THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

P120FFICE OF SPECIAL EOUCATION

SPECIAL EOUCATION QUAlITY ASSURANCE, New Yor,k City Regional Office
55 Hanson Place, Room 545, Brooklyn, NY 112171580
Tel. (718) 722-4544, Fax (718) 7222032
www.p12.nysed.gov/specialedJ
March 28, 2014
Mr. John Elfrank-Dana
U FT Chapter Leader
411 Pearl Street
y 10038
Ms. Debra Maldonado, Cluster Leader
New York City Department of Education
131 Livingston Street, Room 210
Brooklyn, NY 11201
Dear Mr. Elfrank-Dana, Ms. Bradbury and Ms. Maldonado:
The New York State Education Department (NYSED) has completed its investi-
gation of the State complaint filed by 10 members of the Instructional Support Staff
(ISS) of the Murry Bergtraum High School on January 28, 2014, alleging violations of
federal and State laws and regulations pertaining to the education of students with disa-
bilities, enrolled at the school.
Enclosed is NYSED's written final decision that addresses each allegation in the
d' _s of fa a d co clus'o s: a d sets forth e easo .
Upon any finding of failure to provide appropriate services to an individual stu-
dent with a disability, Murry Bergtraum High School must take the identified correction
to remediate the denial of services to the identified student and take appropriate actions
to ensure the appropriate future provision of services for all students with disabilities.
The implementation of the enclosed Compliance Assurance Plan (CAP) will be
monitored by Regional Associate Malvice Jefferson. All CAP submissions should be
sent to Dr. Jefferson, who is assigned to work with Cluster 5.
For additional information on State complaint procedures, see:
http://www.p12.nysed.gov/specialed/guality/complaintga.htm .
If you have any questions regarding NYSED's decision in this matter, please con-
tact me at the number listed above.
Sincerely,
/
~
.
Grace Talbot
Regional Associate
so
Nayana h a t t a c h a ~ e e
Malvice Jefferson
Corinne Rello-Anselmi
Amy Jones
Steven Albert
Lynn Kandrac
Gerard Beirne
Niobe Hayes
Lottie Almonte
File
FindingsofComplaintInvestigation
Statecompla,intagainst:TheNewYorkCityDepartmentofEducation's
MurryBergtraumHighSchool
Complainant'sName: Mr.JohnElfrank- Dana, receivedJanuary28, 2014
Allegation#1:
Murry Bergtraum High School failed to provide Integrated Collaborative Teaching (ICT)
s de ts . disabilitiesas pertheirIndividualized EducationProgram(IEP
_.... __ -e
--- ..,.....:: -
... ered , e Fa 2':J sc..... :e""'" as
-0ca:eo e schools 2013 Term 1-ICT Courses' list. Each course secti on
rndl cates the subject and section of the ICT class, the general education and
special education teachers assigned to the class, the number of general
education students and students with disabilities listed in the class roster, the
number ofthe room where the class is offered and the number of periods per
week, the classis offered.
According to the roster of students with Individualized Education Programs
(IEPs) that lists the name of the student, the IEP recommended ICT services
includingthe subjectand the numberofperiods recommended, 99 studentswere
recommended to receive Integrated CollaborativeTeaching (ICT) servicesforthe
Fall2013schoolterm.
A review ofthe recommended special education programs and services on the
students' IEPs for the 99 students and the roster revealed thatforsixstudents,
the programs listed on the roster do not match their IEP recommended ICT
servces
Ea- s e s assigned a program card WhIch liss ne curse e. se c
number, course name, teacher's name/s, room number, and cycle day which
indicateshowmanydaystheserviceswi Ibe offered.
A review ofthe individual student program cards revealed that for 84 out of99
students the ICT programs scheduled for the individual students did not
correspond to the ICT recommendations listed in the roster of students with
disabilities. The discrepancies were noted in the areas ofsubjects and courses
assigned.
A review of the "2013 Term 1 - ICT Courses" list indicated that there is one
course section with no teacher assigned, one course section with only the
general education teacher assigned, three course sections with one teacher's
name listed for both "Touched by an IEP"(special education teacher) and "Gen
Ed" (generaleducationteacher).
Administrative and staff Interviews confirmed that teachers assigned to ICT
coursesforthe Fall 2013 school term wereoften providing instruction to students
withoutaco- teacher.
egation#1: Conclusion and Reasons
s eaetermnatlo ofthis Offi ce thatthe MurryBergtraum High ScnoolIS I c,at0""
ofSection 200.6(g)(2) Ofthe Regulations ofthe CommissionerofEducation, since one
course section has oneteacheridentified as both the special educationteacherand the
general education teacher which is contrary to the regulatory requirements that
mandate each class mustinclude, aspecialeducationteacherand ageneraleducation
teacher.
FindingforAllegation#:1Sustained
Citation Language
RequiredCorrectiveAction#1
200.6(g)(2)
Allegation# 1
School personnel assigned to each class shall minimally include a
special educationteacherand ageneraleducationteacher.
s e : a .J sa . s a
specIfi ed on the students rEP to be necessary u
unique needs.
ComplianceAssurancePlan
Citation200.6(g)(2), 200.6(a)(2)
Murry Bergtraum High School must submit evidence that all students with disabilities
recommended to receive ICT services are programmed in accordance with the
recommendations intheirIEPs.
Murry Bergtraum High School must also ensure that each ICT Course Section is
assigned ageneraleducationteacherand aspecial educationteacher.
By April 25, 2014, Murry Bergtraum High School must submit the following to the
NYSEO:
ass rses
An 0 lI ne of the schoors administrative structure indicating the individuals
responsible for the accurate programming of the students as per the
recommendations oftheir IEPs. This mustalso includethe name and title ofthe
person responsible for ensuring that the student programs correspond to the
specificrecommendationsoftheirIEPs.
By May 25, 2014,the Regional Associate will determine compliance by a review ofthe
documentation submitted.
Required Corrective Action #2
The principal will ensure thatthe Committee on Special Education (CSE) convenes for
each of the 99 students with a recommendation for ICT services at Murry Bergtraum
High School for the Fall 2013 school yearto determine ifthe school's failure to provide
the ICT services recommended on their IEPs had a negative impact on their progress
and,ifso,whetheradditional servicesareneededasaresult.
By June 27, 2014 e P nCl pa II S oml 0the YSE e e ce '"' a: a
conducted, including copiesof:
All parental notices pertaining tothe IEP including the invitationsto the meetings
indicatingthe purposeofthe required IEPmeeting and the priorwritten noticesof
the resulting IEP recommendation,
All assessment data considered at the reviews and documentation ofefforts to
obtainparentalconsentto conductanynewevaluationsdeemed necessary,
AnyIEPsamended ordeveloped, and
The students'scheduleforanyadditionalservices recommended.
By July 28, 2014, the Regional Associate will determine compliance by reviewing the
documentation submitted.
Allegation #2:
Murry Bergtraum High School failed to provide Special Education Teacher Support
Services (SETSS) to forty-four students with disabilities as per their IEP
recommendation, fortheFall2013 schoolterm.
According tothe studentprogram cards, 23 ofthe42 students recommended for
SETSS were programmed for 1 period ofSETSS during the 12th period for the
Fall term of 2013. The student program cards did not indicate the days ofthe
week, roomnumberortheteacherassigned.
The student program card also indicates that 18 students recommended for
SETSSwere notprogramedforSETSSforthe Fall 2013schoolterm.
Astudentprogram card indicatesthatonlyone studentis programmed to receive
SETSS the 12th period, Monday- Friday and has a teacher assigned and room
number.
The principal of Murry Bergtraum High School, stated that due to a teacher
shortage she was unable to secure a SETSS provider for the Fall 2013 school
term.
Additionally, Murry Bergtraum High School has not yet secured teachers to
provideSETTSservicestodate.
It is the determination ofthis Officethat Murry Bergtraum High School is in violation of
Section 200.6(a)(2) ofthe Regulations ofthe Commissioner of Education, since there
was afailure to provide the students with the SETSS services as recommended on the
students' IEPs forthe Fall 2013schoolterm.
Finding for Allegation #:2 Sustained
200.6(a)(2) A student with a disability shall be provided the special education
specified on thestudent's IEPto be necessaryto meetthe student's
uniqueneeds.
ComplianceAssurancePlan
Allegation#2 Citation200.6(a), (2) 200.6(f)(1)
RequiredCorrectiveAction#1
Murry Bergtraum High School must submit evidence that all 42 students are receiving
SETSSservicesas perthe recommendationsontheirIEPs.
By April 25, 2014 Murry Bergtraum High School must submit the following to the
..... .-roy Be gtra High Schools administrative procedure for securing
recommended specialeducation serviceswhen assigned providersare on leave,
orlong term absence.
ByMay25, 2014, the Regional Associate will determine compliance by a review ofthe
documentation submitted.
RequiredCorrectiveAction#2
The principal will ensure thatthe Committee on Special Education (CSE) convenes for
eachofthe42 studentswith arecommendation forSETSS servicesatMurryBergtraum
High School for the Fall 2013 school yearto determine ifthe school's failure to provide
the SETSS services recommended on their IEPs had a negative impact on their
progressand,ifso,whetheradditionalservicesareneeded asaresult.
11 submitto the NYSED evidence that a reviewwas
All parental notices pertaining tothe IEP including the invitationstothe meetings
indicatingthepurposeofthe required IEP meeting and the priorwritten noticesof
the resulting IEP recommendation,
All assessment data considered at the reviews and documentation of efforts to
obtain parentalconsentto conductanynewevaluationsdeemed necessary,
AnyIEPsamendedordeveloped, and
Thestudents'scheduleforanyadditionalservices recommended.
By July28, 2014, the Regional Associate will determine compliance by reviewing the
documentationsubmitted.