THE STATE EDUCATION DEPARTMENT
THE UNIVERSITY OF THE STATE OF NEW YORK
ALBANY, NY 12234
Available in PDF Format for Printing
|Superintendent of Schools|
|New York City Board of Education|
|Principals of Public Schools|
|Directors of Pupil Personnel Services|
|Directors of Special Education|
|Chairpersons of Committees on Special Education|
|Chairpersons of Committees on Preschool Special Education|
|Impartial Hearing Officers|
|Commissioner’s Advisory Panel for Special Education Services|
|Commissioner’s Advisory Panel for Nonpublic Schools|
|SETRC Professional Development Specialists|
|Regional School Support Centers|
|Organizations, Parents and Individuals Concerned with Special Education|
|From:||James P. DeLorenzo|
New Requirements for Special Education Programs and Services: Amendments to Federal Regulations to Implement the Individuals with Disabilities Education Act (IDEA 2004)
This is to inform you that the United States Department of Education (USDOE) has issued final regulations that amend Part 300 of the Code of Federal Regulations (34 CFR), which implements IDEA 2004. The amended regulations were published in the Federal Register on December 1, 2008 and became effective December 31, 2008. Effective December 31, 2008, states and school districts are required, as applicable, to implement the new requirements of the federal regulations.
The following information is a summary of the new federal requirements in effect as of December 31, 2008. A copy of the revised federal regulations is available at http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf.
Revocation of Parental Consent (§§300.9 and 300.300)
34 CFR section 300.300(b)(4) has been amended to add that if the parent of a student with a disability revokes his/her consent in writing for the continued provision of special education and related services to the student, at any time subsequent to the initial provision of special education and related services, the school district:
The definition of consent in 34 CFR section 300.9 has also been amended to add that if the parent revokes consent in writing for his/her child’s receipt of special education and related services after the child is initially provided special education and related services, the school district is not required to amend the student’s education records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.
Representation by Non-attorneys in Due Process Hearings(§300.512)
34 CFR section 300.512(a)(1) has been amended to add that the decision as to whether parties (i.e. parent and school district) have the right to be represented by non-attorneys at due process hearings is determined under state law.
State Monitoring, Technical Assistance, and Enforcement (§300.600, 300.602, and 300.606)
34 CFR section 300.600(a) has been amended to add:
34 CFR section 300.600(e) has been amended to require that, when a state identifies noncompliance with the requirements of Part B of IDEA by its LEAs, correction of noncompliance must be completed as soon as possible, but in no case later than one year after the state’s identification of the noncompliance.
34 CFR section 300.602 has been amended to require:
34 CFR section 300.606 has been amended to require states to provide public notice of any enforcement action taken by USDOE against the state and that each state’s public notice of enforcement actions must include, at a minimum, posting the notice on the state’s web site and distributing the notice to the media and through public agencies.
Allocation of Funds Under Section 611 and 619 of IDEA to LEAs That Are Not Serving Any Children With Disabilities (§§300.705 and 300.815)
34 CFR sections 300.705 and 300.815 have been amended to require each state to make a subgrant under sections 611 and 619 of IDEA to eligible LEAs, including public charter schools that operate as LEAs in the state, even if an LEA is not serving any students with disabilities. This requirement takes effect with funds that become available on July 1, 2009.
Please share this information with Directors of Special Education, Pupil Personnel Directors, Chairpersons of Committees on Special Education, Chairpersons of Committees on Preschool Special Education and other interested individuals. Questions may be directed to the Special Education Policy Unit at (518) 473-2878 or your local Special Education Quality Assurance Regional Office:
Eastern Regional Office (518) 486-6366
Western Regional Office (585) 344-2002
Hudson Valley Regional Office (518) 473-1185
Central Regional Office (315) 428-3287
Long Island Regional Office (631) 884-8530
New York City Regional Office (718) 722-4544
Nondistrict Unit (518) 473-1185