Special Education

Proposed Amendment of Sections 200.16 and 200.20 of the Regulations of the Commissioner of Education Relating to Special Education Services and Programs for Preschool Children with Disabilities

The New York State Education Department’s P-12: Office of Special Education is seeking public comment on the proposed amendment of sections 200.16(c) and 200.20(b) of the Regulations of the Commissioner of Education relating to special education services and programs for preschool children with disabilities.  The proposed amendment, which implements sections 1 and 2 of Chapter 545 of the Laws of 2013, requires:

  • a committee on preschool special education to submit a written notice to the Commissioner when it places a preschool child with a disability in an approved program that also evaluated the child. 
  • the executive director of an approved preschool program, or persons assigned to perform the duties of a chief executive officer, to have a bachelor’s degree or higher in a field related to business, administration and/or education; a background related to the fiscal oversight, administration and operation of an evaluation or education program; to reside within a reasonable geographic distance from the program to ensure appropriate oversight of the day to day activities; and if paid as a full-time executive director, be employed in a full-time, full-year position and not engaged in activities that would interfere or impair the executive director’s ability to perform his or her duties, responsibilities and obligations.

The proposed amendment was approved for emergency adoption at the March 10, 2014 Board of Regents meeting.  A copy of the revised proposed amendment and the Board of Regents item, which includes a summary of revisions made to the proposed rule, are available at http://www.regents.nysed.gov/meetings/2014/March2014/314p12a4.pdf.  The emergency rule will take effect on April 17, 2014, which is the effective date of Chapter 545 of the Laws of 2013.  A Notice of Proposed Rule Making will be published in the State Register on March 26, 2014.  Public comment on the proposed amendment will be accepted for 45 days from the date of the publication.  It is anticipated that the proposed amendment will be submitted for adoption as a permanent rule at the June 2014 meeting with a proposed effective date of July 9, 2014.  Additional information regarding the proposed amendment will be available at the P-12: Office of Special Education website at http://www.p12.nysed.gov/specialed/timely.htm.

Written comments regarding the proposed amendment will be accepted for 45 days after its March 26, 2014 publication in the New York State Register (comments must be received by May 12, 2014) and may be submitted to:  James P. DeLorenzo, Assistant Commissioner, New York State Education Department, P-12: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY  12234, Attention:  Proposed Amendment – Sections 200.16 and 200.20.  Comments may also be faxed to 518-473-5387 or emailed to  spedpubliccomment@nysed.gov.

We request that written public comment regarding the proposed amendment be provided using the Public Comment Submission Sheet.

Last Updated: April 3, 2014