4000

INSTRUCTIONAL GOALS

The development and maintenance of optimal educational programs are the primary functions of the Board of Education. The Board's instructional goals for district students include the following:

1. to promote a respect and desire for learning

2. to provide all children with fundamental academic skills and knowledge required to help students to master the state learning standards;

3. to teach and demonstrate the importance of mutual respect and understanding;

4. to establish an educational climate which encourages and develops leadership characteristics, creative thinking and high standards of accomplishment;

5. to teach appreciation of arts;

6. to teach an understanding of the human being's place in the environment;

7. to provide opportunities for students to learn and exercise their roles, rights and responsibilities as citizens;

8. to foster an exchange of ideas among students and staff;

9. to encourage and assist students to develop democratic relationships with all people regardless of group membership; and

10. to provide realistic opportunities for each student to achieve success and develop a positive self-image.

Cross-ref : 0210, Goals for Instructional Program

1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

EQUIVALENCE IN INSTRUCTIONAL STAFF AND MATERIALS

 In accordance with federal regulations, the Board of Education will ensure equivalence among district schools in teachers, administrators, and auxiliary personnel; and in the provision of curricular materials and instructional supplies. The Superintendent of Schools shall follow the State Education Department guidelines in determining such equivalence on an annual basis, and report to the Board on the status of district schools with regard to equivalence.

Cross-ref : 1900, Parental Involvement

4325, Compensatory Education

6231, Title I/PSEN Programs and Services

Ref : 34 CFR ' 200.43(c)(1)(i) (ESEA Title I Program in Local Educational Agencies)

State Education Department, Office of School Improvement Grants Management and Compliance, Consolidated Application and Applicant's Guide and Instructions for Consolidated Application

 1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

 SCHOOL CALENDAR AND SCHOOL DAY

 The school calendar, adopted annually by the Board, following consultation with duly authorized employee groups, will provide for the minimum days required by law. The school day shall be arranged and scheduled by the administration within the limitations of school facilities, employee organization agreements and requirements of state and federal laws and regulations.

Ref : Education Law '' 3015(2); 3101(3); 3204(4); 3604(7-8)

8 NYCRR Part 175

1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

 CURRICULUM DEVELOPMENT

In order to achieve its annual instructional goals, the Board of Education supports a collaborative approach to district curriculum development. Such an approach must recognize the interrelation of curriculum and effective instructional processes, as well as interdisciplinary applications and articulation of programs from one level to the next.

The curriculum will include basic content area knowledge and related skills, with the realization that such information needs continuous updating. Curricula will also be designed to encourage transferable concepts/skills, including critical thinking skills. The Board is committed to providing district students and staff with appropriate instructional materials to implement curricula.

Under the guidance of the Superintendent, the Assistant Superintendent for Curriculum and Instruction will be responsible for supervising the development, presentation and evaluation of curriculum content, and its scope and sequence for grades Pre-K through 6. The Assistant Superintendent for Curriculum and Instruction facilitates the articulation of curriculum among instructional levels, monitors compliance with federal, state and local mandates, reviews programs, services and activities affecting curriculum and coordinates staff training and development to enrich teaching and learning activities.

Parents and members of the community are also encouraged to provide feedback on district curricula and instruction. The Assistant Superintendent for Curriculum and Instruction will consult with Building Principals, teachers, and parents, in order to promote a continuing review and upgrading of such curriculum.

District Curricula will be aligned with the New York State Learning standards and reflect the expectations for student success on state and local assessments. The Board expects administrators and staff to work together in evaluating the educational program and recommending changes or additions in courses, programs, instructional methodology, and/or staff development activities which are necessary to implement such changes and/or additions.

The Board will receive regular reports on curriculum-related matters, such as instructional programs, the work of curriculum committees, and periodic evaluation of specific curriculum areas. The Superintendent will also be responsible for implementing curriculum studies, including pilot projects, as authorized by the Board.

Cross-ref: 4325, Compensatory Education
Ref: Education Law 1709(3); 1711(5)

 1 st Reading 5/28/02
2 nd Reading & Adoption 6/24/02

1 st Reading for August 21, 2007
2 nd Reading and re-adoption September 18, 2007

DISPLAY OF THE FLAG

 The Board of Education believes that the flag of the United States is a symbol of the values of our nation, the ideals embedded in our Constitution and the spirit that should animate our district.

The district shall maintain a United States flag, flag staff and the necessary appliances for its display upon or near every school building. There shall also be a flag on display in every assembly room and classroom in every school.

The flag shall be flown at full- or half-staff pursuant to law. In addition, the flag may be flown at half-staff to commemorate the death of a present or former Board member, present employee, teacher, student, clerk or custodian.

Consistent with national and state law and regulations and this policy, the Superintendent of Schools shall develop rules and regulations for the proper custody, care and display of the flag.

Cross-ref : 4311, Citizenship Education

Ref : Education Law '' 418; 419; 420; 802

Executive Law, Article 19

8 NYCRR Part 108

Lapolla v. Dullaghann, 63 Misc 2d 157 (1970)

 1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

 AIDS INSTRUCTION

In compliance with the regulations of the Commissioner of Education, the district will provide classroom instruction concerning Acquired Immune Deficiency Syndrome (AIDS) as part of a sequential and comprehensive health program for all students, K-6. Instruction must be offered during regularly scheduled classes. Such instruction will be age-appropriate, and include the following information:

1. the nature of the disease;

2. methods of transmission of the disease; and

3. methods of prevention of the disease (stressing abstinence as the most effective and appropriate protection against AIDS).

Pursuant to the Commissioner’s Regulations, parents will be advised that a student may be excused from that segment of AIDS instruction regarding methods of prevention of the disease if his/her parent/guardian files a request with the Building Principal. . The request must give assurance that such instruction will be given at home.

The Board has established an advisory council which is responsible for making recommendations on content, implementation, and evaluation of the AIDS instructional program. The advisory council must consist of Board members, appropriate school personnel, parents and community representatives, including representatives from religious organizations.

Cross-ref : 1210, Citizens Advisory Committees

2260, Advisory Committees

Ref : Education Law ' 3204(5)

8 NYCRR '' 16.2; 135.3

Ware v. Valley Stream High School District , 75 NY2d 114 (1989)

New York State School Boards Association v. Sobol, 168 AD2d 188 (1991)

Matter of Ware, 28 EDR 415 (1989)

1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

 TEACHING ABOUT DRUGS, ALCOHOL, TOBACCO

The Board of Education views with grave concern the serious implications of alcohol, drug, and tobacco use by young people, in the United States and especially in the school district. In keeping with its primary responsibility--the education of youth--the Board directs the professional staff of the district to continue to investigate the causes of student involvement with drugs, tobacco and alcohol, and to develop suitable preventive measures however and whenever feasible.

The Board and the professional staff shall continue to seek ways to educate students and school staff of the district about the dangers of the illegal use of drugs and the abuse of alcohol and tobacco. Instruction will include sessions about the causes and effects of drug, alcohol and tobacco abuse, especially in young people.

The following objectives must be realized if the goal of minimizing drug, tobacco and alcohol abuse is to be achieved:

1. students shall be encouraged to identify the problem and its causes and to organize to solve it;

2. they should understand the nature of legal and illegal drugs and tobacco;

3. they shall be encouraged to develop a set of values and behavioral insights which shall give them a deeper understanding of themselves and society;

4. they shall be encouraged to identify and adopt healthy lifestyle choices. and

5. they shall be encouraged to make constructive decisions concerning the use of drugs, alcohol, and tobacco.

While the Board in no way condones the abuse of illegal or harmful substances, it is in the interest of student and staff health that a climate be created in the schools so that individuals with problems may seek to receive help without fear of reprisal.

Cross-ref : 5312.3, Smoking

Ref : Education Law ' 804

8 NYCRR '' 100.2(c)(3)

 1 st Reading 12/18/01

2 nd Reading & Adoption 1/29/02

4321

PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND ARTICLE 89

                                               
Special Education Policies
To be adopted
1st Reading 6/19/07
2nd Reading & Adoption 7/9/07

4321                Equal Opportunity to Participate in District Programs  (replaces current)
4321(a)            Participation in the General Education Curriculum
4321.2(a)         Participation in Preschool Programs
4321.2(b)         Parental Consent for Evaluation of a Preschool Student Suspected of Having a Disability
4321.3             Independent Educational Evaluations at Public Expense (replaces current)
4321.4             Selection and Appointment of Impartial Hearing Officers (replaces current)
4321.5             Provision of IEPs to Teachers and Service Providers  (replaces current)
4321.6             Guideline for Participation of Students with Disabilities in State and Districtwide Assessments
4321.6(a)         The Use of Universal Design Principles in District Assessments
4321.7             Confidentiality of Student Records
4321.8             Declassication of Students with Disabilities
4321.9             Instructional Materials - Availability of Alternative Formats for Students with Disabilities
4321.10           Schoolwide Approaches and Prereferral Interventions
4321.11           Special Education Personnel
4321.11(a)       Highly Qualified Personnel

                                                                                    4321

EQUAL OPPORTUNITY TO PARTICIPATE IN DISTRICT PROGRAMS

            The Board of Education recognizes that a complete educational experience includes access to all District programs, services, and extracurricular activities. Therefore, it is the District’s policy to ensure that all students with disabilities have the opportunity to participate in school district programs, to the maximum extent appropriate to the needs of the student, including extracurricular programs and activities, which are available to all other students enrolled in the District.

            Such programs shall include but are not limited to: required state achievement tests; accelerated courses; remedial instruction; second language instruction; computer instruction; guidance; and transition services.  In addition, the District will ensure that students with disabilities have access to all offered programs on the same basis as such programs are available to typical youngsters.  With regard to intermural, intramural and extracurricular activities, the District shall ensure that a student with a disability has an equal opportunity to participate in athletics, health services, recreational activities, special interest groups, clubs and referrals to agencies assisting students with disabilities.

            The following procedures will be followed to ensure that each student with a disability has access to the full range of District programs: 
                                                                                   
1.         Each student with a disability will be informed in the same manner in which non-disabled students are informed of the availability of such programs and the student’s eligibility to participate in each program; and

            2.         The Board will make all necessary and appropriate modifications to ensure the programs and activities of the District are accessible to students with a disability

Legal References:       20 U.S.C. §1412
                                    34 C.F.R. §§300.305, 300.306
                                    8 N.Y.C.R.R. §§100.2(k), 200.2(b)(1)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

PARTICIPATION IN THE GENERAL EDUCATION CURRICULUM

            The Board of Education shall make available to all students with disabilities a free and appropriate public education (“FAPE”) that meets their individual educational needs in the least restrictive environment, in compliance with State and federal law. The provision of FAPE shall include special services and programs that enable students with disabilities to be involved in and progress in the general education curriculum to the maximum extent possible.

            The Board shall take the following steps to ensure that every student with a disability is educated in the least restrictive environment:

1.         Special services and programs shall be made available to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate. Such services may include, but are not limited to, consultant teacher services and other group or individual supplemental or direct special education instruction, specially designed instruction, related services, and other supplementary services that are provided to the student in the general education classroom;

2.         A student with a disability shall be provided with all the special education services identified on the student’s IEP;

3.         Students with disabilities placed together for purposes of special education shall be grouped by similarity of individual needs, with consideration of the following:

(i) The range of academic or educational achievement of such students shall be limited to assure that instruction provides each student appropriate opportunities to achieve his or her annual goals. The learning characteristics of students in the group shall be sufficiently similar to assure that this range of academic or educational achievement is maintained.

(ii) The social development of each student shall be considered prior to placement in any instructional group to assure that the social interaction within the group is beneficial to each student, contributes to each student's social growth and maturity, and does not consistently interfere with the instruction being provided. The social needs of a student shall not be the sole determinant of such placement.

(iii) The levels of physical development of such students may vary, provided that each student is provided appropriate opportunities to benefit from such instruction. Physical needs shall be considered prior to determining placement to assure access to appropriate programs. The physical needs of the student shall not be the sole basis for determining placement.

(iv) The management needs of such students may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction.

Legal References:       8 N.Y.C.R.R. §§200.2(b)(4), 200.6(a)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

PARTICIPATION IN PRESCHOOL PROGRAMS

            The Board of Education recognizes the crucial role that preschool programs play in early intervention for children with disabilities. The District shall ensure that every preschool student with a disability residing in the District has the opportunity to participate in preschool programs.
           
            The following steps will be followed to ensure that each preschool student with a disability has access to preschool programs:

            1.        The District will maintain a list of all preschool programs within Nassau and adjoining counties.

            2.         The list will be available to the parent of a student with a disability at the student’s initial CPSE meeting and in the District’s office for Special Education.

•       The list of preschool programs shall be available for dissemination at appropriate sites including, but not limited to, pre-kindergarten, day care and head start programs within the district, and Early Childhood Direction Centers.

Legal References:       8 N.Y.C.R.R. §§200.2(b)(2), 200.2(e)(3)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

PARENTAL CONSENT FOR EVALUATION OF A PRESCHOOL STUDENT SUSPECTED OF HAVING A DISABILITY
           
            The Board of Education recognizes that informed parental consent is essential before conducting an evaluation of a preschool student suspected of having a disability. A parent’s receipt and understanding of the District’s request for consent to evaluate a preschool student is necessary for informed parental consent.                                     

             In order to assure that every parent has received and understands a request for consent to evaluate a preschool student, the Board enacts the following practices and procedures:

            1.         No preschool student will be evaluated without prior, informed parental consent in which the parent understands and agrees in writing to the activity for which consent is sought;

            2.         Every request for consent will be accompanied by a written explanation, in the parent’s native language or other mode of communication, of the evaluative process as relevant to the individual student, and the reasons that consent is requested;

            3.         When a request for consent goes unanswered, the District shall make a second attempt to contact the parent in order to secure consent to evaluate;

            4.         The parent shall be informed that consent is voluntary and may be revoked at any time;

            5.         For parents of preschool students referred for the first time, the request for parental consent to the proposed evaluation shall advise the parents of the right to consent or withhold consent to an initial evaluation of the student;

            6.         Such notice shall include a list containing a description of each preschool program which has been approved by the Commissioner to provide evaluating in Nassau and Suffolk counties, and the procedure which the parent should follow to select a program to conduct an evaluation;

            7.         The parent shall be informed that, upon request, the parent will be given an opportunity to attend an informal conference with the CPSE or designated professional most familiar with the proposed evaluation, the person who referred the student and counsel or an advisor of the parent’s choice to ask questions regarding the proposed evaluation.

Legal References:       8 N.Y.C.R.R. §§200.1(l), 200.2(b)(5), 200.5(b), 200.16(h)

1st Reading June 19, 2007                  2nd Reading & Adoption July 9, 2007

    4321.3

INDEPENDENT EDUCATIONAL EVALUATIONS AT PUBLIC EXPENSE

            It is the policy of the Board of Education to provide the parents of all students referred to the Committee on Special Education ("CSE") or the Committee on Preschool Special Education ("CPSE") with notice of their due process rights.  Included in the due process notice to parents at the time of the CSE/CPSE initial referral, annual review or reevaluation, the District will inform parents regarding their right to an independent educational evaluation ("IEE") and the circumstances under which such evaluations will be at District expense.

            The names, addresses and telephone numbers of appropriate public and private agencies and other professional resources where IEEs may be obtained will be provided upon request.  Parents may select professionals to conduct evaluations from the list provided by the District or may select others who meet District criteria.  However, the District will not be responsible for the quality of such IEEs.  In addition, the District will not be responsible for the cost of such IEEs which do not meet the criteria listed below.

Independent Educational Evaluation, means an individual evaluation of a student who has or who is thought to have a disability, conducted by a person who is not employed by the District.  It shall be the policy of the District that whenever an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria which the school district uses when it initiates an evaluation.  That criteria shall be as follows:

            -         Location:  Geographic location is defined as an evaluation which takes place within a 50 mile radius of the district.
            -         Minimal Qualifications:  Minimal qualifications are defined by the district as New York State Education Department certification or licensure within the specific area of the evaluation.
            -         Timeline for IEE & Reimbursement:  Timeline for the IEE used to contest an evaluation performed by the district, is defined as being within one year of the district's evaluation.  The request for IEE reimbursement must be made within one year of the date of the IEE.
-           Reasonable Costs of an IEE:  Reasonable costs are defined as 10% above the evaluation costs of any teaching university hospital within the 50 mile radius (such as North Shore University Hospital, Long Island Jewish Medical Center, Stony Brook University Hospital).

            The IEE must challenge an existing school district evaluation.  If a parent requests an IEE at public expense, the District may ask, but cannot require, the parent’s reason as to why he/she objects to the public evaluation. The District will provide public funding of IEE's only under the following conditions:          

            1.        Parents disagree with an evaluation conducted by the District;
            2.        The school district was unable to comply with mandated timelines for conducting its own evaluations.

• The IEE is conducted at the request or direction of an impartial hearing officer as part of a duly convened impartial hearing.

            The school district may deny reimbursement for an IEE under the following conditions:

            1.        The district either had initiated, or shortly intends to initiate, a due process hearing to show that its evaluation of the child is appropriate and that no further evaluation of the type in dispute is warranted or that the parents have not complied with other district criteria, such as:

                        a.        The criteria under which the IEE was conducted, including the location of the evaluation, does not meet stated district or other legal criteria.
                        b.        The independent evaluator selected by the parents does not meet stated minimum district qualifications.
                        c.        The parents' request for reimbursement exceeded stated district timelines for such requests.
                        d.       The amount parents' request for reimbursement exceeded stated district guidelines for such requests.

            2.        The IEE was not obtained because of a disagreement with the district's evaluation.
           
            3.        The district has already funded an IEE and has conducted no subsequent evaluation.

If the district concludes that it is not required to reimburse the parents for the IEE, it will notify the parents in writing of the receipt of the request, the basis for the denial and whether the district intends to initiate an impartial hearing.

 Legal References:     8 NYCRR §200.5(g)(1); 34 C.F.R. §300.502. 

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

SELECTION AND APPOINTMENT OF IMPARTIAL HEARING OFFICERS

            The Board of Education acknowledges that pursuant to the Education Law and the Regulations of the Commissioner of Education (“Commissioner’s Regulations”), only a duly qualified hearing officer may preside over an appeal concerning a child with a disability. Pursuant to such statute and regulations, the Board establishes the following policy to govern the appointment of impartial hearing officers.

Qualifications of Impartial Hearing Officers

            Every impartial hearing officer appointed by the Board must be certified by the Commissioner of Education in accordance with Education Law §4404(1) and shall be subject to suspension or revocation of such certification by the Commissioner for good cause. In order to be qualified, an impartial hearing officer must:

-           Be admitted to the practice of law in the State of New York and be in good standing with a minimum of two years practice and/or experience in the areas of education, special education, disability rights or civil rights; or be an individual certified by the State of New York as an impartial hearing officer on September 1, 2001;

-           Have access to the support and equipment necessary to perform the duties of an impartial hearing officer;

-           Be independent, meaning not be an officer, employee or agent of the school district or of the BOCES of which such school district is a component, or an employee of the New York State Education Department,

-           Be impartial, meaning shall not have any personal or professional interest which would conflict with his or her objectivity in the hearing, and shall not have participated in any manner in the formulation of the recommendation sought to be reviewed.

            In addition, the impartial hearing officer shall possess knowledge of and the ability to: (1) understand the provisions of federal and state laws and regulations pertaining to IDEA and their legal interpretations by federal and state courts; and (2) conduct hearings in accordance with appropriate, standard legal practice and render and write decisions in accordance with appropriate standard legal practice.

            It is against Board policy to appoint any individual employed by a school district, school or program serving students with disabilities placed there by the school district’s CSE/CPSE education to serve as an impartial hearing officer. Moreover, no individual employed by such schools or programs may serve as an impartial hearing officer for two years following the termination of such employment, provided that a person who otherwise qualifies to conduct a hearing under this section shall not be deemed an employee of the school district, school or program serving students with disabilities solely because he or she is paid by such schools or programs to serve as an impartial hearing officer.

Appointment of Impartial Hearing Officers

            The updated list of certified impartial hearing officers for this County promulgated by the State Education Department will be used in connection with all requests for impartial hearings.  The list shall include the names of those certified impartial hearing officers who appear on the state list for the County.

            The District Clerk or his or her designee shall be responsible for contacting impartial hearing officers.  Upon receipt of a request for an impartial hearing, the District Clerk or a designee not involved in the hearing process shall canvass the list in alphabetical order as prescribed by the Commissioner’s Regulations to ascertain the willingness and availability of the next listed individual to serve as an impartial hearing officer for the particular matter. The District Clerk or a designee shall initiate the rotational selection process immediately but no later than two business days after receipt by the district of a hearing request.  Should an impartial hearing officer decline appointment, or if within 24 hours the impartial hearing officer fails to respond or is unreachable after reasonable efforts by the District Clerk or a designee, such district representative shall then proceed through the list to determine availability of the next successive impartial hearing officer. Upon identifying the next impartial hearing officer on the list who is available to serve, a subcommittee of the Board of Education, consisting of the Board President or in his or her absence, the Board Vice President, shall appoint such person to serve as the impartial hearing officer in accordance with this policy.

            An impartial hearing officer may not accept an appointment unless he or she is available:

1.         To make a determination of sufficiency of a due process complaint notice within five days of receiving such request; and

            2.         To initiate the hearing within the first 14 days of the following (unless an extension to the timeline is granted):

            -           the date upon which the impartial hearing officer receives the parties’ written waiver of the resolution session; or
            -           the date upon which the impartial hearing officer receives the parties’ written confirmation that a resolution session was held but no agreement could be reached; or
-           the expiration of the 30 day period beginning with receipt of the due process complaint notice, whichever occurs first

Records relating to the impartial hearing officer selection process including, but not limited to, the request for availability, initiation and completion of such impartial hearing will be maintained by the district and such information will be reported to the Office of Vocational and Educational Services for Individual with Disabilities of the State Education Department as required by Commissioner’s Regulations.

Compensation of Impartial Hearing Officers

            The District shall compensate an impartial hearing officer for his or her services at the maximum rate established for such purpose by the New York State Education Department Director of the Division of the Budget.  Currently, this rate is $100.00 per hour for pre-hearing, hearing and post-hearing activities.  In addition, impartial hearing officers may be reimbursed for reasonable, actual and necessary expenses for automobile travel, meals and overnight lodging in accordance with the current District reimbursement rate set for District employees. Mailing costs associated with the hearing will also be reimbursed.

            The District shall not be responsible for the impartial hearing officer’s fee due to a late cancellation unless said cancellation is made by the District less than two (2) calendar weeks from the date the impartial hearing officer is scheduled to serve.

            The District shall annually notify each impartial hearing officer certified to serve in the District of this policy and of the current rates set by the district for travel reimbursement, overnight lodging, meal expenses and mailing costs.

Legal References:       8 N.Y.C.R.R. §§200.1(x); 200.2(b)(9); 200.2(e)(1); 200.5(j)(3); 200.21(a)
                                    Education Law §4404(1)(c)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

PROVISION OF IEPs TO TEACHERS AND SERVICE PROVIDERS

            In order to fulfill the District’s responsibility to provide a free appropriate public education to all eligible students with disabilities, it is the policy of the Board of Education to provide regular and special education teachers, related service providers and other service providers responsible for the implementation of a student’s individualized education program (“IEP”) with a copy of the IEP, in accordance with the requirements of Education Law §4402(7).

District’s Responsibility to Provide IEP Copies

            Prior to the implementation of such program, and as soon as practicable after a meeting of the Committee on Special Education (“CSE”) or Committee on Preschool Education (“CPSE”), each regular education teacher, special education teacher, related service provider and other service provider who is responsible for the implementation of a student’s IEP shall be given a copy of the IEP. The District will not be required to provide a copy of a student’s IEP to a general education teacher if that teacher is not required to implement a service, accommodation, or program modification or to monitor progress toward mastery of goals and/or objectives on the student’s IEP. The determination of those teachers who will require a copy of the student’s IEP will be made on a case-by-case basis at the CSE or CPSE meeting of each student. Supplementary school personnel (e.g., teacher aide, teacher assistant or other provider) with IEP implementation responsibilities for the student must, prior to its implementation, have the opportunity to review the IEP, and have ongoing access to such IEP, which may be the copy provided to the student’s special education teacher or other service provider under whose direction such supplementary school personnel works.

            The CSE Chairperson shall designate one, or as appropriate more than one, professional employee of the district with knowledge of the student’s disability and education program who shall, prior to the implementation of the IEP, inform each regular and special education teacher, related service provider, other service provider, supplementary school personnel and other provider and support staff person of his or her responsibility relating to the implementation of the IEP and of the specific accommodations, program modifications and supports and/or services that must be provided for the student.  The designation of a professional employee will be made on a case-by-case basis, based on who has knowledge of the student’s disability and education program.  

            The District will provide a copy of the student’s IEP, prior to implementation, to any program outside the District into which the CSE places a child.  It will then be the responsibility of these outside service providers to implement the IEP requirements, including providing copies of the IEP to teachers and related service providers with IEP implementation responsibility, providing ongoing access to the IEP by supplementary school personnel (e.g., teacher aide, teacher assistant or other provider) and other providers responsible for the implementation of the IEP and informing all individuals of their specific IEP implementation responsibilities.            

            Copies of an IEP will be provided in electronic or hard copy format. All IEP copies will be provided and individuals will be informed in a timely manner so as not to delay the provision of IEP services.  An electronic copy of an IEP may be provided on a computer disc or in a computer file that provides the means to either print the document or to readily reference it on an ongoing basis. Each teacher, related service provider or other service provider must be given his or her own individual copy by which he or she can readily refer to implement the student’s IEP.  A security system will be implemented to prevent unauthorized internal and external access to the student’s IEP when copies are transmitted and/or provided electronically. If an IEP is revised during the school year, copies of the revised IEP will be provided to the student’s teachers and related service providers and/or other service provider responsible for the implementation of the IEP consistent with this policy.            

            If a CSE/CPSE recommends that a student be declassified but eligible to receive accommodations, modifications and/or other support services, such recommendation will be documented on the student’s last IEP and be reviewed with relevant staff and service providers each year that such services are in effect.  Further, the student’s IEP will be provided to teachers and other service providers consistent with this policy.            

Confidentiality of IEPs

            Any copy of a student’s IEP provided pursuant to this policy shall remain confidential and shall not be redisclosed to any other person, in compliance with federal and state laws and regulations, including IDEA and the Family Educational Rights and Privacy Act (“FERPA”).  The district may disclose personally identifiable information in a student’s education records, including the student’s IEP, to school personnel with “legitimate educational interests.” 

            Consistent with FERPA, the district will, at a minimum:

            -           Protect the confidentiality of the IEPs provided to teachers and others at collection, storage, disclosure and destruction stages;

-           Ensure that all persons collecting or using the IEPs receive training or instruction regarding FERPA requirements;
                       

-           Ensure that the teachers, related service providers and other service providers who the district determines to have a legitimate educational interest and who receive a copy of the IEP are informed about their respective obligations to maintain confidentiality of the student records, do not disclose personally identifiable information from the IEP of a student without consent of the parent and return copies of the IEP at the end of each school year or upon issuance of a revised or updated IEP; and

-           Upon request, provide the parents with a list of the types and locations of education records, including the IEPs collected, maintained or used by the school district.

Legal References:       Educ. Law §4402(7)
                                    8 N.Y.C.R.R. §§200.2(b)(11); 200.4(g)        

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

4321.6

GUIDELINE FOR PARTICIPATION OF STUDENTS WITH DISABILITIES IN STATE AND DISTRICTWIDE ASSESSMENTS

            The Board of Education believes that students with disabilities should have access to all testing accommodations necessary to participate in state and districtwide assessments in order to ensure that the student’s academic achievement and functional performance is fairly and accurately measured.

            Test accommodations are changes made in the administration of a test, including testing procedures or formats, in order to remove obstacles to the test-taking process caused by a student’s disability, that do not alter the measurement of a construct. The District recognizes that the provision of testing accommodations to students with disabilities enables such students to participate in assessment programs on an equal basis with their nondisabled peers.  Testing accommodations provide students with disabilities the opportunity to demonstrate mastery of skills and attainment of knowledge without being limited or unfairly restricted by their disability.  Further, testing accommodations provide opportunity for students with disabilities to gain access to more challenging courses and programs.   

            Therefore, the Board adopts the following guidelines to ensure that all state and districtwide assessments are administered using appropriate accommodations:

            1.        Test accommodations must be provided on a consistent and uniform basis, as provided by each student’s IEP should not be excessive and should alter the standard administration of the test to the least extent possible.

            2.         Testing Accommodations are neither intended nor permitted to:
                        -         Alter the construct of the test being measured or invalidate the results;
                        -         Provide an unfair advantage for students with disabilities over students taking tests under standardized conditions;
                        -         Substitute for knowledge or abilities the student has not attained.
                       

            3.        The following students are eligible to receive testing accommodations:        

                        -         Students classified by the CSE or CPSE as having a disability pursuant to 8 N.Y.C.R.R. §200.1(zz); or §200.1 (mm) of the Commissioner’s Regulations;
                        -         Students identified as having a disability pursuant to Section 504 of the Rehabilitation Act by a 504 Multidisciplinary Team;
                        -         Students who incur disabilities for 30 days or less before administration of a state or districtwide test and who are authorized by the Principal to receive testing accommodations;
                        -         Students previously declassified by the CSE/CPSE who are provided with such declassification accommodations.

            4.        The following individuals are authorized to make the decisions regarding testing accommodations for a student with a disability:

                        -         The CSE or CPSE, if the student is classified under IDEA and the Commissioner’s Regulations or if the student has been declassified;
                        -         The Section 504 Multidisciplinary Team for those students identified as having a disability pursuant to section 504 of the Rehabilitation Act;
                        -         The School Principal, for general education students who have incurred a short or long term disability within 30 days before administration of assessments and where sufficient time is not available for the development of an IEP/504 Plan.
                       

            5.        All appropriate testing accommodations will appear in a student’s IEP or 504 Accommodation Plan and will be renewed at least annually by the CSE/CPSE or Multidisciplinary Team (except for declassification accommodations).
           

            6.        Steps shall be taken to ensure that teachers and service providers are aware of testing accommodations for students and how they are to be implemented.
           

Legal References:      8 N.Y.C.R.R. §§200.1(zz) and 200.2(b)(13)
                                    Section 504 of the Americans With Disabilities Act
                                    Individuals with Disabilities in Education Improvement Act of 2004

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

4321.6(a)

THE USE OF UNIVERSAL DESIGN PRINCIPLES IN DISTRICT ASSESSMENTS

            The Board of Education acknowledges its goal and its obligation to include the widest range of students, including students with disabilities and students with limited English proficiency, in standardized assessments.  To further this goal of ensuring equal access to districtwide assessments and to ensure that assessments provide the most accurate measure of student performance of all students, the District, to the extent feasible, will use universal design principles in developing and administering any districtwide assessment program.

            “Universal design” is an approach to designing and delivering course instruction and materials to be usable to students of all learning styles without adaptation or retrofitting.  The Board of Education shall incorporate the following universal design principles into the development and administration of district wide assessments:

            1.        Inclusive Assessment Population. Tests designed for state, district or school accountability shall include every student, except those in the alternate assessments, and be designed to meet the demands of increased diversity amongst students.

            2.        Precisely Defined Constructs.  The specific constructs tested must be clearly defined so that all non-construct cognitive, sensory, emotional, and physical barriers are removed.

            3.        Accessible, Non-Biased Items.  Accessibility will be built into items from the start, and bias review procedures will ensure that quality is retained in all items and that a lack of sensitivity to disability or cultural differences does not influence results.

            4.        Amenable to Accommodations. The test design shall be compatible with and facilitate the use of needed accommodations.

5.         Simple and Clear, Instructions and Procedures. All instructions and procedures will be simple, clear, and presented in understandable language.

6.         Maximum Readability and Comprehensibility.  A variety of readability and plain language guidelines will be followed (e.g., sentence length and number of difficult words are kept to a minimum) to produce readable and comprehensible text.

7.         Maximum Legibility. Characteristics such as type size, spacing, font and paper size will be, to the extent practicable, easy to decipher in text, tables, figures, illustrations and response formats.

Legal References:      No Child Left Behind Act of 2001
                                    8 N.Y.C.R.R. §200.2(b)(14)  
1st Reading June 19, 2007                  2nd Reading & Adoption July 9, 2007

4321.7

CONFIDENTIALITY OF STUDENT RECORDS

            The Board of Education recognizes the importance of ensuring the confidentiality of personally identifiable data and information or records pertaining to a student with a disability.  In the interest of privacy, no portion of a student’s record will be disclosed by any school district employee or member of a CSE/CPSE to any person (other than the parent of such student), organization, or agency unless: the parent or guardian of the child provides written consent; there is a valid court order for such information; or disclosure is allowed by law. 

            For purposes of this policy, personally identifiable data shall include: (i) the name of the student, the student’s parent, or other family member; (ii) the address of the student; (iii) a personal identifier, such as the student’s social security number; or (iv) a list of personal characteristics or other information that would make it possible to identify the student with reasonable certainty.

            Principals shall restrict access to student records to those members of the professional and administrative staff with legitimate educational interests in such records and whose duties require such access.  Further, principals and all administrative staff receive periodic instruction and training regarding the privacy rights of students and the confidential handling of student records. 

            Parents will be informed annually of their right of access to their child’s records, and of the confidential nature of their child’s records.  A summary of such rights shall appear in the District calendar and other publications.

Legal References:       20 U.S.C. §1232(g)
                                    34 C.F.R. §99.6; §300.500; §300.565
                                    8 N.Y.C.R.R. §§200.2(b)(6); 200.5(e)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

DECLASSIFICATION OF STUDENTS WITH DISABILITIES

            The Board of Education recognizes that in order for a CSE/CPSE  to make an appropriate decision to declassify a student currently classified as a student with a disability, the CSE/CPSE must comply with state and federal laws and regulations.  In order that every declassification decision shall comply with such regulations, the Board enacts the following policy.

            A CSE/CPSE’s declassification decision of a student must include, but is not limited to:

(i) the regular consideration for declassifying students when appropriate;
(ii) a reevaluation of the student prior to declassification; and
(iii) the provision of educational and support services to the student upon declassification;

            Declassification of any student shall occur after a properly constituted CSE/CPSE has reviewed existing evaluation data on the child, which must include evaluations and information provided by the parents of the child, current classroom based or local or stateassessments and classroom-based observations, and teacher and related services provider assessment and observation pursuant to §200.1(1) of the Commissioners Regulations.  After reviewing such reports, together with any information provided by the child’s parents, the CSE/CPSE must identify what, if any, additional data is needed to determine: the educational needs of the child and whether the child continues to have such a disability and such educational needs; the present levels of academic achievement and related developmental needs of the child; and whether the child continues to need special education and related services.  If the CSE/CPSE determines that no additional data is needed to determine that the child should no longer be classified as a child with a disability, the board of education must notify the child’s parents of that determination and the reasons for such determination, and the parents’ right to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs.

            Should the CSE/CPSE recommend further services, the CSE/CPSE must identify and the IEP must indicate what recommendations will continue upon declassification and what support services will be provided, and indicate the projected date of initiation of such services, the frequency and duration of such services, provided that such services shall not continue for more than one year after the student enters the full-time regular education program. 

            The CSE/CPSE shall also identify the declassification support services, as defined in §100.1(q) of the Commissioner’s Regulations, if any, to be provided to the student and/or the student’s teachers. With regard to the continuation of test accommodations upon declassification, such accommodations may include the complete range of modifications which are available to students with disabilities, as long as they were consistently included in the student's IEP while classified.  The recommended test accommodations may continue for the balance of the student’s education, unless:

            (i)         a building level team determines the test accommodations should be revised or eliminated; or

            (ii)         the student achieves a high school diploma; or
            (iii)       the student ages out of the school at 21 years old.

During subsequent school years, if it is felt that such modifications are no longer appropriate, the District may use local procedures, such as a meeting with the student's parent and the CSE or Section 504 multidisciplinary team to review and document the discontinuation or revision of test modifications.

Legal References:       8 N.Y.C.R.R. §§200.2(b)(8); 200.4(d)(1)
                                    Education Law §4402(1)(b)(3)(d-2)
                                    20 U.S.C. §1414(c)
                                    34 C.F.R. §§300.532, 300.533

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

4321.9

INSTRUCTIONAL MATERIALS -AVAILABILITY OF ALTERNATIVE FORMATS FOR STUDENTS WITH DISABILITIES

            The Board of Education recognizes its responsibility to provide equal access to education and promote educational excellence throughout the District.  An essential element of providing all students with equal access to education involves the provision of instructional materials in a usable alternative format, to each student with a disability, in accordance with the student's educational needs and course selections, at the same time such materials are available to non-disabled students.  The Board establishes the following plan to ensure that each student with a disability receives materials in a usable alternative format which meets the National Instructional Materials Accessibility Standard as defined in 20 U.S.C. §1474(e)(3)(B).

            "Alternative format" is defined as any medium or format for the presentation of print instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the District, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file.  An electronic file must be compatible with at least one alternative format conversion software program that is appropriate to meet the needs of the individual student and that is available in the District.  "Print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary and secondary school instruction and are required for use by students in the classroom.
           
            The Board hereby directs the Superintendent to take the following actions:

            1.         Give preference when purchasing instructional materials to those vendors who agree to provide such instructional materials in alternative formats;  

            2.         When an electronic file is provided, determine how the format will be accessed by students and/or how the District will convert to an accessible format in compliance with the National Instructional Materials Accessibility Standard;

3.         Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;

            4.         Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and

            5.         Include procedures so that when students with disabilities move into the school district during the school year, the process to obtain needed materials in alternative formats for such students is initiated without delay.

Legal References:       8 N.Y.C.R.R. §200.2(b)(10)
                                    34 C.F.R. §§300.172; 300.210-211    
Cross Reference          6700

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

                                                                                                                        4321.10

SCHOOLWIDE APPROACHES AND PREREFERRAL INTERVENTIONS

            The Board of Education recognizes the importance of schoolwide approaches and prereferral interventions in preventing unnecessary special education referral and/or classification.  Prereferral intervention services shall include educationally related support services, speech and language improvement services, academic intervention services and any other services designed to address the needs of the student and maintain a student’s placement in general education with the provision of appropriate educational and support services.  Accordingly, all students shall have access to prereferral interventions to address academic and behavioral issues prior to a referral to the Committee on Special Education (“CSE”). 
           
            The Board will create formal prereferral child study teams (“CST”) and/or instructional support teams (“IST”) within each school to remediate a student’s performance prior to classification.  Such teams will be implemented using the following steps:

1)         Criteria will be established for the selection of team members who have knowledge of the law regarding education of students with disabilities and who have experience using and designing instructional techniques to address the student's individual needs.

            2)         Team members will be involved in and agree to the selection process.         

3)         Teams will include representatives from general and special education, as well as other disciplines, and include individuals with classroom experience including bilingual education or English as a Second Language in the case of Limited English Proficient students.         

•      Teams will establish goals for meetings and assess progress on an ongoing basis.

            Prereferral interventions will be implemented to address the student’s performance prior to a referral to the CSE and may include:

            1)         Supports, strategies and accommodations to meet the student’s needs.
            2)         An established system to support the delivery of prereferral interventions, supports, services and modifications.
            3)         Time set aside for collaboration between general educators and special educators.
            4)         Consultation and support for teachers and other school personnel to assist parents and teachers in exploring alternative approaches for meeting the needs of any student.

•       Consideration of the student’s strengths, environment, social history, language     

            and cultural diversity in addition to teachers’ concerns.  Interventions may include
            bilingual education or English as a Second Language for Limited English Proficient students.
6)         Use of team teaching, cooperative learning, and smaller instructional groups.
7)         Where available, scientific, research based prereferral interventions implemented by qualified personnel.

School administrators shall facilitate the prereferral process as necessary and shall be responsible for the successful  implementation of prereferral strategies.  The Board directs administrators to ensure that:

• A mentoring and consultative system is in place.      
• There is accountability so that recommendations of the teams are implemented in a timely and quality manner.          
• District-wide training to general and special educators is provided. 
• Recommended interventions are available.
• The distinction between students who require general education support services versus students with disabilities is understood
• All staff understands curriculum modifications, language and cultural issues, and the role of the CSE members and the CSE process, including the difference between language differences and disabilities in the case of Limited English Proficiency students.
  
              The Board will ensure that parents are involved in developing prereferral strategies.  To ensure parental participation, the following shall occur:
  

• Parents may be invited to participate in CST/IST meetings.
• Teams will actively seek parents’ specialized knowledge about their child.
• Intervention and strategies will incorporate parent information.
• Teams will solicit feedback from parents on the success of the interventions and strategies.

            Prereferral interventions shall be reviewed and evaluated periodically to determine their effectiveness.

Legal References:       8 N.Y.C.R.R. §200.2(b)(7)
                                    No Child Left Behind Act of 2001

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

4321.11

 SPECIAL EDUCATION PERSONNEL

            The Board of Education is committed to hiring, training and retaining highly qualified personnel responsible for carrying out all of the mandates of the Individuals with Disabilities Education Improvement Act of 2004 (“IDEA”) and the Commissioner’s Regulations regarding students with disabilities.  Accordingly, it is the Board’s policy to recruit, hire and train appropriately qualified special education personnel to provide special education programs and services, including members and chairpersons of the Committee on Special Education (“CSE”) and the Committee on Preschool Special Education (“CPSE”).

            All special education personnel shall be appropriately qualified to carry out their duties regarding students with disabilities, and shall possess the training, licensing and certification required by the No Child Left Behind Act and New York State Law.  Where appropriate, Annual Professional Performance Reviews and Professional Development Plans will be utilized to achieve this goal.
                                                                                   
            The Board shall appoint CSE/CPSE members after considering their qualifications. Such members shall receive training in the laws and regulations governing CSE/CPSE meetings, membership duties and the rights of students with disabilities.

            The Board shall, from time to time, offer staff development programs to educate CSE/CPSE members in the requirements and obligations of IDEA and New York State Law.
                       
Legal References:       Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et. seq.
                                    No Child Left Behind Act, 20 U.S.C. §§6301 et seq.
                                    Educ. Law §§3001, 3001-a, 3004, 3006, 3008
                                    8 N.Y.C.R.R. §§100.2(o), 100.2(dd), 200.2(b)(3), 200.2(b)(12)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007

4321.11(a)

HIGHLY QUALIFIED PERSONNEL

            The Board of Education recognizes that every student with a disability is entitled to be educated by highly qualified personnel.  In accordance with federal and State Law, the Board will take measurable steps to ensure that it will recruit, hire and train highly qualified personnel to provide special education programs and services.          

            Such steps shall include, but not be limited to:

1.         Active recruitment of personnel who possess prior experience working with students who have disabilities;
2.         Solicitation of resumes from schools and programs that specialize in the special education field;
3.         Seeking dually certified personnel to the extent possible;
4.         Ensuring that every professional is “highly qualified” pursuant to the No Child
            Left Behind Act (“NCLB”) and New York State Law; and
5.         Ensuring that every professional participates in Annual Professional Performance
            Reviews under 8 N.Y.C.R.R. §100.2(o), and Professional Development Plans
            under 8 N.Y.C.R.R. §100.2(dd).

            The Board will ensure that all new and returning teachers in Title I programs who teach core academic subjects are “highly qualified” as required by NCLB and New York State Law.  “Core Academic Subjects” are English, reading, language arts, mathematics, science, history, geography, economics, civics and government, foreign languages and the arts, including the visual arts, dance, music, theater, public speaking and drama.

            Whether a teacher is “highly qualified” shall be determined before hiring by the Board of Education in accordance with the mandates of NCLB and New York State Law.  The specific definition of “highly qualified” that employers must use depends on a teacher’s teaching assignments and his/her “newness” to the profession of teaching.  It is the responsibility of the District, not the teacher, to ensure that the “highly qualified” standard is met.

            The Board shall hire, recruit and train teachers in accordance with the following:

1.         Teachers who are not teachers of record for core academic subjects in grades K-
12, such as teachers of Pre-K classes or physical education classes, must meet New York State certification requirements;

2.         Special education teachers of any grade who are not teachers of record for core
            academic subjects because they serve as resource room or consultant teachers
            must be certified in special education;

3.         To the extent applicable, the High Objective Uniform State Standard of Evaluation, HOUSSE evaluation conducted by a school district as part of a pre-employment review or an Annual Professional Performance Review (APPR),
which enables teachers beyond the first year of their first certification to
demonstrate that they have subject matter competency in each core academic
subject they teach based on “objective, coherent information” acceptable to the
Commissioner, as listed in the New York State HOUSSE rubrics.  Teachers need
only use the HOUSSE once for each subject to demonstrate their competency in
that subject indefinitely.  The school district shall maintain records on each
teacher’s local evaluation for the HOUSSE for at least six years from the end of
the last school year in which a teacher is employed;

4.         Teaching assignments include “special classes” for students with disabilities in
            grades K-6 or the age equivalent; and “special classes” for students with
            disabilities of any grade or age who qualify for the New York State Alternate
            Assessment (NYSAA);

5.         “Newness” to the teaching profession is either:

-           New to the Profession - defined as the first year following the effective date of a teacher’s first teaching certificate or during the first year of full-time equivalent employment in a public school, whichever is later; or
-           Not new to the Profession - defined as after the first year following the effective date of a teacher’s first teaching certificate;

6.         Teachers with elementary assignments who are new to the profession are “highly
            qualified” if they:

-           demonstrate subject knowledge and teaching skills by passing two New York State Teacher Certification Examinations: the Liberal Arts and Sciences Test and the Assessment of Teaching Skills–Written.

Legal References:       No Child Left Behind Act of 2001
                                    20 U.S.C. §7801
                                    34 C.F.R. §§200.55 and 200.56
                                    Educ. Law §§3001, 3001-a, 3004, 3006 and 3008
                                    8 N.Y.C.R.R. §§120.6 and 200.2(b)(12)

1st Reading June 19, 2007
2nd Reading & Adoption July 9, 2007