What's New

You can keep up-to-date about the most recent developments in special education in New York City public schools in this section.

UFT tells Regents: Don’t dilute IEP school psychologist, evaluation and decertification requirements

August 2011

UFT members who work with students with disabilities have expressed deep concerns about special education cost-saving proposals currently being weighed by the state Board of Regents. The Regents are considering whether to recommend legislation to remove school psychologists from IEP teams, eliminate requirements for certain assessments as part of the initial evaluation and do away with planning and support services for students who are decertified.

The latest “mandate relief” proposal was panned by UFT school psychologists and members of the parent and advocacy community at a June 27 hearing in Brooklyn and by Vice President Carmen Alvarez in formal written comments submitted in July. If this proposal is adopted, in addition to removing the school psychologist as a required member of the IEP team, teams will no longer have information provided by an individual psychological assessment, physical examination, social history and observation when determining eligibility for special education services, developing IEPs and recommending services. Nor would teams have the benefit of functional behavioral assessments when recommending positive behavior supports for students with challenging behavior. The net effect of these proposals will be to rob children of the comprehensive, expert evaluations that they need and deserve, marginalize school psychologists and school social workers, and increase disciplinary suspensions.

The union also opposes repealing planning requirements and support services for students who are decertified. This proposal is penny wise and pound foolish as elimination of decertification support will lead to fewer and later decertification recommendations.

The State Education Department is analyzing the testimony and written comments in preparation for making recommendations to the Regents. The Regents expect to revisit the issues at their November meeting.

Read the Regents’ full proposal >>

Public Advocate De Blasio and ARISE Coalition launch “Students with Disabilities Month” with a survey and speak-outs for parents and guardians of children with special needs

April 2011

Public Advocate Bill de Blasio is seeking information from parents and guardians of children with disabilities through a comprehensive new survey. The survey asks parents about their confidence in their child’s ability to graduate with a Regents diploma, agreement with their child’s IEP, the impact of special education reforms, the responsiveness of their child’s school to their concerns and satisfaction with school transportation.

ARISE is inviting parents and guardians of children with special needs to speak-outs to share their experiences with the education their children are receiving. Elected officials and members of the press have been invited to listen.

See the English-language flier >>

See the Spanish-language flier >>

The dates and locations of the speak outs are as follows:

Bronx – April 7, 6 – 8 p.m. at 4419 Third Avenue, Suite 2C, Bronx
Co-Sponsored by the Bronx Independent Living Services

Queens – April 11, 9 – 11 a.m. at 25-09 Broadway, Astoria
Co-Sponsored by Parents for Inclusive Education and Advocates for Children

Manhattan – April 12, 10 a.m. – 12 p.m. at 2082 Lexington Avenue, 4th Floor, Manhattan
Co-Sponsored by Sinergia

Staten Island – April 27, 6 – 8 p.m. at 1050 Forest Hill Road, Staten Island
Co-Sponsored by Parent to Parent NY, Inc.

Brooklyn – April 28, 6 – 8 p.m. at the Brooklyn Public Library, Grand Army Plaza, Brooklyn
Co-Sponsored by United We Stand and the Brooklyn Center for the Independence of the Disabled

The UFT is a member of the ARISE Coalition and encourages members to support coalition activities.  More information about the ARISE Coalition and the speak-outs can be found on the ARISE Coalition website. 

“Intellectual Disability” Replaces “Mental Retardation” in State Regulations

March 2011

Effective March 30, 2011, state education regulations were amended to change the term “mental retardation” to “intellectual disability.” When SESIS programming changes have been completed, CSEs and school teams will use the term “intellectual disability” in place of “mental retardation” for student special education classifications on IEPs and other related documents. This change was made in consideration of the federal statute “Rosa’s Law,” which made the language change in federal statutes including IDEA, No Child Left Behind and the Higher Education Act and the Rehabilitation Act of 1973. This language change does not affect coverage, eligibility, rights, responsibilities or other definitions in federal or state statutes.

ARISE Coalition releases new report “Out of School and Unprepared: The Need to Improve Support of Students with Disabilities Transitioning to Adulthood”

March 2011

A review of over 200 IEPs for students with disabilities who were entitled to receive transition planning and supports at their schools during the last three years showed widespread non-compliance with legal requirements and failure to engage with students and families.  The report recommends making sure diploma goals are always included in transition plans; increasing access to information about post-secondary/transition programs and options and teaching self-advocacy skills.  

Read the report >> 

New special education mandate relief proposals target requirements for school psychologists on CSEs, specific evaluations, statute of limitations for commencing impartial hearings and other issues

March 2011

In what has become an annual rite of spring, the New York State Regents are considering another round of special education mandate relief proposals. Among the proposals that were discussed at the April 2011 Regents meeting were proposals to eliminate the requirement for school psychologists and parent members on CSEs and to remove the requirement for an individual psychological evaluation, social history, observation, other appropriate evaluations and functional behavioral assessment when behavior impedes learning as part of an initial evaluation. The Regents Subcommittees on State Aid and P-12 Education voted to support legislative action to reduce the time within which a parent or district must request an impartial hearing from two years to one year, and to 180 days when the parent seeks tuition reimbursement.

School psychologists could not be removed as members of the CSE without a change in state law. The same is true for changing the statute of limitations. Removal of the requirements for specific evaluations would require a change in the Part 200 regulations. Although regulatory changes are sometimes expedited through “emergency action,” they are typically published in the State Register and subject to hearings and public comment.

In New York City, the Jose P judgment requires a school psychologist as part of the school-based team. Subsequent orders and stipulations establish staffing requirements, clerical support, supplies and other requirements that pertain to the school psychologist position.

The UFT and NYSUT are monitoring all special education mandate relief items closely at the Board of Regents and in the state Legislature. You will receive notification on this website as well as an alert by email if action becomes necessary.

State and city implement new state regs for ICT/CTT classes and speech services

January 2011

When the State Board of Regents last summer proposed “cost containment” measures for special education that we knew would hurt kids, our members put up a good fight. Record numbers of New York City teachers, speech providers and parents told the regents how these changes would affect their classrooms, their kids and the quality of services they provide.

In the end, the Regents voted to change state regulations, effective Dec. 8, 2010, to eliminate minimum service requirements for speech and language services. The new state regulations also allow schools to add an additional 13th student with a disability to a collaborative team teaching (now called integrated co-teaching or ICT) class by notifying the State Education Department and to add a 14th student to a ICT class only with prior approval by the State Education Department.

It’s important to know how these changes should be implemented so principals do not take this as an opening to do further harm to kids with disabilities. UFT members’ testimony and written comments compelled the State Education Department to respond to our concerns in writing and issue implementation guidelines. Here are the highlights:

• Most students will continue to require speech services at least two 30-minute sessions a week.
• Students who need speech less than twice a week are now eligible for services.
• Consultations and other indirect services are not considered “related service” to the student.
• Schools cannot unilaterally reduce the frequency of services, nor can they make service decisions solely on factors such as budget, staffing or administrative convenience.
• Schools must begin the school year with no more than 12 students in ICT classes.
• Schools can exceed the maximum of 12 students with disabilities in ICT classes “only when exceptional circumstances arise.”
• Schools may not routinely apply for waivers.

A city DOE memo reinforced these state guidelines along with existing rules regarding the composition of ICT classes in New York City public schools. The DOE memo states that “NYC will continue to adhere to its policy, whereby the maximum number of students receiving ICT services in a class cannot exceed 40% of the total register of the ICT class.” It also states that the addition of a 13th student to an ICT class “should be used infrequently.”>

The variance form requires schools to provide the educational justification for adding the student to an ICT class and to describe the age and functional levels of the students with disabilities in the class and how the additional student would affect the functional grouping. The Commissioner may revoke or preempt any increase in the number of students with disabilities in an ICT class beyond the regulatory maximum of 12 if he finds that the increase “would fail to be consistent with appropriate special education.”

The DOE will not implement the new procedures until the state Ed Department has created new variance forms and directions, which we will post on the UFT website as soon as they become available.

Regents vote to cut services to special ed students

Nov. 2010

Despite months of protest, tens of thousands of letters and e-mails and passionate testimony by parents and educators, the New York State Board of Regents voted on November 16 to implement a series of “cost containment” proposals that affect some of the most vulnerable students.

The service cuts will allow schools to place more than 12 students with IEPs in integrated co-teaching (CTT) classes, eliminate minimum frequency and duration requirements for speech therapy services (currently two thirty-minute sessions a week) and eliminate certain instructional services for students with autism.  They are being made solely for purposes of saving money, regardless of the widely acknowledged harm they will do to students with disabilities.

Led by the UFT’s Speech Improvement Chapter, UFT members mobilized in the spring and again in the fall to demonstrate to the Regents just how counterproductive these measures will be. They sent over 76,000 e-mails, testified at a September hearing and submitted written comments to the Regents.

Parents and educators alike anticipate that without the stricter mandates, principals will look to cutting speech therapy and increasing ICT (CTT) class sizes as a way to deal with tightening budgets.

Union launches Raise the Bar campaign

Nov. 2010

In 2009, the UFT began its “There is NO EXCUSE” campaign to ensure that students with IEPs were receiving all the services and support to which they were entitled. We are continuing that work and taking it to the next level with the Raise the Bar campaign: we want to make sure that kids are not just getting the services they are mandated to get, but actually getting the support they need to succeed.

Special education programs exist to ensure that all of our city’s children, including those with disabilities and challenges, have the opportunity for an education and the chance to reach their full potential. There are federal, state and city laws, regulations and procedures in place to ensure that special ed students get the assistance and services they need and deserve. The UFT is committed to a proactive approach to making sure kids get what they need

Over 3,190 special ed complaints have been filed since the launch of the NO EXCUSE campaign, which brought critical attention to the needs of IEP students , educated parents and engaged teachers and related service providers as advocates for children. Raise the Bar continues that work. As before, we are asking all UFT members and parents to report any violation you see. But we are doing more than that. We are asking if students are progressing to meet their grade-level standards and meeting the goals spelled out on their IEPs. If not, we need to demand that IEP teams be reconvened and new plans put in place so that children can actually succeed.

For more information and what you can do to participate, visit the campaign page.

DOE clarifies the duration and location of related services

May 2010

Please make sure you're aware of an important May 26, 2010 memo issued by District 75 Superintendent Bonnie Brown that clarifies two longstanding issues regarding travel time and location of service for related services. Read or print out the memo.

According to the memo, travel time may not be included as part of the direct service time for students receiving related services and students with disabilities who receive instruction in special (self-contained) classes may receive related services in a location outside of the special education class. If your school is not following these policies, please notify the union by filing an online Special Education Complaint.

The memo is directly addressed to District 75 principals and staff, but the same rules apply to ALL district schools. If you have any questions or concerns, please contact your chapter leader.

Special Education Student Information System

May 2010

The DOE began rolling out a new special education data management system on a pilot basis in 90 schools in May 2010. SESIS, short for Special Education Student Information System, will eventually capture and integrate all of the information now held in CAP and SEC. Of more interest to members, SESIS includes online versions of a variety of special education forms currently found in the appendix to the Standard Operating Procedures Manual (SOPM) as well as a new online Individualized Education Program (IEP).>

The format of the new IEP will be quite different from the one that has been in use for over a decade. In general, it tracks the model New York State IEP which all school districts will be required to use in the 2011-12 school year.

Other features of the new system include:

1. Real time access to student records including the IEP — which means less time looking for records and the ability to transfer information between schools electronically
2. Pre-populated data — which means less time entering demographic and other information that is already available in ATS and other systems
3. Embedded professional development — which means that guidance on topics like SMART goals and test accommodations will be readily available
4. Guided actions — which ensures that all required components are completed before the IEP is finalized

We are very excited about SESIS, but we recognize that there are many issues that will need to be addressed — such as availability of computers, training on how to use the system, pressure on members to work outside of the normal work day, and changing roles and responsibilities of some school personnel. The DOE has agreed to do a preview of the system for members at a Special Education Committee meeting. Look for the meeting announcement on this website.

NYC DOE’s Special Ed Reform Initiative

January 2010

In January 2010, the chancellor announced a plan to enable “the vast majority of children with disabilities to attend their zoned schools or, in the upper grades, the schools of their choice.” The plan, which will be phased in over the course of two years, is designed to reflect the following four principles:

• The overwhelming majority of children with disabilities should attend the schools they would attend if they did not have Individualized Education Programs (IEPs).
• IEPs should emphasize long-term educational outcomes.
• Schools should have the curricular, instructional and scheduling flexibility to meet the diverse needs of students with disabilities.
• Schools must be active partners with parent of students with disabilities.

A total of 265 schools in 10 networks will participate in the first phase of the initiative. In April 2010, NYC DOE Deputy Chancellor Laura Rodriguez wrote to the Phase I schools. In her letter, she asked schools “in collaboration with parents and through the IEP process” to “refine instructional programs by taking a fresh look at the strengths and needs of students with disabilities.” The Division of Students with Disabilities and English Language Learners has undertaken a number of activities to prepare networks and schools for the work ahead. These activities were summarized in another DOE letter sent directly to each of the principals in the Phase I schools in July 2010.

We support the intent of this initiative, but we have concerns about how it is being implemented. We have contacted chapter leaders of the Phase I schools and offered them the opportunity to meet with UFT Vice President Carmen Alvarez and her staff to learn about the initiative and discuss what is happening in their schools to support it. Additional meetings will be held in the fall. We are also working very closely with our colleagues in the parent and advocacy community through the ARISE Coalition. An August 2010 update on the reform of special education on the ARISE website provides important information about what should — and should not — be happening in schools as this reform moves forward.

If you are in a Phase I school — or in a non-Phase I school that is trying to get ahead of the curve — we are very interested in hearing your experiences. Contact the office of Carmen Alvarez, UFT Vice President for Special Education, at calvarez@uft.org.  Members in Phase I schools in Brooklyn, Staten Island and Manhattan may also contact Emma Mendez at emendez@uft.org. Members in Phase I schools in the Bronx and Queens can contact Lisa Mendel at lmendel@uft.org.