In general, only minor changes in the IEP should be made without an IEP team meeting. Changes in the student’s program recommendations and changes that require the participation of the school psychologist on the IEP team cannot be made without a meeting. Before an IEP can be amended without an IEP meeting, the IEP team must clearly describe all proposed changes on the Waiver of IEP Meeting to Amend IEP form (in SESIS), which must include a clear description of all proposed changes, and send the form to the parent. Additionally, the IEP team designee must discuss with the parent any and all changes that are being considered. If the parent does not agree to the proposed changes, the changes cannot be made without an IEP team meeting. Refer to the section on Amending the IEP without a Meeting section of the DOE’s Special Education Standard Operating Procedures Manual (SOPM) for more information.

For all subjects for which a student’s IEP does not recommend special education services, the student must receive instruction in a general education class with his/her peers who do not have disabilities. See more information: http://www.uft.org/files/attachments/principals-weekly-special-class.pdf.

For special class, SETSS, ICT, and related services, students with disabilities must be grouped by similarity of individual needs, so that the provider may address the needs of each student in the group. Each student’s characteristics in the following areas must be considered: academic achievement, functional performance and learning characteristics; social development; physical development; management needs. Students with different disability classifications may be grouped together.

ICT is an instructional model that allows students with disabilities to be educated with age‐appropriate peers without disabilities in the general education classroom with the support of a special education teacher to deliver specially designed instruction and accommodate and modify instruction, as needed. One general education and one special education teacher share accountability for the planning, delivery of instruction, and assessment for all students.

Teachers collaboratively plan, prepare, and facilitate lessons, activities, and projects. Co‐teachers must be provided regular common planning time during the work day (i.e., time dedicated for Professional Development; time dedicated for Other Professional Work; professional activity assignments; and prep periods). They should also participate together in professional development to learn the various models of co‐teaching and the appropriate uses and limitations of each model.

According to the 2023 contract, ​​schools with professional activity periods will prioritize assigning special education teachers to common-planning time as their activity. Teachers can also choose to spend Other Professional Work time or prep periods on common planning. Any lack of common-planning time should be raised at a meeting of the school’s Special Education Committee with the principal.

ICT may be provided full‐time, for less than the entire day, or on an individual subject basis, as set out in IEP recommendations based on each student’s individual need.

In New York City, the maximum number of students with disabilities in an ICT class may not exceed 40% of the total class register. State regulations limit the total number of students with disabilities in an ICT class to 12. The 40% limit and total of 12 includes any student with a disability in the class, regardless of IEP recommendation.

If the school has an appropriate ICT class, but cannot place a student without exceeding the New York City and State limits, and no other appropriate options to serve the student or other students in the class have been identified, the school can submit a variance notification or request, as appropriate, for review by the ASE. Additional information about variance procedures is available in the Placement section of the DOE’s Special Education Standard Operating Procedures Manual under the variance heading.

Chapter 408 refers to state law and corresponding regulations requiring that:

1. each provider responsible for implementing a student’s IEP (including general and special education teachers, related service providers, and other service providers), be provided with electronic access to, or a copy of, the student’s IEP prior to the IEP’s implementation;
2. the student’s IEP remain confidential; and
3. each staff member responsible for implementing the student’s IEP (including the paraprofessional) is informed of their specific responsibilities in order to ensure proper implementation. Each paraprofessional must have the ongoing opportunity to review a copy of the student’s IEP.

Additional information about Chapter 408 can be found in the General Information & Terms section of the DOE’s Special Education Standard Operating Procedures Manual.

No. Professionals who are obligated to provide services as mandated on IEPs (including special education teachers, general education teachers in ICT classes, related service providers, and paraprofessionals) must serve each student as mandated and may not be assigned to other duties (such as exam scoring or coverage/proctoring for other classes) that would prevent them from doing so, except in extraordinary circumstances. Substitute coverage for both general and special education teachers must be arranged when being asked to score exams.

The DOE has 60 calendar days to evaluate a child after receiving parent consent and 60 school days from consent to evaluate to provide the placement recommended in the initial IEP. If the child is receiving special education services, the DOE must provide the recommended placement within 60 school days of the referral for reevaluation. Additional information about special education timelines can be found in the General Information & Terms section of the DOE’s Special Education Standard Operating Procedures Manual under the Timelines for Evaluation and Placement heading.

A teacher, or other professional staff member, may request that a child be evaluated by completing the Request for Referral form (in SESIS). After receiving the request, the principal must take one of two actions within 10 school days: (1) request parental consent to evaluate or (2) provide the parent with a copy of the request and offer the parent the opportunity to discuss the request with the building administrator and the professional staff member who requested the referral. Additional information about professional staff members’ right to request that a student be evaluated for special education services may be found in the Request for Initial Referral section of the DOE’s Special Education Standard Operating Procedures Manual.

A student’s teacher or related service provider may make a referral for a reevaluation. Additional information about reevaluations can be found in the Reevaluation section of the DOE’s Special Education Standard Operating Procedures Manual.