APPENDIX B
NEW CONTINUUM DISPUTE RESOLUTION

  MEMORANDUM

TO: All Superintendents, Executive Directors, Principals, Assistant Principals, UFT District Representatives, UFT Chapter Leaders, CSA Chairpersons

FROM: Francine B. Goldstein, Chief Executive, School Programs and Support Services

SUBJECT:  Special Education Services Dispute Resolution Process

Special education reform and the adoption of a revised Continuum of Special Education Services by the Board of Education will over time have a positive effect upon the number of students with disabilities participating in general education settings or less restrictive settings when special education services are required.  In our efforts to reform the system, however, we must be mindful of our legal and regulatory responsibilities to consider each child individually and preserve the procedural safeguards provided for in Commissioner’s Regulations.

In order to resolve issues that arise regarding special education services, we have agreed with the UFT on to a dispute resolution process to resolve issues at the local level, if appropriate. The issues that are appropriate for this dispute resolution process are:

• Failure to provide services in accordance with the student’s IEP;
• Actions inconsistent with State regulation and Board policy regarding referral of students for special education multidisciplinary assessment;
• Movement of a student(s) to different special education services without the prior mandated IEP meetings as required by law;
• IEP teams being denied access to SBST input, if requested by the IEP team; and,
• IEP teams members and SBST members being inappropriately influenced to recommend specific services, group size and/or location of services for individual students.;
• The placement of an inappropriate number of students with IEPs whose management needs are severe and chronic requiring intensive, constant supervision, a significant degree of individualized attention, intervention and intensive behavior management in a general education class with one teacher. ;
• Educationally inappropriate distribution of IEP students in general education classes with one teacher, on a grade level and subject area.
• Teachers being denied their request for an expedited review for a student who they suspect is educationally inappropriate for their general education class.

It is important that if issues arise, they be resolved as locally and expeditiously as possible and, therefore, it is expected that issues particular to a specific school will be brought to the building principal.  The principal will schedule a meeting within five school days of being presented with the issue in dispute with a view toward resolving the matter at the school level.

At this meeting, the staff member(s) may be accompanied by a UFT member of his/her choice. The principal will resolve the matter at the school level within five school days.  If, however, the matter cannot be resolved at the school level within five school days, the issue can be brought to the Superintendent utilizing the enclosed form.

The superintendent or designee will schedule a meeting within five school days with the requestor(s), the UFT district representative, the UFT Functional Chapter Chairperson, if appropriate, the principal/designee and district staff as selected by the superintendent.  The issue will be resolved at the meeting or, if necessary, within two school days.  If resolution does not take place, the Union may request a meeting with the Chief Executive for School Programs and Support Services in order to finally address the matter.  That the meeting will take place within five school days of the request and copies of the resolutions will be made available to the parties

Please find enclosed a form which must be utilized for requesting the principal’s or superintendent’s intervention.  Please make school staff aware of these procedures.  Thank you. This dispute resolution process will remain in effect until the parties agree to change it.  Labor management meetings will be convened to resolve implementation issues that may arise upon request of either party.

FBG : j c
Enclosure
c: Harold O. Levy; Judith A. Rizzo; Randi Weingarten , UFT; Jill Levy, CSA

N.B. Questions regarding special education policy and procedures attendant to the Continuum of Special Education Services may be addressed by referring to the following documents:

• Special Education Services as Part of a Unified Service Delivery System (The Continuum of Services for Students with Disabilities)
• ‘Getting Started’ (Implementation Guidelines for the Continuum of Services)
• Creating a Quality IEP
• Ensuring Appropriate Referrals to the Committee on Special Education
• A Parent’s Guide to Special Education for Children Ages 5-21