IEP Related Services in New York

What related services can be included in an IEP in New York?

New York defines related services as developmental, corrective, and other supportive services as are required to assist a student with a disability to benefit from special education (8 NYCRR §200.1(qq); 34 CFR §300.34). The IEP must specify each related service with its frequency, duration, location, and projected beginning date (8 NYCRR §200.4(d)(2)(v); NYSED IEP Form Directions). New York recognizes the following related services: speech-language pathology, audiology services, interpreting services, psychological services, physical therapy, occupational therapy, counseling services (including rehabilitation counseling), orientation and mobility services, medical services (for diagnostic or evaluative purposes only), parent counseling and training, school health services, school nurse services, school social work, assistive technology services, appropriate access to recreation including therapeutic recreation, and other appropriate developmental or corrective support services (8 NYCRR §200.1(qq)). Parent counseling and training is specifically defined as assisting parents in understanding the special needs of their child, providing information about child development, and helping parents support IEP implementation (8 NYCRR §200.1(qq)). For preschool students, New York additionally authorizes Special Education Itinerant Teacher (SEIT) services -- an itinerant teaching service provided on a 1:1 or small-group basis in the child's natural environment or classroom setting by a certified special education teacher (8 NYCRR §200.16(i)(3)(ii)). Occupational therapy means the functional evaluation of the student and the planning and use of a program of purposeful activities to develop or maintain adaptive skills designed to achieve maximal physical and mental functioning in daily life tasks (8 NYCRR §200.1(gg)). Related service providers must hold appropriate New York State certification or licensure; speech-language pathologists must be NYS licensed and hold certification as a Teacher of Speech and Language Disabilities (8 NYCRR §200.6(b)(3); Part 80). All related services must be provided by appropriately certified or licensed professionals (8 NYCRR §200.6(b)(3)). New York imposes specific caseload and group size limits: speech-language therapy has a maximum caseload of 65 students per provider (8 NYCRR §200.6(e)(2)), and related services may be provided in groups of no more than 5 students per specialist, except that New York City may vary this by up to 50% rounded up (8 NYCRR §200.6(e)(3)). Students may be eligible for 12-month (extended school year) services including related services if they meet the criteria under 8 NYCRR §200.6(k)(1), which includes students with highly intensive management needs, severe multiple disabilities, or those who exhibit the need for a structured learning environment due to risk of substantial regression. Substantial regression is defined as a student's inability to maintain developmental levels due to loss of skills during July and August of such severity as to require an inordinate period of review to reestablish and maintain IEP goals mastered at the end of the prior school year (8 NYCRR §200.1(aaa)). The determination for 12-month services must be made annually on an individual basis by the CSE or CPSE (8 NYCRR §200.6(k)).

What New York Requires

Related services defined as developmental, corrective, and supportive services required to assist a student to benefit from special education (8 NYCRR §200.1(qq))

Each related service must specify frequency, duration, location, and projected beginning date in the IEP (8 NYCRR §200.4(d)(2)(v))

Recognized related services include speech-language pathology, audiology, interpreting, psychological services, PT, OT, counseling, orientation and mobility, medical services, parent counseling and training, school health/nurse services, social work, assistive technology, and recreation (8 NYCRR §200.1(qq))

Providers must hold appropriate NYS certification or licensure in their area of service (8 NYCRR §200.6(b)(3))

Special Education Itinerant Teacher (SEIT) services are available for preschool students, providing 1:1 or small-group instruction in the child's natural environment by a certified special education teacher (8 NYCRR §200.16(i)(3)(ii))

Speech-language therapy maximum caseload is 65 students per provider (8 NYCRR §200.6(e)(2))

Related services group size maximum is 5 students per specialist, except NYC may vary up to 50% rounded up (8 NYCRR §200.6(e)(3))

12-month (extended school year) services available for students with highly intensive management needs, severe multiple disabilities, or risk of substantial regression (8 NYCRR §200.6(k)(1))

Substantial regression means inability to maintain developmental levels due to loss of skills during July and August requiring an inordinate period of review to reestablish IEP goals (8 NYCRR §200.1(aaa))

Key Timelines

Determination for 12-month services must be made annually on an individual basis by the CSE or CPSE (8 NYCRR §200.6(k))

Related services must be reviewed at the annual CSE/CPSE review (8 NYCRR §200.4(f))

Sources

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