IEPs and Related Services

Three and four year olds have an IEP that identifies them as a “Preschooler with a Disability.” The Regional Committee on Pre-School Special Education, a division of the Committee on Special Education, recommends a pre-school program that will address the child’s needs. During the spring of the student’s 5th birthday (and before entering Kindergarten in September), the student will have a Turning 5 evaluation conducted by the CPSE. At the conferences to discuss the evaluation, an IEP is written which specifies the child’s disability and the program and service recommended to address his/her needs.

For further information, please contact Nancy DeFelice at 718-561-2052.

What is an IEP?

Individual Education Plans (IEP) are mandated by the Federal Individuals with Disabilities Education Act (IDEA). An IEP is a contract between parents and the local Department of Education which says what services the Department commits to provide to your child to address his/her particular needs to ensure success in school. These services include occupational therapy, speech therapy, physical therapy, counseling, hearing, vision and academic accommodations and modifications.

The classroom teachers and service providers revise each student IEP annually. The IEP team reviews a child’s IEP every three years (a “triennial”) to evaluate a student’s progress in meeting educational goals. Parents can request a review of the IEP at any time if they feel a change is needed.

If a child is progressing, he/she can be “decertified” as a special education child. Nevertheless, the child may still have an IEP if he/she continues to need certain services.

A Summary of Parent’s Rights for Your Child’s I.E.P

• The right to consent to all re-evaluations. However, if the Regional CSE makes documented efforts to obtain your consent for a re-evaluation and you do not respond to their request, they may conduct the re-evaluation without your consent.
• The right to participate meaningfully in decision-making through attendance at all IEP meetings. This includes your right to bring other individuals with special knowledge or expertise about your child to meetings to help in the decision-making process; however advance notification (72 hours) is required.
• To ensure that parents, providers and students have sufficient notification of the promotion criteria to be applied and to have the benefits of all necessary instructional interventions, student. IEPs must indicate the promotion criteria for the current school year prior to January 31st. For students who have an IEP meeting in the Spring and have a modified Promotion Criteria, the IEP Team must indicate on the IEP the promotion criteria that was established for the current school year as well as the promotion criteria for the upcoming school year. If additional space is needed, the information should be recorded on a blank sheet of paper and marked as Page 9A, with the student’s name, NYC ID number and date of conference indicated on the top of the page.
• The right to copies of evaluations and your child’s IEP.
• The right to conflict resolution (a new IEP Team meeting), mediation, and/or an Impartial Hearing if you disagree with any decision made about your child.
• The right to place your child in a State Education Department approved non-public school that offers an appropriate program for your child if the New York City Department of Education does not offer you an appropriate placement within the required timeframe. If you have the right to an approved non-public school, you should receive a P-1 letter “Eligibility for Private School” from the Regional CSE.
• The right to an independent evaluation paid for by the New York City Department of Education if the Department does not evaluate your child within 30 days of your signing of the consent to evaluate.
• The right to an independent evaluation if you do not agree with the Regional CSE’s evaluation. You must notify the Regional CSE of this request in writing. The Regional CSE may either agree to pay for an independent evaluation or they must initiate an Impartial Hearing to show that its evaluations are appropriate.
• If you challenge the Regional CSE recommendation, your child has the right to “pendency” or “stay-put” while you pursue mediation or an impartial hearing. This means that pre-school students may remain in their current education placement until the dispute is resolved, if that program also has an approved school-age program, unless the Regional CSE and parent agree to other arrangements. If the pre-school program is not approved for a school-age program, you and the Regional CSE will discuss options that are appropriate for your child during the appeal process.