Definition of Special Education Services that may be provided to pupils with Disabilities in a General Education classroom to qualify for an Additional .50 Weighting
[SECTION 3602(19)(1)(b-1) OF THE EDUCATION LAW AS ADDED BY CHAPTER 405 OF THE LAWS OF 1999]
To qualify for the new integrated settings additional weighting enacted by Chapter 405 of the Laws of 1999, a student with a disability must be receiving special services or programs for 60% or more of the school day in a general education classroom with non-disabled students . For example, a student may receive special services or programs in a separate setting (such as a pull-out service) for up to 40% of the school day as long as the student receives special services or programs for a total of 60% or more of the school day in the general education classroom.
Special education programs and services specified in a student’s IEP that may be counted cumulatively to determine if a student is receiving such services for 60% or more of the school day in a general education classroom and may be claimed for the additional .50 weighting include:
Special education services provided to the claimed student pursuant to an IEP by a special education teacher or related service provider in a general education classroom.
Special education services provided to the claimed student pursuant to an IEP by a special education teacher assistant in a general education classroom, provided that such services provided by a special education teacher assistant must be under the supervision of a special education teacher. If the special education teacher assistant provides special education services for part of the school day in the general education classroom without the special education teacher being present and such service is shared by two or more pupils, the teacher assistant’s hours of service must be prorated for this purpose among each of the pupils served. For example: If four students with disabilities are receiving IEP recommended special education services in a general education classroom for 100% of the school day with a special education teacher present for 50% of the day and a special education teacher assistant providing special education services for the other 50% of the day, the total amount of eligible service for each student would be: 50% of the day for the special education teacher’s time plus 12.5% of the day for the special education teacher assistant’s time, or a total of 62.5% of the day for eligible integrated special education services. In this case, each student would meet the criteria to be claimed for the new weighting. However, given the same situation with the special education teacher present in the general education classroom for only 40% of the school day and a special education teacher assistant providing special education services for the other 60% of the day, the total amount of eligible integrated special education services would be: 40% of the day for the special education teacher’s time plus 15% of the day for the special education teacher assistant’s time, or a total of 55% of the day for eligible integrated special education services. In this case, none of the students could be claimed for the new .5 weighting.
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Related services provided to the claimed student pursuant to an IEP in a general education classroom. Team-teaching, if indicated on the claimed student’s IEP, when a special education teacher teaches in a general education classroom with a general education teacher. Shared teaching, if indicated on the claimed student’s IEP, when a group of special education teachers provide instruction in a general education classroom with no separation of disabled students from their nondisabled peers. Resource room services provided to the claimed student pursuant to an IEP in a general education classroom. Direct consultant teacher services within a general education classroom if indicated on the claimed student’s IEP, (Note: If direct consultant teacher services are claimed here, they cannot also be claimed for the .90 consultant teacher weighting.)
Indirect services by a consultant teacher to a general education classroom teacher for program planning in a general education classroom for a specific student, if indicated on the claimed student’s IEP.
One-to-one special education paraprofessional support provided to the claimed student pursuant to an IEP in a general education classroom (i.e. health, behavioral support).
Instructional lunch, if indicated on the claimed student’s IEP, and the instructional lunch occurs in the same setting with nondisabled students.
The following programs and services provided to students with disabilities may not be counted in determining whether a student is receiving special education programs or services for 60% or more of the school day in the general education classroom:
- Pull-out related services;
- Pull-out resource room;
- Segregated special class services;
- Parent training;
- Time in general education when no special education services are being delivered; or
- Any CPSE or CSE administrative activities.