Special Education

ATTACHMENT 4

Amendment to Section 200.2
of the Regulations of the Commissioner of Education
Effective May 16, 2002

Underlined language represents language added.
[Bracketed language] represents language repealed.

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 1604, 1709, 1950, 2503, 2554, 3602 and 4403 of the Education Law and Chapter 377 of the Laws of 2001.

1. Subdivision (b) of section 200.2 of the Regulations of the Commissioner is amended, effective May 16, 2002, by the addition of a new paragraph (10), to read as follows:

(10) establishes a plan by July 1, 2002, pursuant to sections 1604(29-a), 1709(4-a), 2503(7-a) and 2554(7-a) of the Education Law, to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability in accordance with the student’s educational needs and course selections at the same time that such materials are available to non-disabled students. For purposes of this paragraph, "alternative format" is defined as any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file. An electronic file must be compatible with at least one alternative format conversion software program that is appropriate to meet the needs of the individual student. The plan shall:

(i) ensure that the district gives a preference in the purchase of the instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;

(ii) specify, when an electronic file is provided, how the format will be accessed by students and/or how the district will convert to an accessible format;

(iii) specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the district for alternative format materials;

(iv) specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and

(v) include procedures so that when students with disabilities move into the school district during the school year, the process to obtain needed materials in alternative formats for such students is initiated without delay.

2. Paragraph (2) of subdivision (c) of section 200.2 of the Regulations of the Commissioner is amended, effective May 16, 2002, as follows:

(2) Each such plan shall include, but need not be limited to, the following:

(i) . . . .

(ii) . . . .

(iii) . . . .

(iv) . . . .

(v) . . . .

(vi) a description of how the district intends to ensure that all instructional materials to be used in the schools of the district will be made available in a usable alternative format, as such term is defined in paragraph (10) of subdivision (b) of this section, for each student with a disability at the same time as such instructional materials are available to non-disabled students. To meet this requirement, the district plan may incorporate by reference the plan established by the board of education pursuant to paragraph (10) of subdivision (b) of this section.

[(vi)] (vii) . . . .

[(vii)] (viii) . . . .

3. Section 200.2 of the Regulations of the Commissioner is amended, effective May 16, 2002, by the addition of a new subdivision (i), to read as follows:

(i) Responsibility of boards of cooperative educational services (BOCES) for ensuring the availability of instructional materials in alternative formats for students with disabilities. By July 1, 2002, each BOCES shall establish a plan to ensure that all instructional materials to be used in the programs of the BOCES are available in a usable alternative format for each student with a disability in accordance with the student’s educational needs and course selections at the same time that such materials are available to non-disabled students. For purposes of this subdivision, "alternative format" is defined as any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a student with a disability enrolled in a program of the BOCES, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file. An electronic file must be compatible with at least one alternative format conversion software program that is appropriate to meet the needs of the individual student. The plan shall:

(1) ensure that the BOCES gives a preference in the purchase of the instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;

(2) specify, when an electronic file is provided, how the format will be accessed by students and/or how the BOCES will convert to an accessible format;

(3) specify the process to be used when ordering materials to identify the needs of students enrolled in the programs of the BOCES for alternative format materials;

(4) specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and

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Last Updated: September 23, 2009