SED SealTHE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
ASSISTANT COMMISSIONER FOR SPECIAL EDUCATION
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Room 1624 One Commerce Plaza
Albany, NY 12234
Tel. (518) 473-4818
Fax (518) 402-3534

August 2004

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TO: District Superintendents
  Superintendents of Schools
  Superintendents of State-Operated Schools
  Executive Directors of Approved Private Schools
  Superintendents of Special Act School Districts
  Directors of Special Education
  Organizations, Parents and Individuals Concerned with Special Education
  Impartial Hearing Officers
  New York State Community Dispute Resolution Centers
  Commissioner's Advisory Panel for Special Education Services
  SETRC Project Directors and Professional Development Specialists
  Independent Living Centers
  Other State Agencies
FROM: Edward Placke
SUBJECT: Legislative Amendment: Parent Member on the Committee on Special Education

On July 20, 2004, the Governor signed A9206 (S7366) as Chapter 194 of the Laws of 2004. The purpose of this law, which amends section 4402 of the Education Law, is to expand the pool of parents eligible to serve as the additional parent member on a Committee on Special Education (CSE) by authorizing persons whose disabled child is no longer eligible to receive special education services to serve on a CSE for a period of five years subsequent to the declassification of their child, or the graduation of the child. This law, which is effective immediately, does not apply to the parent member on the Committee on Preschool Special Education (CPSE).

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 Chairpersons, Guidance Counselors and Directors of Pupil Personnel. A copy of Chapter 194 of the Laws of 2004 is attached. Questions regarding this may be directed to Patricia Geary in the Special Education Policy, Planning and Partnerships Unit at (518) 473-2878.

Attachment


Chapter 194 of the Laws of 2004

S T A T E  O F  N E W  Y O R K

9206--A

2003-2004 Regular Sessions

IN ASSEMBLY

October 31, 2003
___________

AN ACT to amend the education law, in relation to parents serving on committees on special education.

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg, Barra) -- read once and referred to the Committee on Education -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Subclause (viii) of clause (a) of subparagraph 1 of paragraph b of subdivision 1 of section 4402 of the education law, as amended by chapter 311 of the laws of 1999, is amended to read as follows:

(viii) an additional parent {of a student with a disability}, residing in the school district or a neighboring school district, OF A STUDENT WITH A DISABILITY, OF A STUDENT WHO HAS BEEN DECLASSIFIED AND IS NO LONGER ELIGIBLE FOR AN INDIVIDUALIZED EDUCATION PROGRAM (IEP), OR A PARENT OF A DISABLED CHILD WHO HAS GRADUATED, FOR A PERIOD OF FIVE YEARS BEYOND THE STUDENT`S DECLASSIFICATION OR GRADUATION, provided such parent shall not be employed by or under contract with the school district, and provided further that such additional parent shall not be a required member if the parents request that such additional parent member not participate;

S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

{ } is old law to be omitted.