April 2009

Available in PDF Format for Printing

TO: District Superintendents
  Superintendent of Schools
  Presidents of Boards of Education
  Directors of Special Education
  Superintendents of State-Operated and State-Supported Schools
  Executive Directors of Approved Private Schools
  New York City Board of Education
  Principals of Public Schools
  Directors of Pupil Personnel Services
  Organizations, Parents and Individuals Concerned with Special Education
  Commissioner's Advisory Panel for Special Education Services
  SETRC Professional Development Specialists
  Regional School Support Centers
  Other State Agencies
FROM: James P. DeLorenzo
New Requirements for Special Education Programs and Services:  Amendment to the Regulations of the Commissioner of Education Relating to the Use of the State’s Forms for Individualized Education Programs, Meeting Notices and Prior Written Notices (Notices of Recommendation) 

This is to inform you that the Board of Regents has approved for permanent adoption the amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education relating to the use of the State’s forms for individualized education programs (IEPs), meeting notices and prior written notices (notices of recommendation).  These regulations became permanently effective on April 9, 2009. 

The amended regulations extend the initial effective date by which school districts would be required to use the forms prescribed by the Commissioner for IEPs, Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE) meeting notices and for prior written notices until  the  2011-12 school year.  A copy of the amended regulations may be found at      

The Department expects to release these forms, along with written guidance and resources for training, well in advance of the 2011-12 school year so that school districts will have sufficient time to convert its processes to use the State’s required forms.

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, CSE 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) 428-3287

Eastern Regional Office

(518) 486-6366

Hudson Valley Regional Office

(914) 245-0010

Long Island Regional Office

(631) 884-8530

New York City Regional Office

(718) 722-4544

Western Regional Office

(585) 344-2002

Nondistrict Unit

(518) 473-1185