Special Education

Chapter 56 of the Laws of 2014 relating to Parental Consent for Initial Provision of a 12-month Special Service and/or Program

May 2014

SPECIAL EDUCATION FIELD ADVISORY

From: James P. DeLorenzo

Subject: Chapter 56 of the Laws of 2014 relating to Parental Consent for Initial Provision of a 12-month Special Service and/or Program - PDF PDF document (203 KB)

Section 4402 of New York State Education Law has been amended by Chapter 56 of the Laws of 2014 to repeal the requirement that the district obtain parental consent prior to the initial provision of special education services to a student with a disability in a 12-month special service and/or program.  Effective March 31, 2014, school districts are no longer required to obtain parental consent for the initial provision of special education services and programs during the months of July and August (i.e., 12-month special service and/or program).  However, if a school district provides special education services to a student for the first time during the months of July and August and the student has not previously been identified as having a disability, parental consent must be obtained prior to the initial provision of special education to the student.  A proposed amendment to State regulations to be consistent with the requirements of Chapter 56 will be presented to the Board of Regents at the July 2014 meeting.  A copy of the full text of the relevant section of Chapter 56 is attached. 

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

Central Regional Office                (315) 428-4556
Eastern Regional Office               (518) 486-6366
Hudson Valley Regional Office     (518) 473-1185
Long Island Regional Office         (631) 952-3352
New York City Regional Office     (718) 722-4544
Western Regional Office              (585) 344-2002
Nondistrict Unit                           (518) 473-1185

Attachment – Section 16-a of Chapter 56 of the Laws of 2014


Attachment

Section 16-a of Chapter 56 of the Laws of 2014

L. 2014, Ch. 56, Part A
§ 16-a. Paragraph a of subdivision 2 of section 4402 of the  education
law,  as  amended by chapter 243 of the laws of 1989, is amended to read
as follows:
a. The board of education or trustees of each school district shall be
required to furnish suitable  educational  opportunities  for  [children
with  handicapping  conditions
] students with disabilities by one of the
special services or  programs  listed  in  subdivision  two  of  section
forty-four hundred one of this article. The need of the individual child
shall  determine which of such services shall be rendered. Each district
shall provide to the maximum  extent  appropriate  such  services  in  a
manner  which  enables  [children with handicapping conditions] students
with disabilities to participate  in  regular  education  services  when
appropriate.  Such  services  or programs shall be furnished between the
months of September and June of each year, except that for the  nineteen
hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with
respect to the students whose [handicapping conditions] disabilities are
severe enough to exhibit the need for a structured learning  environment
of twelve months duration to maintain developmental levels, the board of
education or trustees of each school district upon the recommendation of
the  committee  on  special  education  [and, in the first instance, the
consent of the  parent
]  shall  also  provide,  either  directly  or  by
contract,  for the provision of special services and programs as defined
in section forty-four hundred one of this article during the  months  of
July and August as contained in the individualized education program for
each  eligible  [childstudent, and with prior approval by the commis-
sioner if required; provided that [(i) a  student  with  a  handicapping
condition  who is first eligible to attend public school in the nineteen
hundred eighty-seven--eighty-eight school year shall not be eligible  to
receive  services  pursuant  to this paragraph during the months of July
and August nineteen hundred eighty-seven  and  (ii)  a  student  with  a
handicapping  condition who is first eligible to attend public school in
the nineteen hundred eighty-eight--eighty-nine school year shall not  be
eligible  to  receive  services  pursuant  to  this paragraph during the
months of July and August nineteen  hundred  eighty-eight  and  (iii)  a
student  with  a  handicapping  condition  who  is eligible for services
during the months of July and August nineteen hundred eighty-nine pursu-
ant to the provisions of subdivision six of section  forty-four  hundred
ten  of  this article shall not be eligible to receive services pursuant
to this paragraph during such months and (iv)]
a student with a  [handi-
capping  condition
disability  who is eligible for services, including
services during the months of  July  and  August,  pursuant  to  section
forty-four  hundred ten of this article shall not be eligible to receive
services pursuant to this  paragraph  during  the  months  of  July  and
August.

Last Updated: May 8, 2014