December 2005

TO:	District Superintendents
	Superintendent of Schools
	Presidents of Boards of Education
	Superintendents of State-Operated and State-Supported Schools
	Executive Directors of Approved Private Schools
	New York City Board of Education
	Organizations, Parents and Individuals Concerned with Special Education
	Commissioner's Advisory Panel for Special Education Services
	SETRC Project Directors and Professional Development Specialists
	Regional School Support Centers
	Impartial Hearing Officers
	Mediators
	Other State Agencies
FROM:	James P. DeLorenzo

SUBJECT:	New Requirements for Special Education Programs and Services: Amendments to State Regulations to Implement the Individuals with Disabilities Education Act of 2004 - PDF (276 KB)

The Board of Regents, at their December 2005 meeting, approved the permanent adoption of amendments to the Regulations of the Commissioner of Education to conform to the Individuals with Disabilities Education Act (IDEA) of 2004 and Chapter 352 of the Laws of 2005. These regulations, which are currently effective as emergency regulations, become permanently effective on December 29, 2005.

IDEA 2004 represents landmark legislation that focuses on improving the academic and functional outcomes for students with disabilities. New York State (NYS) has taken timely action to ensure that our State laws and regulations are clear regarding school districts' responsibilities to implement the federal law, including its requirements to:

ensure timely and appropriate evaluations, eligibility determinations and services to students with disabilities, including children who are highly mobile, wards of the State and homeless youth;
promote the use of high quality, research-based instruction for students with disabilities;
promote less adversarial mechanisms for dispute resolution;
focus resources on teaching and learning and provide procedural relief to the committees on special education process; and
provide procedural protections for students with disabilities subject to discipline.

This memorandum summarizes the amendments to the regulations that were adopted at the December Regents meeting. A copy of the amendments may be found at http://www.p12.nysed.gov/specialed/idea/revisedterms905.htm. Parts 200 and 201 of the Commissioner’s Regulations with the amendments incorporated may be found at: http://www.p12.nysed.gov/specialed/publications/lawsregs/part200.htm.

The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has planned a series of regional information sessions on these new requirements beginning in spring 2006. Additional changes to State law and regulations will be necessary when the federal regulations are adopted. Meanwhile, as additional information or guidance becomes available from the U.S. Department of Education, we will post this information on the Department's web site: http://www.p12.nysed.gov/specialed/idea/

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:

Central Regional Office	(315) 428-3287
Eastern Regional Office	(518) 486-6366
Hudson Valley Regional Office	(914) 245-0010
Long Island Regional Office	(631) 884-8530
New York City Regional Office	(718) 722-4544
Western Regional Office	(585) 344-2002

AMENDMENTS TO PARTS 200 AND 201 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION TO IMPLEMENT IDEA 2004

TABLE OF CONTENTS

PART 200

STUDENTS WITH DISABILITIES

PART 201

PROCEDURAL SAFEGUARDS FOR STUDENTS WITH DISABILITIES SUBJECT TO DISCIPLINE