Viva88

1. Is it appropriate to list the current medications that a student is taking on the Student Information Summary form?

A school district should consider a student’s right to confidentiality of medical information before including such information on a form that would be available to school personnel.�� Health-related information included in a student’s present levels of performance and/or on the optional Student Information Summary form should include only information school personnel would need to know to implement the student’s IEP.

2. Why isn’t there a place for the parent or guardian name on either the example of the optional summary form or on the IEP model form?

Section 200.4(d)(2) of the Regulations of the Commissioner of Education does not require that the parent or guardian name be in a student’s IEP.However, the district may choose to include this information on the optional Student Information Summary.

3. If a district chooses to put addresses on the Student Information Summary form, and a student's address happens to change, does a new IEP have to be created?�� Does any change within this Summary Page constitute a new IEP? (Added 4/11)

The Student Information Summary form is not a required component of a student’s IEP. As an optional form, districts have discretion to use it to supplement the information included in a student’s IEP.�� If such a form is used, changes to information on the Student Information Summary form should be kept up to date but would not require a new CPSE or CSE meeting or be considered an IEP amendment.

4. Can districts add additional information to the optional Student Information Summary form if they so choose? (Added 4/11)

Yes.

5. Can the Student Information Summary form be multiple pages in length if need be? (Added 4/11)

The Student Information Summary form is provided only as a model form.�� It may contain information that districts and parents feel to be important, but which is not required by law or regulation to be included in a student’s IEP.�� School districts may modify the State’s model Student Information Summary form to add or replace the suggested fields as they deem appropriate.�� In doing so, the form may extend beyond the single page model.

1. Where is a diagnosis of Asperger Syndrome documented in a student’s IEP?

A ‘diagnosis’ such as Asperger Syndrome could be documented on the optional Student Information Summary form and/or in Present Levels of Performance.

2. The State IEP form does not reference declassification. ��Where should recommendations upon declassification (including, as appropriate: testing accommodations; the student’s eligibility for the diploma "safety net;" the student’s continued exemption from the World Languages requirement; and needed declassification support services to be provided to the student and/or the student’s teachers during the first year after the student is declassified) be documented?

The State’s model IEP form only includes information that is required by law or regulation to be included in a student’s IEP.�� There is no requirement in law or regulation to include information related to declassification in an IEP.���� However, the Committee must document its recommendations made upon declassification of the student to the board of education and in prior written notice to the student's parents.��

Any recommendations relating to declassification must be provided to the board of education by the CSE.�� The recommendation must:

• identify the declassification support services, if any, to be provided to the student and/or to the student’s teachers; and
• indicate the projected date of initiation of such services, the frequency of provision of such services and the duration of such services, provided that such services shall not continue for more than one year after the student enters the full-time general education program.

Other recommendations, including those that will continue upon the student's declassification such as the student's continued eligibility for the "safety net" World Languages exemption, should be included in the notice to the Board of Education and in prior written notice to the parent.

3. In the current question and answer document, there is a question about "where is a diagnosis of Asperger Syndrome documented in a student’s IEP"?�� Is the answer provided limited to Asperger or can it also be applied to diagnoses such as "dyslexia," ADD or ADHD, or other diagnosed “syndromes”? (Added 4/11)

The response to question #10 in the Question and Answer document dated October 2010 can be generalized to other conditions commonly associated with a specific disability category.

1. Under Student Needs Relating to Special Factors, after the check-box for Assistive Technology Device or Service, there's also a check-box for whether the CSE recommended use of the device in the home. ��What are the criteria for determining whether an assistive technology device is necessary for home use in order to provide a free appropriate public education to the student?

The need for assistive technology is determined on a case-by-case basis, taking into consideration the unique needs of the individual student. If the CPSE or CSE determines that a particular assistive technology item is required for home use in order for a particular child to be provided FAPE, the technology must be provided to implement the IEP.�� In making a recommendation as to whether a student needs the use of the assistive technology device at home, the CPSE or CSE should consider such factors as whether the student needs the assistive technology device at home to prepare homework assignments or to engage in functional skills at home or in other environments related to his/her instructional program. Additional information and resources to assist school personnel in the consideration, assessment, recommendation, and implementation of assistive technology for students with disabilities can be found in the Viva88 policy brief, Assistive Technology for Students with Disabilities.�� �� ����

2. In the Student Needs Relating to Special Factors section of the form, if the answer to the question, "Does the student need a particular device or service to address his/her needs?" is "No", what are the valid responses to the subsequent question, "In the case of a student who is deaf or hard of hearing, does the student need a particular device . . . -"No", or "Not Applicable?"

It depends.�� If the student is deaf or hard of hearing, but does not need a particular service or service in consideration of the student's language and communication needs, etc., then the form would indicate "no."�� If the student was not deaf or hard of hearing, then the form would indicate "not applicable."

If the answer to the first question for a student is "No", can the response to the second question ever be "Yes"?

No.

3. What might be some special education services to address the language needs of a child who is limited English proficient (LEP)or English language learner (ELL)?

For all LEP/ELL students with disabilities the Committee must consider how the student’s language needs relate to the IEP. ��Schools must provide a student with LEP with alternative language services to enable him/her to acquire proficiency in English and to provide him/her with meaningful access to the content of the educational curriculum that is available to all students, including special education and related services. ��The Committee should consider the following questions:

• Has the student been assessed in English as well as his/her native language?
• Did the evaluation of the student with LEP measure the extent to which the student has a disability and needs special education rather than measure the student’s English language skills?
• Does the disability impact on the student’s involvement and progress in the bilingual education or English as a second language (ESL) program of the general curriculum?
• What language will be used for this student’s instruction?
• What language or mode of communication will be used to address parents or family members of the student?
• What accommodations are necessary for instruction and testing?
• What other language services (i.e., ESL, bilingual education) must be provided to ensure meaningful access to general and special education and related services?

Examples of special education services needed to address the student’s needs might include, but are not limited to, interpreters, bilingual speech and language therapy, bilingual counseling and bilingual special class.

4. Can a school district attach a behavioral intervention plan (BIP) to a student’s IEP?

Yes.�� A school district may provide a copy of the student’s BIP with the IEP.�� However, the BIP is not a required component of a student’s IEP.��

5. Must a student’s BIP be part of the IEP?

No.�� There is no requirement to include a student’s BIP as part of that student’s IEP. ��However, regulations require that a student’s need for a BIP be documented in the student’s IEP.

6. What is expected to be entered in the text box following indication that the student needs a BIP?

If a Committee determines that a student needs a BIP, the IEP must indicate that need.�� In addition, other information related to a BIP is required to be included in a student’s IEP, if applicable to the individual student.

• If a student’s BIP will include the use of�� timeout for a student, the IEP must include this recommendation as well as a recommendation as to the maximum amount of time the student will need to be in timeout as a behavioral consequence as determined on an individual basis in consideration of the student’s age and individual needs.
• In addition, if applicable, other information relating to a student’s BIP as required by section 200.22(e)(9) of the Regulations of the Commissioner of Education must be identified in an IEP.

The Committee could, but is not required, to include other information related to the BIP as it deems appropriate (e.g., identify behaviors to be addressed by the BIP).

7. For students with severe needs, where do items such as harnesses and helmets belong on the new IEP forms?

If a student needs an intervention that is medically necessary for the treatment or protection of the student (such as a soft helmet for a student with a seizure disorder), these needs could be appropriately identified under the Present Levels of Performance section of the IEP.�� Devices needed to address special transportation needs of the student would be documented under the ‘Special Transportation’ section of the IEP.�� However, a Committee may not recommend and a school may not use movement limitation, including helmets and harnesses, to address student behavior.

8. Should use of timeout be documented in a student’s IEP?

Yes.�� Section 200.22(c)(2) of the Regulations of the Commissioner of Education requires that a student’s IEP specify when a BIP includes a recommendation for the use of�� timeout for a student with a disability.

9. In the section Consideration of Special Factors there is a text box to add clarification in the area of behavior.�� There are no text boxes or extra space for clarification for the other factors.�� For example, if a student needs assistive technology, you check yes but there is no way to comment on what that device may be.

The specific recommended special education program or service is not identified in the Consideration of Special Factors chart; only that the student needs a device or service in order to receive FAPE. If the student needs an assistive technology device, the specific device and/or services would be documented under the section Assistive Technology Devices and/or Services. The additional text box related to behavior considerations has been added to document specific needs of the student to be addressed by the BIP (e.g., use of timeout).

10. In the Student Needs Relating to Special Factors section of the IEP, if a student needs speech/language services does that go here?�� Does the portion of this section of the IEP having to do with communication needs apply to every student who has communication needs or only to students who are deaf and/or hearing impaired? (Added 4/11)

If any student needs a particular device or a service to address his/her communication needs, that is indicated under the Student Needs Relating to Special Factors section of the IEP by indicating "Yes" in the box in that section.�� The particular service or device needed will be recommended by the Committee during the course of the meeting and will be documented in the section of the IEP entitled Recommended Special Education Programs and Services.

11. Regarding the Student Needs Relating to Special Factors section---if a student is recommended for Speech Therapy (either in conjunction with a program or as a related service only), is it automatic for a district then to mark the Yes box for the Communication Needs area of this new section? (Added 4/11)

If any student needs a particular device or a service, including a related service, to address his/her communication needs, a ‘Yes’ must be indicated in the box in “Special Considerations” section of the IEP.�� The particular service or device needed would be documented in the section of the IEP entitled Recommended Special Education Programs and Services.

12. In the Student Needs Relating to Special Factors section of the IEP addressing special considerations for students with limited English proficiency, must this section be checked as "Yes" for every student with limited English proficiency? (Added 4/11)

The IEP must include documentation that the Committee considered special factors related to the language needs of students with limited English proficiency in the development of the student’s IEP.�� If the Committee determines that a student requires a special education service to address his/her language needs as they relate to the IEP, the applicable box in this section of the IEP would be checked "Yes."�� The Committee must ensure that a device or service, including an intervention, accommodation or other program modification needed for the student to receive a free appropriate public education is indicated in the IEP under the applicable section of the IEP.�� Not all students who are limited English proficient may need a special education service to address his/her language needs as they relate to the IEP. ��In this case, the "No" box would be checked.

13. Why isn’t “Orientation and Mobility” included in the Student Needs Related to Special Factors section of the IEP for students who are blind and visually impaired? (Added 4/11)

The State’s IEP form includes in this section only those special factors a Committee must consider that are required by federal and State regulations and that are in addition to the factors that must be considered for all students (the results of the initial or most recent evaluation; the student’s strengths; the concerns of the parents for enhancing the education of their child; the academic, developmental and functional needs of the student).

14. If “yes” is checked on the Consideration of Special Factors section for “student needs strategies, including positive behavioral interventions,” and “no” that they do not need a behavioral intervention plan (BIP), is there a way to document why a BIP is not needed? (Added 4/11)

The IEP does not need to specify why a BIP is not recommended. As applicable, consideration of a student's need for a BIP should be provided to a parent in prior written notice. However, there is a text box on the State’s IEP form in this section where a district could choose to provide such an explanation.

15. If the student does have behaviors that impact his or her learning or that of others and the "yes" box is checked in the Student Needs Relating to Special Factors section of the new IEP, could there be an instance where there is not a need for a BIP?�� One such scenario could be that the behaviors are controlled/managed through program accommodations and/or a class-wide positive behavior support.�� How would this be documented in the IEP? (Added 4/11)

In the case of a student whose behavior impedes his or her learning or that of others, the Committee must indicate on the IEP form if the student would need strategies, including positive behavioral interventions, and supports and other strategies to address that behavior.�� If, after considering the needs of the student, the Committee determines that strategies and supports are needed, the box must be checked “Yes.”

Does the student need strategies, including positive behavioral interventions, supports and other strategies to address behaviors that impede the student's learning or that of others?�� ��Yes-X�� ��No

If the Committee determines that the student needs a BIP as one of the strategies/supports, the IEP form must also indicate this recommendation.

Does the student need a behavioral intervention plan?�� ��No�� ��Yes-X:�� To address self-abusive behaviors.

If the Committee determines the student needs strategies/supports to address the behavior, but does not need a BIP, the ‘No’ box is checked.

Does the student need a behavioral intervention plan?�� ����No-X�� �� Yes:

The other strategies/supports, including program accommodations, needed by the student to address his/her behaviors must be indicated elsewhere in the IEP form under the “Recommended Special Education Programs and Services” section of the IEP.

16. If “yes” is checked in the “Does the student need a behavioral intervention plan” box, is it appropriate to add the need for physical intervention to be used at times when the student’s aggression is an imminent safety concern? (Added 4/11)

The IEP must, in the case of a student whose behavior impedes his or her learning or that of others, include strategies, including positive behavioral interventions and supports and other strategies to address that behavior.�� Physical intervention can only be used in emergency situations consistent with State regulations and should never be considered as a planned intervention to address the student’s behavior.��

1. Does a district have to include annual goals specifically for a related service? (Revised 3/11)

The Committee must make a recommendation as to the student’s annual goals to address his or her needs as identified under present levels of performance.�� Once these goals have been identified, then the Committee must discuss and recommend special education program and services, including related services, to be provided for the student to advance appropriately toward attaining the annual goal(s).

2. Who is responsible for developing goals for a preschool child with a disability, the district, provider, or the evaluator?

The CPSE must develop an IEP which includes measurable annual goals and short-term instructional objectives and benchmarks.

3. Can a teacher/provider choose to include objectives or benchmarks in the IEP of a student who is not eligible for NYSAA or a preschool student with a disability?

If a school district chooses to include short-term instructional objectives and benchmarks in the IEPs of other students, it should do so based on an established district policy that uses consistently applied criteria for determining which students will have short-term instructional objectives and benchmarks included in their IEPs.�� Such a decision should not be left to individual teachers/providers.

4. Who is responsible for implementing and monitoring progress on each goal?

Each individual teacher/provider responsible for providing instruction to assist the student to meet the goal should have responsibility for progress monitoring of that goal.�� Where there is a question as to who has responsibility for monitoring the student’s progress toward the annual goal, it should be discussed with the Committee Chairperson to ensure that the appropriate provider(s) have a clear understanding of their responsibility in that area.

5. What happens if monitoring of progress toward goals shows that the student is not making the expected/desired progress?

If a student is not making sufficient progress to achieve his/her annual goals, the Committee must review the goals and services, and as appropriate, revise the IEP to ensure that the student is being provided with the appropriate supports and services to achieve meaningful and appropriate goals.

6. Is the schedule when you review the data collected by method or procedure or when you implement the procedure?

Evaluation schedules state the date or intervals of time when the evaluation procedures will be used to measure the student’s progress toward the annual goal.

7. Do benchmarks and objectives need to have criteria/method and schedule or are these components only needed for the Annual Goal?

While each measurable annual goal must include the evaluative criteria, evaluation procedures and schedules to be used to measure progress toward meeting the annual goal, short-term instructional objectives and/or benchmarks are not required to include these components.

8. Can a district add a subheading to the Measurable Annual Goals section of the IEP in order to indicate the particular service type that the goal pertains to? (Added 4/11)

Goals are developed for the student, not the service provider. However, if a district wants to group annual goals by the need area (e.g., speech and language) they may do so.�� However, the form may not be modified to insert service type.�� The program and service recommendations to assist the student to meet the goals are documented in the next section of the IEP, not under the goals section.

9. Should the Committee develop goals at the IEP meeting/annual review or do it after the meeting and just send the IEP home after the fact? (Added 4/11)

Section 200.4(d)(4) of the Regulations of the Commissioner of Education requires that IEP recommendations be developed in meetings of the Committee.�� Pursuant to section 200.4(d)(2)(iii), IEP recommendations must include a list of measurable annual goals.�� Section 200.4(d)(2)(v) requires that the IEP indicate the recommended special education program and services that will be provided to the student to advance appropriately toward attaining the annual goals. Therefore, it is inappropriate and inconsistent with regulations for the Committee to develop its goals “after the meeting and just send the IEP home after the fact.”

While the Committee members may bring draft recommendations for IEP goals to the meeting, the meeting must include a discussion and recommendation of the annual goals that will be included in the meeting.

10. In the GENERAL DIRECTIONS TO USE THE STATE’S MODEL IEP FORM, pages 12 and 13, the following two sample annual goals are provided:

1. Dawn will remain in class for 45/50 minute periods, requesting a ‘break’ from class work not more than three times per class period.​

�� �� �� �� �� �� �� �� �� Criteria: 5 out of 7 class periods per day over 5-week period.

�� �� �� �� �� �� �� �� �� Method: daily charting of time in class.

�� �� �� �� �� �� �� �� �� Schedule: monthly.

2. Given reading passage at the 2^nd grade level, Mike will orally read 100 words per minute with no more than 6 errors.

���������������������� ����������Criteria: 8 out of 10 trials over 3 consecutive weeks.��

�� �� �� �� �� �� �� �� ��Method: reading curriculum based on oral reading fluency probes.

�� �� �� �� �� �� �� �� ��Schedule: every two weeks.

These two examples illustrate an issue that we are struggling with.�� For the first goal, is it logistically possible to measure something monthly to see if the student can perform it over a 5-week period?�� For the second goal, is it logistically possible to measure something over a two-week period to see if the student can perform it over 3 consecutive weeks?�� It seems to us that the Schedule period would at the very least need to be the same as the period within the Criteria Measure – never shorter (otherwise it simply does not fit within that period).�� Moreover, unless the period within the Criteria Measure is shorter than the Schedule period, the Period When Progress Will Be Measured would be occurring continuously throughout the school year.�� An example that seems consistent with our thinking would be measuring every quarter to see if a student can perform the task at the level of success desired over, say, a two week period.�� The time up to that two-week period would consist of instruction and not, per se, progress measurement. (Added 4/11)

The criteria, method and schedule in the General Directions to Use the State’s Model Individualized Education Program (IEP) Form are provided as examples of each term.�� In the first example above, each month a review of the student’s progress will occur, looking at student data for the preceding five weeks.�� In the second example, a review of student progress will occur every two weeks, reviewing a student’s progress for the preceding three weeks.�� A school district could opt to measure progress on a different schedule.

1. Page 13 in Attachment 3: ��General Directions to Use the State’s Model IEP, Recommended Special Education Programs and Services section, provides examples of how integrated co-teaching, CT services and resource room program could be listed. ��Does the example provided meet the State’s regulations for minimum level of service requirement for resource room and consultant teacher?

The example included a typographical error and has since been corrected.

2. Why is it that “teacher of the visually impaired” and “teacher of the deaf” are not included in the drop-down option list of related services?

Teachers of the visually impaired and teachers of the deaf are individuals who provide specific services.�� There is no regulatory requirement that an IEP identify the qualifications of the individual providing services to a student.

3. Where can additional information be found about special education services and programs included within the continuum?

Additional information can be found in the Viva88 guidance document entitled Continuum of Special Education Services for School-Age Students with Disabilities. ��

For information on the preschool continuum of services see Viva88’s Guide for Determining Eligibility and Special Education Programs and/or Services for Preschool Students with Disabilities.

4. In the Recommended Special Education Programs and Services section of the State IEP form, could “Music Therapy” be an option to write in the text box that follows the list of drop-down related service options?

Yes, if recommended by the Committee.

5. Do speech and language services have to be a minimum of two 30-minute sessions per week during the Extended School Year Program?

No.�� The Regulations of the Commissioner of Education were amended, effective December 8, 2010, to repeal the requirement that such services be provided for a minimum of two 30-minute sessions each week.�� (Revised 3/11)

6. In the Recommended Special Education Programs and Services section of the IEP, the State form allows documentation of other clarifying information relating to a recommended program or service under the column Applicable Service Delivery Recommendations. If the CSE determines the need to indicate a specific maximum group size for a related service, for example, is that where it could be documented?

Yes

7. The examples under supplementary aids and services/program modifications and accommodations are quite explicit. ��Where can additional information regarding these requirements be found?

See question #8 in the Viva88 guidance document entitled Continuum of Special Education Services for School-Age Students with Disabilities.

8. Where are one-to-one teacher aides and/or teaching assistants documented in a student’s IEP?

A one-to-one teacher aide/teaching assistant would be documented in a student’s IEP under the heading of Supplementary Aids and Services.

9. Where do "consults" go in the IEP?

It is unclear what is meant by the term “consults.”�� Services such as “consultation with the school counselor on behavioral issues” would be documented in the Supports for School Personnel on Behalf of the Student section of the IEP. ��Such consultations are not a related service. ��Consultant teacher (CT) services would be documented in the programs and services section of the IEP.

10. The chairperson in my district documents an “access aide” in the IEP to assist kids with specific parts of their day. ��Is this a term that can be used? ��Shouldn’t frequency and duration be identified in the IEP?

The term “access aide” is not a term used in Part 200 of the Regulations of the Commissioner of Education. ��To provide clarity on the Committee's recommendation, the IEP should indicate that a teacher aide is recommended, and the frequency, duration and location for such service must also be indicated. ��This recommendation would be included in the IEP as a Supplementary Aid/Service.

11. How are frequency and duration for some program modifications such as extra set of books, no penalty for spelling, visual schedule, etc., documented in an IEP?

Use of a particular program modification on a regular basis may be documented in a student’s IEP as a daily frequency (e.g., daily or daily for a specified number of hours).�� Duration can, for example, be documented as a specified amount of time (e.g., 20 minutes), for specific assignments (e.g., writing assignments, new lessons, or new units) or for specific subjects.

12. What is meant by "location" of services which must be documented in the IEP?�� Does it mean the same as "placement?"

"Location" of services is not the same as "placement".�� The student’s placement is the educational setting in which the student’s IEP will be implemented (e.g., public school, neighboring school, BOCES, approved private day school, approved private residential school). ��"Location" in the context of a student’s IEP generally refers to the type of environment that is the appropriate place where a particular service, program modification or accommodation would be provided (e.g., Placement:�� Public High School.�� Location of Services:�� CT services will be provided in the general education math class; individual speech and language therapy will be provided in a separate therapy room).

13. What does the least restrictive environment (LRE) mean and how does it relate to the continuum of service options?

LRE refers to the extent special education services are provided to a student in a setting with the student’s non-disabled peers and as close to the student’s home as possible.�� The continuum of services identifies different service delivery models to provide specially designed instruction to a student with a disability.�� Some of the services such as consultant teacher and integrated co-teaching services are directly designed to support the student in his/her general education class.�� Others may or may not be provided in settings with non-disabled peers, depending on the needs of the student.�� This is why the documentation of “location” in the IEP is important.�� The continuum of placement options is also directly related to LRE placement decisions.��

14. Where does a recommendation for transitional support services fall within the continuum? ��Is it considered its own service pursuant to section 200.6(c) of the Regulations of the Commissioner of Education?�� Procedurally, it does not appear as a drop down on the choices for special education program services in the new IEP form. ��Some districts currently list it as such – are they mistaken? ��Are there guidelines for what is meant by “temporary” or use of this service?

Since transitional support services means temporary services provided to a general or special education teacher to aid in the provision of appropriate services to a student with a disability transferring to a regular program or to a program or service in a less restrictive environment, such services would be documented in a student’s IEP under the heading of Supports for School Personnel on Behalf of the Student.�� The Committee’s recommendation for transitional support services would include the frequency, duration, location, beginning service date and, at the discretion of the Committee, end service date.

15. What is meant by "supports for school personnel on behalf of the student"?

The IEP must describe the supports for school personnel that will be provided on behalf of the student in order for the student to advance toward attaining the annual goals, to be involved in and progress in the general curriculum and to participate in extracurricular and other nonacademic activities. ��Supports for school personnel are those that would help them to more effectively work with the student. ��These could include, for example, special training for a student’s teacher to meet a unique and specific need of the student. ��These supports for school personnel are those that are needed to meet the unique and specific needs of the student.

Examples of supports that may be provided for school personnel include:

• information on a specific disability and implications for instruction;
• training in use of specific positive behavioral interventions;
• training in the use of American Sign Language;
• assistance with curriculum modifications;
• behavioral consultation with school psychologist, social worker or other behavioral consultant; and/or
• transitional support services.

16. How must CT services be identified in a student's IEP? When a student is recommended to receive CT Services and the same individual is providing the service for multiple subjects, how should that be displayed in the IEP?��Do you have to put "indirect" and "direct" in the IEP for CT services?

CT services would be identified in the IEP as a special education program/service.�� If the student’s IEP indicates CT services, the IEP must specify the general education class(es) (including career and technical education classes, as appropriate) where the student will receive the services.

• If CT services are to be provided to an elementary student, the IEP should indicate the subject areas of instruction when the CT would be providing services to the student (e.g., during reading groups; during math instruction).
• If CT services are to be provided to a middle or secondary student, the IEP must specify the class subject(s) where CT will be provided (e.g., English, math, science, art, music).
• If indirect CT services are to be provided, the IEP must indicate the regular (or general) education class being taught by the teacher receiving the consultation.

• If the student is recommended to receive CT services for multiple subjects, they should be listed separately so that the recommendation for frequency and duration and location for the various subjects is clear.�� The chart below illustrates how such services could be documented on the State’s model IEP form.

The IEP should specify the type of CT services the student will receive (i.e., direct and/or indirect) so that it is clear to parents and educators the extent to which such services will be provided. ��A recommendation for direct or indirect consultant teacher services could be documented either directly after the recommended service (e.g., Consultant Teacher – indirect) or in the section of the State IEP form Service Delivery Recommendations.��

The location of CT services, either direct/and or indirect, must specify the general education class(es) for which CT services will be provided.�� For indirect consultant teacher services, this does not mean that the indirect CT will be provided in the subject area classrooms, but rather to those teachers.

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
Special Education Program: �� Consultant Teacher Services �� Consultant Teacher Services ��	�� �� �� Direct and Indirect �� �� Direct and Indirect ��	�� �� �� 2 days/week �� �� 2 days/week ��	�� �� �� 40 minutes �� �� 40 minutes ��	�� �� �� Math class �� �� English class ��	�� �� �� 9/7/10 �� �� 9/7/10 ��

The effective implementation of CT services requires general and special education teachers to work cooperatively to address the needs of students with disabilities. Section 200.4(e)(5) of the Regulations of the Commissioner of Education requires that, following the development of an IEP in which CT services are recommended, the general education teachers of the student for whom the service will be provided must be given the opportunity to participate in the instructional planning process with the CT to discuss the objectives and to determine the methods and schedules for such services.�� Therefore, there is no requirement that the IEP specify separately the frequency and duration of direct versus indirect consultant teacher services.��

17. Does the minimum number of hours for CT services include both direct and indirect services?

Yes. ��The minimum number of hours for CT services, two hours per week, applies to direct and indirect services, in any combination.

18. May school districts continue to use other terms to identify integrated co-teaching services in a student's IEP?

No.�� It is required that all districts use the term “integrated co-teaching”, consistent with the regulatory requirements, so that the level of services to be provided to a student is clear and consistent among school districts.�� To clarify for parents that a previously recommended service means the same as integrated co-teaching, terms such as collaborative team teaching (CTT), blended class or inclusion class may also be indicated in the IEP.��

19. What specific information must be in the IEP to specify the class size?

Class size means the maximum number of students who can receive instruction together in a special class or resource room program and the number of teachers and supplementary school personnel (i.e., teaching assistants and/or teacher aides) assigned to the class.�� For example, the IEP could specify: 12 students to one special education teacher and one teaching assistant (12:1+1).

20. What types of services are included in the definition of related services?

Related services means developmental, corrective, and other supportive services as are required to assist a student with a disability and includes speech-language pathology, audiology services, interpreting services, psychological services, PT, OT, counseling services, including rehabilitation counseling services, orientation and mobility services, evaluative and diagnostic medical services to determine if the student has a medically related disability, parent counseling and training, school health services, school nurse services, school social work, assistive technology services, appropriate access to recreation, including therapeutic recreation, other appropriate developmental or corrective support services, and other appropriate support services and includes the early identification and assessment of disabling conditions in students. This list is not exhaustive and may include other developmental, corrective or supportive services if they are required to assist a student with a disability to benefit from special education in order for the student to receive FAPE.

21. Regarding parent training and education – what is it and where does it go in the IEP? ��Can parent training and education be as simple as a list of resources?�� Is it a related service? How would frequency, duration and location be indicated for the services?

Parent counseling and training is a related service and, if recommended for a student, should be listed in the IEP under the IEP form section Related Services.�� Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP.�� Examples include, but are not limited to:

• providing parents with information about cognitive and speech and language development;
• counseling the parents about how to respond at home to a student’s behavior in a manner consistent with the in-school behavior management program;
• training parents to use the same mode of communication (e.g., sign language) the child would be using at school; and
• training on how to operate assistive technology devices at home.

The State’s model IEP form provides a list of drop-down options for related service recommendations.�� Related service recommendations, including parent counseling and training, require the identification of the frequency, duration, location and projected beginning date (end dates are optional).�� The chart below illustrates how such service would be documented using the State’s model IEP form.

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
Related Services �� ��Parent Counseling and Training����������	�� �� Group instruction on sign language and use of communication boards	�� �� One day/ week for five weeks ��	�� �� 60 minutes ��	�� �� School Library	�� �� 10/5/10 – 11/2/10 �� ��

22. Where should student-owned physical or medical equipment be listed in the IEP (such as an augmentative communication device or a wheelchair)?

If a student needs a particular assistive technology device in order for the student to receive FAPE, this recommendation should be included on the State’s IEP form under Assistive Technology Devices and/or Services. If the district wishes to document when assistive technology devices are student-owned, it may do so under Applicable Service Delivery Recommendations.

23. What is a district's responsibility in the case of a student losing an assistive technology device (with multiple programs on it) between home and school (it had been determined that the student needed the device both at home and school and the district purchased only one device)?

The school district is responsible to ensure a student's IEP is implemented.�� If a student’s IEP requires that an assistive technology device is needed at home or in other settings in order for the student to receive FAPE, the district must replace the lost device.

24. If specialized reading instruction is required and is provided by a certified reading teacher, what service or program should be listed in the IEP (is it resource room, a supplemental service)?

For a student with a disability recommended for specialized reading instruction to be provided outside of the general education class, this service could be recommended in the IEP of the student as special class, related service or resource room program. ��Specially-designed instruction provided to an individual student with a disability or to a group of students with disabilities by a certified special education teacher in the student’s general education classroom to aid the student(s) to benefit from the general education class instruction could be recommended in the IEP of the student as direct consultant teacher services. ��Where the Committee recommends the focus of this service be to provide specialized reading instruction, this could be indicated in the IEP under Applicable Service Delivery Recommendations.��

25. Can the drop-down menu for assistive technology be more comprehensive as in the manual? ��Or, should we put this additional information in the text box?

The State IEP form does not provide drop-down options for assistive technology devices and/or services recommendations.�� However, the district may populate this box with a drop-down menu as long as the menu does not preclude additional options and is consistent with State policy.

26. Can a Committee indicate the name of the school the student attends in the Special Education Programs and Services section of the IEP and then in the Service Delivery Recommendations column, indicate the particular service being provided? (Added 4/11)

No.�� If the student needs an approved private school, this recommendation is indicated under “Placement”.�� The particular services a student needs to assist him/her to achieve annual goals must be indicated under Special Education Programs and Services.�� Please note that there is no requirement, that the name of the school where the student’s IEP will be implemented be indicated in an IEP, except that the provider of July/August special education services must be indicated.�� ��

27. Where in the IEP is it indicated that a service (such as audio or autism specialist) for a student in a non-district program is required, but that service is provided by the home district (and not the non-district program)?�� Does the non-district program have to indicate in the IEP that the home district is paying for this particular service? (Added 4/11)

An IEP is developed to identify a student’s present levels of performance, needs, goals, recommended services and the placement where the IEP will be implemented.�� Information regarding fiscal responsibility for the provision of services is not included in a student’s IEP (with the exception, as appropriate, for transition activities provided by participating agencies).�� When a student is placed in an approved private school, the approved private school is responsible to implement the student’s IEP.�� If the district agrees to provide particular supports and services to a student other than that to which the approved private school has State approval and responsibility, the district should document this in its agreement with the private school and/or in its prior written notice to the parent.

28. If a Committee recommends special class in multiple subject areas, how should that be documented in the IEP?�� Can the special education program be listed as special class, 12:1+1, and the service delivery recommendation document that the special class will be provided for English, social studies and math, or should the recommendation for each special class be listed separately? (Added 4/11)

The IEP could indicate each special class by subject area and is recommended to do so whenever the frequency or duration special classes vary by subject area, as follows:

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations*	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
Special Education Program: �� Special Class �� Special Class �� Special Class	12:1+1 �� English �� Math �� Social Studies ��	�� �� 3 days/ week �� 5 days/ week �� 2 days/ week	�� �� 40 minutes �� 40 minutes �� 40 minutes	�� �� Separate class Separate class Separate class	�� �� 9/7/10 �� 9/7/10 �� �� 9/7/10
*�������� Identify (if applicable) class size (maximum student-to-staff ratio), language if other than English, group or individual services, direct and/or indirect consultant teacher services or other service delivery recommendations.

Alternatively, the IEP could include a single recommendation for special class and list the subject areas and the combined duration, as follows:����

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations*	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
Special Education Program: �� Special Class �� ��	12:1+1 �� �� English, Math, Social Studies ��	�� �� 5 days/ week ��	�� �� 120�� minutes	�� �� Separate class	�� �� 9/7/10 ��
*�������� Identify (if applicable) class size (maximum student-to-staff ratio), language if other than English, group or individual services, direct and/or indirect consultant teacher services or other service delivery recommendations.

29. For Travel Training and Adapted Physical Education, what ratio is recommended or allowable for each to be documented in the State IEP? (Added 4/11)

Travel training is a special education service that means providing instruction, as appropriate, to students with significant cognitive disabilities, and any other students with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live; and learn the skills to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work and in the community).

Adapted physical education (APE) means a specially designed program of developmental activities, games, sports and rhythms suited to the interests, capacities and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of the regular physical education program.

If APE is to be provided in a regular physical education class, the IEP does not need to specify the student to staff ratio.�� If, however, adapted physical education is to be provided in a special class, the IEP must indicate the class size.�� For example:

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations*	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
Special Education Program: �� Special Class �� ��	�� �� 6:1+1 Adapted physical education ��	�� �� 5 days/ week ��	�� �� 120�� minutes	�� �� Separate class	�� �� 9/7/10 ��
*�������� Identify (if applicable) class size (maximum student-to-staff ratio), language if other than English, group or individual services, direct and/or indirect consultant teacher services or other service delivery recommendations.

Regulations do not require that class size/ratio be identified in an IEP, other than for students recommended for participation in special class.�� However, an IEP could, but is not required to, document such information for other special education program/service recommendations in the column entitled Service Delivery Recommendations.

30. The district has a special class for students with autism spectrum disorders.�� Therapists go into the class (speech, psych) and work with the class as a whole for various sessions. This exceeds the group limit of five under the description of related services.�� How is this written under Special Education Programs and Services? (Added 4/11)

If the Committee recommends a related service to be provided in a group setting, the maximum number of students in that group is five (except in New York City there is a variance to the maximum number of students in the group, not to exceed eight students).�� The IEP is not required to include the group size for the related service, except in circumstances when the Committee determines that based on the individual student’s needs, a group size of fewer than five students is required.

A related service provider’s session with an entire special class that exceeds five students (e.g., 12:1+1 special class) is not an acceptable implementation of a Committee’s recommendation for a related service in a group setting since the number of participants exceeds the maximum group size of five (or eight).�� However, a related service provider may provide a related service in a special class that includes other students, if the related service is provided only to the students whose IEPs include a recommendation for the related service and if the number of students conforms to the maximum instructional group size allowable.��

31. Where on the IEP form would a CSE or CPSE indicate its recommendation for maximum instructional group size for resource room and related services? (Added 4/11)

The IEP may, but is not required to, indicate the group size for a related service or a resource room, except in circumstances when the Committee determines that, based on the individual student’s needs, a group size of fewer than the regulatory maximum instructional group size is required.�� If the Committee chooses to include this information in a student’s IEP, it may do so in the "Service Delivery Recommendations" column under "Special Education Programs/Services".�� Alternatively, the IEP could document class size recommendations using the text box that appears next to the drop-down option for the special education program/service.

32. When a student is recommended to receive direct and indirect consultant teacher (CT) services, is there a requirement to specify separately the frequency and duration of each service?�� (Added 4/11)

No.�� While it is recommended that the IEP specify the type of CT services the student will receive (i.e., direct and/or indirect) so that is clear to parents and educators the extent to which such services will be provided, section 200.4(e)(4) of the Regulations of the Commissioner of Education provides that “when consultant teachers services are specified in a student’s IEP, the regular education teachers of the student for whom the service will be provided shall be given the opportunity to participate in the instructional planning process with the consultant teacher to discuss the objectives and to determine the methods and schedules for such services following the development of the IEP.”��

33. In Question #27 (Section D, #16) of the current IEP Q&A, the second paragraph lists examples of specific recommendations to address management needs of the student and how they would be under the Programs and/or Services section of the IEP.�� Wouldn't those examples be under the Supplementary Aides and Services/Program Modifications section of the IEP? (Added 4/11)

In the State’s IEP form, Supplementary Aides and Services/Program Modifications/Accommodations are included in the section entitled, "Recommended Special Education Programs and Services."

34. Where are class size and group/individual related services documented in the IEP? (Added 4/11)

This information would be documented in the column entitled, "Service Delivery Recommendations," found in the Recommended Special Education Programs and Services section of the IEP form.

35. May a district include an end date in the IEP for all services, or is the only time an end date should be used when a program or related service is recommended for a limited time period? (Added 4/11)

Section 200.4(d)(2)(v)(b)(9) of the Regulations of the Commissioner of Education requires an IEP to identify the projected date for initiation of the recommended special education program and services.Since identification of an end date is optional, districts could, but are not required to, include end dates for all program and services recommendations.

36. Are nursing services, provided to a student one time per week for five minutes each time in order to provide medication, placed in the IEP and if so where? (Added 4/11 - rev 9/12)

Section 200.1(ss)(2) of the Regulations of the Commissioner of Education defines school nurse services as services provided by a qualified school nurse that are designed to enable a student with a disability to receive FAPE as described in the IEP of the student.�� School nurses regularly administer medication to all students; therefore, the regular administration of medication to a student with a disability need not be documented in the student’s IEP. However, the student’s CSE or CPSE may determine that administering and/or dispensing medications is a school health service necessary for an individual student to receive FAPE. In this case, the IEP could include School Health Services or, as appropriate, School Nurse Services as a related service recommendation, with the recommended frequency, duration and location.�� �� �� ��

37. On the IEP form under the Recommended Special Education Programs section of the IEP, the Service Delivery Recommendations column has an asterisk (*) which references the following statement:�� "Identify, if applicable, class size (maximum student-to-staff ratio), language if other than English, group or individual services, direct and/or indirect consultant teacher services or other service delivery recommendations."�� Does that mean this information must be documented in the IEP? (Added 4/11)

This section of the IEP is used to document Committee recommendations, as required and as necessary, to provide clarity for implementation of the student’s IEP.�� If a bilingual service is to be provided, the IEP must include the language.�� If consultant teacher services are to be provided, the IEP should specify the intensity of such services (i.e., group or individual).�� The IEP must document class size (maximum student-to-staff ratio) if the student is recommended for a special class. Additionally, if the student is recommended to receive resource room program, the IEP must document the recommended class size for that resource room if the recommendation is for less than the maximum allowed by regulation. Class size could be documented in the Service Delivery Recommendations column or be included, in the available text box, as part of the special education program recommendation in the first column of this section of the IEP.

38. How is location documented in an IEP for a preschool student with a disability? (Added 4/11)

The location of service in the context of a student’s IEP generally refers to the type of environment that is the appropriate place where a particular service, program modification or accommodation would be provided.

For a preschool child recommended for a full/half-day, integrated/self-contained special class in an approved special education preschool program, location is “special class classroom.”

For a preschool child recommended for a full/half-day, integrated/self-contained special class in an approved special education preschool program, and is also recommended to receive related services while participating in the special class, location as follows:

• Location for the special class recommendation is “preschool special education classroom.”
• Location for related services is where, within that approved special education program, the recommended related service(s) would be provided (e.g., the preschool special education classroom, separate therapy room, on the playground).

For a preschool child recommended for related services only, Special Education Itinerant Teacher services (SEIT) only or a combination of related services and SEIT services, location is where the service will be provided.�� This would be the setting where the child is to receive the recommended service (e.g., early childhood program selected by the parent).��

39. Is a preschool IEP required to list service coordination and, if yes, where would it go in the IEP? (Added 4/11)

Upon receipt of a recommendation of the Committee, the board of education must arrange for the preschool student with a disability to receive such programs and services.�� If an IEP includes two or more related services, where possible, the board of education must designate one of the service providers to coordinate the provision of the related services.�� There is no requirement that the coordination of such service be identified in a student’s IEP.�� Such recommendations may be documented on the optional Student Information Summary form, if a district chooses to use this form.�� The Board’s recommendation for the service provider must be given to the parent pursuant to the requirements of section 200.16(f)(2) of the Regulations of the Commissioner of Education.��

40. Can a Committee write an IEP that includes Supports for School Personnel and not include any Special Education Programs or Related Services? (Added 4/11)

No.�� A student with a disability who is determined to be eligible for special education must require special education services and programs as such term is defined in Education law section 4401.�� If a student needs only supports for school personnel, the student would not meet the definition of a student with a disability.

41. Does an IEP require at least one Special Education Program or Related Service to be recommended? (Added 4/11)

Yes.

42. Where in an IEP does a Committee document extended school day for a student with a disability? (Added 4/11)

A Committee recommendation for an extended school day could be documented in an IEP as a program modification (modification to the school day), under the heading of Recommended Special Education Programs and Services.

1. In the Viva88 Test Accommodations manual it refers to "flexible setting." ��Can the IEP state "flexible setting" with some criteria, for instance, flexible setting to provide access to minimal noise, or for administration in a small group? ��The issue is "separate setting" means "a separate room apart from the standard setting being used to administer the test," and people don’t want to exclude the student from taking the test in a classroom if it can meet the needs for a setting modification.

The State’s IEP form includes drop-down options on how testing accommodations should be indicated in the IEP.�� Testing accommodations must be clearly stated to ensure a consistent understanding by the CSE or CPSE, school principal, teacher(s), supplementary school personnel, student and the student's parents.���� Flexible setting is a category of testing accommodations that includes both changes in the conditions of the setting, such as special lighting or adaptive furniture; or changes in the location itself, accomplished by moving the student to a separate room.�� Types of setting accommodations include the following:

• Separate location/room – administer test individually
• Separate location/room – administer test in small group (3-5 students)
• Provide adaptive or special equipment/furniture (specify type, e.g., study carrel)
• Special lighting (specify type, e.g., 75-watt incandescent light on desk)
• Special acoustics (specify manner, e.g., minimal extraneous noises)
• Location with minimal distraction (specify type, e.g., minimal visual distraction)
• Preferential seating

Following is an example of how a recommendation for a flexible setting should be indicated in the IEP.

Testing Accommodations (to be completed for preschool children only if there is an assessment program for nondisabled preschool children): Individual testing accommodations, specific to the student’s disability and needs, to be used consistently by the student in the recommended educational program and in the administration of district-wide assessments of student achievement and, in accordance with Department policy, State assessments of student achievement ��
Testing Accommodation	Conditions*	Implementation Recommendations**
��None
��	All tests	Location with minimal extraneous noise
��	����������	����������
��	��	��
*Conditions – Test Characteristics:�� Describe the type, length, purpose of the test upon which the use of testing accommodations is conditioned, if applicable. **Implementation Recommendations:�� Identify the amount of extended time, type of setting, etc., specific to the testing accommodations, if applicable.

For additional information on testing accommodations, see Viva88’s guidance document Testing Accommodations for Students with Disabilities.

2. Can a preschool student with a disability have test accommodations in his/her IEP?

Yes, if the preschool student with a disability would be participating in State or district-wide or classroom tests and the student was determined by the CPSE to need testing accommodations.

3. The State IEP form does not include Tests Read as a drop-down option.�� Can additional drop-down options be added to this section of the form? ��(Added 4/11)

The State IEP form provides a limited list of testing accommodation drop-down options.�� Since the list is not finite, text boxes in the State form allow entry of other testing accommodation recommendations as appropriate.�� “Tests read,” an accommodation in the method of presentation, may be documented in a student's IEP using one of the additional text boxes in the State form or may be added to the list of drop-down options within a computerized format of the IEP.�� Additional testing accommodation options may also be added, consistent with State policy.

1. It appears that the rationale(s) for nonparticipation with students without disabilities is no longer required in the 'LRE' (Participation with Students without Disabilities) section of the IEP, nor is it directly addressed in the Effect of Student Needs on Involvement and Progress in the General Education Curriculum section. ��Where, if at all, should that rationale(s) be denoted?

Section 200.4(d)(2)(viii) of the Regulations of the Commissioner of Education requires a student’s IEP to provide an explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular class, or for preschool students, in appropriate activities with age-appropriate peers without disabilities.�� The Committee must document the extent to which a student’s disability precludes his/her participation with students without disabilities by identifying the percent of the school day or by identifying particular activities that the student will not participate in with his/her nondisabled peers in the Participation with Students Without Disabilities section of the State IEP form.�� The IEP could, but is not required to, include a narrative explanation of the student-specific factors for recommendations to remove the student from the regular class (or for preschool students, appropriate activities with age-appropriate peers without disabilities).�� Options considered and reasons rejected relating to the provision of services and placement of the student in the least restrictive environment must be provided to the parent in prior written notice.

2. If a student is placed within a special class and will not participate with the typical population during their school day, can you provide an example of a statement that should be included in the text box? (Added 4/11)

A student’s IEP must document the extent to which a student’s disability precludes his/her participation with students without disabilities.�� This includes an explanation of the extent, if any, to which a student will not participate in general education class and/or extracurricular and nonacademic activities, or, for preschool students, in appropriate activities with age-appropriate nondisabled peers.�� This may be indicated as the percent of the school day or by identifying particular activities that the student will not participate in with his/her nondisabled peers (e.g., 100% of the school day, all academic and extracurricular activities, all academic classes).

3. How is “integrated co-teaching” written in the section Participation with Students without Disabilities?�� Are the students in regular and/or special education class? ��What is the percentage if the special education teacher is in the class all day? (Added 4/11)

Integrated co-teaching services, as defined in regulation, means the provision of specially designed instruction and academic instruction provided to a group of students with disabilities and nondisabled students. Integrated co-teaching services are provided in a student's general education class; students are intentionally grouped together based on similarity of need for the purpose of receiving specially designed instruction in a general education class �� A committee’s recommendation for integrated co-teaching services for a school-age student is documented in an IEP under the heading of Recommended Special Education Programs and Services, Special Education Program, along with the recommended frequency, duration, location and projected beginning date of the services.

A recommendation for integrated co-teaching services would not be documented in an IEP in the section entitled Participation with Students without Disabilities. The Participation with Students without Disabilities section of the IEP is used to document the extent to which a student’s disability precludes his/her participation with students without disabilities, including an explanation of the extent, if any, to which a student will not participate in regular class and/or extracurricular and nonacademic activities, or, for preschool students, in appropriate activities, with age-appropriate nondisabled peers (this may be indicated as the percent of the school day or by identifying particular activities that the student will not participate in with his/her nondisabled peers); ��the extent to which the student will participate in specially-designed physical education; and when the Committee recommends that a student be exempt from the World Languages requirement because the student's disability affects his/her ability to learn a language.��

4. It is my understanding that no student with a disability can be exempt from the Physical Education (PE) requirement and that he/she must have some sort of specialized instruction if they cannot participate in a general physical education class.�� Are there instances where an exemption may be appropriate? Would it be appropriate for a district to just note "exempt" without recommending specialized or adapted PE? (Added 4/11)

Physical education is required for all students in grades K-12, as specified in section 135.4 of the Regulations of the Commissioner of Education.�� An IEP developed for a student with a disability must indicate, if the student is not participating in a regular physical education program, the extent to which the student will participate in specially-designed instruction in physical education, including adapted physical education.

5. As a related service, parent counseling and training differs from other related��services as it is provided to parents based upon individual family need. As such, do the same regulatory guidelines regarding frequency, duration and group size that are associated with related services apply? If not, can additional clarification and guidance be provided? (Added 4/11)

For each related service, including parent counseling and training, the frequency, duration and location must be indicated.�� There is no requirement for group size to be indicated for a related service.�� A related service recommendation for parent counseling and training should specify the nature of the service.�� For example:

RECOMMENDED SPECIAL EDUCATION PROGRAMS AND SERVICES
Special Education Program/Services	Service Delivery Recommendations*	Frequency How often provided	Duration Length of session	Location Where service will be provided	Projected Beginning/ Service Date(s)
related service: �� Parent Counseling and Training ��	�� �� Sign language instruction for parents �� Training on use of communication device	�� �� 3x month �� �� �� 1 x week	�� �� 60 minutes �� �� �� 30 minutes	�� �� School building �� �� Speech therapist office	�� �� 12/1/10 – 1/31/11 �� �� 2/1/11 – 2/15/11
*�������� Identify (if applicable) class size (maximum student-to-staff ratio), language if other than English, group or individual services, direct and/or indirect consultant teacher services or other service delivery recommendations.

1. Can the school district bring a draft IEP to the Committee meeting? ��If a CPSE/CSE develops a draft IEP, must that draft IEP be sent home to the parent prior to the meeting, or can the CPSE/CSE wait and give it to the parents at the meeting?

With respect to draft IEPs, the United States Education Department opined "…we encourage public agency [school district] staff to come to an IEP Team [committee on special education (CSE)] meeting prepared to discuss evaluation findings and preliminary recommendations. ��Likewise, parents have the right to bring questions, concerns, and preliminary recommendations to the IEP Team [CSE] meeting as part of a full discussion of the child’s needs and the services to be provided to meet those needs. ��We do not encourage public agencies [school districts] to prepare a draft IEP prior to the IEP Team [CSE] meeting, particularly if doing so would inhibit a full discussion of the child’s needs. ��However, if a public agency [school district] develops a draft IEP prior to the IEP Team [CSE] meeting, the agency [district] should make it clear to the parents at the outset of the meeting that the services proposed by the agency [district] are preliminary recommendations for review and discussion with the parents. ��The public agency [school district] also should provide the parents with a copy of its draft proposals, if the agency [district] has developed them, prior to the IEP Team [CSE] meeting so as to give the parents an opportunity to review the recommendations of the public agency [school district] prior to the IEP Team [CSE] meeting and be better able to engage in a full discussion of the proposals for the IEP. ��It is not permissible for an agency [district] to have the final IEP completed before an IEP Team [CSE] meeting begins." ��(Analysis of Comments and Change, Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations, page 46678).

2. Does an IEP developed in November of 2010 have to be on the new IEP form if the IEP will continue to be in effect through November of 2011? ��What if the IEP includes ESY services (12-month service and/or program) for the summer of 2011?

A district must ensure that all IEPs in effect for the 2011-12 school year, and thereafter, be on the State form. ��If an IEP is developed during the 2010-11 school year using an existing district IEP form, that form may be used for the remainder of the 2010-11 school year.�� However, IEPs in effect for the 2011-12 school year, which begins July 1, 2011, must be on the State form.

3. Can information from an IEP on a district’s existing IEP form (not a State IEP form) be transferred onto the State’s IEP form for use in the 2011-12 school year?

Yes.

4. If a district transfers information onto the State form, does the parent need to receive a copy of the IEP on the State form?�� If so, is this considered a newly developed or revised IEP?

If the school district is only transferring information documented in a prior IEP onto the State IEP form, this is not considered a newly developed or revised IEP and the parent would not need to receive a copy.�� However, to ensure the parent has the same information as school personnel, it is recommended that the parent receive a copy of the IEP on the new form.

5. What should a Committee do if when transferring information from a district IEP form onto the State's IEP form, it does not have documentation for all required sections?

The State’s form includes information required by State law and regulation.�� Therefore, if in transferring information from a current IEP to the State form, the district does not have documentation for all required sections of the State IEP form, the Committee must meet to revise the student’s IEP, using the new IEP form, to ensure a complete and appropriate IEP is in place for the student beginning with the 2011-12 school year.

6. If a district transfers information onto the State form, does the parent need to receive prior written notice for the use of the new form?

No.�� Prior written notice must be provided when a district proposes or refuses to initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student.�� Transferring information onto the State IEP form does not meet the requirements for prior written notice.

7. In developing an IESP for a student with a disability who is parentally placed in a nonpublic school or who is home schooled pursuant to section 100.10 of the Regulations of the Commissioner of Education, must the district of location use the State’s required IEP form?

No.�� The State did not develop a model IESP form and does not have authority by State regulation to require that the IESP be on a form prescribed by the Commissioner.�� However, State law requires that an IESP be developed in the same manner and with the same contents as an IEP is developed.�� A school district that chooses to use the State’s form for purposes of developing an IESP could modify it to indicate it is an IESP.

8. NYC IEPs indicate that students with disabilities can be eligible for “modified promotional criteria.” If a student is eligible for a modified promotion, the IEP indicates the percentage they are required to meet for both English language arts and Math.�� The current NYS IEP does not require or have an area indicating that students with an IEP are eligible for a modified promotion.�� What is the procedure to indicate modified promotional criteria for the 2011-12 school year, starting July 1, 2011? (Added 4/11)

If the Committee determines that the criteria for the student to advance from grade to grade needs to be modified, the IEP would indicate this as a program modification.�� This information would most appropriately be indicated in the IEP in the “Supplementary Aids and Services/Program Modifications/Accommodations” section of the IEP. ��

9. Is there a separate section for “follow-up recommendations for further evaluation”? (Added 4/11)

When a CSE or CPSE has identified that additional data are needed to determine a student’s need for a special education program or related service, the Committee must then arrange for the additional tests and/or evaluations to be administered.�� In order to fully inform the parent about the proposed evaluation and seek written consent from the parent, the district must provide prior written notice to the parent. Once the evaluations are completed, the Committee must meet to consider the results of the evaluation(s) to determine if the student’s IEP needs to be revised.����

There is no statutory or regulatory requirement that a recommendation for a reevaluation be documented in the student’s IEP, except when a functional vocational evaluation is recommended as a transition services activity. ��A recommendation for a reevaluation is documented in prior written notice to the parent seeking the parent’s consent for the evaluation.�� ��

10. Is the name of the provider of recommended special education program or services included in an IEP and can the provider’s name be listed next to sections of PLEP or goals? (Added 4/11)

For students eligible for 12-month service and/or program, the IEP must indicate the identity of the provider of services during the months of July and August.�� Identifying the provider of services is not otherwise required, nor is it recommended.�� The present levels of performance statements and annual goals are statements about the student, not the provider.�� If a provider’s name is included in the IEP, any change in provider would require a change to the IEP.

11. Is an IEP for a preschool student required to indicate the name of the provider of service?�� Many districts indicate the county as the provider when the provider is an itinerant off the county list. (Added 4/11)

For students (preschool and school age) eligible for 12-month service and/or program, the IEP must indicate the identity of the provider of services only during the months of July and August.��������

While a municipality, or in the case of a city of one million or more persons, the board, maintains a list of appropriately certified or licensed professionals to deliver related services, the municipality is not the actual provider of service and should not be identified in an IEP as the provider of service.�� As appropriate, the IEP would identify the July/August provider of a related service by listing the professional title and stating that the professional is from the approved provider list maintained by the municipality, or board (e.g., speech therapist from the approved provider list maintained by the municipality, or board).��

For a recommendation for July/August SEIT services, the name of the approved program that will provide the SEIT services is identified and for a recommendation for special class, the name of the approved preschool special education program is identified in the IEP.

12. How do we��note the student’s Itinerant Teacher of the Deaf��services in the new State IEP? (Added 4/11)

There is no special education or related service for “itinerant teacher of the deaf services.”�� A student's IEP must document the recommended service that a teacher of the deaf would provide. When a Committee recommends a special education program and/or service, that recommendation is documented in the Recommended Special Education Programs and Services section of the IEP under the applicable heading (i.e. special education program, related service, supplementary aids and services/program modifications/accommodation, assistive technology devices and/or services and/or supports for school personnel on behalf of the student).�� While an IEP must identify the special education services recommended for a student with a disability, there is no regulatory requirement that an IEP identify the qualifications or title of the individual providing such services to a student.�� A teacher of the deaf, for example, may be the teacher who is assigned to provide integrated co-teaching services, a special class, SEIT, a resource room program or a consultant teacher service to the student.��

13. I have a��student in my district who needs to be accompanied to school by a nurse for feeding and health issues.�� Where would I place that in the new IEP? (Added 4/11)

If nursing services are recommended by a Committee for a student, such services would be documented as a related service in the student’s IEP.�� Section 200.1(ss)(2) of the Regulations of the Commissioner of Education defines school health services and school nurse services.��

14. If you are directly training a student with an auditory processing disorder, is it listed in the IEP as a consult or a service?�� If you are working with a student related to care and use of equipment, is it a consult or service? (Added 4/11)

The IEP would include a measurable annual goal for the student to acquire specific skills relating to auditory processing.�� The special education program/service where training would be provided directly to the student to address this need area (i.e., integrated co-teaching, special class, related service, resource room) would be indicated under Special Education Programs/Services.�� Recommendations for supports to be provided on behalf of the student are documented under the heading of Supports for School Personnel on Behalf of the Student.�� If the recommendation relates to an assistive technology device and/or service, it would be indicated in the section of the IEP entitled “Assistive Technology Devices and/or Services.”��

15. If you are consulting, do you need to write a goal for what you are working on or is the need met in the program modification or management needs? (Added 4/11)

If consultation to school personnel is needed to assist the student to meet these goals, this recommendation would be documented under “Supports for School Personnel on Behalf of the Student.”�� Such a recommendation is made as a result of the Committee’s identification of a specific need, and corresponding goal(s), identified for the student.