Policy 01-04

May 2001

TO: District Superintendents

Presidents of Boards of Education

New York City Board of Education
Superintendents of Schools
Superintendents of State-Operated and State-Supported Schools
Superintendents of Special Act Schools
Organizations, Parents & Individuals Concerned with Special Education
Directors of Special Education
Executive Directors of Approved Private Schools
Directors of Pupil Personnel Services
Chairpersons of Committees on Special Education
Chairpersons of Committees on Preschool Special Education
Directors of Approved Preschool Programs and Preschool Educators
New York City Committee on Preschool Special Education Chairpersons & Administrators
New York City Committee on Special Education Chairpersons and Administrators
Early Childhood Direction Centers
School Psychologists
Impartial Hearing Officers
New York State Community Dispute Resolution Centers
Commissioner's Advisory Panel for Special Education Services
SETRC Project Directors and Training Specialists
Independent Living Centers
Colleges with Special Education Teacher Training
Other State Agency Programs
FROM: Rita D. Levay
SUBJECT: Amendments to Sections 200.4 and 200.7 of the Regulations of the Commissioner

On April 24, 2001, the Board of Regents adopted amendments to sections 200.4 and 200.7 of the Regulations of the Commissioner of Education relating to special education to add regulatory language to conform to State law and correct certain cross citations. The amendments are technical in nature and do not add any new substantive requirements than State law requires. The amendments are attached and are summarized below:

If you have any questions regarding these technical amendments, contact the Special Education Policy Unit at 518-473-2878.


AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to sections 101, 207, 4401-a and 4403 of the Education Law

            1. Subparagraph (ii) of paragraph (2) of subdivision (a) of section 200.4 of the Regulations of the Commissioner is amended, effective May 17, 2001, as follows:

            (ii) describe [attempts] in writing, intervention services, programs or instructional methodologies used to remediate the student’s performance prior to referral, including any supplementary aids or support services provided for this purpose, or state the reasons why no such attempts were made; and

            2. Paragraph (9) of subdivision (a) of section 200.4 of the Regulations of the Commissioner is amended, effective May 17, 2001, as follows:

            (9) The building administrator, upon receipt of a referral or copy of a referral, may request a meeting with the parent or person in parental relationship to the student, and the student, if appropriate, to determine whether the student would benefit from additional general education support services as an alternative to special education, including the provision of educationally related support services, speech and language improvement services, [and] academic intervention services, and any other services designed to address the learning needs of the student and maintain a student’s placement in general education with the provision of appropriate educational and support services. If the person making the referral is a professional staff member of the school district in which the student resides, that person shall attend such meeting. The building administrator shall ensure that the parent understands the proceedings of the meeting and shall arrange for the presence of an interpreter, if necessary. Any other person making a referral shall have the opportunity to attend such meeting. If at such meeting the parent or person in parental relationship and the building administrator agree in writing that, with the provision of additional general education support services, the referral is unwarranted, the referral shall be deemed withdrawn, and the building administrator shall provide the chairperson of the committee on special education, the person who made the referral if a professional staff member of the school district, the parent or person in parental relationship to the student, and the student, if appropriate, with copies of the agreement. The copy of the agreement provided to the parent or person in parental relationship shall be in the native language of such person. Such agreement shall contain a description of the additional general education support services to be provided and the proposed duration of such program. A copy of the agreement shall also be placed in the student's cumulative education record file. The meeting:

            (i) . . . .

            (ii) . . . .

            3. Subparagraph (iv) of paragraph (2) of subdivision (d) of section 200.4 of the Regulations of the Commissioner is amended, effective May 17, 2001, as follows:

            (iv) indicate the recommended special education program and services as defined in sections [200.1(gg)] 200.1(qq) and 200.1(ww) of this Part from the options set forth in section 200.6 of this Part; the class size, if appropriate; the supplementary aids and services to be provided to the student, or on behalf of the student; and a statement of the program modifications or supports for school personnel that will be provided for the student:

            (a) . . . .

            (b) . . . .

            (c) . . . .

            4. Subparagraph (ii) of paragraph (1) of subdivision (d) of section 200.7 of the Regulations of the Commissioner is amended, effective May 17, 2001, as follows:

            (ii) With respect to an application for admission of a school-age student to a State-supported school, the school shall report the results of its evaluation to the committee on special education. Upon receipt of such report, the committee on special education shall conduct a meeting in accordance with the provisions of section [200.4(c)(4)] 200.4(d)(4) of this Part, provided that appropriate representatives of the State-supported school shall be given the opportunity to attend and participate in the meeting which may be held at the State-supported school. The committee may recommend that the commissioner appoint the student to the State-supported school, or it may recommend a different placement. If the parents disagree with the recommendation of the committee on special education, they may request that the board of education appoint an impartial hearing officer to review that recommendation, and the hearing officer shall consider, together with all other relevant information, the evaluation conducted by the State-supported school. If the committee on special education has recommended a placement other than the State-supported school, and the hearing officer finds that such recommendation is inappropriate and that placement in the State-supported school would be appropriate, the hearing officer may order that the board of education recommend to the commissioner that the student be placed in the State-supported school. The decision of the hearing officer may be appealed in accordance with section 4404 of the Education Law.