Classification Process

Individual Evaluations- 

• If a student is being evaluated for the first time, the school district must complete the initial evaluation within 60 calendar days of receiving parent’s written consent for evaluation. 

• Evaluations must be appropriate, and must be:  

• In the student’s native language or other mode of communication;  

• Valid and reliable; 

• Administered by trained and knowledgeable personnel; and 

• Not discriminatory on a racial or cultural basis 

• 8 NYCRR § 200.4(b)(6)(i) and, for CPSE, 8 NYCRR § 200.16(c)(2) 

• School districts must evaluate in all areas of suspected disability at no cost to the parent. 

• After the evaluations are completed, the CSE/CPSE meets to review the evaluation results to determine if the student has a disability.  

• A parent has a right to one independent education evaluation (IEE) at public expense each time the district conducts an evaluation that the parent disagrees with. For more information on IEE’s, please see our section titled “A Quick Guide to Independent Educational Evaluations—IEE’s”. 

 

Eligibility Determinations 

• When the initial CSE meeting is scheduled, the school district must send the parent a written notice at least 5 days prior to the scheduled CSE meeting date. 

• We recommend parents request the evaluation prior to the meeting so that they can meaningfully participate in the committee’s discussion of the evaluation. 

• The District is not obligated to translate the entire evaluation document into English for non-English speaking parents, but the results of the evaluation must be provided to the parents in their native language, unless its not feasible for the school district to do so.  

• The notice must include a date, time, location and participants. The notice must also say that the parent has a right to participate and invite those with knowledge or special expertise about the student.  

• The meeting should be scheduled for a mutually agreed upon time and place and be physically accessible to the parent. 

• The CSE may agree to conduct the meeting by phone, however parents are not obligated to have a virtual meeting. The parents have the right to attend the meeting in-person, whether in-person or virtually, but in either case should attend the CSE meeting.  

• At the meeting, the CSE will review the evaluation results and information from the parent and decide whether to identify the student as a student with a disability. 

• To be eligible for special education, the student must have a disability that, for mental, physical, or emotional reasons, affects their ability to learn and requires special services and programs. 

• If deemed eligible for special education, the CSE will determine which of the 13 classifications most accurately describes the disability that most directly interferes with a student’s learning. The 13 classifications are: 

• Autism  

• Deafness 

• Deaf-blindness 

• Emotional Disability  

• Hearing Impairment  

• Learning Disability  

• Intellectual Disability  

• Multiple Disabilities 

• Orthopedic Impairment  

• Other health-impairment  

• Speech or Language impairment  

• Traumatic Brain Injury  

• Visual Impairment including blindness 

 

Developing the IEP 

• The CSE will review the student’s Present Levels of Performance (PLEPS) in four basic areas: 

• Academic achievement, functional performance, and learning characteristics: A student’s knowledge in subject and skill areas including activities of daily living, intellectual functioning, adaptative behavior and expected rate of progress. 

• Social Development: The student’s relationship with peers and adults, as well as the student’s social adjustment in school and the community. 

• Physical Development: The quality of the student’s motor and sensory development, health, vitality and physical skills or limitations. 

• Management Needs: Environmental modifications and resources needed for the student to benefit from instruction. 

• Other factors the CSE must consider: 

• Positive behavior interventions and strategies to address any disruptive behavior. 

• Language needs of a student with limited English proficiency. 

• Braille for visually impaired students. 

• Student’s communication needs. 

• Assistive Technology (such as, a pencil grip, braille reader, iPad or software) and whether it is needed at home and other places. 

• For students 15 or older, transition planning.  

• The CSE will develop measurable annual goals that are reasonably calculated to be achieved within the school year. Goals must include academic and functional goals and must be specific and measurable so that progress can be easily quantified. Each annual goal shall include the evaluative criteria to be used to measure progress towards meeting the annual goal during the period beginning with the placement and ending with the next scheduled review by the CSE. 8 NYCRR § 200.4(d)(2)(iii)(c) 

• The CSE will consider whether the student is eligible for an Extended School Year (ESY), which occurs during a 6-week summer period between July and August. A student is eligible for ESY if it is needed to prevent substantial regression over the summer months (has been interpreted as taking 8-weeks or more to re-learn the subject curriculum). ESY services are typically provided at a less frequency than what is provided to the student during the school year. (e.g., Speech/Language 2x per week during the summer instead of 3x a week during the school year). 

• The CSE will consider whether the student is eligible for alternate assessments rather than Districtwide or Statewide assessments. Only “severely disabled” students are eligible for alternate assessment, and the student’s IEP must explain why regular assessments are not appropriate. 

• If the CSE determines that a student has a disability, the school district must provide the special education services and program in the student’s IEP within 60 school days of receipt of the parent’s consent to evaluate the student.  

• If you disagree with the determination of the CSE/CPSE, you may file a Due Process Complaint (DPC). A DPC challenges the identification, evaluation, or placement of a student with a disability, or the provision of FAPE for the student.  

 

Review/Reevaluation 

• A student’s IEP must be reviewed at least once a year to determine if the student achieved their annual goals and whether the agreed-upon services are appropriate. 

• A student must be reevaluated at least once every three years, unless the school district and parent agree in writing that it is not needed. This is known as the student’s Reevaluation. You may also request an updated Reevaluation prior to the 3-year period if you think your child is not making sufficient progress in their current setting. 

• When seeking to declassify a student, the school district must evaluate the student and provide the evaluation report to the parents, prior to determining that a student no longer needs special education services.