IEP Modifications in New York: Accommodations vs. Modifications

What is the difference between accommodations and modifications in a New York IEP?

New York State requires the IEP to include a statement of program modifications and supplementary aids and services to be provided to the student, or on behalf of the student, to enable advancement toward attaining annual goals, involvement and progress in the general education curriculum, participation in extracurricular and nonacademic activities, and education and participation with nondisabled students (8 NYCRR §200.4(d)(2)(v); 34 CFR §300.320(a)(4)). The IEP must also document supports for school personnel on behalf of the student, meaning that prior to implementation, supplementary school personnel (teacher aides and teaching assistants), other providers, and support staff must be informed of their responsibilities to implement the IEP recommendations, including specific accommodations, program modifications, supports, and services (8 NYCRR §200.4(e)(3)). Supplementary aids and services are defined as aids, services, and other supports provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings to enable students with disabilities to be educated with nondisabled peers to the maximum extent appropriate (8 NYCRR §200.1(bbb)). New York provides a continuum of special education services under 8 NYCRR §200.6, which the CSE must consider when making placement recommendations. School-age service delivery options include consultant teacher services (direct and/or indirect services, minimum 2 hours per week per student, maximum caseload of 20 students) (8 NYCRR §200.6(d)), integrated co-teaching services (maximum 12 students with disabilities per class, requiring both a special education and general education teacher) (8 NYCRR §200.6(g)), resource room programs (minimum 3 hours per week per student, not exceeding 50% of the school day, maximum 5 students per group) (8 NYCRR §200.6(f)), and special classes with varying student-to-staff ratios based on management needs (8 NYCRR §200.6(h)(4)). Special class maximum sizes include 15 students for general special classes, 12 students for intensive management needs with supplementary personnel, 8 students for intensive management needs requiring significant individualized attention (8:1+1), 6 students for highly intensive management needs requiring a high degree of individualized attention (6:1+1), and 12 students for severe multiple disabilities with a 3:1 student-to-staff ratio (8 NYCRR §200.6(h)(4)). The chronological age range within a special class may not exceed 36 months for students under age 16 (8 NYCRR §200.6(h)(5)). Service delivery recommendations must specify class size ratios, language of instruction, group versus individual delivery, frequency, duration, location, and projected beginning date (NYSED IEP Form Directions).