Special Education

Proposed Amendment to Regulations of the Commissioner of Education - Parental Consent for the Use of Public Benefits or Insurance

The New York State Education Department (NYSED) proposes to amend section 200.5(b) of the Regulations of the Commissioner of Education to conform to federal requirements relating to written notification and parental consent for the use of public benefits or insurance (e.g., Medicaid) to pay for services under the Individuals with Disabilities Education Act. The proposed amendment will require school districts to provide written notice to parents prior to accessing a student’s or parent’s public benefits or insurance for the first time and annually thereafter and to obtain written consent prior to accessing a student’s or parent’s public benefits or insurance for the first time. 

The proposed amendment was discussed at the April 22-23, 2013 Board of Regents meeting.  It is anticipated that the proposed amendment will be submitted for action by the Board of Regents at their June 17-18, 2013 meeting with a proposed effective date of July 3, 2013.

Written comments word document (52 KB) on the proposed amendment must be received no later than May 28, 2013 and should be submitted to: James P. DeLorenzo, Assistant Commissioner, P-12: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY 12234, Attention: Public Comment - Proposed Regulations – Parental Consent (e-mail: spedpubliccomment@mail.nysed.gov; facsimile: (518) 473-5387).  The Public Comment Submission Sheet word document (52 KB) should be used for providing written comment. 

In addition, NYSED has scheduled three public hearing sessions to receive comments on the proposed amendments. Below is the information for dates, times and locations. Further information as needed will be available on the P-12: Office of Special Education website (http://www.p12.nysed.gov/specialed/timely.htm).

The public hearing sessions are scheduled as follows:

  New York City* Albany Syracuse*
Date May 13, 2013 May 14, 2013 May 14, 2013
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 Shirley A. Chisholm State Office Building
55 Hanson Place
Room 416
Brooklyn, NY 11217
Room Capacity: 75 (approx.)
Directions: http://www.acces.nysed.gov/vr/brooklyn/directions.htm
New York State Education Department
Education Building
Seminar Room 5A/B Albany, New York 12234
Room Capacity: 70 (approx.)
New York State Education Department
Hughes State Office Building
Second Floor - Video Room
333 E. Washington St.
Syracuse, NY 13202
Room Capacity: 20 (approx)
  • The Syracuse and New York City public hearings will be conducted by videoconference.
  • Preregistration 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 P-12: 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 Joanne LaCrosse or Patti Rosa-Farleigh at (518) 473-2878.
Last Updated: April 24, 2013