The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
If you are a parent in need of help for a child with a disability, please email us at specialedlaw@mac.com, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Thursday, December 8, 2011
OSEP comments on CSE composition
The composition of the CSE is oftentimes questionable. Some school districts – e.g. New York City – will oftentimes convene meetings without including those individuals that have the best knowledge of the child. OSEP recently issued a policy letter in which they stated that “if a child with a disability has an identified need for related services, it would be appropriate for the related services personnel to attend the meeting.” Furthermore, “[i]f the child’s disability is a speech impairment and the only service the child receives is speech-language pathology, and speech-language pathology is also considered special education rather than a related service under State standards, then the special education provider on the IEP Team for the child should be the speech-language pathologist …OSEP believes that it is critically important to the provision of FAPE that the public agency require individuals to attend IEP Team meetings who are in the best position to address the educational program for, and the unique needs of, each child with a disability … OSEP expects that each public agency will ensure that each child’s IEP Team is composed of persons knowledgeable about the child and the child’s full range of educational needs, including the amount and type of special education and related services that the child needs in order to receive FAPE.”
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