THE STATE EDUCATION DEPARTMENT
THE UNIVERSITY OF THE STATE OF NEW YORK
ALBANY, NY 12234

 

PDF Format (92 KB)

December 2008

TO:

District Superintendents

 

Superintendents of Schools

 

Presidents of Boards of Education

 

New York City Board of Education

 

Principals of Public Schools

 

Directors of Pupil Personnel Services

 

Administrators of Nonpublic Elementary and Secondary Schools

 

Organizations, Parents and Individuals Concerned with 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

 

School Business Officials

 

FROM:

 

James P. DeLorenzo
Statewide Coordinator for Special Education
Office of Vocational and Educational Services for Individuals with Disabilities

Harold Matott 
Director, STAC, Special Aids & Medicaid Unit
Office of Operations and Management Services

 

SUBJECT:

Addition of Section 177.2 of the Regulations of the Commissioner of Education Relating to Disputes of Reimbursement Claims for Special Education Services Provided to Nonresident Parentally-Placed Nonpublic School Students with Disabilities

This memorandum provides information on the addition of a new section 177.2 to the Regulations of the Commissioner of Education.  These regulations prescribe the dispute resolution mechanism regarding claims for reimbursement of costs for special education provided to a nonresident student with a disability, who is parentally placed in a nonpublic school located in a school district other than the school district in which the student legally resides. Section 3602-c of Education Law, as amended by Chapter 378 of the Laws of 2007, required the Commissioner to adopt regulations for a claim dispute process. These regulations became permanently effective on November 13, 2008.

A summary of section 177.2 follows and the form prescribed by the New York State Education Department (NYSED) for submitting an application for administrative review is attached.   A copy of the regulations may be found at http://www.regents.nysed.gov/ 2008Meetings/October2008/1008vesida2.doc

Summary of Section 177.2 of the Regulations of the Commissioner of Education:

Additional guidance on these two processes can be found in the June 2008 memo Guidance on Reimbursement Claims for the Cost of Providing Special Education Services to Parentally-Placed Nonresident Students Pursuant to Education Law Section 3602-c at  http://www.p12.nysed.gov/specialed/publications/policy/
reimbursement608.htm
.

Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878.  Questions regarding applications for administrative review may be directed to the STAC, Special Aids and Medicaid Unit (518) 474-7116.  Questions regarding the calculation of State Aid may be directed to the Office of Fiscal Services, State Aid Unit at (518) 474-2977.

Attachment

c:        Rebecca H. Cort
          Patricia J. Geary
         


          Attachment

 

NEW YORK STATE EDUCATION DEPARTMENT (NYSED)

APPLICATION FOR ADMINISTRATIVE REVIEW OF A CLAIM FOR PAYMENT FOR A NONRESIDENT PARENTALLY-PLACED NONPUBLIC SCHOOL
STUDENT WITH A DISABILITY


In accordance with section 177.2(b)(4) of the Regulations of the Commissioner of Education, a school district of residence may submit an application for administrative review by NYSED when it disputes the amount of the charges claimed by the school district where a nonpublic school is located for a nonresident student. 

An application for administrative review by NYSED cannot be submitted for disputes of a student’s residency nor for disputes regarding the type or amount of special education services provided to the student pursuant to the student’s individualized education services program (IESP) determined by the Committee on Special Education (CSE) of the school district where the nonpublic school is located.

Filing Deadlines

The application for administrative review must be submitted not later than one year from the date of receipt of the claim or 30 days after final residency determination, whichever occurs later.

Directions

  1. Complete the attached application.
  2. Attach a copy of the charges by the school district where the nonpublic school is located that are being disputed.
  3. Submit a signed original and a copy of the Application and required attachment(s) to:

New York State Education Department
STAC, Special Aids and Medicaid Unit
Education Building - Room 514W
89 Washington Avenue
Albany, NY 12234
Fax: (518) 402-5047
SED Seal


 

APPLICATION FOR ADMINISTRATIVE REVIEW OF A CLAIM FOR PAYMENT FOR A NONRESIDENT PARENTALLY-PLACED NONPUBLIC SCHOOL
STUDENT WITH A DISABILITY

Student Identifying Information

Name of Student:

Date of Birth:

Address of Student’s Permanent Residence:

School District of Student's Residence

Name:

Address:

BEDS Code:

School District Where the Nonpublic School is Located

Name:

Address:

BEDS Code:

 

Nonpublic School Student Attended

Name of School:

Address of Nonpublic School:

 

Date the district of residence received the claim for costs by the school district where the nonpublic school is located: ______________________

 

Costs claimed by the District of Location that are being disputed:

Evaluation(s):
Amount of cost in dispute:
Reason:

 

 

Special Education Services:
Amount of costs in dispute:
Reason:

 

 

Committee on Special Education (CSE) Administrative Costs: 
Amount of costs in dispute:
Reason:

 

 

Provide documentation of the district of residence’s attempts to resolve the dispute prior to submission of this application for administrative review by NYSED (Attach additional pages as necessary).

 

 

 

 

 

 

 

 

Application submitted by:  _____________________________________

Date:          _____________________________________________________



For NYSED Use: 

Date application received:  ____________
Date and type of documentation requested from the district of location: _________
Date documentation received from the district of location: _________
NYSED determination of dispute:_______________________________________