School FAQs

Getting Help From the School System

The school system is required to provide your child with a free and appropriate public education (FAPE). Services that may be necessary for your child to be successful are included in this law. Where do you start?

On This Page

Overview
Preschool
The Committee on Special Education (CSE) Process

Individualized Educational Plan (IEP) Process

Overview

There are three laws that guarantee children with disabilities a free, appropriate public education and/or prevent discrimination based on disability.

  • The Individuals with Disabilities Education Act (IDEA)
  • Section 504 of the Rehabilitation Act
  • Americans with Disabilities Act (ADA) [NOTE: ADA does not address FAPE]

The first step is learning to be an effective advocate for your child.  The process of getting the educational services your child needs may be complicated.  Keeping careful records may take a little time to learn, but it will pay off. 

Start keeping a loose-leaf binder with information about:

  • meetings
  • school records
  • letters from professionals working with your child
  • progress notes from school
  • medical records from psychiatrists,psychologists and other mental health professionals
  • records of medications
  • letters sent home from teachers regarding your child’s behaviors
  • report cards
  • telephone logs of calls between you and the school
  • correspondence with the schools
  • and other information about your child

Having this information handy in one place will make it much easier to navigate the special education system.

You can also attend advocacy training, or take advantage of advocates in the community.  Both Better Days Ahead and The Advocacy Center offer advocacy training.  This will help you learn more specific techniques for working with school officials to get your child what he/she needs to do well in school.

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Preschool

You are not alone.  Parents and caregivers have found themselves at some point, either wondering or being told if their child is "normal", especially early on and if you are a new parent.  It can be confusing to know the difference between what is typical child development and what may not be.

If you are looking for information on signs and symptoms go to Warning Signs page or you can find other resources on the More Child Mental Health Resources page. 

To learn more about what you should know about the screening process and might want to consider as "next steps" if your child is in preschool, go to School FAQs - Preschool page.

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The Committee on Special Education (CSE) Process

Start by making the CSE referral.

The first step in the process of getting special education services is the referral. This is a formal request by you that would like your child to be evaluated for special education services.  First, talk to the teacher about your concerns regarding your child. The teacher will want to know your concerns, and you may have suggestions yourself about ways to help your child while the special education process is being started. 

You must write and submit the letter to request an evaluation for Special Education. Call the Special Education Office in your district to find out to whom to send the letter to.  It is also a good idea to send a copy of the letter to the principal and teacher so that they are kept aware of what is going on. Make sure to keep a copy of the letter for your personal files.

It is best to call again in a few days to be sure your referral was received.  It is suggested that you hand deliver your letter or at the very least send it certified with a return receipt requested. This minimizes the possibility of lost paperwork and delayed meetings.

Prior to the meeting the school will conduct testing with your child to assess cognitive functioning and academic achievement.  When the referral is processed, you will be notified in writing of the date, time and place for the meeting (districts are only required to give you five (5) days notice).  The notice will, include information about your right in the process.

"When I was trying to get Special Ed services for my daughter, the CSE Chairperson told me that the squeaky wheel gets the oil.  I can’t believe how it has been up to me to stay on top of my daughter’s program by calling, calling back, and coordinating calls and meetings between schools, professionals, and me."  - Parent

Get a copy of the booklet "A Parent’s Guide to Special Education for Children Ages" 5-21, which is put out by the State Education Department to describe the special education process, programs and services - this version has not been updated with the most recent changes in State and federal special education laws.  To see the most current New York State regulations on special education go to the New York State Education Department's website and when you're at the site the laws and regulations that may be of most interest to you are:

  • New York State regulations "Parts 200 and 201..."
  • Federal Law - Individual with Disabilities in Education Act
  • Federal Law - Section 504 of the Rehabilitation Act

Copies are available through the New York State Office for Special Education Services,  RSE-TASC (Regional Special Education Technical Assistance Support Center), formerly known as SETRC (Special Education Training Resource Center) or through your child’s home school district. This guide is also available in Spanish.

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Your notification that the CSE referral has been processed

At this stage, once you have been notified that you will work with the Committee on Special Education (CSE).  This is a team that coordinates your child’s evaluation, recommends programs and services, and oversees the implementation or startup of special education services for the school district. 

The required members of the team are:

  • A general education teacher
  • A psychologist
  • A special education teacher or administrator
  • The school physician, when required or requested
  • The parent of a different child with a disability, unless they are unavailable or you request that they not attend
  • The CSE chairperson
  • You, the parent/caregiver
  • Your child, especially if your child is 14 years or older   

Remember, you are a very valuable member of your child’s CSE – you are the expert on your child.  Share any pertinent paperwork with the CSE.  The CSE will decide if further testing is needed based on testing that has already been done. The full process from referral to recommendation of an educational program must be completed within 45 school days from the time your referral is received. 

The CSE Evaluation

The evaluation is a comprehensive assessment of your child’s skills and abilities in school and elsewhere.  Different school personnel perform various types of testing. 

The evaluation includes:

  • Physical examination
  • Psychological examination
  • Social/emotional history (history of the family)
  • Classroom observation
  • Vocational assessment (if your child is 14 years or older)
  • Educational testing   

At this point you should be very closely involved in the CSE process.  You can work with the CSE to decide what kind of evaluation is appropriate.  You might be able to provide information from other agencies or your own experience with your child.  You might have to contact the head of your CSE regularly to ensure that they have the information from you that will help your child. 

The CSE must then decide what other kinds of information are needed to give them a complete picture of your child’s needs. The CSE must have your permission before beginning any testing on your child. 

They will send you a letter outlining:

  • Why your child is being evaluated
  • What kind of testing they wish to perform and why
  • What your rights are in the process and
  • Who to speak to about any questions or concerns you have   

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Considering a "second opinion"

If you feel that the evaluation is not complete or if you disagree with the results, you have the right to request an independent evaluation at the school district’s expense.  An independent evaluation is like a “second opinion” about your child’s need for special education services.

The first step in getting an independent evaluation is to talk with the CSE Chairperson about your concerns – you may be able to get it resolved at this point without pursuing a "second opinion."  If you are still not satisfied, you can request information from the school district about getting an independent evaluation.  

You should submit in writing a request that the district pay for this evaluation.  The district may tell you that you have to choose an independent evaluator from the list provided by the district.  This is not true -- you can choose any evaluator, and ask the district to pay, as long as the evaluator uses the same methodology that the district's evalutors use.  The district may refuse to pay, especially if you go to someome who is not on its list -- but by law, the district is required to pay for the independent evaluation, unless it asks for an impartial hearing to show that the district's own evaluation is appropriate.

You have many rights in this process.  These include the right to:

  • Provide information for the evaluation
  • Receive information on the specific areas of educational need
  • Have your child’s confidential records protected
  • Give or withhold consent for any testing
  • Request an informal conference regarding the initial evaluation or to have an independent evaluation if you disagree with the results

The process from referral to recommendation of a program must be completed within  60 school days of your request.

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The CSE Recommendation

After an evaluation has been completed, the Committee on Special Education will meet to decide whether or not to recommend special education services.  You should attend this meeting along with your child, if possible, to provide input to the committee.  At this meeting you and members of the CSE will look at the evaluation materials and study them.  Again, your input at this meeting is very important.  You should bring with you any other information you have on your child that might help the CSE makes its decision.

To prepare for this meeting, get copies of the evaluation reports ahead of time and study them. 

You can contact the people who did the evaluations if you have any questions about the materials.  You might want to make notes of your thoughts about the evaluation materials, as well as any other important points you want to address at the meeting.

The CSE will try to answer the following questions about your child:

  • What are the child’s special learning needs?
  • Does the child qualify for special education?  Why or why not?
  • What is the primary disability?
  • What special services and programs are recommended for this child?   

Classifications for children with special education needs

There are several types of disability labels used for classifying children with special education needs.  The thing to remember about these classifications is that in order to receive them, the child’s challenges must often be shown to interfere with his school performance. There are some exceptions, but they can be difficult to understand. 

The classifications most often seen in children with emotional or behavioral challenges are:

  • Emotionally Disturbed - students who have difficulties in school that cannot be explained by interference with intelligence, sensory or health factors are labeled ED.  Such students may be unable to build satisfactory relationships, may be generally unhappy, or may have inappropriate behaviors or feelings, and a tendency to develop physical symptoms or fears associated with school or personal challenges.
  • Learning Disabled - these students have a disorder that causes them to have challenges understanding or using language or arithmetic that is not due to emotional, mental, cultural, or environmental reasons.
  • Autistic - this is a syndrome defined by difficulty in responding to people, events and objects.  Responses to light sound and feeling may be exaggerated and speech and language are often delayed.
  • Other Health Impaired - some districts may use this label for children who have certain types of behavioral disorders or emotional challenges such as Attention Deficit/Hyperactivity Disorder.

A complete list of education disabilility labels can be found here.  We have not discussed all of the possible labels in this section.  The ones we have listed are the ones that are the most commonly seen in the public education system (children with emotional or behavioral problems).

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The Decision of the CSE

It is possible, at this stage, for the CSE to decide that your child is not eligible for special education services. 

Other possible decisions may include:

  • Your child does not have a disability as defined by Education Law
  • Your child’s disability is not severe enough to need special education services
  • Not enough information is available to make a decision
  • Your child has educational needs that require special attention, but does not qualify for special education services.

If your child does not qualify for special education services, you can ask the CSE to make adaptations to the regular school program using your legal rights under Section 504 of the Rehabilitation Act. 

Section 504 of the Rehabilitation Act "at-a-glance"

Accommodations under Section 504 are guaranteed to students with disabilities if they are needed in order for the student to learn.  However, the law allows districts to choose whether the CSE will be responsible for Section 504 implementation, or whether the school will be responsible.  

If your district has chosen to do this at the school level (as the Rochester City School District has done, for example but each district is different) then you will have to go back to your child's school to start the Section 504 process.   It is important to keep advocating for this at the school level, because Section 504 rights often get "lost in the shuffle" when you are going back and forth between the CSE and the school.

Final thoughts on the CSE process

If you disagree with the committee’s findings contact the CSE chairperson to discuss your concerns.  If you cannot reach an agreement, you may request an impartial hearing.  If you are involved in the process, however, the recommendation of the CSE should not be a surprise and minor disagreements can usually be resolved.
   
If the CSE decides that your child is eligible then several things must occur starting with the writing of an Individualized Educational Plan (IEP).

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Individualized Educational Plan (IEP) Process

The IEP will address:

  • The area(s) of the child’s disability
  • The child’s strengths and needs, both in school and out
  • Your child’s current level of educational performance, in a section called “Present Level of Performance”   

Be sure that your child’s challenges are described, in specific measurable terms, whenever possible.  It is difficult to show a child has improved his performance when the problem is worded vaguely. 

For example, if the CSE uses a description such as “Jane is easily distracted”, ask them to use more specific terms like “Jane leaves her seat 4 times an hour”. 

Use the following as a guide to understanding the elements that are part of your child's IEP.  Remember, having specific goals which clearly identify your child’s accomplishments or continued challenges will be easier for everyone to notice and measure progress.

Guide to IEP elements:

  • The goals your child is expected to reach the next year are taken from the results of the evaluation and based on the “Present Level of Performance” section of the IEP and your child’s challenges.
  • The short-term instructional objectives – specific goals that your child will reach in order to attain the annual goals.
  • Ways to determine if your child has reached these goals, as part of the Evaluation Procedures section. This needs to be measurable.  (e.g. – Jane will leave her seat 3 times/hour)
  • The types of programs and services your child is to receive.
  • What regular education services your child will receive.
  • Any other types of services your child will receive such as counseling or physical therapy.
  • The dates services will begin and how long they will last.
  • A plan for transition to education, employment, or rehabilitation for any child, who is at least 14 years old
  • The type of classroom or school ("placement") where your child will receive services -- see below   

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The continuum of services

Trying to figure out what services your child needs can be one of the most difficult parts of the special education process.  Sometimes schools will recommend services based on what has traditionally worked in the past and, like many large systems, they can be slow to change and embracing innovation, but don't let that deter you from what you feel is in the best interest for your child.  

Here is a list of the various services or settings that might be part of a recommendation:

  • Regular Education - these are classes that are an expectation for students with disabilities to participate in whenever possible and appropriate and do not necessarily include any special education teacher support services to the student.
  • Support Services - this includes counseling and vocational services, as well as teacher consultation for students moving from special education to regular education services and programs.
  • Related Services - these provide instruction or assistance in special skills that are not directly related to academic areas, such as speech and language therapy, physical therapy, occupational therapy, counseling, etc.
  • Consultant Teacher Services - this service is provided to the student or to another teacher by a special education teacher in order to provid the opportunity for the student to remain in a regular education classroom.
  • Resource Room Instruction - this is a supplement to regular education by providing instruction in a separate room by a special education teacher for at least 3 hours a week and no more than ½ of the school day.
  • Integrated Co-teaching Classroom - this is an "inclusion" class, where some of the students are in regular education and some are in special education. There is no limit on the total number of students, but the district cannot place more than 12 special education students in the class.
  • Special Class Instruction - students are taught in a separate class with specified student-teacher ratios of fewer than 15 students to one teacher and a teacher’s aide.  (Classes can consist of 15, 12, 8, or 6 students, depending on your child's needs.)
  • A Special School - when a student needs a highly specific type of instruction with lots of support they are sometimes placed in a school with similar students.  This could be in a BOCES school or in a privately-run Day Treatment Program.
  • Day Treatment - this is a placement that is usually made through the school system when the child’s emotions or behaviors prevent learning from taking place in a typical school environment. The day treatment centers in Monroe County all provide education as well as basic therapeutic and psychiatric services.  You should visit each of the day treatment centers if your child may be placed there, and ask about their behavioral management techniques, suspension policies, and ways of communicating and working with parents, as well as any other questions you might have.

Determining exactly what your child needs can be very difficult.  The right kind of evaluation can help you and the CSE decide what would best help your child.  You can also provide input as to what classroom situations have worked well (or poorly) for you in the past.

"We kept our son in a private school for years; we didn’t want him to be in special education.  When we finally moved to Rochester and made the change, I realized that there were many things about the private school classes that really helped my son.  His challenges were mainly social, and the school he had attended emphasized cooperation in learning.  The classroom actually helped my son get better because they required students to work together for grades.  They also controlled students’ behaviors toward one another, and emphasized respect.  I knew that I could bring that up to the CSE in hopes that they could somehow integrate these methods into his special education placement." - Parent

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Least restrictive environment and inclusion

The special education laws guarantee that your child will be educated in the least restrictive environment (LRE).  LRE means that your child has the right to inclusion in a regular classroom like any other student.  Your child can only be removed from the regular classroom when the severity of the disability is so great that any type of changes to your child’s program or support for him in this classroom will still not allow him to achieve his educational goals.

You should discuss the least restrictive environment for your child with the CSE.  For some, LRE means your child might stay in a regular classroom with special supports.

Special supports may include: 

  • Team teaching – a special education teacher teaches with a regular education teacher.
  • An aide helps the child pay attention, stay on track, or do work.
  • Help from a teacher or counselor in a crisis.
  • Services in a special education classroom for short periods of time.   

When the IEP is completed you must consent to it before services begin.  You do not have to sign the IEP.  You might find it useful to take the IEP home and study it before giving your consent.  You can also investigate the recommended programs and services yourself or talk with an advocate about them. Sometimes when you get away from the CSE setting you may be uncomfortable with the recommendations that were laid out.  You can still renegotiate your child's IEP before giving consent. 

Here's what you can do if you think you want to renegotiate the IEP:

  • Call the school where the child’s program will take place: arrange for a visit.  Some people will find it helpful to take a friend with them on this visit. 
  • Talk with your child; describe the differences in his/her new educational program; answer questions as best as you can.
  • Check into transportation arrangements.
  • If necessary call the CSE Chairperson and tell them you have reconsidered parts (or all) of the decision of the CSE and that you'd like to talk about alternatives.

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Implementation

Implementation are the actual changes to the educational program that is made based on the CSE’s recommendations.  As noted above, the process from referral to recommendation of a program must be completed within  60 school days of your request.  It is important that you as the parent keep in touch with your child or the school to be certain that all the recommended changes take place.

Schools have tons of paperwork going through the system.  If you find that your child’s program has not been put in place then it is best to call the CSE Chairperson to tell them know.  This  should resolve the issue, but if it doesn’t then keep up the calls and don't be afraid to speak firmly.  If you are still running into issues then call the State Education Department which is located in Batavia at 585-344-2112.
   
When reviewing your child’s recommended program as suggested by the NYS Department of Education, remember to consider the following: 

  • Does my child need alternative testing techniques to be able to truly exhibit knowledge and demonstrate skills? (e.g. if he has a spelling disability they might ignore spelling errors on a science test)
  • When will my child be taking the Preliminary Competency Tests, Regents Competency Test or Regents Exams?
  • If my child fails the Regents Competency Tests, when will the remediation be provided?
  • Is my child receiving credit in special or regular classes?
  • How many credits are needed for a diploma?
  • Will my child need to stay in school beyond age 18 to receive a diploma?
  • What type of diploma will my child receive?

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Annual/triennial review

Once the educational program is in place, it must be reviewed by the CSE at least once a year. 

This annual meeting should include:

  • the parents/caregiver and student
  • the Committee on Special Education
  • the Student’s teacher
  • others invited by parents (family mentor, natural supports, other family members, etc...)
  • representatives from other agencies if student is enrolled in an out-of-district program   

At this time, the CSE will review the educational program to determine if it is meeting your child’s educational needs.  If your child is failing or is extremely unhappy or anxious in school then this is an excellent time to address why that might be happening. This is another good chance to use your note-keeping skill on your child’s progress. 

At this meeting, you can present any information in support of whatever you feel is best for your child.  If you have specific suggestions or recommendations, be sure to bring them up.

It is possible that the CSE could decide this program has met your child’s needs and there is no longer a disability that affects educational performance. This should be indicated by your child performing at or above grade level. Your child would no longer need special education if that happened.  As with any other decision of the CSE, if you disagree, you may discuss it with the CSE and initiate an impartial hearing to appeal any decision with which you disagree.

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Disagreements, solving challenges and due process

There are many avenues built into the system for resolving disagreements between the parents and the CSE.  Even when you have a very cooperative relationship with the CSE, disagreements happen.  The best way to start trying to resolve disagreements is to contact the people who work with your child.  Using a problem-solving approach will help you get the best results. 

There are 5 steps you can use to solve challenges.  Many parents find it helpful to write out these steps before talking with school professionals (adapted from Finding Help, Finding Hope:  A guidebook to School Services for Families with a Child who has Emotional, Behavioral or Mental Disorders.  W. Anderson, Federation of Families for Children’s Mental Health: 1994).

  1. Clarify:  Look at all the facts and express the feelings associated with the problem.
  2. Define: Make a clear, short statement about the situation.
  3. Search: Think of as many ways as you can to work on the problem and reach a solution.
  4. Select from among the ideas you have come up with, choose the one you believe will work.
  5. Plan and Do: Decide upon actions that are specific, can be carried out in the short term and are rewarding, so that you feel a sense of accomplishment. 

If you do not get the results you want following this process with the people who work closely with your child, don’t waste any time – go up the ladder to people with more authority.  The CSE chairperson has a big say in your child’s program.  This person has attended the meetings about your child and is familiar with your child, as well as able to advocate for changes in educational programs.

If this does not work, there are also several points where you can request an Impartial Hearing.  If you are dissatisfied with the outcomes of meetings with the CSE Chairperson, tell the Chairperson you would like to start the hearing process. 

You can also contact the following offices for more information on how to use your due process rights:

  • Midwest RSE-TASC Parent Center (formerly known as SETRC) at 585-546-1700
  • Office for Special Education Services at 585-344-2112

Finally, specific information about due process rights can be found in the publication A Parent’s Guide to Special Education for Children Ages 5-21 published by the New York State Education Department and available through you local school district. It is often recommended that families consult an attorney before bringing an impartial hearing.

There are several attorneys in the Rochester area who provide this service at no cost to parents -- however, each attorney has his or her own criteria for whether your case will be accepted.

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