Special Education

Proposed Amendment of the Regulations of the Commissioner of Education Relating to Chapter 501 of the Laws of 2012 (“Protection of People with Special Needs Act”)


The New York State Education Department proposes to amend sections 200.7 and 200.15 of the Regulations of the Commissioner of Education relating to Chapter 501 of the Laws of 2012 (“Protection of People with Special Needs Act”). The proposed amendment would conform State regulations to Chapter 501, which enacts into law various provisions of legislation for the protection of people with special needs, and the regulations, guidelines and procedures established by the Justice Center.

To ensure that the requirements of Chapter 501 are fully implemented by the Department, residential schools, and other affected parties by the June 30, 2013 effective date of the statute, and thereby ensure that students attending residential schools are protected against abuse, neglect and significant incidents that may jeopardize their health, safety and welfare, the proposed rule was adopted through emergency action of the Board of Regents at their June meeting, effective June 30, 2013. It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the September 16-17, 2013 Regents meeting, after publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013 and expiration of a 45-day public comment period on August 26, 2013. The text of the proposed amendment and the Board of Regents item relating to the emergency adoption are available at http://www.regents.nysed.gov/meetings/2013Meetings/June2013/613p12a2.pdf.

Written comments word document (48 KB) regarding the proposed amendment must be received by the State Education Department on or before August 26, 2013 and should be submitted to James P. DeLorenzo, Assistant Commissioner, Office of P-12 Education: Office of Special Education, 89 Washington Avenue, Room 309 EB, Albany, NY 12234, Attention: Public Comment – Sections 200.7 and 200.15 (email: spedpubliccomment@mail.nysed.gov). The Public Comment Submission Sheet word document (48 KB) should be used for providing written comment.

Last Updated: June 18, 2013