NOTE: The PDF version of this document includes the State Education Department's complete guidance document.

ABOUT THE BULLETIN

The State Education Department (SED) recently issued a guidance document to the field regarding the continuum of special education services for school-age students with disabilities in Section 200.6 of the Regulations of the Commissioner of Education. The SED memorandum uses a question and answer format to address recent amendments to the regulations relating to consultant teacher services, resource room, integrated co-teaching services and a variety of other topic areas involving the provision of education programs for students with disabilities.

This Information Bulletin highlights the following topics found in the memorandum:

• The minimum time requirement when combining consultant teacher and resource room services for an individual student with a disability;
• The requirements for the new integrated co-teaching service;
• Appropriately indicating services on a student’s individualized education program (IEP);
• The inclusion of school nurse services as a related service;
• The difference among aid and services, program accommodations, and program modifications for students with disabilities;
• The identification of appropriate supports for school personnel;
• The proper listing of consultant teacher services on IEPs; and
• The roles of teacher aides and teaching assistants.

In addition, “Advice to Local Leaders” is included as well as an appendix that contains the complete SED guidance document.

If you have any questions or need further clarification about this information, please contact your NYSUT Labor Relations Specialist or NYSUT Research and Educational Services.

OVERVIEW

Effective July 1, 2007, the Board of Regents approved amendments to section 200.6 of the Regulations of the Commissioner of Education relating to the continuum of special education services. These amendments have raised questions from the field as to the definitions and related requirements for each of the special education services options. The SED has issued the attached document titled “CONTINUUM OF SPECIAL EDUCATION SERVICES FOR SCHOOL-AGE STUDENTS WITH DISABILITIES” (April 2008) to provide guidance on the continuum of special education services for school-age students with disabilities. The document does not describe the continuum of special education services options for preschool students with disabilities.

The amendments to section 200.6 of the Regulations, relating to consultant teacher, resource room and integrated co-teaching services, according to SED, were intended to support research based instructional practices and to maximize the provision of special education services for student with disabilities in classrooms with their non-disabled peers. The document is organized according to the following topic areas:

• General Information
• Consultant Teacher Services
• Resource Room Program
• Integrated Co-Teaching Services
• Special Class
• Related Services
• Teaching Assistants and Teacher Aides

The following are highlights of the guidance document.

COMBINATION OF CONSULTANT TEACHER AND RESOURCE ROOM SERVICES

The amended regulations in July 2007 changed the minimum service requirement for providing a combination of consultant teacher and resource room services for an individual student with a disability. Specifically:

Section 200.6 (d) Consultant teacher services.
…Each student with a disability requiring consultant teacher services shall receive direct and/or indirect services consistent with the student’s IEP for a minimum of two hours each week, except that the committee on special education may recommend that a student with a disability who also needs resource room services in addition to consultant teacher services, may receive a combination of such services consistent with the student’s IEP for not less than three hours each week.

Section 200.6(f) Resource room programs.
…Each student with a disability requiring a resource room program shall receive not less than three hours of instruction per week in such program except that the committee on special education may recommend that for a student with a disability who also needs consultant teacher services in addition to resource room services may receive a combination of such services consistent with the student’s IEP for not less than three hours per week.

Prior to this regulatory amendment, resource room programs recommended for a student needed to be provided for a minimum of three hours per week, and consultant teacher services two hours per week. SED indicated that it was their intent to support increased student time in the general education classrooms for many students through the combination of these two services in a reduced time requirement.

In addition, if a student is to receive both services, the IEP must specify for each service (resource room and consultant teacher) the frequency, duration and location (see Question #19).

INTEGRATED CO-TEACHING SERVICES

The SED guidance document states that “one of the fastest growing practices nationally is the provision of co-teaching.” “Integrated co-teaching services” as used in the regulations means a general education teacher and a special education teacher jointly providing instruction to a class that includes both students with and students without disabilities to meet the diverse learning needs of all students in a class. The regulations are as follows:

Section 200.6(g) A school district may include integrated co-teaching services in its continuum of services. Integrated co-teaching services means the provision of specially designed instruction and academic instruction provided to a group of students with disabilities and non-disabled students.
(1) The maximum number of students with disabilities receiving integrated co-teaching services in a class shall be determined in accordance with the students’ individual needs as recommended on their IEPs, provided that effective July 1, 2008, the number of students with disabilities in such classes shall not exceed 12 students.
(2) School personnel assigned to each class shall minimally include a special education teacher and a general education teacher.
(3) Additional personnel, including supplementary school personnel, assigned to such classes by the district, may not serve as the special education teacher pursuant to paragraph (2) of this subdivision.
It is important to note that this option, unlike other continuum options, is not required to be available for all students with disabilities. SED “strongly encourages” districts to phase this practice into its schools.

As of July 1, 2008, “the maximum number of students with disabilities that can be on the class roster of a class where integrated co-teaching services is provided is twelve. The total of twelve students includes any student with a disability in that class, regardless of whether all of the students are recommended for integrated co-teaching services. For example, if two students with disabilities in a class are recommended for resource room and related services and ten are recommended for integrated co-teaching services, there are twelve students with disabilities in that classroom. While the two students in this example may benefit incidentally from the integrated co-teaching services, their IEPs would not need to specify the integrated co-teaching services” (see Question #39).

SED notes that the determination of whether integrated co-teaching services would be an appropriate recommendation is based upon the individual needs of the student and the similarity of needs in the instructional group. Question 37 provides a listing of other factors to be considered.

There is no regulatory maximum number of non-disabled students in an integrated co-teaching class. However, the number of non-disabled students should be more than or equal to the number of students with disabilities in the class in order to ensure the level of integration intended by this program option. A Committee on Special Education (CSE) recommendation for integrated co-teaching services should consider the overall size of the class enrollment (which includes students with disabilities and non-disabled students) and the ratio of students with disabilities to non-disabled students in relation to the individual student's learning needs. An important consideration in determining the number of students with disabilities and non-disabled students on an integrated class roster is that the ratio must not result in a “de facto” segregated class which would undermine the philosophy of inclusive practices.

SED provides the following website in the guidance document for further information on co-teaching practices: www.k8accesscenter.org/index.php.

IDENTIFYING SERVICES ON THE IEP

According to the SED guidance document:

“When recommending special education services in a student's IEP, the CSE must use the special education services terms as used in the regulations, but may add clarifying terms that identify a district-specific program as long as such program meets the specifics of the regulations for that service. As examples, if the school district calls its resource room a "learning lab", then the IEP could indicate resource room (learning lab); or if the district uses the term "collaborative team teaching" to mean the same thing as "integrated co-teaching", then the IEP could indicate "integrated co-teaching (collaborative team teaching).”

In addition, according to SED, school districts are now required to use the terminology "integrated co-teaching," consistent with the regulatory requirements, so that the level of services being provided to a student is clear and consistent among school districts. New York City has used the term "collaborative team teaching" (CTT) to identify a service that meets the regulatory definition of integrated co-teaching services. While other terms, such as “blended” or “inclusion” classes have been used by other school districts, the actual services provided varied among districts (e.g., some districts used the term inclusion class to identify a class where a teaching assistant and a general education teacher were assigned). To clarify for parents that a previously recommended service means the same as integrated co-teaching, terms such as CTT, blended class or inclusion class may also be indicated in the IEP. The following is an example, according to SED, of how such a service should be listed on an IEP:

SCHOOL NURSE SERVICES AS A RELATED SERVICE

The definition of “school health services” under “Related Services” in the continuum was changed to include “school nurse services.” These are services provided by a qualified school nurse and are in addition to other health services provided by a qualified person. Any of these services are designed and intended to enable a student with a disability to receive a free appropriate public education as described in that student’s IEP.

“Related services”, as listed in Question 56 of the SED guidance document, mean developmental, corrective, and other supportive services required to assist a student with a disability.

AIDS & SERVICES, ACCOMMODATIONS, AND MODIFICATIONS

SED provided the following text in their guidance document detailing the differences between program accommodations and modifications:

“The terms program modifications, accommodations and supplementary aids and services are often used interchangeably and are documented together in the same section of the IEP, but they have different meanings requiring different considerations in the development of recommendations for individual students.
• Supplementary aids and servicesmeans aids, services and other supports to enable students with disabilities to be educated with non-disabled students to the maximum extent appropriate in the Least Restrictive Environment (LRE) (e.g., a note taker; assignment of paraprofessional staff; study guide outlines of key concepts).
• Accommodationsmean adjustments to the environment, instruction or materials (e.g., instructional materials in alternative format such as large print or Braille, fewer items on each page; extra time to complete tasks) that allow a student with a disability to access the content or complete assigned tasks. Accommodations do not alter what is being taught.
• Program modificationsmay be used to describe a change in the curriculum or measurement of learning, for example, when a student with a disability is unable to comprehend all of the content an instructor is teaching (e.g., reduced number of assignments; alternate grading system).
Supplementary aids and services, accommodations and/or program modifications can be provided in general education classes, special classes or other education-related settings, including extracurricular and non-academic settings.”

SUPPORTS FOR SCHOOL PERSONNEL

According to the SED guidance document:

“The IEP must describe the supports for school personnel that will be provided on behalf of the student in order for the student to advance toward attaining the annual goals, to be involved in and progress in the general curriculum and to participate in extracurricular and other nonacademic activities. Supports for school personnel are those that would help them to more effectively work with the student. These could include, for example, special training for a student’s teacher to meet a unique and specific need of the student. These supports for school personnel are those that are needed to meet the unique and specific needs of the student.”

Examples of supports that may be recommended by the district’s Committee on Special Education for school personnel include but are not limited to:
• Information on a specific disability and implications for instruction;
• Training in use of specific positive behavioral interventions;
• Training in the use of American Sign Language;
• Assistance with curriculum modifications;
• Behavioral consultation with school psychologist, social worker or other behavioral consultant; and/or
• Transitional support services.

CONSULTANT TEACHER (CT) SERVICES ON IEPs

The SED guidance document states that:

“If the student’s IEP indicates CT services, the IEP must specify the general education class(es) (including career and technical education classes, as appropriate) where the student will receive the services.
• If CT services are to be provided to an elementary student, the IEP should indicate the subject areas of instruction when the CT would be providing services to the student (e.g., during reading groups; during math instruction).
• If CT services are to be provided to a middle or secondary student, the IEP must specify the class subject(s) where CT will be provided (e.g., English, math, science, art, music).
• If indirect CT services are to be provided, the IEP must indicate the regular (or general) education class being taught by the teacher receiving the consultation.
The IEP should specify the type of CT services the student will receive (i.e., direct or indirect) so that it is clear to parents and educators the extent to which such services will be provided.”

TEACHER AIDES AND TEACHING ASSISTANTS

There is frequently confusion regarding the role of paraprofessionals, not only in the provision of programs and services for students with disabilities but also in meeting the need of all students in the school setting. Questions 63 and 64 of the SED guidance document provide illustrative examples to distinguish the duties of teaching assistants versus teacher aides.

A point not included in the SED guidance document is that teaching assistants must be certified by the State Education Department’s Office of Teaching Initiatives because they provide instruction in a school setting. A teacher aide does not need to be certified because an aide does not provide instruction. See NYSUT Information Bulletin “New Certification Requirements for Teaching Assistants” (#200610) for additional information on the job duties of teacher aides and teaching assistants as well as the current certification procedure.

ADVICE FOR LOCAL LEADERS

• A student’s IEP indicates the special education programs and services that must be provided in order for the student to obtain a free appropriate public education in the least restrictive environment. If a program or service is not on the IEP, then the district is not obligated to provide it.
• IEPs are developed at meetings of the Committee on Special Education or the Sub-Committee on Special Education. It is important that general education teachers, special education teachers and other instructional staff involved in program planning for a student with a disability attend these meetings.
• It is important to remember that CSE and Sub-CSE members must be provided with adequate training to carry out the functions and responsibilities of membership as required by section 200.2(b)(3) of Commissioner’s Regulations.
• While the federal Individuals with Disabilities Education Act (IDEA) Reauthorization of 2004 allows excusal of certain required members of the CSE, encourage members to report to local union leadership if excusals result in compromised or inappropriate IEPs for students with disabilities.
• Integrated co-teaching services, as a new continuum option, provides some parameters regarding the appropriate ratio of disabled to non-disabled students served in such a setting. However, regulations do not define the maximum number of non-disabled students. Local leaders need to continue to monitor this service option so that these setting are viable instructional settings and address the needs of both students with and without disabilities.
• Local leaders must be vigilant to ensure that instructional support is provided by certified teaching assistants and not teacher aides.
• Local leaders should contact your NYSUT Labor Relations Specialist if there are questions or concerns about the continuum of special education programs and services in your district.

NOTE: The PDF version of this document includes the State Education Department's complete guidance document.