7640 - Student Individualized Education Program Development and Provision

Policy: Student Individualized Education Program Development and Provision	Policy Number: 7640
Date of Original Policy: 07/14/2005	Date Revision Adopted: 04/07/2021
Reviewed by Policy Committee: 03/17/2021	Date of Next Review: 05/18/2024
Replacement of Policy Number:

Development of Individualized Education Program

The Board of Education direct that the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each child with a disability.

Such an Individualized Education Program (IEP) will be developed by the CSE or CPSE upon referral, and reviewed or revised, whichever is appropriate, for every child with a disability at least annually or in the event that the program no longer appears to be appropriate to meet the student’s needs and ability level.

Provision of Individualized Education Program

The Board of Education directs that the Superintendent or their designee(s) establish administrative practices and procedures to ensure that 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 is provided a paper or electronic copy of such student’s IEP prior to the implementation of such program. For purposes of this policy, “other service provider” means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES)or school enumerated in Articles 81, 85 or 89 of the Education Law where the student receives or will receive IEP services. Further, the District will designate at least one school official who shall be responsible for maintaining a record of the personnel who have received IEP copies for each student.

Any copy of a student’s IEP shall remain confidential in compliance with the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, and District policy regarding confidentiality of student records; and shall not be disclosed to any other person other than the parent of such student, except in accordance with federal and state laws and regulations. Appropriate training and information will be provided to designated school personnel, as applicable, to ensure the confidentiality of such information. Procedures will be established to ensure that copies of student’s IEPs are stored in secured locations and retrieved or destroyed when such professionals are no longer responsible for implementing a student’s IEP.

The Chairperson of the CSE, CSE subcommittee, or CPSE shall designate for each student one or as appropriate, more than one professional employee of the School District with knowledge of the student’s disability and education program who will be responsible to, prior to the implementation of the IEP, inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel (i.e. a teaching assistant or a teacher aid as defined in Commissioner’s Regulations), and other provider and support staff person of their responsibility to implement the recommendations on a student’s IEP, including the responsibility to provide specific accommodations, program modifications, supports and services for the student in accordance with the IEP.  In selecting the professional staff person(s) , he Chairperson could select themselves for this responsibility, another administrator, or a teacher, related service provider or other professional based on the particular circumstances of the student’s disability and education program.

The School District shall also ensure that each teaching assistant, teacher aide and each other provider responsible for assisting in the implementation of a student’s IEP has the opportunity to review a copy of the student’s IEP prior to implementation of such program. Further, each teaching assistant, teacher aid and such other provider responsible for assisting in the implementation of a student’s IEP shall have ongoing access to a copy of the IEP, which may be the copy provided to the student’s special education teacher or the teacher or related service provider under whose direction the supplementary school personnel or other provider works. However, the District may, at its discretion, provide a copy of the IEP to teaching assistants and teacher aides.
A copy of a student’s IEP shall be provided to the student’s parents at no cost to the student’s parents.

Individual Re-evaluation of Individualized Education Program

A Committee on Special Education (CSE/CPSE) shall arrange for an appropriate re-evaluation of each student with a disability if conditions warrant a re-evaluation, or if the student’s parent or teacher request the re-evaluation; however, a re-evaluation must take place at least once every three (3) years. The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student’s disability.  The re-evaluation shall be sufficient to determine the student’s individual needs, educational progress and achievement, the student’s ability to participate in instructional programs in regular education and the student’s continuing eligibility for special education. The results of any re-evaluation must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student’s IEP.

Use of Recording Equipment at IEP Meetings

The Board of Education shall allow recording equipment to be used at meetings regarding individualized education programs for student with disabilities.

Education Law Articles 81,85 and 89
Education Law Section 4402(7)
8 New York Code of Rules and Regulations (NYCRR)Sections 200.1(hh), 200.2(b)(11), 200.4(b)(4), 200.4(e)(3), 200.4(f) and 200.16(e)(6)