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What is...?
Special Education
Special education is specially designed individualized or group
instruction or special services or programs provided to a
student with a disability (SWD) as determined by the Committee
on Special Education (CSE).
Individualized Education
Program
Individualized education program (IEP) means a written
statement, developed, reviewed and revised in accordance with
section 200.4 of the Regulations of the Commissioner, for
purposes of meeting the unique educational needs of a student
with a disability.
Least Restrictive
Environment
Least restrictive environment (LRE) means that placement of
students with disabilities in special classes, separate schools
or other removal from the regular educational environment occurs
only when the nature or severity of the disability is such that
even with the use of supplementary aids and services, education
cannot be satisfactorily achieved. The placement of an
individual student with a disability in the least restrictive
environment shall:
- Provide the special
education needed by the student;
- Provide for education of
the student to the maximum extent appropriate to the needs
of the student with other students who do not have
disabilities; and
- Be as close as possible
to the student's home.
Student with a Disability
Student with a disability means a student with a disability as
defined in section 4401(1) of Education Law, who has not
attained the age of 21 prior to September 1 and who is entitled
to attend public schools pursuant to section 3202 of the
Education Law and who, because of mental, physical or emotional
reasons, has been identified as having a disability and who
requires special services and programs approved by the
department. The 13 categories of eligibility are:
- Autism
- Deafness
- Deaf-blindness
- Emotional disturbance
- Hearing impairment
- Learning disability
- Mental retardation
- Multiple disabilities
- Orthopedic impairment
- Other health-impairment
- Speech or language
impairment
- Traumatic brain injury
- Visual impairment
including blindness
Continuum of Services
Students with disabilities shall be provided special education
in the least restrictive environment, as defined in section
200.1 (cc) of the commissioner’s regulations. To enable students
with disabilities to be educated with nondisabled students to
the maximum extent appropriate, specially designed instruction
and supplementary services may be provided in the regular class.
Such services may include, but are not limited to, consultant
teacher services and other group or individual supplemental or
direct special education instruction.
Free and Appropriate Public
Education (FAPE)
The term ‘free appropriate public education' means special
education and related services that:
- Have been provided at
public expense, under public supervision and direction, and
without charge;
- Meet the standards of the
State educational agency;
- Include an appropriate
preschool, elementary, or secondary school education in the
State involved; and
- Are provided in
conformity with the individualized education program.
Individuals with Disability
Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is the
federal law that secures special education services for children
with disabilities from birth until high school graduation (up to
age 21).
Section 504
Section 504 is a civil rights law that prohibits discrimination
against individuals with disabilities. Section 504 ensures that
a student with a disability has equal access to an education (a
FAPE). After a student is determined for eligible for supports
under Section 504, a multidisciplinary team creates an
Accommodation Plan to support his or her needs.
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