Dear Members,

Due to the mandates of NCLB and IDEA legislation the NRTA feels it imperative to share some concerns we have for our membership. The IEP, Annual Reviews, Reevaluations (Triennials) and ESL evaluations are legal documents. You are indemnified by the District under Education Law Section 3811. However, you may personally be held responsible for the implementation or explanation as to why placement and/or programs were recommended as part of the CSE committee.

As we all know, we worry about our students when they are transitioning to the next level, elementary to middle, middle to high school. We want our children to receive all the programs and accommodations they had received in the past. It may very well be that the same programs do not exist at the next level but something comparable may be appropriate. The IEP is a legal document. It is crucial for the protection of the special education teachers, psychologists, school counselors, speech pathologists, other related service providers, CSE chairs and general education teachers that the IEP is written accurately. Please discuss realistically the program possibilities for the child with all parties involved.

We also are well aware of the movement to de-classify students and reduce the number of classified students and accommodations. There is truth in the philosophy that some students have out grown or no longer need the myriad of services available. There is also truth in the philosophy that some students will need accommodations throughout their entire academic career. To generate a pro-active data base that may be a protection to our members in the event of litigation the NRTA is initiating the following procedure; the North Rockland Teachers’ Association Special Education Liability Form. This will not change the outcome of a CSE but, it is meant to maintain a record of your personal and professional participation.

In the event you feel that your professional recommendations or the recommendations of the CSE committee for a child are being superseded or you feel a child’s best interest is not being served, please send pertinent information to the NRTA office. The document is attached. Please print, complete and send the document by regular mail to validate the date.

Sincerely,

Robin Brennan

NRTA President