The DoSE is required by New York State law to provide you with copies of ALL of the reports, evaluations, records and any other document BEFORE the CSE meeting begins. What this means specifically is that prior to their Chairperson calling the CSE meeting to order you are entitled to receive a copy of every document that may be referenced in the meeting. The DoSE hates this law and will do everything in their power to convince you that this is not the case. Excuses will be things like, “the law does not say that” (it does), “we have advice from counsel that we do not have to provide the documents before the meeting starts” or that right before the meeting is sufficient notice, “this is the way we always do it”, “we will go through them at the meeting anyway”, etc. Do not believe it. If they fail to provide the documents for the CSE prior to the CSE meeting, simply show up at the meeting, inform them that you want all of the documents BEFORE the meeting begin, get the documents right then and there, once you have them in hand tell them you need time to review the documents, reschedule the CSE meeting and leave.
At the CSE meeting,another waiver will very likely appear. At the CSE meeting, the DoSE will again attempt to get you to sign a waiver form just before, during, towards the end of or just after the CSE meeting. This document will be asking you to agree with the decision of the CSE on the spot before you have seen the IEP they intend to write later. NEVER sign this. Once you sign it, they can write anything into the IEP whether you like it or not and there will be nothing you can do because you already gave them what amounts to a “blank check”. In fact, the only document you are ever required to sign, beyond the request for a referral to the CSE, is when it is your first time going to the CSE. In those “initial” cases, the IEP is mailed to the parents after the CSE meeting; the parents must sign the IEP and return it for it to be considered “finalized” and thus valid. It is not necessary for parents to sign subsequent IEPs. In other words, there is never, ever any reason for you to sign a document that is presented to you at a meeting. Period.
As the operative assumption of the District at all times is that you are going to sue them somehow, come to the CSE meeting with lots of pens and paper and a recording device. You are entitled to make an audio recording of the CSE meeting. If you make a recording the District will also want to make a recording. To avoid delays while they look for a machine, provide prior notice of your intent to record the meeting so they can bring a machine with them. Take detailed notes: who is talking, what they said and the time – the more detailed the better – write down the points of agreement at the meeting, also any issues that have been “tabled” and any points of disagreement. Having two people at the meeting – one asking questions and other taking notes is a good idea. Do not hesitate to ask the CSE to slow down or back up so you can clarify a remark or otherwise better capture notes.
