Special Education

Attachment 1

Committee on Special Education
Subcommittee on Special Education
Committee on Preschool Special Education

Committee on Preschool Special Education (CPSE)

Each CPSE must include, but is not limited to:

  • the parents of the preschool child;
  • not less than one regular education teacher of the child whenever the child is or may be participating in the general education environment;
  • not less than one special education teacher of the child, or, if appropriate, not less than one special education provider of the child;
  • a representative of the school district who is qualified to provide or supervise special education and who is knowledgeable about the general education curriculum and the availability of preschool special education programs and services and other resources of the school district and the municipality. The representative of the school district shall serve as the chairperson of the committee;
  • an additional parent member of a child with a disability residing in the school district or a neighboring school district and whose child is enrolled in a preschool or elementary level education program, provided that such parent is not a required member if the parent(s) of the child request that the additional parent member not participate;
  • an individual who can interpret the instructional implications of evaluation results, provided that such individual may also be the individual appointed as the regular education teacher, special education teacher or special education provider, school psychologist, representative of the school district or a person having knowledge or special expertise regarding the student when such member is determined by the school district to have the knowledge and expertise to fulfill this role on the Committee;
  • other persons having knowledge or special expertise regarding the child, including related services personnel as appropriate, as the school district or the parents shall designate.  The determination of knowledge or special expertise of such person shall be made by the party (parents or school district) who invited the individual to be a member of the CPSE;
  • for a child in transition from early intervention programs and services, at the request of the parent, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child; and
  • a representative of the municipality of the preschool child’s residence, provided that the attendance of the appointee of the municipality shall not be required for a quorum.

Committee on Special Education (CSE)

Each CSE must include, but is not limited to:

  • the parents or persons in parental relationship to the student;
  • not less than one regular education teacher of the student whenever the student is or may be participating in the regular education environment;
  • not less than one special education teacher of the student, or, if appropriate, not less than one special education provider of the student;
  • a school psychologist;
  • a representative of the school district who is qualified to provide or supervise special education and who is knowledgeable about the general education curriculum and the availability of resources of the school district, provided that an individual who meets these qualifications may also be the same individual appointed as the special education teacher or the special education provider of the student or the school psychologist.  The representative of the school district shall serve as the chairperson of the Committee;
  • an individual who can interpret the instructional implications of evaluation results.  Such individual may also be the individual appointed as the regular education teacher, special education teacher or special education provider, school psychologist, representative of the school district or a person having knowledge or special expertise regarding the student when such member is determined by the school district to have the knowledge and expertise to fulfill this role on the Committee;
  • a school physician, if specifically requested in writing by the parent of the student or by a member of the school at least 72 hours prior to the meeting;
  • an additional parent member of a student with a disability residing in the school district or a neighboring school district, provided that the additional parent member may be the parent of a student who has been declassified within a period not to exceed five years or the parent of a student who has graduated within a period not to exceed five years.  Such parent is not a required member if the parents of the student request that the additional parent member not participate in the meeting;
  • other persons having knowledge or special expertise regarding the student, including related services personnel as appropriate, as the school district or the parent(s) shall designate.  The determination of knowledge or special expertise of such person shall be made by the party (parents or school district) who invited the individual to be a member of the Committee on special education; and
  • if appropriate, the student.

Subcommittee on Special Education3

The membership of each Subcommittee on Special Education must include, but is not limited to:

  • the parents of the student;
  • not less than one regular education teacher of the student whenever the student is or may be participating in the regular education environment;
  • not less than one of the student's special education teachers or, if appropriate, not less than one special education provider of the student;
  • a representative of the school district who is qualified to provide, administer or supervise special education and who is knowledgeable about the general education curriculum and who is knowledgeable about the availability of resources of the school district, who may also fulfill the requirement of the special education teacher of the student or, if appropriate, the special education provider of the student or a school psychologist.  The representative of the school district shall serve as the chairperson of the subcommittee;
  • a school psychologist, whenever a new psychological evaluation is reviewed or a change to a program option with a more intensive staff/student ratio  (e.g., change from a maximum class size of twelve students to a maximum class size of eight students, with one or more supplementary school personnel assigned to each class during periods of instruction), is considered;
  • an individual who can interpret the instructional implications of evaluation results, who may be a member appointed as a regular education teacher of the student, special education teacher or special education provider of the student, representative of the school district, school psychologist or other persons having knowledge or special expertise regarding the student, including related services personnel as appropriate, as the committee or the parent shall designate;
  • such other persons having knowledge or special expertise regarding the student, including related services personnel as appropriate, as the committee or the parent shall designate. The determination of knowledge or special expertise of such person shall be made by the party (parents or school district) who invited the individual to be a member of the subcommittee on special education; and
  • the student, if appropriate.

A Subcommittee on Special Education may perform the functions of the CSE, except when a student is considered for placement for the first time in a:

  • special class; or
  • special class outside of the student's school of attendance (i.e., outside the school the student would normally attend if not disabled); or
  • school primarily serving students with disabilities or a school outside of the student's district.

If a recommendation of a Subcommittee is not acceptable to the student’s parent(s), the parent may submit a written request to refer the recommendation to the CSE for its review. Upon receipt of such written request by the parent, the CSE must meet and review the recommendation of the Subcommittee.

Each Subcommittee must report annually the status of each student with a disability within its jurisdiction to the CSE.

Procedures Relating to the Attendance of Committee Members

From section 200.3(f) of the Regulations of the Commissioner of Education:

  1. A member of a committee on special education, a committee on preschool special education or subcommittee on special education is not required to attend a meeting of the committee, in whole or in part, if the parent and the school district agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting.
  2. A member of such committee may be excused from attending a meeting of the committee or subcommittee, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services if the parent to the student and the school district consent, in writing, to the excusal and the excused member submits to the parent and such committee, written input into the development of the IEP, and in particular written input with respect to their area of curriculum or related services prior to the meeting.
  3. Requests for excusal of a member of a committee as provided for in paragraphs (1) and (2) of this subdivision, and the written input as provided for in paragraph (2) of this subdivision, shall be provided not less than five days prior to the meeting date, in order to afford the parent a reasonable time to review and consider the request.  Provided however, that a parent shall retain the right to request and/or agree with the school district to excuse a member of the committee or subcommittee at any time including where the member is unable to attend the meeting because of an emergency or unavoidable scheduling conflict and the school district submits the written input for review and consideration by the parent within a reasonable time prior to the meeting and prior to obtaining written consent of the parent to such excusal.
  4. Requests for excusals do not apply to the parents of the student or the appointee of the municipality in the case of a committee on preschool special education.


3
Does not apply to CPSE
Last Updated: June 30, 2010