Students with Disabilities
7000 - Students
7611 - CHILDREN WITH DISABILITIES
The Board of Education recognizes the existence of individual differences in the intellectual, social, emotional and physical development of children attending school in the District. Each student with a disability residing in the District shall be provided with full access and opportunity to participate in District programs, including extracurricular programs and activities, that are available to all other students enrolled in the public schools of the District. Parents/guardians of students with disabilities, including those students placed in out-of-District programs, shall receive timely notice of such District programs and activities. The Board supports a system of services offered in the least restrictive environment for children with disabilities which includes:
- Not requiring any student to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services.
- Providing for the education of students with disabilities with non-disabled peers to the extent appropriate.
- Taking measurable steps to recruit, hire, train and retain highly qualified personnel to provide special education programs and services.
- Establishing the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments:
- Ensure that necessary accommodations are clearly specified on individualized education program (IEP) or Section 504 Accommodation Plan;
- Review the need for accommodations at Committee on Special Education (CSE) evaluations/re-evaluations;
- Facilitate the dissemination of information regarding allowable accommodations.
- To the extent feasible, using universal design principles, addressing appropriate assistive technology in a student's IEP, maintaining a loan closet of AT tools available for student use when required (as determined by the CSE), providing appropriate staff development, and registering the District with NIMAS.
- Consideration of the location of a school program(s) to a student's residence, before placement into an educational program.
- Adoption of written policies and procedures ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner's Regulations.
- Allocation of appropriate space within the District for special education programs that meet the needs of students with disabilities.
- Assurance that appropriate space will be available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES.
- Except as provided pursuant to 8 New York Code of Rules and Regulations (NYCRR) Section 200.22(e) and (f), the District shall not employ the use of aversive interventions to reduce or eliminate maladaptive behaviors.
The district of location is responsible for child find, including individual evaluations, Committee on Special Education (CSE) meetings, provision of special education services, and due process to parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district.
The new requirements do not pertain to parental placements of preschool children with disabilities in private day care or preschool programs or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, and State-supported or State-operated schools, nor does it apply to Charter schools. These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools.
Parental consent must be obtained by the school district of location before any personally identifiable information about the student is shared between officials in the public school district of residence and officials in the public school district of location. Parental consent must also be obtained by the school district of location prior to the sharing of personally identifiable information with the nonpublic school.
The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the District. The District must engage in consultation regarding the child find process and services generally; consultation is not specific to individual students. Individual services are determined by the CSE.
The consultation process must be timely and meaningful and include discussion of:
- Child Find
- Provision of Special Education Services
- Use of Federal Funds
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)
21 United States Code (USC) Section 812(c)
Education Law Sections 3208 and 4401-4407
20 United States Code (USC) Section 9101(23)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.2(b)(3), 200.2(c)(2)(v),
200.4(e)(9) and 200.6(a)(1)
Policy Cross References:
- » 7615 - LEAST RESTRICTIVE ENVIRONMENT