Special education compliance

What is compliance? 

In special education, compliance means adhering to the federal, state, and local laws, regulations, and policies that govern the education of students with disabilities. 

The most important law in special education is the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees children with disabilities aged 3 to 21 a Free Appropriate Public Education (FAPE) that emphasizes special education and related services and prepares them for further education, employment and independent living.  

Implementation of IDEA is supported by:

• Federal regulations and guidance from the USDOE’s Office of Special Education and Rehabilitative Services (OSERS), Office of Special Education Programs (OSEP), and Office of Civil Rights; 
• State laws and regulations and; 
• Local laws, rules and policies. 

Identifying and resolving compliance issues in NYC Public Schools

Special educators on the negotiating committee for the 2023 Memorandum of Agreement were keenly aware that these laws, rules and regulations secure the essential conditions members need to succeed in their work. They leveraged their bargaining power to obtain annual training for all school staff on special education laws and regulations and special education committees in all schools, including District 75, to proactively address special education compliance issues.

Annual Training on Special Education Laws and Regulations (MOA paragraph 29)  

The parties shall jointly create a training on special education rules and regulations, subject to approval by the Chancellor or designee. The training shall be provided to all staff each fall before or on Election Day. It shall be in-person and held at a time students are not in attendance. Staff who cannot attend the in-person training shall have access to a self-paced training.

Resources:

• Special education rules & regulations training deck
• Special education rules & regulations reference list
• Webinar on special education rules & regulations (Fall 2023)

Special Education Committees

The special education committee in your school is the place to address non-student specific special education issues. To be very clear, these are problems that can be identified from documents that are available to everyone in the building, e.g., RACLs, class schedules, table of organization or statements made at public meetings. 

Examples include: 

• ICT/special classes that are not properly staffed; 
• ICT teachers are used to provide coverage for absent teachers; 
• Special classes exceed the class size limit and no variance has been approved; 
• Programmatic paraprofessionals are not staffed or are pulled to cover absent paraprofessionals; 
• Special classes are combined for clusters, “specials” and physical education; 
• Buses arrive late and/or depart early resulting in lack of consistent instruction.

Non-student-specific special education issues that cannot be resolved at the school level should be filed as special education complaints. 

Special education complaints

The special education complaint is the way for teachers and other school personnel who work directly with the student to seek resolution of student-specific issues. Generally, these are staff members who have a role in developing or implementing the students’ IEPs. 

Examples include: 

• Programs and services are based on what’s available in the school building or budget rather students’ needs;
• ICT classes exceed the 60/40 ratio or 12 student maximum without an approved variance; 
• Parent referrals and/or professional staff member requests for referral are denied, discouraged or delayed; 
• Students who are referred are given RTI/MTSS or other general education services without convening the required meeting with the parent and the child’s teacher and memorializing a commitment to provide alternative services; 
• Behavior management and/or health paraprofessionals do not receive the required training; 
• Specialized transportation services are not available when school opens. 

Chapter leaders and members of special education committees can also use special education complaints to seek resolution of non-student-specific compliance issues that have not been successfully addressed through the special education committee process.

If your school is unable to implement a current or incoming student’s IEP due to a lack of funding, an insufficient number of students to open a class, or lack of appropriately certified staff: 

The principal must complete the Checklist for Organizing Resources (CORe) and request assistance from the B/CO. The B/CO will review the CORe and offer recommendations and resources to best meet students' needs. The central Special Education Office will review a CORe if the B/CO is unable to support the school in resolving the request for assistance.

Compliance and Initial Planning Conferences

The importance of starting the school year in compliance cannot be overstated. Use this planning guide to help you prepare for your Initial Planning Conference with your administrator or supervisor. 

If you have questions about special education requirements, contact the office of Mary Jo Ginese, Vice President at Large for Special Education by phone at 212-598-7706 or by email at mginese [at] uft [dot] org (mginese[at]uft[dot]org).