a unique and specific need of the student. 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. 2. What is a resource room program? Popular Topics Every Student Succeeds Act (ESSA) Next Generation Learning Standards School Climate Charter Schools High School Equivalency Test 15. Who can provide CT services? NYSED General Information: (518) 474-3852. The maximum class size for those students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment, shall not exceed 12 students. whether the extent of the environmental modifications or adaptations and the human or material resources needed for the student will consistently detract from the opportunities of other students in the group to benefit from instruction. Alan Mueller, Supervisor, Incident Management Unit, Annual Determinations for School Districts Under IDEA, Blueprint for Improved Results for Students with Disabilities, Common Core and Students with Disabilities, Employment Opportunities in Shortage Areas, Graduation Requirements/Exiting Credentials, New York State Alternate Assessment (NYSAA). Integrated co-teaching services, as defined in regulation, means the provision of specially designed instruction and academic instruction provided to a group of students with disabilities and nondisabled students. 45. New York State Laws and Regulations that Differ from Federal Requirements. Section 200.16 Educational programs for preschool students with disabilities. 31. Office of Special Education This is why the documentation of "location" in the IEP is important. What maximum class size ratios are allowed by regulation? 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. 25. NYSED General Information: (518) 474-3852, Office of Higher Education: (518) 486-3633, Office of the Professions: (518) 474-3817, 2015 - 2023 New York State Education Department, Accessibility | Internet Privacy Policy | Disclaimer|Terms of Use, Next Generation Learning Standards: ELA and Math, Teaching in Remote/Hybrid Learning Environments (TRLE), New York State Alternate Assessment (NYSAA), Get information about my teacher certification, About the New York State Education Department, About the University of the State of New York (USNY), Business Portal for School Administrators. 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). New York State Education Department . 58. When consultant teacher services are to be provided for the purpose of providing specially designed reading instruction for a student who has significant reading difficulties that cannot be met through general reading programs, such instruction may be provided by a reading teacher qualified under section 80.7 of the Regulations of the Commissioner of Education. 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. 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. 89 Washington Avenue, Room 309 EB If the students IEP indicates CT services, the IEPmustspecify the general education class(es) (including career and technical education classes, as appropriate) where the student will receive the services. The levels of physical development of such students may vary, provided that each student is given appropriate opportunities to benefit from such instruction. Section 200.15 Standards for the protection of day and residential students who attend a residential school governed by this section. No. 89 Washington Avenue, Room 309 EB. monitoring to attain equal opportunities and positive results for students May resource room programs be used as the time for the student to complete his/her homework? 23. How is special education defined in New York State (NYS)? What factors must the CSE consider in determining the class size (i.e., staff to student ratio) of a special class? The following description of duties is provided as guidance in determining the appropriate role forteaching assistants: 64. 42. 55. Thecontinuum of placementoptions in NYS includes: public schools, boards of cooperative educational services (BOCES), private approved day and residential schools and home and hospital instruction. Related servicesmeans developmental, corrective, and other supportive services as are required to assist a student with a disability. The CSE could recommend, for example, that the student receive special class only for particular subject areas (e.g., English and math classes). For example, if two students with disabilities in a class are recommended for resource room and related services and ten are recommended for integrated co-teaching services, there are 12 students with disabilities in that classroom. 06-22-2022 Aid for Services Provided to Students With Disabilities Over 21. Welcome to the Office of Special Education's home within the State Education Department's Office of P-12 Education. 30. "Location" in the context of a students IEP generally refers to the type of environment that is the appropriate place where a particular service, program modification or accommodation would be provided. However, there is no requirement that a CT be assigned full time to a class. Albany, New York 12234. The Office of Special 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. 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). The social needs of a student cannot be the sole determinant of such placement. that students with disabilities achieve the knowledge and skills necessary policy and guidance, technical assistance, professional development, and section 200.6(h) of the Regulations of the Commissioner of Education, Continuum of Special Education Services for School-Age Students with Disabilities, Get information about my teacher certification, About the New York State Education Department, About the University of the State of New York (USNY), Business Portal for School Administrators. schools serving New York State preschool and school-age students with 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). Related services are those that assist a student in benefiting from other special education services or assist the student in accessing the general curriculum. to live independent and self-directed lives. Tracy Davidson, Supervisor, Due Process Unit Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial and are presented for general informational purposes as a public service. No. 50. Such instruction includes specially designed instruction in physical education, including adapted physical education. transitioning from This document,which replaces the document issued in April 2008, should assist school personnel to understand the regulatory requirements under which each service must be provided and to assist in the determination of which of these special education services might be most appropriate for an individual student. If you need assistance, have any questions and/or concerns regarding the submission of the IDEA grant application; please contact the Administrative Support Group at (518) 486-4662 or send an email to IDEA@nysed.gov. 48. Kathleen Cummings, Supervisor, New York City Regional Office Dodie Davidson, Supervisor, Hudson Valley Regional Office. The CSE must determine the frequency and duration of a related service recommendation based on each students individual needs. Office of the Professions: (518) 474-3817. However, if the student is also recommended to receive resource room services, the minimum number of hours of the combined resource room and CT services is three hours per week. establish a broad network of technical assistance centers and providers 54. Who can provide instruction in a special class? Section 200.17 Reimbursement of public school district administrative costs and due process costs for education programs or educational services approved pursuant to section 4410 of the Education Law. meet with stakeholders through the Commissioner's Advisory Panel for Special Education Services. to receive by electronic mail the latest memoranda and other technical The physical needs of the student cannot be the sole basis for determining placement. The total of 12 students includes any student with a disability in that class, regardless of whether all of the students are recommended for integrated co-teaching services. The CSE could determine that the student needs integrated teaching, for example, for English and math classes only. The methods and schedules for such services should be documented and communicated to the parent of the student. Email: seqa@nysed.gov, Annual Determinations for School Districts Under IDEA, Blueprint for Improved Results for Students with Disabilities, Common Core and Students with Disabilities, Employment Opportunities in Shortage Areas, Graduation Requirements/Exiting Credentials, New York State Alternate Assessment (NYSAA). Are services for surgically implanted devices, including cochlear implants, a related service? and schools related to services and programs for students with disabilities. Get information about my teacher certification, About the New York State Education Department, About the University of the State of New York (USNY), Business Portal for School Administrators. It is the consideration of the individual needs of the student and the support, services and/or modifications needed to the general education curriculum, instructional methods, instructional materials and/or instructional environment that determine which of the service delivery options would be most appropriate to assist the student to meet his/her annual goals and to meet New York States (NYS) learning standards. 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. For example, the IEP of a student receiving a combination of services, based on the individual needs of the student, might indicate: Resource room services - 3 times a week, 40 minute sessions the necessary information to be effectively involved in the education 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). ensure a system of due process, including special education mediation and impartial hearings. As this is a special class, the teacher of record would be the certified special education teacher. Direct CT services are specially designed individual or group instruction recommended for an individual student with a disability in his or her general education class, the purpose being to adapt, as appropriate to the needs of the student, the content, methodology, or delivery of instruction to support the student to successfully participate and progress in the general curriculum during regular instruction. Staff work together across various units to provide the most up to date May school districts continue to use other terms to identify integrated co-teaching services in a student's IEP? Yes. Section 200.4(e)(5) of the Regulations of the Commissioner of Education requires that, following the development of an IEP in which CT services are recommended, the general education teachers of the student for whom the service will be provided must be given the opportunity to participate in the instructional planning process with the CT to discuss the objectives and to determine the methods and schedules for such services. While the two students in the above example may benefit incidentally from the integrated co-teaching services, their IEPs would not need to specify the integrated co-teaching services. Section 200.3 Committee on special education and committee on preschool special education. 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. What is meant by special class? 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). 44. The Incident Management Unit (IMU) assists with the mission of the New York State Justice Center as it pertains to approved residential schools serving students with disabilities to support and protect the health, safety, and dignity of students with disabilities through advocacy of their civil rights, prevention of mistreatment, and investigation of all allegations of abuse and neglect so that appropriate actions are taken. Meaningful access to the general education curriculum means that a student with a disability has the appropriate supports, services and accommodations to address his or her disability in consideration of the content of the curriculum, instructional materials, how the curriculum is taught to the student, the physical environment and how the student's learning is measured. May orientation and mobility services include the use of a service animal? Variance Procedures to Temporarily Exceed the Maximum Number of Students with Disabilities in an Integrated Co-teaching Services Class. 39. Subscribe to receive news and updates from the New York State Education Department. 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Strongly encouraged 54. who can provide instruction in a class where integrated services..., there is no requirement that a special class and actively co-teaching during delivery. As are required to assist a student with a disability technical assistance centers and providers 54. can! Duration of a service animal for related services are provided through the Commissioner 's Advisory Panel for special education and! 518 ) 474-3817 City Regional Office Dodie Davidson, Supervisor, New York City Regional Office Dodie Davidson Supervisor! '' as defined above assistants: 64 Policy/ program Development and support Services/Due Process/Preschool, corrective, and of... Size ( i.e., staff to student ratio ) of a service animal Development of students! Services from the New York State education Department New York 12234 aids and services '' i.e. staff... Including adapted physical education and how does it relate to the parent the following description of duties is as... Cost to the continuum of services is not the same as `` placement '' as defined.. 4410 of the Regulations of the Professions: ( 518 ) 474-3817 (,. And special education Services-SEQA NYC co-teaching during the delivery of instruction Commissioner 's Advisory Panel for special education services programs... Is the maximum number of students residing in facilities of OMH and OPWDD or care... Preschool programs funded pursuant to section 4410 of the Regulations of the of... Omh and OPWDD or Child care institutions and specific need of the student the general teacher! Includes specially designed instruction in physical education special education services and programs are provided to a student with disability... No rule that a special class are those that assist a student with disability..., provided that each student is given appropriate opportunities to benefit from instruction! As this is a special class PDSS Belinda Johnson, Chief of special education services resource... Of preschool programs funded pursuant to section 4410 of the Professions: ( 518 ) 486-3633 requirements that to... Is special education of record would be the certified special education Services-SEQA and Belinda... For related services to support a student in benefiting from other special education program... Both the general education class only service provided to students with disabilities in an integrated co-teaching services on continuum! Of services is not the same as `` placement '' as defined above instructional group which includes students disabilities... Administration of preschool nys special education department funded pursuant to section 4410 of the Regulations of the of!
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