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 PDF Document (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:

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

 SECTION 200.1 - DEFINITIONS

Assistive technology device

General curriculum

Homeless youth

Impartial hearing officer

Limited English proficient student

Mediator

Parent

Prior notice

Related services

School health services

Special education

Student with a learning disability

Surrogate parent

Transition services

Universal design

Ward of the State

SECTION 200.2 – BOARD OF EDUCATION RESPONSIBILITIES

Child find requirements

Data requirements

Parentally placed nonpublic private elementary and secondary school students with disabilities

Written policy – accessibility standard

Written policy – copies of individualized education programs (IEPs)

Written policy – highly qualified personnel

Written policy – districtwide assessments

BOE approval of services

Personnel development plans

SECTION 200.3 – COMMITTEES ON SPECIAL EDUCATION

General and special education teachers and related service providers

Additional parent member on the CSE

SECTION 200.4 – PROCEDURES FOR REFERRAL, EVALUATION, ELIGIBILITY DETERMINATIONS, IEP DEVELOPMENT, PLACEMENT AND REVIEW

Individual evaluation

Reevaluation

Determination of needed evaluation data

Evaluation procedures

Time period to complete the initial evaluation

Screening to determine appropriate instructional strategies

Prohibition on mandatory medication

Eligibility determinations

Summary of performance

Learning disabilities

Individualized education program (IEP)

Alternative means of meeting participation

IEP implementation

Students who transfer school districts within New York State

Students who transfer from outside of New York State

Transmittal of records for transfer students

Prohibition on mandatory medication

Annual review

SECTION 200.5 - PROCEDURAL SAFEGUARDS

Prior written notice and other required notifications

Consent

Notice of meetings

Parent participation in CSE meetings

Procedural safeguards notice

Mediation

Due process complaint notification requirements

Impartial hearings

Resolution sessions

Surrogate parents

SECTION 200.6 - CONTINUUM OF SERVICES

Interim alternative educational setting

SECTION 200.7 - PRIVATE SCHOOLS AND STATE-OPERATED OR STATE-SUPPORTED SCHOOLS

SECTION 200.14 - DAY TREATMENT PROGRAMS CERTIFIED BY THE OFFICE OF MENTAL HEALTH

SECTION 200.16 - PRESCHOOL STUDENTS WITH DISABILITIES


PART 201

PROCEDURAL SAFEGUARDS FOR STUDENTS WITH DISABILITIES SUBJECT TO DISCIPLINE

Definitions

CSE responsibilities for functional behavioral assessments and behavioral intervention plans

Manifestation determinations

Students presumed to have a disability for discipline purposes

IAES removals for illegal drugs, controlled substances, weapons and serious bodily injury

Consideration of unique circumstances

Educational services for students with disabilities during suspensions or removals

Expedited impartial hearings


 

QUESTIONS AND ANSWERS