August 2006 

To:            District Superintendents

                  Superintendent of Schools            

                  Presidents of Boards of Education

                  New York City Board of Education                                                                     

                  Superintendents of State-Operated and State-Supported Schools

                  Executive Directors of Approved Private Schools

                  Organizations, Parents and Individuals Concerned with Special Education

                  Commissioner's Advisory Panel for Special Education Services

                  SETRC Professional Development Specialists

                  Impartial Hearing Officers

                  Mediators

From:        James P. DeLorenzo

Subject:    Conforming State Law to Meet the Requirements of the Individuals with Disabilities Education Act (IDEA) -  PDF (72KB) 

Over the past two years, to ensure compliance with the Individuals with Disabilities Education Act (IDEA) 2004 and while waiting for the federal government to issue the final regulations to implement IDEA, the New York State Legislature has enacted chapter laws with one year sunset provisions.  The most recent is Chapter 430 of the Laws of 2006, which will sunset June 30, 2007.  In order to understand the full implication of Chapter 430, you will need to consult the previous chapter bill, Chapter 352 of the Laws of 2005. A field memorandum on the implementation of Chapter 352 and the related amendments was issued in December 2005  (http://www.p12.nysed.gov/specialed/idea/requirememo.htm).   

Chapter 430 includes a few clarifying and technical amendments to the provisions of Chapter 352.  The amendments are as follows: 

• a technical amendment to section 3602-c(2-a) of Education Law relating to students parentally placed in nonpublic schools to clarify that the language requiring referral of a parentally-placed nonpublic student to the committee on special education of the school district of residence applies only to New York residents; 

• the repeal of certain data collection and reporting requirements enacted by Chapter 405 of the Laws of 1999. These data collection and reporting requirements are now required by the State Performance Plan (SPP) and were duplicative; 

• an amendment to section 4404(1)(a) of Education Law to clarify that a board of education may not commence an impartial hearing to override the refusal of a parent to consent where prohibited by federal law; and

• an amendment to section 4404(3)(a) and (b) of Education Law to clarify that a proceeding to appeal a determination of a State Review Officer (SRO), brought in either federal or State court, must commence within four months of the date the determination becomes final and binding on the parties.

Once the final federal implementing regulations are effective and necessary clarification is obtained on certain provisions of the amended IDEA, the Department will propose permanent legislation making broader changes in New York State law in response to the final federal regulations.  VESID will provide additional guidance on the implementation of IDEA after the final federal regulations are analyzed. 

To ensure dissemination to appropriate individuals within a school district, I ask Superintendents to please share this memorandum with other individuals such as Building Principals, Directors of Special Education, School Psychologists, Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE) Chairpersons, Guidance Counselors and Directors of Pupil Personnel. Questions regarding this memorandum may be directed to the Special Education Policy and Partnerships Unit at 518-473-2878 or to the Special Education Quality Assurance Office in your region:

Attachment - Chapter 430 of the Laws of 2006