Special Education

Proposed Amendent of Section 200.5(b)(1) of the Regulations of the Commissioner of Education Relating to Parental Consent for Initial Provision of Special Education Services in a 12-Month Special Service and/or Program

The New York State Education Department’s (NYSED) P-12: Office of Special Education is seeking public comment on the proposed amendment of section 200.5 of the Regulations of the Commissioner of Educationpdf document relating to parental consent for initial provision of special education services and programs during the months of July and August (i.e., 12-month special service and/or program). 

The proposed amendment conforms the Regulations of the Commissioner of Education to Chapter 56 of the Laws of 2014, which became effective March 31, 2014.  Chapter 56 amended Education Law section 4402(2)(a) to repeal the requirement for parental consent prior to the initial provision of special education services and programs to a student with a disability during the months of July and August.

A Notice of Proposed Rule Making will be published in the State Register on May 7, 2014.  It is anticipated that the proposed amendment will be submitted to the Board of Regents for action at the July 2014 meeting with a proposed effective date of July 30, 2014.

Written comments on the proposed amendment pdf document will be accepted for 45 days after its May 7, 2014 publication in the New York State Register (comments must be received on or before June 23, 2014) and may be submitted to:  James P. DeLorenzo, Assistant Commissioner, P-12: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY 12234, Attention: Proposed Amendment – Section 200.5 (email: spedpubliccomment@nysed.gov; facsimile: (518) 473-5387). 

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

Last Updated: May 8, 2014