Special Education

Proposed Amendment of Sections 200.2 through 200.5 to Conform the Regulations of the Commissioner of Education

Proposed Amendment of Sections 200.2 through 200.5 to Conform the Regulations of the Commissioner of Education Relating to Membership of the Committee on Special Education and Teacher Access to Students’ Individualized Education Programs

The New York State Education Department’s (NYSED) P-12: Office of Special Education has scheduled three public hearings to seek public comment on proposed amendment to Part 200 of the Regulations of the Commissioner of Education relating to special education programs and services for students with disabilities.  The proposed amendment is necessary to conform the Regulations of the Commissioner of Education to Chapters 276 and 279 of the Laws of 2012, relating to, respectively, the additional parent member of a committee on special education (CSE) and authorizing electronic access to students’ individualized education programs (IEP).

Chapter 276 provides that the additional parent member of the CSE would be a required member of the CSE if requested by the parent, student or district in writing at least 72 hours prior to the meeting.  The law further requires that parents receive proper written notice of their right to have an additional parent member attend any CSE meeting along with a statement, prepared by NYSED, explaining the role of having the additional parent attend the meeting.  Chapter 279 allows school districts the option of giving teachers, related service providers and other service providers access to a student’s IEP electronically.  If the school district’s policy provides that a student’s IEP is to be accessed electronically, the policy must also ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access such IEP electronically.

The proposed amendment will be discussed at the October 9-10, 2012 Board of Regents meeting.  It is anticipated that the proposed amendment will be submitted for action by the Board of Regents at their December 10-11, 2012 meeting with a proposed effective date of January 2, 2013. Additional information regarding the proposed amendment will be available on the Board of Regents website (http://www.regents.nysed.gov/meetings/) following the October meeting.

Written comments on the proposed amendment will be accepted for 45 days after its September 26, 2012 publication in the New York State Register (comments must be received by November 13, 2012) and may be submitted to:  James P. DeLorenzo, Assistant Commissioner, P-12: Office of Special Education, New York State Education Department, 89 Washington Avenue, Room 309 EB, Albany, NY  12234, Attention:  Public Comment - Proposed Regulations.  Comments may also be faxed to 518-473-5387 or emailed to: spedpubliccomment@mail.nysed.gov.

Written public comment regarding the proposed regulations should be provided using the Public Comment Submission Sheet.

The public hearing sessions are scheduled as follows:

  Albany Leroy* New York City*
Date October 24, 2012 October 24, 2012 October 24, 2012
Time 3:00 p.m. – 5:00 p.m. 3:00 p.m. – 5:00 p.m. 3:00 p.m. – 5:00 p.m.
Location New York State Education Department
Education Building
Seminar Room 5A/B Albany, New York 12234

Room Capacity: 70 (approx.)
http://ogs.ny.gov/BU/BA/Parking/Visitor/ external link

Genesee Valley BOCES
Leroy Service Center
80 Munson Street
Conference Room C Leroy, NY 14482

Room Capacity: 50 (approx.)
Directions: http://www.gvboces.org/directions.cfmexternal link
Shirley A. Chisholm State Office Building
55 Hanson Place
Room 1069
Brooklyn, NY 11217

Room Capacity: 50 (approx.)
Directions: http://www.acces.nysed.gov/vr/brooklyn/directions.htm

* The Leroy and New York City public hearings will be conducted by videoconference.

  • Pre-registration is not required. 
  • The meeting rooms are accessible to individuals with disabilities. Individuals who need accommodations for a disability in order to attend the meeting (i.e., interpreting services and/or material in an alternative format) should notify the Office of Special Education at (518) 473-2878 no later than two weeks before the scheduled meeting date. 
  • You must bring photo identification and follow sign-in procedures, which may include a security scanning, as required at the door.
  • Individuals may register to provide comment at the door on a first-come, first-served basis.  Comments can be oral or written.  Written comments that accompany oral remarks are optional.
  • Participants wishing to provide comment between 4:45 p.m. and 5:00 p.m. must arrive and register no later than 4:45 p.m.
  • Please check the following website prior to the meeting dates for additional information and any changes regarding these meetings:  http://www.p12.nysed.gov/specialed/timely.htm
  • Questions regarding the public hearings or the proposed regulations may be directed to Alison Conners or Suzanne Corey at (518) 473-2878.


Last Updated: September 21, 2012