7613 - The Role of the Board of Education in Implementing a Student's Individualized Education Program

Policy: The Role of the Board of Education in Implementing a Student's Individualized Education Program	Policy Number: 7613
Date of Original Policy: 07/10/2002	Date Revision Adopted: 02/03/2021
Reviewed by Policy Committee: 01/13/2021	Date of Next Review: 01/13/2024
Replacement of Policy Number:

The Board of Education shall establish at least one (1) Committee on Special Education and one (1) Committee on Preschool Education. The Board shall also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities.

Committee on Special Education

The Board of Education shall, upon completion of its review of the student’s Individualized Education Program (IEP), arrange for the appropriate special education programs and services to be provided to a student with a disability as recommended by the Committee on Special Education (CSE).  The Board shall notify the parent/guardian of its action in accordance with federal and state law and regulations. For a student not previously identified as having a disability, the CSE shall provide a recommendation to the Board which shall arrange for the appropriate special education programs and services to be provided within 60 school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within 60 school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved in-state or out-of-state private school, the Board shall arrange for such special education programs and services of students with disabilities within 30 days of the Board’s receipt of the recommendation of the CSE.

If upon review of the recommendation of the CSE, the Board of Education disagrees with such recommendation, the Board shall follow one of the following procedures:

a)    The Board may remand the recommendation to the CSE with a statement of the Board’s objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The CSE shall consider the Board’s objections or concerns, revise the IEP where appropriate and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student’s IEP within the timelines as outlined above; or, in the alternative,

b)    The Board may establish a second CSE to develop a new recommendation for the student. If the Board disagrees with such new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board’s objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The second CSE shall consider the Board’s objections or concerns, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the second CSE, the Board may continue to remand the recommendation for additional reviews of its objections or concerns by the second CSE, provided that the Board arranges for the programs and services in accordance with the student’s IEP, as developed by the second CSE, within the timelines as outlined above. Pursuant to Commissioner’s Regulations, the Board may not select the recommendation of the original CSE once it has established a second CSE. The Board shall provide the student’s parents/guardians with a copy of the statement of its objections or concerns and notice of due process rights in accordance with Section 200.5 of the Regulations of the Commissioner.  

Committee on Preschool Special Education

Upon receipt of the recommendation of the Committee on Preschool Education (CPSE), the Board of Education shall arrange for the preschool student with a disability to receive such appropriate programs and services in accordance with the student’s IEP via a county-approved provider; such services shall be provided no later than 30 days from the recommendation of the CPSE.

If the Board disagrees with the recommendation of the CPSE, the Board shall send the recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board’s concerns and to revise the IEP as deemed appropriate. The Board of Education shall provide such notice as required by federal and state law and regulations.

Education Law Sections 4402 and 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 200.2(d)(1),200.4(c), 200.4(d), 200.5 and 200.16(e)