What's new in special education
Read the new DOE guidance on changes to IEPs
New York City is under a state-ordered Corrective Action Plan for special education violations. Federal and state laws require that decisions about IEPs be made on an individual basis — not based on the needs of the school, as UFT Vice President MaryJo Ginese pointed out in a recent email sent to UFT chapter leaders, special education teachers, social workers and psychologists and school counselors. Now, the Department of Education is reinforcing the union's message. Educators of students with disabilities should be aware the DOE has released new guidance to principals for implementation of IEPs. Specifically, the DOE said that all IEP recommendations must be determined by, and designed to address, the student’s individual needs. Recommendations cannot be based on the services currently offered in your school, budget considerations, availability of staff or space limitations, if those services do not meet the student’s needs in their least restrictive environment. Each student’s IEP recommendation must be made by a duly constituted team, whose members may not be selected for the purpose of ensuring a particular recommendation or discouraging IEP team members from expressing their opinions on the student’s needs. See the full DOE guidance on implementation of IEPs. See the DOE’s Standard Operating Procedures Manual for special education for more information. Please use this online form to report to the UFT about mass changes to students' IEPs and directives by administrators or staff that restrict the decision-making responsibilities of IEP teams.
Early childhood summer intensive reading program pilot
The DOE’s Division of Specialized Instruction and Student Support will be piloting an early childhood intensive reading summer program in districts 9, 14 and 19 this summer. The program will target kindergarten and first grade students that show signs of difficulty with phonemic awareness, phonics and/or fluency. It will operate in eight buildings with summer school programs, 14 participating schools in all. Each class will have 20 students, 12 of whom are general education students and 8 of whom are students with disabilities. Classes will be led by two teachers, one of which is a general education or speech teacher and the other a special education teacher who is a centrally funded IEP teacher. The teachers will use research-based reading interventions. The program will run four hours a day, four days a week for six weeks. Teachers will be in session for six hours. They will use the additional time to review student work and data, plan and participate in professional development. The DOE anticipates implementing this instructional model during the school year at a future date.
The program description provides additional information about the summer buildings where the program will be offered, participating schools, number of classes, student selection, intervention strategies and other matters.
See the postings:
Feel free to reach out to Vice President for Special Education MaryJo Ginese at firstname.lastname@example.org if you have any questions.
Important information about IEP translation
As provided in the Standard Operating Procedures Manual, parents whose primary language is not English may request the DOE to translate their child's IEP and evaluation reports. Additionally, during the 2018-19 school year, the DOE began piloting a new centralized approach to IEP translation in Districts 9, 24 and District 75. In these districts, IEP translations are provided at no cost to the school. We recently learned that the pilot will continue in these districts in the 2019-20 school year with a goal of maximum parent participation.
Parent participation in pilot districts is vitally important as it will guide future translation services. Here is what you need to know:
Eligible families must have a child with a school-aged IEP developed during the current (2018-19) school year or the next (2019-20) school year who:
- Attends a DOE or charter school in District 9, District 24 or District 75; or
- Is turning 5 years old in 2019 or 2020 and lives in District 9, District 24 or has their turning-5 IEP meeting at a District 75 school
Parents must affirmatively ask for the translation via one of these three paths:
- Online by visiting the DOE website
- By phone at 718-935-2013
- By asking their child's school to make the request
Whether or not you are in a pilot district, you can support parents of school age students with IEPs whose primary language is other than English by:
- Discussing the availability of translated IEPs with parents during parent engagement time or when other opportunities arise;
- Making sure that parents of children newly referred for special education evaluation know that they can request translated IEPs and evaluation reports;
- Encouraging your school to get this information out to families;
- Supporting parents who speak languages other than English who need help requesting or obtaining this important information at their child's next IEP team meeting.
The IEP the vehicle by which parents, teachers, related service providers and school administrators work together to address the educational and disability related needs of students with disabilities. Information about parents' right to IEP translation can be found on the following public-facing sections of the DOE website:
Information about the right to request interpretation at an IEP meeting is located in the IEP Meeting section. If you are directed not to inform parents of their right to translated IEPs or interpretation services, please let us know. will help you secure these important services for your students and their families. If you have any questions or need additional information or support, please contact UFT Vice President for Special Education MaryJo Ginese at email@example.com or call 212-598-7706.
Exciting news for students with accessibility needs and their families
In December 2018, the DOE announced that students with verified accessibility needs will receive priority in admissions at fully or partially accessible buildings. This is particularly good news for students with accessibility needs and their families. Read more about the new policy »
District 75 inclusion
Do you have a District 75 inclusion program in your school? Have you heard about District 75 inclusion or District 75 SETSS? Are you interested in learning more about how the program is designed and how District 75 and community schools work together to deliver instruction to District 75 students in general education or integrated co-teaching classes? Listen to Colin Montgomery, a family educator with our ARISE Coalition partner Include NYC, interview Ruchika Chopra, the director of inclusive education programs for District 75, in this webcast. The interview addresses the history of the program, service availability across grade levels, student eligibility, staffing, District 75 support for community school educators, paraprofessional responsibilities, how the service is reflected on the IEP, how District 75 SETSS differs from the SETSS model in community schools, work based options for high school students, college based programs and more. If you have questions after watching the webcast, please contact UFT VP for Special Education MaryJo Ginese at firstname.lastname@example.org.
New guidance on students with dyslexia, dysgraphia and dyscalculia
The New York State Education Department released new guidance in August 2018 on the unique educational needs of students with dyslexia, dysgraphia and dyscalculia. Responding to legislation adopted in 2017, this guidance clarifies that school districts may reference or use the terms dyslexia, dysgraphia and dyscalculia in evaluations, eligibility determinations, or in developing an individualized education program (IEP) for an IDEA eligible student. Guidance documents include: Meeting the Needs of Students with Dyslexia, Dysgraphia and Dyscalculia; Identification of Students with Learning Disabilities within a Multi-Tiered System of Support; and Students with Disabilities Resulting from Dyslexia, Dusgraphia and Dyscalculia: Questions and Answers.
Special Education Standard Operating Procedures Manual (SOPM)
The “everything you wanted to know, but were afraid to ask (or didn’t know where to find)” document for special education is now online with a functioning and easy to use table of contents! Check it out. The DOE wants feedback. So, if there is anything you see that requires clarification, needs to be added, or strikes you as “un-doable,” let us know.
The UFT has developed a guide that has pages from the new SOPM with passages highlighted that are of particular interest to members. Topics covered include parent referrals and staff requests for referrals; timelines for evaluation and placement and caution about waiving three-year reevaluations; who needs to attend IEP team meetings and for how long; recording IEP team meetings; admonitions about selection of the district representative; limitations on changing IEPs without a meeting; and information about training requirements for IEP assigned paraprofessionals, particularly behavior support and health paraprofessionals.
High leverage practices in special education video series
A recently launched video series showcases special educators using high leverage practices to meet the individual needs of real students, in real classrooms, at different levels of intensity. The videos, developed by the Council for Exceptional Children in partnership with the Collaboration for Effective Educator Development, Accountability and Reform (CEEDAR), highlight research based practices in a variety of settings, subject areas, grade levels and student needs. HLPs addressed in the first four videos are 1) Provide Positive and Constructive Feedback to Guide Students' Learning and Behavior; 2) Systematically Design Instruction Towards Learning Goals; 3) Use Explicit Instruction and 4) Use Strategies to Promote Active Student Engagement. Less than 20 minutes in length, the videos are a good resource to enhance professional learning. Learn more about all 22 HLPs in special education »
Testing accommodations for students with disabilities
This new testing accommodations guidance document supersedes the guidance in NYSED’s May 2006 Test Access and Accommodations for Students with Disabilities. Updates in the guidance document cover areas including: computer-based testing, assistive technology accommodations, tests read, use of spell-check devices/software, procedures on the use of a scribe and multiple day test administration. This guidance document should be used in conjunction with the School Administrator’s Manuals for all assessments and examinations included in the New York State testing program.
New safety net graduation option [UPDATED]
In December 2017, the Regents expanded the superintendent determination safety net option for students with disabilities. Under this new option, students with disabilities who have not earned a minimum score of 55 on the ELA and/or Mathematics Regents examinations, or did not initiate an appeal of a score between 52 and 54 to meet the eligibility requirements for the superintendent’s determination option, may satisfy the eligibility conditions by completing the requirements for a Career Development and Occupational Studies (CDOS) Commencement Credential. Students with IEPs who satisfy the new eligibility requirement, are able to earn a local diploma if student has passed all required courses and the superintendent determines that the student has otherwise demonstrated proficiency in the “knowledge, skills and abilities” in ELA and/or mathematics as well as any other subject for which there is a required Regents examination. Recognizing that many students with disabilities have not had access to all of the coursework and work based learning experiences needed to earn the CDOS Commencement Credential, principals have flexibility in awarding the credential to students who have not fully met the requirements for the 2017-18 and 2018-19 school years.
In June 2018, the Board of Regents approved the permanent adoption of regulatory amendments expanding the superintendent’s determination option. A NYSED memo explaining the change was disseminated in August 2018. Attachments to the memo include Information on a Superintendent Determination Option for Graduation with a Local Diploma; Sample Parent Request for Superintendent Determination Option for Graduation with a Local Diploma; and updated Questions and Answers on the Superintendent Determination Option.
This updated chart describes safety net options available to students with disabilities to graduate with a local diploma.
A public comment period is required prior to final adoption of the amended regulation. The UFT submitted comments generally supporting a non-examination based pathway while offering several recommendations to strengthen the credential.
Updated promotion policy for students with disabilities in grades 3 to 8
The DOE recently updated the promotion policy for students with disabilities in grades 3–8 who participate in standard assessments. Under the new policy, promotion decisions for most students with disabilities will be based on grade level promotional benchmarks. Student progress toward meeting those benchmarks will be based on multiple measures. The expectation is that most students with disabilities will have standard promotion criteria.
Modified promotion criteria will still be available, but only for students whose rate of progress is very slow and who require significant modifications to participate in the general curriculum. For these students, promotion decisions will be based on progress toward meeting rigorous annual goals in ELA and math rather than the CCLS checklist.
In most cases, changes in promotion criteria will be considered at each student’s next regularly scheduled IEP team meeting. A FAQ on the promotion guidelines addresses many of the questions that are expected to come up about this policy shift. Information for families about the updated policy is also available.
Schools are responsible for defining and communicating to staff, students and families the grade-level promotion benchmarks that will be used to determine whether students have mastered the content and skills they need to successful in the next grade together with the multiple measures that will be used to assess student progress at the beginning of the school year. Detailed information about the promotion process, including promotion benchmarks and measures of performance is available in the DOE’s Promotion Implementation Guide.
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