Adopted by the Board of Education on:  Aug. 20, 2024

Introduction

In accordance with Part 200.2 (c) the Regulations of the Commissioner of Education, the district plan for students is to provide the following:

• a description of the nature and scope of special education programs and services currently available to students and preschool students residing in the district, including but not limited to descriptions of the district’s resource room programs and each special class program provided by the district in terms of group size and composition;
• identification of the number and age span of students and preschool students to be served by type of disability, and recommended setting;
• the method to be used to evaluate the extent to which the objectives of the program have been achieved;
  a description of the policies and practices of the board of education to ensure the continual allocation of appropriate space within the district for special education programs that meet the needs of students and preschool students with disabilities; and who attend special education programs provided by boards of cooperative educational services;
• a description of how the district intends to ensure that all instructional materials to be used in the schools of the district will be made available in a usable alternative format, for each student with a disability at the same time as such instructional materials are available to non-disabled students. To meet this requirement, the district plan may incorporate by reference the plan established by the board of education pursuant to paragraph (b)(10) of this section;
• the estimated budget to support such plan;
• the date on which such plan was adopted by the board of education.

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Board of Education policies

The Liberty Central School District  is committed to the development and implementation of an appropriate education for students with disabilities who reside in the district in accordance with the following administrative practices and procedures:

• To ensure that students with disabilities have the opportunity to participate in school district programs to the maximum extent appropriate to the needs of each student, including nonacademic and extracurricular programs and activities, which are available to all other students in the public schools of the district.
• To ensure that each preschool student with a disability residing in the district has the opportunity to participate in preschool programs, including timely evaluation and placement.
• To appoint and train appropriately qualified personnel, including the members and chairpersons of the committee on special education and the committee on preschool special education.  To implement the provisions of Section 200.6 (a) of the Commissioner’s Regulations and to provide special services or programs, to the extent appropriate to the needs of the student, to enable the student to be involved in and progress in the general education curriculum.
• To ensure that parents have received and understand the request for consent for evaluation of a preschool student as well as a school age student through the committee on special education.
• To ensure the confidentiality of personally identifiable data, information or records pertaining to a student with a disability. Such personally identifiable information will not be disclosed except in accordance with the Regulations.
• To implement school-wide approaches, which may include a response to intervention process, and pre-referral interventions in order to remediate a student’s performance prior to referral to special education.
• To ensure the review and implementation of plans and policies for the appropriate declassification of students with disabilities.
• To ensure the selection and board appointment of an impartial hearing officer consistent with Regulations.
• To ensure that all instructional materials to be used in the schools in the district are available in a usable alternative format for each student with a disability in 3 accordance with the student’s educational needs and course selections at the same time that such materials are available to non-disabled students.
• To ensure that personnel responsible for implementing or assisting in the implementation of a student’s IEP receive or are provided access to a copy of the IEP for review prior to its implementation, and are informed of their responsibility to implement the recommendations of the IEP.
• To ensure that measurable steps are taken to recruit, hire, train and retain highly qualified personnel to provide special education programs and services.
• To ensure the establishment of guidelines for the provision of appropriate accommodations necessary to ensure the academic achievement and functional performance of the student in the administration of State and district-wide assessments.
• To ensure that universal design principles be used, to the extent feasible in developing and administering any district-wide assessment programs.
• To ensure that adequate and appropriate space is made available to meet the needs of preschool and school age students with disabilities.
• To ensure that students who reside in the district have received the protection of all other applicable State and Federal laws and regulations.
• To ensure that the school district publicly reports on revisions to its policies, procedures and/or practices upon a finding by the Department that the district has inappropriate policies, procedures or practices resulting in a significant disproportionality by race/ethnicity in the suspension, identification, classification and/or placement of students with disabilities.

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Program objectives for students with disabilities

The District is committed to the provision of an appropriate education for resident students with disabilities and has established the following special education program objectives:

• To establish a Committee on Preschool Special Education and a Committee on Special Education and appropriate Subcommittees on Special Education for the purpose of evaluating students suspected of having a disability and for placement of students with disabilities in appropriate programs.
• To provide a free appropriate education in the least restrictive environment for all District students with disabilities between the ages of three and twenty one, or until the students have achieved a high school diploma, whichever shall occur first.
• To have high expectations for all preschool and school-age students with disabilities and to ensure that they have the opportunity to participate in all District programs, to the maximum extent appropriate considering the needs of all students in a proposed setting.
• To ensure that policies and procedures for establishing and operating special education programs are clearly defined and that the special education program is an integral part of the District’s educational program.
• To provide the human and material resources necessary to implement a continuum of special education programs and services to meet the academic, social, physical and management needs of District students with disabilities.
• To support high quality professional development for all personnel who work with students with disabilities.
• To build close working relationships among all stakeholders in the special education community.
• To provide meaningful opportunities for parent participation the special education decision-making process.
• To provide, to the greatest extent appropriate, adaptation and modification of instructional materials and techniques, and collaborative models of instruction, to enable students with disabilities, as appropriate, to benefit from instruction within the general education setting, pass State assessments, and meet diploma requirements.
• To ensure that procedures are in place for disciplining students with disabilities that promote and support responsible student behavior, protect the right of students with disabilities to a free appropriate public education, and promote collaboration and communication among school personnel and the Committee on Special Education.
• To ensure the confidentiality of personally identifiable data, information or records pertaining to students with disabilities. Such information will not be disclosed except in accordance with regulations

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Implementation of school-wide approaches and pre-referral interventions (MTSS)

In accordance with the Individuals with Disabilities Education Improvement Act (IDEIA) and Part 200 of the Commissioner’s Regulations, the District must develop a policy and implement a plan to establish pre-referral interventions to assist a student’s education process before consideration of referral to the Committee on Special Education (CSE). In keeping with this policy, it is the responsibility of the school’s principal and building level team to investigate all possible avenues of general education support services that would enable the student to achieve the learning standards.

The Board of Education is committed to providing academic intervention services (AIS) to students at risk of not meeting the state learning standards. Such services may include additional instruction supplementing the instruction provided in the general curriculum and/or student support services such as guidance, counseling, attendance and study skills needed to support improved academic performance.

Eligibility for academic intervention services will be determined based on a student’s performance on state assessment exams and/or in accordance with the uniformly applied district-developed district-adopted procedures. Eligible students will receive services consistent with law and regulations which shall commence no later than  the beginning of the semester following a determination that a student is eligible for such services.

The Superintendent of Schools, in consultation with each Building Principal, shall maintain a description of academic intervention and/or student support services for each school. This description will include any variations in services in schools within the district and will specifically delineate:

• the district-wide procedures used to determine the need for academic intervention services;
  the academic intervention instructional and/or support services to be provided;
• whether instructional services and/or support services are offered during the regular school day or during an extended school day or year; and
• the criteria for ending services, including, if appropriate, performance levels that students must obtain on district-selected assessments.

These school-wide approaches shall serve as pre-referral interventions prior to consideration of special education programs through the Committee on Special Education (CSE). These pre-referral interventions will not be utilized as a barrier to prevent appropriate referrals for special education services but shall be used to assess the ability of the student to benefit from general education services.

The referral form to the CSE used by the District staff will describe, in writing, intervention services, programs used to remediate the student’s performance prior to services, or instructional methodologies, including any supplementary aids or support services provided, or the reasons why no such attempts were made. The principal and/or building level team shall maintain a record of pre-referral interventions implemented for each student. Each referral shall be reviewed to determine its appropriateness and whether pre-referral interventions have been adequately utilized, and if further interventions are deemed necessary.

Within ten (10) days of receipt of referral to the CSE, the building administrator may request a meeting with the parent or person in parental relationship to the student, the student, and the referring person, if a staff member, to determine whether the student would benefit from additional general education support services as an alternative to special education. These services may include, but are not limited to, speech and language improvement services, educationally related support services, academic intervention services, and any other services designed to address the learning needs of the student and maintain the student’s placement in general education. At this meeting, if there is a written agreement that with the provision of additional general education support services the referral is unwarranted, the referral shall be deemed withdrawn and the building administrator shall provide a copy of this agreement to the Chairperson of the CSE, the referring person, the parent or person in parental relationship, and the student if appropriate. The copy of the agreement will be in the native language of the parent and will name the additional general education support services that will be provided as well as the length of time of each service. This agreement will be placed in the student’s cumulative educational record file. If there is no written agreement reached at this meeting, the required timelines of the CSE will be maintained.

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Provision of appropriate special education services to enable involvement and progress in the general education curriculum

All eligible students with disabilities who reside in the School District shall be provided with an appropriate Individual Education Program (IEP) that meets the student’s unique educational needs as determined and recommended by the Committee on Special Education (CSE) and arranged for by the Board of Education. This IEP shall be designed to enable involvement and foster progress in general education to the extent appropriate to the needs of the student. In designing the IEP, the CSE will consider the present levels of performance and the expected learning outcomes of the student. The student’s academic, social development, physical development, and management needs will be the basis for written annual measurable goals.

In keeping with this policy, the CSE will consider general education at each initial, program or annual review for the student as well as the appropriate support or related services needed for the student to make academic progress within this environment. Progress or educational benefit shall be indicated by successful academic progress, including improvement in skills, achievement on State mandated examinations, ability to perform activities of daily living and an

increase in adaptive behavior. Progress will also be considered in the social areas, including relationships with peers and adults, feelings about one’s self, and the adjustment to school and community environments. Physical development areas such as the student’s improvement in motor or sensory areas, health, vitality and physical skills and the decrease of management needs that require environmental modifications or human resources shall also be considered as progress.

The District will ensure equal access to a diploma for all students with disabilities. Appropriate academic intervention services shall also be considered and determined by the building principal to assist students with disabilities in meeting their academic goals. These services shall be in addition to the special education services deemed appropriate by the CSE. No student, by virtue of designation as a student with a disability, shall be precluded from receiving equivalent instruction unless the CSE has determined that the student requires a Skills and Achievement Commencement Credential. If the student has the potential to achieve a high school diploma but requires a restrictive environment outside the District, the CSE will seek placement in a program that provides equivalent instruction.

The District will also ensure equal access for students with disabilities to after school activities such as clubs, sports, or evening activities and will provide, as recommended by the CSE, appropriate services to enable this participation. Students who are receiving education in out-of-district facilities, as recommended by the CSE, shall also have an equal opportunity to participate in these activities, as deemed appropriate to meet their individualized needs.

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Committee on Preschool Special Education (CPSE) and Committee on Special Education (CSE) appointment and training

To implement its commitment to the education of students with disabilities, the Board of Education annually appoints a Committee on Special Education (CSE), Subcommittee and a Committee on Preschool Special Education (CPSE). The Committees are appointed in accordance with the provisions of New York Education Law, Sections 4402 and 4410 and Section 200.3 of the Regulations of the Commissioner of Education. Major functions of the CSE and CPSE include:

• Identifying, evaluating and recommending placement for students with disabilities
• Assuring that appropriate due process safeguards are provided for each student;
• Maintaining an annually revised register of all students with disabilities who reside in the District and who are eligible to attend preschool or public school during the coming school year;
• Establishing a network for communication and sharing of resources with other educational and community service agencies;
• Reporting to the Board of Education on the adequacy and status of programs, services and facilities made available to school-age students with disabilities by the school district, and, for preschool students, by public and private agencies
• Reporting to the State Education Department on the number of preschool students, if any, within the District who are not receiving appropriate preschool services and the reasons for any such lack of service.

Responsibilities

The Committees have the responsibility to ensure that all necessary procedures for the identification, classification, placement and annual review of the status and progress of every student with a disability are carried out in accordance with federal and state law and regulations. Subcommittees are authorized to perform the functions of the Committee on Special Education except when a student is considered for a more restrictive environment or initial placement in:

• a special class; or
• a special class outside of the student’s school of attendance;
• or  a school primarily serving students with disabilities outside the student’s home district.

Upon a written request from a parent or a legal guardian of a student, the subcommittee will immediately refer to the Committee on Special Education for its review any recommendation of the subcommittee concerning the identification, evaluation, educational placement or provision of a free appropriate public education to a student that is not acceptable to the parent or person in parental relationship to the student.

The Committee on Special Education is responsible for oversight and monitoring of the activities of each subcommittee to assure compliance with federal and state law and regulations. Each subcommittee must annually report the status of each student with a disability within its jurisdiction to the Committee.

Training CSE/SPSE members

The District is committed to ensuring that all members of the CSE and CPSE are appropriately trained for their responsibilities on their respective committees. Committee members are made aware of their responsibilities to ensure that services are identified to allow the student to be involved in and progress in the general education curriculum. Specific administrative practices for training these members, including general education teachers and parents, to carry out the provisions of Part 200 include:

• arranging for attendance at meetings regarding CSE/CPSE issues;
• conducting training on a regular basis regarding procedures and any amendments to the Regulations of the Commissioner;
• providing copies of written guidelines pertaining to district practices and procedures for referring and evaluating preschool and school-age students suspected of having a disability;
• inviting committee member(s) to periodic site visits of out-of district special education placements to familiarize them with placement options available to resident special education students;
• utilizing BOCES and RSE-TASC as a training resource; and  utilizing the District attorney as a resource person, if needed to interpret specific information for the committee members.

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General staff development

The Board of Education is committed to hiring, training and retaining highly qualified personnel responsible for carrying out all of the mandates of 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 and the Committee on Preschool Special Education.

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 New York State Law.

As part of an ongoing effort to assist special and general education teachers to better understand the needs of students with special needs, staff development plays a critical role in preparing teachers to work with diverse learners.

In addition to staff meetings, in-service courses, Superintendent’s Conference Days, as well as individual meetings between special and general education teachers, the State Education Department has directed districts to include, as part of its professional development plan, a description of the professional development activities provided to all professional staff and supplementary school personnel who work with students with disabilities to assure that they have the skills and knowledge necessary to meet the needs of students with disabilities.

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Preschool children with disabilities

The Liberty Central School District  Committee on Preschool Special Education (CPSE) coordinates referrals and evaluations for children between the ages of three and five years old.  Children may be referred if there are concerns regarding development in any of the following areas:

• Cognitive Development: How a child learns, retains information and generalizes skills to new learning situations.
• Language Development (Communication): How a child uses or understands language.
• Physical Development: How a child demonstrates use of fine and gross motor skills in daily activities.
• Social-Emotional Development: How a child relates to peers and adults and perceives him/herself.
• Adaptive Development: How a child is able to complete daily living activities such as dressing, grooming, eating, toileting etc.

Committee membership for CPSE includes the chairperson, general education teacher, parent member, child’s parent or person in parental relation, county representative, agency evaluators and/or special education service providers.  If a child demonstrates a significant weakness in any one or more of the areas, he/she may be eligible to receive intervention to improve skills in the developmental area.

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Committee on Special Education

The Liberty Central School District provides a wide range of preventative services for the purpose of utilizing all general education supports prior to initiating a referral to the Committee on Special Education.  At the building level, Student Support Teams consisting of various school personnel, typically the principal/assistant principal, school psychologist, general education teacher, special education teacher and school social worker, meet on a regular basis to assess, plan and monitor the needs of identified at-risk students.  Meetings are held to provide input into planned intervention strategies. In this way, all available and appropriate services can be provided in order to address the specific needs of students within the general education setting to the greatest degree possible.  The District uses a Multi Tier System of Supports (MTSS) to provide both academic and behavioral intervention to all students. When implemented with fidelity, and the student does not adequately achieve grade level standards in reading and math and is not making sufficient progress toward meeting those standards through the district’s MTSS process, a referral to special education is submitted; MTSS does not prevent a referral to the CSE.

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CSE referral process

A referral to the Committee on Special Education (CSE) is initiated after all the available general education supports and services have been exhausted.  A referral may be made by a student’s parent or person in parental relationship, a student who is over eighteen years of age, and designated members of the school district.  Staff, outside agencies and physicians may direct a request for referral to a district designee for consideration.

Once a referral is made to the CSE, formal evaluations and assessments are conducted to obtain a student profile for the purpose of ascertaining the extent to which special education services may be necessary. All Response to Intervention data is collected.

If the CSE determines that a student qualifies for special education services, an Individualized Education Program (IEP) is developed in accordance with Part 200 of the Regulations of the Commissioner of Education and includes the following components:

• Classification of the disability
• Present levels of performance and individual needs in academic, physical and social areas of development
• Measurable annual goals and related objectives, if appropriate
• Post-secondary goals and plans, if appropriate
• Special education program and related services
• Least restrictive environment
• How the disability affects student’s progress in the general education setting
• Extent of participation in the general education setting
• Specialized equipment and adaptive devices
• Alternative testing procedures
• Coordinated set of transition activities, if appropriate

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In-district services

The following special education programs and services are available to students within The Liberty Central School District.

Declassification Support Services

These services are provided to students who are ready to transition to full-time general education programs.  Upon recommending that a student be declassified, the CSE shall identify any declassification support services including the projected date of initiation of such services and the duration of these services.

Special education programs — school age

The following is a description of the special education services and programs offered at LCSD. Federal and State regulations require that students are educated in the Least Restrictive Environment (LRE). The LRE refers to the extent special education services are provided to a student in a setting with the student’s non-disabled peers.  The LRE is determined by the Committee on Special Education.

Related Services

Related services are those that assist a student in benefiting from special education services or assist the student in accessing the general curriculum. Related services are developmental, corrective, and other supportive services that are required to assist the student with a disability. Related services include, but are not limited to speech/language therapy, occupational therapy, physical therapy, vision therapy, teacher of hearing, and psychological counseling.

Consultant Teacher Services

Consultant Teacher services are defined as direct and/or indirect services provided to students with disabilities in the student’s general education class and/or to a student’s general education teachers.

• Direct consultant teachers provide specially designed instruction to students with disabilities to aid and assist the student to benefit from general education instruction.
• Indirect consultant teachers consult with a general education teacher to assist the teacher in adjusting the learning environment and/or modifying the instruction methods to meet the individual needs of the student with a disability in the general education class.

Resource Room

Resource Room is a special education program for students with disabilities who are in need of specialized supplementary instruction in a small group setting. Resource Room is available (depending on need).

• No more than 5 students may be placed in a resource room at any one time.
• Students shall not receive less than three hours of instruction per week.
• Students are assigned to a resource room based on a similarity of needs according to levels of academic achievement, learning characteristics, social and physical development, and management needs.

Integrated Co-Teaching

In an integrated co-taught classroom, specially designed instruction and academic instruction are provided to a group of students with disabilities together with their non-disabled peers. The planning and instruction are shared by a general education teacher and a special education teacher. Students in ICT learn the grade-level curriculum. Assignments may be modified at times to ensure student success.  Students with disabilities master specific skills and concepts in the general education setting, with their special education needs and IEP goals being met simultaneously.  In the ICT classroom, there are different teaching models that can be implemented to meet the diverse needs of the students. Teachers switch roles as necessary to target all learning styles.

Special Class

Special Class is a class consisting of students with disabilities who have been grouped together because of similarity of needs for the purpose of receiving specially designed instruction in a self-contained setting, meaning that such students are receiving their primary instruction separate from their nondisabled peers.

• 15:1 refers to a self-contained class consisting of 15 students with disabilities and 1 special education teacher. Students in a 15:1  receive specialized targeted instruction in a small class environment where they work toward mastery of grade-level content and standards.
• 12:1:1 refers to a self-contained  class consisting of 12 students with disabilities who have more significant disabilities and therefore have difficulty learning at the traditional pacing of grade–level academic material.  The class consists of 1 special education teacher, and 1 support staff (teacher assistant or teacher’s aide).
• 12:1: (3:1)  refers to a self-contained life skills program appropriate for students with severe multiple disabilities who meet the NYS requirements for alternate assessment.  All academic classes follow a modified curriculum, which is adjusted according to students’ levels and abilities.  Independent living and social skills are taught and applied throughout the program. The class consists of 1 special education teacher, and 1 support staff (teacher assistant or teacher’s aide) for every 3 students.

Out-of-district BOCES Services

• Sullivan County BOCES
• Orange Ulster County BOCES
• Capital Region BOCES

Contracted services are provided through Sullivan, Orange Ulster, and Capital Region BOCES for students whose needs dictate programs and/or services not currently available in-district as follows:

• Educational Life Skills Program (12:1+1)
• Academic/ Behavior Skills Program (8:1:1)
• Therapeutic Support Program (6:1:1), (8:1:1)
• Autism Spectrum Disorder, Multiple Disabilities Program (8:1:3)

Students with disabilities often need support beyond the classroom instruction. BOCES staff may be utilized to provide the following, if appropriate:

• Vision/ Hearing Services as a related service provided by a certified teacher of the visually or hearing impaired
• Occupational, Physical and Speech Therapy Services
• Behavioral Support Services, Counseling, Social Work Services and Psychological Services

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Private placements

Based upon need, students may be placed in day treatment programs or residential placements.  Placements are made to provide students with the support and services that cannot be addressed in a less restrictive environment.

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Methods of evaluation

The evaluation of the progress of students with disabilities as well as the evaluation of special education programs and services includes but is not limited to the following information:

• Individualized Education Program (IEP) goals and objectives.
• Results of standardized tests and other assessment instruments as indicated on the IEP.
• Reports submitted by special education teachers, general education teachers, the school psychologist and/ or related service providers.
• Information obtained from Pupil Data (PD) Reports.
• Information obtained from the New York State School Report Card.
• Percentage of students with disabilities who participate in occupational education programs and workforce preparation programs.
• Dropout rates of students with disabilities.
• Percentage of students with disabilities who graduate with Certificates, Local or
• Regents Diplomas.

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Extended School Year (ESY) services

The Committee on Special Education or Committee on Preschool Special Education will determine whether a student requires extended school year special education services in order to prevent substantial regression. Substantial regression as defined by regulations would be indicated by a student’s inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with Section 200.6(k) of the Commissioner’s Regulations, students will be considered for twelve-month (12) special services and/or programs to prevent substantial regression if they are:

• Students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes;
• Students with severe multiple disabilities, whose programs consist primarily of rehabilitation and treatment;
• Students who are recommended for home and hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment;
• Students whose needs are so severe that they can be met only in a seven-day (7) residential program; or
• Students receiving other special education services, who, because of their disabilities exhibit the need for a twelve-month (12) special service and/or program provided in a structured learning environment of up to twelve (12) months duration in order to prevent substantial regression, as determined by the Committee on Special Education.

Both quantitative and qualitative information will be reviewed by the Committee to substantiate the need for providing such services and programs. A student is eligible for a twelve-month (12) service or program when the period of review or re-teaching required to recoup the skill or knowledge level attained by the end of the prior school year is beyond the time ordinarily reserved for that purpose at the beginning of the school year. The typical period of review or re-teaching ranges between twenty (20) and forty (40) school days. As a guideline for the purpose of determining eligibility for an extended school year program, a review period of eight (8) weeks or more would indicate that substantial regression has occurred.

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Space allocation

The Liberty Central School District is committed to providing equally appropriate space to all students, including those with disabilities.

The allocation of space for the above specified special education services and programs is done with consideration of appropriate square footage, windows, ventilation, heat and light in relation to the size of the group being educated within the limitations of the available facilities.  In addition, allocation of space is done so that students have equal access to opportunities available to the general population and are within the mainstream of the building’s activities to the greatest extent possible.

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Alternate format of materials

All K-12 General Education materials are available for modification and use with the K-12 special education  population. Special Education teachers and related service staff are included in all district-wide professional development surrounding the NYS Next Generation Learning Standards to meet the individualized education plan needs of their students.

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Special education programs — pre-school age

Related Services

Such services shall be provided by an approved provider or, as authorized by section 4410 of the Education Law, such services shall be provided at a site determined by the board, including but not limited to an approved or licensed pre kindergarten or head start program; the work site of the provider; the student’s home; a hospital; a state facility; or a child care location as defined in section 4410 of the Education Law. If the board determines that documented medical or special needs of the preschool student indicate that the student should not be transported to another site the student shall be entitled to receive related services in the preschool student’s home.

Special Education Itinerant Services

Defined in Section 4410(1)(k) of Education Law are services provided by a certified special education teacher of an approved program on an itinerant basis at a site determined by the board including but not limited to an approved or licensed pre-kindergarten or head start program; the student’s home; a hospital; a State facility; or a child care location as defined in section 4410 of the Education Law. If the board determines that documented medical or special needs of the preschool student indicate that the student should not be transported to another site, the student shall be entitled to receive special education itinerant services in the preschool student’s home. Such services shall be for the purpose of providing specialized individual or group instruction and/or indirect services to preschool students with disabilities. Indirect services means consultation provided by a certified special education teacher to assist the child’s teacher in adjusting the learning environment and/or modifying their instructional methods to meet the individual needs of a preschool student with a disability who attends an early childhood program. An early childhood program, for purposes of this paragraph, means a regular preschool program or day care program approved or licensed by a governmental agency in which a child under the age of five attends. Special education itinerant services shall be provided to a preschool student with a disability for whom such services have been recommended as follows:

• (a) the service shall be recommended by the Committee on Preschool Special Education and shall be included in the student’s individualized education program;
• (b) the level of this service should not be less than two hours per week;
• (c) the total number of students with disabilities assigned to the special education teacher should not exceed 20;
• (d) related services shall be provided in addition to special education itinerant services, in accordance with the student’s IEP;
• (e) in the event that the board selects a special service or program that will be provided in the preschool student’s home or another care setting to which the parent has made or subsequently makes arrangements, no transportation shall be indicated.

Special classes

Provided on a half-day or full-day basis pursuant to section 200.1(p), (q) and (v) of this Part and in accordance with section 200.6(h)(2) and (3) or section 200.9(f)(2)(x) of this Part and shall assure that:

• (a) the chronological age range within special classes serving preschool students with disabilities shall not exceed 36 months, except that, upon application and documented educational justification to the commissioner, approval may be granted for variance from the special class chronological age range;
• (b) the maximum class size shall not exceed 12 preschool students with at least one teacher and one or more supplementary school personnel assigned to each class:
  • (1) If a committee on preschool special education recommends a preschool student to an approved program which has no space available in the specific special class which will meet the student’s unique needs as recommended on the IEP, the approved program may temporarily increase the enrollment of a class up to a maximum of 13 preschool students for the remainder of the school year, by a procedure to be established by the Commissioner, to ensure that students receive a free appropriate public education. If the attendance during the instructional time exceeds 12 students, another staff member shall be assigned to the class. Other staff members may include related service providers and/or supplementary school personnel.
• (c) such services shall be provided for not less than two and one half hours per day, two days per week;
  • (iv) in-state residential special education programs and services shall be provided to each preschool student with a disability for whom such services have been recommended for a minimum of five hours per day, five days per week. Placement in such residential programs shall be approved by the commissioner in accordance with section 200.6(j) of this Part;
  • (v) 12-month special services and/or programs shall be provided to eligible preschool students with disabilities consistent with their individual needs, as specified in their individualized education programs. Preschool students with disabilities may be considered for such special services and/or programs in accordance with their need to prevent substantial regression if they are:
    • (a) preschool students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention; or
    • (b) preschool students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment; or
    • (c) preschool students whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment in the home; or
    • (d) preschool students whose needs are so severe that they can be met only in a seven-day residential program; or
    • (e) preschool students who are not described in clauses (a) through (d) of this subparagraph whose disabilities are severe enough to exhibit the need for a structured learning environment of 12 months duration to prevent substantial regression as determined by the preschool committee on special education.

Classes by Grade Level (School Age)

• K: ICT; 1: ICT; 2: ICT: 3: ICT; 4: ICT; 5: ICT; 6: ICT; 7: ICT; 8: ICT: 9: CT; 10: CT; 11: CT; 12: CT
• 2/3: SC 15:1; 5: SC 15:1; 6: SC 15:1; 7: SC 15-1; 8: SC 15-1; 9: SC 15-1; 10: SC15-1;  11: SC15-1;
• K-2: SC 12:1+1
• K-4: SC 12:1+(3:1); 5-8: SC 12:1+(3:1); 9-12: SC 12:1+(3:1)
• 9-12: Resource Room

School-Age Child Count by Age and Disability October 2023 Snapshot (Students Receiving Special Education Services as of October 4, 2023 )

Disability: Ages 4-5, Ages 6-11, Ages 12-13, Ages 14-17, Ages 18-21; Total for 2023-24; Total for 2022-23

• Autism: 6, 16, 1, 2, 2; 27; 23
• Emotional Disability: 1, 5, 3, 7, 0; 16; 15
• Learning Disability: 0, 39, 15, 41, 8; 103; 102
• Intellectual Disability: 1, 0, 2, 2, 0; 5; 5
• Deafness: 0, 0, 0, 1, 0; 1; 1
• Hearing Impairment: 0, 0, 0, 0, 0: 0
• Speech/Language Impairment: 10, 39, 3, 3, 0; 55; 59
• Visual Impairment: 0, 0, 0, 0, 0: 0
• Orthopedic Impairment: 2, 2, 0, 0, 0; 4; 0
• Other Health Impairment: 1, 13, 8, 25, 3; 50; 54
• Multiple Disabilities: 0, 10, 4, 15, 3; 32; 30
• Traumatic Brain Injury: 0, 0, 0, 0, 0; 0
• Total: 15, 114, 44, 94, 16; 283

Setting

All School-Aged Children with Disabilities Receiving Services on October 4, 2023, (Ages 5 who are in Kindergarten through 21, as of October 4, 2023)

Time Inside Regular Classroom: Ages 5-11, Ages 12-13, Ages 14-17, Ages 18-21; Total 10/4/2023; Total 10/5/2022)

• 80% or more: 81, 18, 42, 8; 149; 142
• 40% to 79%: 6,8,29,3; 46; 83
• Less than 40%: 50, 8, 19, 2; 79; 46
• Total: 137, 34,90,13; 274, 276

In Separate Settings Outside of regular school facilities, in buildings that are attended by students with disabilities only. Line 4 includes students who are placed on home instruction by the CSE.

Type of Setting Outside the Regular Classroom: Ages 5-11, Ages 12-13, Ages 14-17, Ages 18-21; Total 10/4/2023; Total 10/5/2022

• Separate School: 6,1,5,3;15;11
• Residential Facility: 0, 0, 0, 0; 0;0
• Hospital (In-Patient): 0, 0, 0, 0; 0;0
• Homes Placement by CSE: 0, 0, 1, 0; 1;0
• Total: 6, 1, 6, 3; 13;11

Preschool LRE Setting Report by Age

• Educational Environment: Age 3; Age 4; Total October 4, 2023; Total October 5, 2022
• Attending a regular early childhood program for 10 or more hours a week and receiving the majority of hours of special education and related services in the regular early childhood program: 2, 6, 8, 6
• Attending a regular early childhood program for 10 or more hours a week and receiving the majority of hours of special education and related services in some other location: 0, 0, 0, 0
• Attending a regular early childhood program for less than 10 hours a week and receiving the majority of hours of special education and related services in the regular early childhood program: 0, 0, 0, 0
• Attending a regular early childhood program for less than 10 hours a week and receiving the majority of hours of special education and related services in some other location: 0, 0, 0, 0
• Separate Class: 11, 4, 15, 3
• Separate School: 0, 0, 0,
• Residential Facility: 0, 0, 0, 0
• Home: 7, 10, 17, 13
• Service Providers Location: 0, 2, 2, 12
• Total: 20, 22, 42, 35

Preschool Students by Primary Service Provider

Primary Service Provider BEDS Code; Primary Service Provider Name; Number of Students Provided:  Related Services Only, All Other Preschool Services, Total

• x,Total for All Providers; 27, 15, 42
• 800000092825; Gelsomino and Davis Speech, Occupational, Physical Therapy Services, PLLC; 0, 15, 15
• 591401640002; County of Sullivan; 27, 0, 27

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Special education budget

• Salaries, Instructional: $2,389,781.00
• Salaries, Non-Instructional: $781,029.00
• Independent Evaluations/Medical Exams: $3,000.00
• Teaching Assistants: $552,518.00
• OT/PT Contract: $264,800.00
• Materials and Supplies: $57,000.00
• Tuition to other schools: $1,500,000.00
• Workshops/Conferences Travel: 0
• BOCES services: $2,918,807.00
• Service Contracts: $34,600.00
• Field Trips: $1,500.00
• Nursing Services (1:1): $215,460.00

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