Special Education

2014 Legislative Changes Affecting Special Education

February 2015

SPECIAL EDUCATION FIELD ADVISORY

From: James P. DeLorenzo
Subject: 2014 Legislative Changes Affecting Special Education
PDF Version: Special Ed Field Advisory: 2014 Legislative Changes Affecting Special Education PDF document (236 KB)

This memorandum provides information on amendments made to New York State Education Law, pursuant to Chapter 434 of the Laws of 2014, regarding special education parental notification requirements upon a student’s entry into school. Section 4402 of the Education Law is amended by adding a new subdivision, effective July 1, 2015, requiring public schools to notify every parent of their rights regarding referral and evaluation of their child for the purposes of special education services or programs upon their child’s enrollment in public school.

Attached (posted below) is information on this change which includes the legal citation(s), a summary of the changes, an effective date, and the corresponding statutory language.

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, 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

INFORMATION ABOUT SPECIAL EDUCATION UPON ENTRY TO SCHOOL
Chapter 434 of the Laws of 2014

Statute: Section 4402
Effective Date: July 1, 2015
Summary:

This amendment requires school districts to notify every parent or person in parental relation of their rights regarding the referral and evaluation of their child for the purposes of special education services or programs. This notification shall be provided to the parents of all students in the district (with and without disabilities) upon their child’s entry into public school. Districts may provide this information to parents by directing them to A Parent’s Guide to Special Education on the New York State Education Department’s (NYSED’s) web site, provided that the district includes the name and contact information of the district’s Committee on Special Education chairperson or other appropriate special education administrator. NYSED’s A Parent’s Guide to Special Education is available in both EnglishPDF (533 KB) and Spanish.

Statute: Chapter 434 of the Laws of 2014

Section 1. Section 4402 of the education law is amended by adding a new subdivision 8 to read as follows:

8. Upon their child's enrollment or attendance in a public school, such school shall notify every parent or person in parental relation of their rights regarding referral and evaluation of their child for the purposes of special education services or programs pursuant to applicable federal and state laws. Such notification may be provided by directing parents or persons in parental relation to obtain information located on the department's website relating to a parent's guide to special education in New York state for children ages three through twenty-one provided the notification shall also contain the name and contact information for the chairperson of the school district's committee on special education or other individual who is charged with processing referrals to the committee in the district.

§ 2. This act shall take effect July 1, 2015. Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of this act on its effective date are authorized to be made on or before such date.

Last Updated: February 5, 2015