Special Education

Chapter 213 of the Laws of 2013 relating to Committee on Preschool Special Education Membership

August 2013

SPECIAL EDUCATION FIELD ADVISORY

From:  James P. DeLorenzo

Subject:  Chapter 213 of the Laws of 2013 relating to Committee on Preschool Special Education Membership - PDF PDF document (210 KB)

Section 4410 of New York State Education Law has been amended, effective July 31, 2013, by Chapter 213 of the Laws of 2013 relating to committee on preschool special education (CPSE) membership.  Chapter 213 provides that the additional parent member of the CPSE would only be a required member of the CPSE meeting if requested by the parent or a member of the CPSE in writing at least 72 hours prior to the meeting.  The parents must receive proper written notice of their right to have an additional parent member attend any meeting of the CPSE along with a statement, prepared by the New York State Education Department (NYSED), explaining the role of having the additional parent attend the meeting.  An additional parent member is a parent of a child with a disability residing in the school district or a neighboring school district and whose child is enrolled in a preschool or elementary level education program.  NYSED has revised the State’s required Committee on Preschool Special Education Meeting Notice Form to include the statement.  An amendment to State regulations will be made to be consistent with the requirements of Chapter 213.  A copy of the full text of Chapter 213 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 CPSE 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 - Chapter 213 of the Laws of 2013


LAWS OF NEW YORK, 2013
CHAPTER 213

AN  ACT  to  amend  the  education  law,  in  relation  to committees on preschool special education

Became a law July 31, 2013, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and  Assembly, do enact as follows:

Section  1.  Subparagraph 1 of paragraph a of subdivision 3 of section 4410 of the education law, as amended by chapter 378 of the laws  of 2007, is amended to read as follows: (1)  Such board shall ensure that such committee is composed of at least the following members: (i) the parents  of  the  preschool  child; (ii) a regular education teacher of such child, whenever the child is or may be participating in a regular education environment; (iii) a special education teacher  of the child or, if appropriate, a special education
provider of the child; (iv) an appropriate professional employed by  the school district who is qualified to provide, or supervise the provision of, special education, who is knowledgeable about the general curriculum of the school district and the availability of preschool special  education programs  and  services and other resources in the school district and the municipality, and who shall serve as chairperson of the  committee;  (v)  an additional parent of a child with a disability who resides in the school district or a neighboring school district and whose  child is enrolled  in  a  preschool  or  elementary  level education program, provided that such parent shall not be employed  by  or  under  contract with the school district or municipality, and provided further that such additional parent  shall  not  be  a  required  member  [if] unless the parents, or a member of the committee on  preschool  special  education, request that such additional parent member [not] participate in accordance with this subparagraph; (vi) an individual who  can  interpret  the instructional implications  of  evaluation  results, provided that such individual may be the member appointed pursuant to clause  (ii),  (iii), (iv) or (vii) of this subparagraph where such individuals are determined by the  school  district  to have the knowledge and expertise to do so;
(vii) such other persons having knowledge  or  expertise  regarding  the child as  the  board  or  the  parents  shall  designate, to the extent required under federal law; and for a child in transition from  programs and services  provided  pursuant to applicable federal laws relating to early intervention services, at the request of the parent or  person  in parental relation to the child, the appropriate professional designated by the agency that has been charged  with  the  responsibility  for  the preschool child  pursuant to said applicable federal laws. In addition, the chief executive officer of the municipality of the preschool child's residence shall appoint an appropriately certified or  licensed  professional to the committee. Attendance of the appointee of the municipality shall not  be required for a quorum.  The additional parent need not be in attendance at any meeting  of  the  committee  on  preschool 

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.

CHAP. 213                          2

special education unless specifically requested in writing, at least seventy-two hours  prior to such meeting, by the parents or other person in parental relation to the student in question or a  member  of  the  committee  on preschool  special  education.    The  parents  or  persons  in parental relation of the student in question shall receive proper written  notice of  their  right  to have an additional parent attend any meeting of the committee regarding the student along with a statement, prepared by  the department,  explaining  the role of having the additional parent attend the meeting.

     § 2. This act shall take effect immediately; provided, however, that the amendments  to  subparagraph (1) of paragraph a of subdivision 3 of section 4410 of the education law made by section one of this act shall not affect  the  expiration of such subparagraph and shall be deemed to expire therewith.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

DEAN G. SKELOS                                      SHELDON SILVER
Temporary President of the Senate            Speaker of the Assembly

Last Updated: September 4, 2013