Special Education

Questions and Answers on Individualized Education Program (IEP) Development, The State's Model IEP Form and Related Documents
Disability Classification (Updated Arpil 2011)

The following questions and answers address some of the important issues raised by requests for clarification of the federal and State requirements for IEPs.  This document will periodically be updated.  This guidance does not impose any requirements beyond those required under applicable law and regulations.  This document supersedes any previously issued guidance on this topic.

If you have questions regarding the IEP form and related requirements, you may submit them to the following mailbox:  SEFORMS@mail.nysed.gov.


  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 language other than English (LOTE) 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" or LOTE 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.

 

Last Updated: April 14, 2011