Prepared by Joanne Fritz, C.S.W.
The CSE Process
1. How is a child typically identified as needing special education assistance?
The child is usually referred to the school district's Committee on Special Education (CSE) by either the parents or the classroom teacher. If the teacher notices that the child is having difficulty in school, he or she must obtain parental permission before requesting an evaluation. If the teacher has contacted you and obtained your permission for an evaluation, it is a good idea to follow up with the teacher and/or the CSE chairperson within 2 –3 weeks to be sure the evaluation has begun.
If you, as the parent, suspect that your child might have a learning disability that is interfering with school performance, you must request an evaluation in writing. This can be sent to the CSE chairperson, or to your child's school principal.
2. How long does the school have to complete the evaluation?
According to State Education law, the school has 30 school days from the date on which they received parental consent to complete the evaluation.
3. Who evaluates the child?
The basic educational evaluation to determine if a child has a learning disability is performed by a psychologist. If there is a suspicion that there are other factors affecting the child's performance, additional evaluations can be performed by a speech pathologist, occupational therapist, or physical therapist.
4. Do I have any recourse if I disagree with the school's evaluation?
If you disagree with the evaluation or believe that a more detailed assessment will be necessary to develop an appropriate program for your child, you can request that the district refer your child to a psychologist who is in private practice for a more thorough evaluation. If this is done, you have a right to have this evaluation paid for by the district. School districts maintain a list of psychologists in private practice that they use for these referrals.
5. What if I prefer to have the initial evaluation performed by a psychologist in private practice?
You can always request that this individual perform the initial evaluation, and explain your reason for the request. Most school districts, however, prefer that the initial evaluation be performed by their own school psychologist, and that the child be referred privately only if there is disagreement about the initial evaluation.
6. How can I be sure of what my child's rights are during this process?
The State Education Department publishes a guide for parents that is available free of charge. It is called "A Parent's Guide to Special Education for Children Ages 5-21," and it is available from the Office for Special Education Services and the Special Education Training and Resource Centers (SETRC). The listing of your local SETRC office would be under the Board of Cooperative Educational Services listing in the business section of your telephone book. You can also call the Special Education Office of the State Education Department at (518) 474-5548 to request a copy.
The "Parent's Guide" is supposed to be given to parents at the child's CSE meeting, so if you have not received one, you could also request a copy from your school district's Office of Special Education.
7. Who is on the Committee on Special Education?
The mandated members of the CSE Committee currently consist of the child's teacher, a district representative of special education, a school psychologist, a parent representative (who has a child with a disability), and the child's parents. It can also include an occupational therapist, physical therapist, speech pathologist, social worker, guidance counselor, school nurse, or physician, depending on the needs of the child and the practices of the school district. If you feel that it is critical to have a physician present at your child's CSE meeting, you must give the district at least 72 hours to obtain the physician.
8. Am I allowed to bring a friend to the CSE meeting as support for myself?
Yes, parents can bring anyone to a CSE meeting. As a matter of fact, it is often a good idea to have someone else with you to be sure that you heard and understood everything that happened during the meeting. If you do bring someone with you, it is helpful to call the CSE office ahead of time to let them know that there will be someone accompanying you.
9. How are changes in programming implemented after the CSE meeting?
If the Committee on Special Education agrees that your child has a disability that affects her education sufficiently to warrant special services, they will generate a document called an Individualized Education Program (IEP). You, as parent, should have input into the development of this document. The IEP is a legal document that describes the special services (such as resource room, speech therapy, counseling) that your child needs, as well as the educational modifications (such as extended time or rewording of test directions) that will be needed in order to accurately and successfully test your child's knowledge.
10. What recourse do I have if the CSE committee refuses to identify my child as being in need of special services and also refuses to provide these services?
If you disagree with the recommendations of the CSE committee, you may request an impartial hearing. This request must be made in writing. Most school districts will attempt to solve disputes through informal methods before actually going through this process. Some districts have no-cost mediation available, in which you and a district representative meet with an impartial third party in an attempt to reach an agreement.
It is important to realize that school districts typically require that there be a "significant discrepancy" between the student's ability to learn and his actual performance. In most districts, this discrepancy is two years (less for preschoolers). If your child does not demonstrate this discrepancy, the district will not identify him as needing special services. Instead, they will offer classes in remedial reading or math for which identification is not needed.
Additional Questions Related to Education
11. If my child has a learning disability, how can she be expected to pass the required Competency Exams in order to graduate?
Your child is entitled to whichever testing modifications are needed for her to be tested fairly in spite of her disability. If there are specific testing modifications listed on the IEP (such as extended time, separate location, use of calculator, having test questions read to her) these should also be used for her competency tests. If you notice that there are modifications needed in testing that are not on the IEP, request an IEP meeting before she is tested so that the appropriate modifications can be added.
12. What recourse do I have if my child's teachers fail to follow the IEP?
The IEP is a legal document, so if a child's teachers do not follow it, they are technically breaking the law. There are a number of things that can be done ahead of time to reduce the chances of this happening, as well as steps that can be taken after the fact:
- If there are areas of the IEP that the teacher feels are unnecessary, discuss it with him or her. If the teacher truly feels that your child does not need certain modifications, you can obtain the opinion of the resource room teacher or anyone else who is familiar with your child's work. If you are convinced that the teacher is correct, a new CSE meeting can be called to change the IEP. However, if you believe that your child still needs the modifications in question, explain the reason behind them as clearly as possible to the teacher. As long as they are on the IEP, they should still be followed.
- If there is a problem with the logistics of carrying out the modifications necessary (for example, figuring out who can read test directions to the student), you can assist (if you choose) by brainstorming solutions with the classroom teacher, resource room teacher, and anyone else who is involved (e.g. social worker, psychologist, school principal). If the teacher refuses to implement needed modifications, you can also solicit the help of the CSE chair to work out the problem.
- If you have been unable to work out the problem in a diplomatic manner, and the teacher still refuses to follow the IEP, you can file a complaint with your regional Office of Civil Rights. You are also entitled to initiate due process with the Board of Education.
13. What recourse do I have if my district does not have a program that will accommodate my child?
School districts are mandated to find the "Least Restrictive Environment" (LRE) for each student identified as needing services by the CSE. The LRE is the setting that is the closest to what would be the child's regular school setting if she did not have a disability. Many children can be taught effectively in a regular education classroom with a consultant teacher (a teacher with a background in special education who consults with the classroom teacher and assists students directly in the classroom) or with time in a resource room (a separate room in which the special education teacher can provide assistance to a small group of students for one or two periods a day). If a student needs a small classroom setting because of difficulty learning in a large group or because of behavior, she may be placed in a "self-contained classroom," which is reserved for students with similar needs in special education. From there, most schools will try to "mainstream" the student into as many regular education classes as she can handle (classes in which the disability does not affect the student's ability to learn).
If the district has no special education classes that are appropriate for your child, they may recommend a class through BOCES (Board of Cooperative Educational Services). BOCES is an umbrella agency that attempts to meet the needs of individuals that districts are unable to meet. A class run by BOCES might be located in a school in a neighboring town or county.
If there are no BOCES classes that meet the needs of your child, the next step a district will take is looking for a private school placement. Another option for the district is to seek programs in a neighboring school district, and to contract for services with that district. If there is a waiting list for an appropriate placement and your child cannot be served in district, the CSE committee may recommend home tutoring for one or two hours a day, and will hire a tutor for this purpose until the placement is again available.
14. What is an impartial hearing?
An impartial hearing is a formal way of resolving disagreements between parents and school districts. It is an administrative proceeding similar to a court proceeding, but a bit more relaxed. It is held in front of an impartial hearing officer, who is appointed by, but not hired by, the school district.
15. If we need to initiate an impartial hearing, do we need to have an attorney?
Technically, you do not need an attorney. However, it is important to realize that the school district will have their own attorney present. You will probably feel more secure going through this process with an attorney, and will have greater assurance of covering all the "bases" necessary in your case.
16. Where can we get an attorney familiar with this process?
In the Capital District of NYS, you can call the Developmental Disabilities Law Clinic of Albany Law School at (518) 445-2311. They can provide the services of law students, supervised by attorneys, at low cost or free of charge. If you can afford the services of an attorney in private practice, you should call any lawyer referral line and request the names of attorneys in your area who specialize in the area of special education.
17. My child is very bright, but also has a learning disability that prevents him from producing the work he is capable of. Consequently he is very frustrated. The district refuses to identify him because he "tests too high," and the remedial classes available are not appropriate for him. What can I do?
You can request another CSE meeting and point out that, while your son does not test below grade level, there is a significant discrepancy between the work you would expect based on his IQ level, and the scores he was able to produce on some of the subtests. If the CSE committee refuses to acknowledge this, or if there were not enough tests done to pinpoint the discrepancy that exists, request that he be tested by a psychologist in private practice. Their testing is usually more detailed than the testing that school psychologists are able to do given their time constraints, and may demonstrate some subtle differences that were not apparent in the school's evaluation. It is also important to communicate the extent of your child's frustration to the CSE chair and committee. They need to understand that he realizes he is capable of better work than he is able to produce, and that this is affecting his self-esteem and his ability to do his best in school.
According to Part B regulations of the IDEA (the Individuals with Disabilities Education Act), students cannot be excluded from special education services based on intelligence level. In order to be identified as having a specific learning disability, there must be a severe discrepancy between achievement and intellectual ability.
If your son truly does not qualify for identification as a student who needs an IEP, another alternative is for the school to develop a 504 Accommodation Plan. This plan would be developed by the CSE chair, in a meeting that included you and your son, his guidance counselor, and your son's teachers. A 504 Accommodation Plan would describe your son's disabilities, and outline modifications and accommodations that have to be followed in his classes in order to give him the best chance of success. It could include such modifications as extended time on tests, testing in a separate location, reduction in the size of assignments, seating in the front of the classroom, or anything else that pertains to the difficulty your son is having with completing work or taking tests. This plan would be signed by all of your son's teachers, and if it is not followed in some of his classes, the guidance counselor would contact the teachers involved and remind them of the need to do this. This plan is a very good alternative for students who are affected by a learning disability, but who do not qualify for more extensive services. If you think that some simple modifications of schoolwork might be enough for your son, let the CSE chair know that you would like to write up a 504 Accommodation Plan.
18. My child is very bright, but has been having a great deal of trouble completing schoolwork. I hired a tutor to assist her after school. This has helped her grades to improve to A's and B's, but at the cost of any type of social life. Between the time spent with the tutor and with my assistance in the evenings, my daughter spends all her time on schoolwork. I requested a CSE meeting to try to get her in-school assistance and work modifications, but the school says that her grades are too high for her to qualify for services.
According to the Department of Education, the multidisciplinary team evaluating your daughter can include in their report information about outside help or support that may have raised her achievement level. If no one on the team (e.g.: the psychologist) has included this, you should request that the CSE committee meet, and discuss it there. They need to know that your daughter's current educational achievements are augmented by this assistance, and that without the assistance, her grades would be much lower.
It is also important for the committee to know that your child is spending so much time on schoolwork. No one expects a student to spend all free time on academics. In addition, schoolwork typically becomes more difficult and harder to organize in the higher grades, so, without in-school supports, this situation is likely to become more difficult for her.
19. Does a student have to graduate upon completing the credit requirements for graduation, regardless of the emotional level and vocational needs of the individual?
Every special education students is entitled to a free appropriate public education through the school year that includes his or her 21st birthday. The student is ready to graduate when the academic, social, and transition goals on the IEP have been met. In 1990, the Individuals with Disabilities Education Act (IDEA) mandated that the transitional needs of students be addressed in the IEP by age 16. In New York State, this planning must begin by age 15. This means that contact with vocational services should be initiated and included in IEP meetings, and that transitional plans should not be a surprise to anyone. If plans have not been discussed starting at age 15, the parent has a right to question the CSE chair and request that planning begin promptly.
Graduation is considered a change in educational placement. As such, the following procedural safeguards must be taken:
- Notice that graduation ends IDEA eligibility.
- An explanation of why the school believes that graduation is appropriate, including a summary of tests used to evaluate the student's skills.
- An explanation of procedural rights available, including an independent evaluation and due process.
- Any other services available from adult service providers (such as vocational) or other factors that are related to the recommendation of graduation.
20. What is included in transition planning in the IEP?
The IDEA describes transition services as "a coordinated set of activities for a student that promotes movement from school to post-school activities." This includes vocational, residential and social activities. The transitional planning meetings should include the student's VESID counselor if possible, and anyone else involved in these areas. (VESID stands for Vocational and Educational Services for Individuals with Disabilities and is a state agency.) The student should also be involved in this planning, and self-advocacy is an important skill that can be planned for and worked on at this time.
21. Are testing modifications allowed on standardized tests such as the SAT's?
Yes, if the student has been identified as needing modifications by the school district and has an IEP, some modifications are allowed. You must apply for these ahead of time and provide documentation of disability. The guidance office at your child's school should be able to assist. It is advisable to contact testing authorities well in advance of the administration of the test for more comprehensive information about modifications available and how to obtain them.
For a detailed description of testing modifications both for school and standardized tests, you may obtain a copy of a publication entitled "Test Access & Modification for Individuals with Disabilities" from either the State Education Department or your local VESID office.
Joanne Fritz is a certified social worker for Wildwood Programs,
Inc. located in New York's Capital District.
For further information, contact:
Family and Community Services
Wildwood Programs, Inc.
1202 Troy-Schenectady Road
Building #1
Latham, NY 12110
(518) 783-3421
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