Special Education Questions

Section One- What is Special Education?

1. What is Special Education?

Special education is not a place, but a program of “specially designed instruction, at no cost to parents, to meet the unique needs of students with disabilities.” 20 U.S.C. § 1401(25). Special education can consist, for example, of assistance of an additional teacher or paraprofessional in regular education classes, provision of counseling or speech therapy during the school day, implementation of a positive behavior plan in school, or small classes with other children who are facing similar barriers. Children entitled to special education are also entitled to related services, such as transportation, counseling, and speech language pathology, to enable a child to benefit from specialized instruction.

How do I know if my child should receive special education services?

You may not know. If your child is having persistent emotional, communication, or academic difficulties in school that you think may be related to a disability, you may refer your child to be evaluated by the district's Committee on Special Education. They will then evaluate your child, and meet with you to determine whether your child has a disability requiring special education.

You may also choose to bring your child to an independent evaluator, without going through the Committee on Special Education. Outside evaluations are often more thorough. Also, if you get an outside evaluation you can avoid getting the school district involved until you are sure you want special education for your child.

What is the Committee on Special Education (CSE)?

The CSE is a multidisciplinary team whose primary duties are the identification, classification, and placement of children who are disabled. In New York City, each community school district has a CSE office responsible for day to day coordination of IDEA implementation. CSE offices receive requests for referrals and arrange for evaluations (called "CSE reviews" or IEP meetings), and special education and related services. They also are responsible for informing parents of their procedural rights.

What does it mean to be classified as a “special education student”?

A "special education student" is a student that needs specialized instruction because he or she has one or more of the following disabilities: hearing impairments, speech and language impairments, deaf/blindness, visual impairments, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, mental retardation, other health impairments (such as ADHD), a specific learning disability (such as dyslexia), multiple disabilities, and that disability affects the student's ability to progress in the general curriculum. Just because a child receives special education services does not necessarily mean that a child is in a class for students with disabilities; in fact education in the regular classroom must be the first option considered for all children with disabilities.

How do children get classified as students requiring special education services?

A child is classified as needing special education services after he or she is evaluated for special education services and the parent and the CSE team meet and agree that (1) the child has one of the qualifying disabilities and (2) because of that disability needs special education and or related services.

How do children get declassified as students requiring special education services?

Students are declassified when the parents and the other members of the CSE team agree, or a hearing officer orders, that the child no longer needs special education services. If you do not want your child to receive special education services any longer, you can request a CSE meeting to determine whether s/he should be declassified. If the CSE agrees, your child will be declassified. At this time you can ask the CSE to provide declassification services, such as counseling, or tutoring, to help your child transition into the regular education environment. If the CSE does not agree you will have to request an impartial hearing. At the hearing, you should have evaluations of your child's work and classroom performance showing that he or she no longer needs special education services.

Can I remove my child from a special education program once he or she is placed there?

If you have consented to a particular special education program but later disagree with the program, you can request a CSE meeting to change the program. If the CSE does not agree to change the program, you can request an impartial hearing to challenge the program. During the hearing, however, your child will remain in the last program that you and the CSE agreed to, unless you agree to an interim placement. This is commonly referred to as the child's "pendent" placement. You also always have the right to remove your child to a non-public school program that you think is more appropriate.

Can I be charged with neglect or punished for not approving special education for my child?

No. As a parent you have the right to refuse consent to placing your child in special education. This does not constitute neglect. If the school disagrees with your choice, its option is to call for an impartial hearing, not to charge you with educational neglect.

continue to Section Two, What are the alternatives to Special Education?

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