What's new in special education
Update to DOE Compliance Assurance Plan issued
On May 29, 2024, the New York State Education Department’s Office of Special Education issued an update to the NYC Department of Education Compliance Assurance Plan (CAP). This update addresses three topics covered in the original CAP: provision of free, appropriate public education (FAPE) to preschool students with disabilities, provision of FAPE for school-age students with disabilities, and affording students with disabilities and their parents the rights and procedural safeguards required by federal and state laws and regulations. Each section summarizes the actions taken to date and the achievement of measurable goals by the DOE, along with continuing oversight and monitoring that will be conducted by NYSED and most importantly, NYSED’s expectations for full resolution of the outstanding issues.
DOE creates new division to support students with disabilities and multilingual learners
The Division of Inclusive and Accessible Learning (DIAL) will be dedicated to creating an educational environment to recognize, uplift and support the diverse needs of all students to ensure each child has the opportunity to succeed, said DOE officials. The new division will be lead by the Deputy Chancellor of Inclusive and Accessible Learning, a newly-created position in the DOE. Read more »
State guidance on co-teaching in integrated ENL classrooms
Topic Briefs About Integrated Co-teaching in the English as a New Language Classroom (NYSED Office of Bilingual Education and World Languages, April 2024) is not your typical state guidance on an important and timely topic. In addition to defining co-teaching in an integrated ENL class is (a class with a certified English to Speakers of Other Languages teacher and a K-5 classroom teacher or 6-12 content area teacher co-delivering instruction with the intention of meeting both content and English language and literacy goals simultaneously), it clearly explains what it is not: an opportunity for the grade or content teacher to have a teaching assistant, translator, roaming teacher or someone who teaches skills or content not aligned with curricular goals for all students. The brief unequivocally states, “there is no co-teaching unless lessons are collaboratively planned and implemented” and clearly explains that co-teachers must be free to select pedagogical models based on instructional content, student needs and each co-teacher’s style of teaching, There are eight briefs in total, with one devoted exclusively to the role of school administrators. If you serve students with ENL needs, the briefs are definitely worth a look.
Federal guidance on assistive technology requirements
The U.S. Department of Education recently issued guidance to increase understanding of the Individuals with Disabilities Education Act’s (IDEA’s) assistive technology (AT) requirements, dispel common misconceptions regarding AT, and provide examples of AT devices and services for children with disabilities. Titled Myths and Facts Surrounding Assistive Technology Devices and Services, the guidance reminds educators and families that assistive technology must be considered any time the IEP team meets to develop, review, or revise a student’s Individualized Education Program (IEP). Evidence shows that AT not only lowers the impact of disability for many students but also increases motivation and engagement.
Special Education Advisory Council report released
In December 2022, Chancellor Banks announced plans to convene a Special Education Advisory Council to "reimagine special education in NYC." The goals were to 1) support the design of a long-term vision for special education, 2) gather information on student and family experiences to inform planning, 3) make recommendations for improving special education, and, 4) build awareness of special education programs and services. The council released their report, Reimagining Special Education, in Jan. 2024.
Guide on language to use when speaking about students with IEPs
In Jan. 2024, the DOE’s Office of Special Education announced the Inclusive & Interdependent Language Initiative and released Say This, Not This!, a glossary of terminology “designed to promote equity, interdependence, and belonging.” Recognizing that individuals with disabilities may prefer other terms and that regulatory language may differ from the glossary’s recommendations, the guide advises that the individual preference of the person with a disability should be honored.
NYSED issues new guidance regarding the right of English Language Learners (ELLs) who are students with disabilities to receive services under Part 154 and federal civil rights law.
The new guidance is a “must-read” for school professionals who work with ELLs with disabilities. Among other issues, the guidance clarifies that: 1) there is no minimum period that must pass prior to evaluating a newly enrolled ELL for special education services, and 2) ELLs with disabilities may only be declassified from ELL status if the student scores at the Commanding level on the NYSESLAT or scores on the Expanding level on the NYSESLAT and attains a proficient score on the annual ELA exam. IEP teams have no role in the declassification decision and cannot exempt ELLs with disabilities from the NYSESLAT or from bilingual education or ENL programs.