Special Education

Mandate Relief - Public Comment Submission Cover Sheet

Public Comment Submission Cover Sheet - Word Word Document (103 KB)
Must be Received No Later Than July 25, 2011

MAIL TO:
New York State Education Department
Office of Special Education
89 Washington Avenue, Room 309EB
Albany, New York 12234
Attention: Public Comment – Special Education Mandate Relief Proposals

FAX TO: 518-473-5387

EMAIL TO:SPEDPUBLICCOMMENT@MAIL.NYSED.GOV

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Comment Sheet for Special Educaiton Mandate Relief Options
Submission:
Must be received no later than
July 25, 2011
Mail to:
New York State Education Department
Office of Special Education
89 Washington Avenue, Room 309EB
Albany, New York 12234
Attention: Public Comment – Special Education Mandate Relief Proposals

Fax:518-473-5387

Email: SPEDPUBLICCOMMENT@MAIL.NYSED.GOV

Committee on Special Education (CSE) Membership

Appendix B: Proposal #1

Sections of Law and/or Regulations

Conform the membership of CSE to the federal individualized education program (IEP) team membership by repealing the requirement that CSE membership must include a:
  • school psychologist;
  • parent of a student with disability; and
  • physician if requested by the school or parent 72 hours before the meeting.
Education Law §4402(1)(b)(1)(a) and (b)
8 NYCRR
§200.3(a)(1)
_ Support      _ Oppose        _ No Position            
Reasons/Recommendations

Appendix B: Requirements Relating to Proposal #1

Sections of Law and/or Regulations

Repeal requirements no longer necessary if Proposal #1 is adopted:

  • Subcommittees on Special Education
  • Meeting notice content information relating to Subcommittees
Education Law §4402(1)(b)(1)(d)
8 NYCRR
§200.3(c)
_ Support      _ Oppose        _ No Position            
Reasons/Recommendations

Committee on Preschool Special Education (CPSE)

Appendix B: Proposal #2

Sections of Law and/or Regulations

Align CPSE membership with the federal IEP team, by repealing the requirement that the CPSE membership must include an additional parent member, but continue the municipality representative until such time that the county no longer has a role in the provision or payment of special education to preschool students. Education Law§4410(3)(a)(1)
8NYCRR
§200.3(a)(2)
_ Support       _ Oppose        _No Position            
Reasons/Recommendations

Individual Evaluations

Appendix B: Proposal #3

Sections of Law and/or Regulations

Repeal the requirement that the parent selects the preschool evaluator and replace it with the requirement that the school district, after providing the parent with a list of approved evaluators, must consult with the parent regarding the selection of an evaluator that can provide a timely evaluation of the preschool child.  All school districts would be approved preschool evaluators. Education Law §4410(4)(b)
8 NYCRR
§200.16 (c)(1)
_ Support       _Oppose        _ No Position            
Reasons/Recommendations

Appendix B: Proposal #4

Sections of Law and/or Regulations

Align the preschool initial evaluation timeline to be the same as the evaluation timeline for school-age students, which is 60 calendar days. 8 NYCRR §200.16(c)(2)
_ Support       _ Oppose       _ No Position            
Reasons/Recommendations

Appendix B: Proposal #5a

Sections of Law and/or Regulations

Adopt the federal standard for initial evaluations by repealing the requirement that each initial individual evaluation of a student suspected of having a disability must include a physical examination, individual psychological evaluation, social history, observation, other appropriate evaluations and functional behavioral assessment (FBA) when behavior impedes learning.
Replace it with the federal requirement that the initial evaluation include an assessment of the student in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities.
Education Law §4402(1)(b)(3)(a)
8 NYCRR
§§200.1(aa), 200.4(b)(1)(i) – (v)
_ Support      _ Oppose       _ No Position            
Reasons/Recommendations

Appendix B: Proposal #5b

Sections of Law and/or Regulations

Repeal the requirement that establishes a process for a school psychologist to determine the need to administer an individual psychological evaluation and provide a written report when such evaluation is determined not to be necessary. (Contingent upon Proposal #5a to adopt the federal standard for individual evaluations.) Education Law §4402(1)(b)(3)(a)
8 NYCRR §200.4(b)(2)
_ Support       _ Oppose        _ No Position            
Reasons/Recommendations

Planning and Reporting Requirements

Appendix B: Proposal #6

Sections of Law and/or Regulations

Repeal the outdated requirement that the school district must provide a form to parents of certain children with disabilities who are veterans of the Vietnam War for a report to the Division of Veterans' Affairs for research purposes. Education Law §4402(1)(b)(3)(h)
Executive Law §353(15)
_Support      _ Oppose        _ No Position            
Reasons/Recommendations

Policies and Procedures

Appendix B: Proposal #7

Sections of Law and/or Regulations

Repeal the requirement for boards of education to have plans and policies for appropriate declassification of students with disabilities, while retaining the federal requirement that each student with a disability receive a reevaluation prior to a declassification recommendation. Education Law §4402(1)(b)(3)(d-2)
8 NYCRR
§200.2(b)(8)
_ Support       _ Oppose        _ No Position            
Reasons/Recommendations

Approval of Certain Early Intervention Prpgrams

Appendix B: Proposal #8

Sections of Law and/or Regulations

Repeal the requirement that the Commissioner of Education must approve the provision of early intervention services by approved preschool providers.  Transfer this responsibility to the Department of Health, which is the lead State agency for Early Intervention Services. Education Law §4403(18)
_ Support       _ Oppose      _ No Position            
Reasons/Recommendations

Commissioner's Appointment to State-Supported Schools

Appendix B: Proposal #9

Sections of Law and/or Regulations

Repeal the Commissioner of Education’s role in appointments to State-supported schools and the requirement that the State-supported school evaluate the student in addition to the evaluation conducted by the school district. Education Law
§4201
8 NYCRR §200.7(d)(1)(ii) and (iii)
_ Support       _ Oppose       _ No Position            
Reasons/Recommendations
Last Updated: June 8, 2011