4321.9 - Declassification of Students with Disabilities


Adoption Date: 3/13/2019
4000 - Instruction

4321.9 Declassification of Students with Disabilities

The Board of Education recognizes that it may be appropriate to declassify some students with disabilities. A student may mature and develop skills such that he/she no longer requires the special program, support services or accommodations offered by an Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Services Plan (SP). The Committee on Special Education (CSE), the CSE Subcommittee or, the Committee on Preschool Special Education (CPSE), as applicable, is responsible for making this judgment, while adhering to the requirements of federal and state law and regulation.  

Prior to determining that a student is no longer eligible for special education services and should be placed in a full-time regular education program, the CSE, CSE subcommittee, or CPSE, as applicable, will conduct a declassification evaluation of the student in accordance with the process and procedures prescribed for the evaluation and reevaluation of students with disabilities, by applicable law and regulations. However, the CSE, CSE subcommittee, or CPSE members may determine after reviewing existing evaluation data that no additional information, beyond a record review, is needed to determine the student’s continued eligibility for services.

When a determination is made that no additional data is needed for reviewing a student’s continued eligibility for special education services, the CSE, CSE subcommittee, or CPSE Chairperson, as applicable, will notify the student’s parents/guardians of that determination and the reasons for it, and of their right to nonetheless request an assessment. Unless the student’s parents/guardians make such a request, the District will not conduct any further assessments.

The District will provide the student’s parents/guardians with a copy of the reevaluation report and documentation regarding the eligibility determination.

Graduation/Aging Out
Consistent with applicable law and regulation, the District will not conduct a declassification evaluation if the reason why a student is determined to be ineligible for special education services is that he or she has either:
1.  graduated with a regular high school or Regents diploma; or
2.  exceeded the age of eligibility for services.

However, in such an instance the District will provide the student with a summary of his or her academic achievement and functional performance that also includes recommendations on how to assist the student in meeting his or her post-secondary goals.

Declassification Support Services
It is the goal of the Board of Education to provide an opportunity for the student to succeed in the transition to the regular education program. In order to facilitate that success, the CSE/CPSE may offer educational and support services for a period of time, not to exceed one year. Declassification support services may include:
1.  For the student, psychological services, social work services, speech and language improvement services, non-career counseling, and other appropriate support services.
2.  For the student’s teachers, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.
3.  For the student, continued testing accommodations, as reflected on the student’s declassification document, for the remainder of his or her public high school education.

The CSE/CPSE will ensure that the appropriate teachers and service providers are informed of the need for the transition services, and will specify the nature and duration of those services.

Policy Cross References:
4321 – Programs for Students with Disabilities under the IDEA and New York’s Education Law Article 89

Ref:   8 NYCRR §§ 100.1(q); 200.2(b)(8); 200.4(b)(4-6), (c)(3)