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.

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.

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.

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.

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.

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.

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.

All special education program and service recommendations are made by the IEP team during the IEP meeting. All members of the IEP team, mandated or not, may participate in the meeting in full. IEP teams are expected to reach their decision through a consensus building process. This does not mean that all members of the IEP team must agree, but rather that they have, through careful review of all information and perspectives, developed recommendations that are appropriate for the student. If the IEP team cannot reach consensus on the recommended program and services, the District Representative makes the final determination.

Participation requirements differ based on the purpose of the meeting; refer to the IEP Team section of the DOE’s Special Education Standard Operating Procedures Manual (SOPM). When a general education teacher is a required participant in an IEP team meeting, he or she must be present for the entirety of the meeting unless the teacher is excused from all or part of the meeting through written parental consent at least 5 days prior to the meeting. The same rule applies for special education teachers who are required participants. See related DOE Special Education Policy Guidance » 

A counseling memo is designed to advise you of a rule or policy. It cannot include or threaten disciplinary action, as a letter in the file can. Counseling memos can be used as part of a disciplinary process only to show that you were notified of the rule, whereas letters in the file may be used to support an unsatisfactory rating or other discipline.