Produced by New York Congress of Parents and Teachers, Inc. (NYS PTA) and New York State United Teachers (NYSUT)

All Students Can Learn

Every child can learn. Across New York State, children with disabilities are learning and achieving at unprecedented levels. Some children with disabilities need special education programs and services or other supports to help them learn. The Federal Individuals with Disabilities Education Act (IDEA) establishes a prominent and active role for parents and teachers in planning and implementing educational programs for eligible students with disabilities. Parents and teachers, working collaboratively with other school staff, play critical roles in helping students become contributing individuals in adult society.

Sometimes special education policies and procedures can seem overwhelming to parents, teachers and school personnel. Take heart: The information provided in this guide can help you participate meaningfully in a child's educational program.

General Information

A student with a disability has a mental, physical or emotional impairment that affects his or her educational performance and requires special services and programs. In New York State, special education is provided for preschool students (ages 3 to 5) and school-aged children (ages 5 through 21.) For school-age children, disabilities that may require special education services include autism, deafness, deaf-blindness, emotional disturbance, hearing impairment, learning disability, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, speech or language impairment, traumatic brain injury, or visual impairment (including blindness).

Federal and state education laws require each school district to provide students with a "free and appropriate public education" (FAPE) based upon their unique needs.

Each board of education must establish two committees:

• Committee on Preschool Special Education (CPSE) for children ages 3-5; and
• Committee on Special Education (CSE) for students ages 5-21.

When a parent or teacher believes a child might benefit from special education, the district's committee plays an important role. It reviews referrals from parents and teachers, arranges for student evaluations, and reviews the results. In consultation with the student's parents, the committee makes recommendations about a student's need for special education and an individualized education program (IEP). In addition, the committee must review, at least annually, the student's IEP and arrange for a re-evaluation of the student at least once every three years.

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New York State Parent–Teachers Association. Recognizing that every child deserves excellence in education and in quality of life, the New York State Parent–Teachers Association’s obligation is to maintain its commitment and service to all children and to its diverse membership through increased parent and community awareness, advocacy, education, and involvement. With more than 395,000 members statewide in over 1600 local units and councils in 16 districts. Members include parents, teachers, students, and other child advocates.

New York State United Teachers is a federation of more than 900 local unions representing nearly 480,000 people who work in, or are retired from, New York's schools, colleges, and healthcare facilities. The NYSUT membership includes classroom teachers, college and university faculty and professional staff, school bus drivers, custodians, secretaries, cafeteria workers, teacher assistants and aides, nurses, psychologists and healthcare technicians.

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