Posted 4/27/2023: Seeking Public Comment  The New York State Education Department is seeking public comment on the proposed amendments to section 19.5 of the Rules of the Board of Regents and sections 100.2, 200.1, 200.7, 200.15, and 200.22 of the Regulations of the Commissioner of Education relating to the prohibition of corporal punishment, aversive interventions, prone restraint and seclusion; permitted use of timeout and restraint; and data collection. 

Posted 4/11/2023:  At their February 2023 meeting, the Board of Regents approved proposed amendments of section 200.5 to the Regulations of the Commissioner of Education relating to special education due process system procedures in the areas of (1) granting extensions; (2) enforcement of mediation and resolution agreements; (3) increasing use of mediation; (4) establishing rules of conduct; and (5) providing flexibility for conducting hearings in different modes. It is anticipated that the proposed amendments will be presented for permanent adoption at the June 2023 Regents meeting, and effective June 28, 2023.

Posted 3/24/2023: Seeking Public Comment: Annual State Application Under Part B of IDEA as Amended in 2004 for Federal Fiscal Year 2023

Posted 1/30/2023: At their January 2023 meeting, the Board of Regents approved as an emergency rule the amendment of sections 200.1(x) and 200.5 to the Regulations of the Commissioner of Education.  These amendments (1) permit the New York City’s Office of Administrative Trials and Hearings (OATH) to promulgate regulations related to special education due process hearings to promote the efficient resolution of due process complaints; and (2) amends the definition of impartial hearing officer (IHOs) to contemplate IHOs employed by OATH.

Posted 1/6/2023: The New York State Education Department is seeking applicants for two new members to serve on the Commissioner’s Advisory Panel for Special Education Services (CAP) for the following constituency categories: a “Parent or guardian of a Child with a Disability” from the Western New York region, and an “Individual with a Disability”from any region of New York State. The CAP Member Application form and other information about CAP, can be found on the CAP webpage.  Applications for these openings must be received by January 20, 2023.

Posted 12/12/2022: Behavioral Interventions and Supports & Discipline Procedures for Students with Disabilities

Posted 12/12/2022: Chapter 516 of the Laws of 2022 Relating to Same-Day Notification to a Parent or Person in Parental Relation of a Student with a Disability Where Certain Behavioral Interventions Are Used

Posted 9/16/2022:  Chapter 516 of the Laws of 2022, signed into law on August 17, 2022, and effective immediately, amends section 4402 of the education law by adding a new subdivision 9. This amendment requires each school district to develop a procedure to notify a student with a disability’s parent or person in parental relation on the same day a physical or mechanical restraint is used on the student or the student is placed in a time-out room. When the student’s parent or person in parental relation cannot be contacted after reasonable attempts are made, the principal shall record and report such attempts to the committee on special education. The Department will be issuing additional guidance. Questions regarding Chapter 516 of the Laws of 2022 may be directed to the Office of Special Education’s Policy Unit at (518) 473-2878 or to speced@nysed.gov

Posted 7/21/2022:  Permanent Adoption of the Amendments to Sections 200.1 and 200.4 of the Regulations of the Commissioner of Education Relating to the Disability Classification “Emotional Disturbance”

Posted 7/20/2022:   Amendment of Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures  At their July 2022 meeting, the Board of Regents approved for permanent adoption the amendment of sections 200.5(j) and 200.21(a) and the addition of 200.5(o) to the Regulations of the Commissioner of Education relating to special education impartial hearing officers (IHOs) and the special education due process procedures. These regulations become permanently effective on July 27, 2022. Chapter 812 of the Laws of 2021 (Chapter 812) was enacted to address the timely resolution of due process complaints. Chapter 812, effective March 29, 2022, amended Education Law section 4404 to permit the immediate appointment of an IHO to due process complaints that had been on the waitlist for 196 days so that the IHO could issue an order based on a proposed order of relief submitted by the parent identifying appropriate and individualized programs and services for the student. The amendment to section 200.5(j)(3)(i)(a) permits the immediate appointment of an IHO to conduct an accelerated review of a due process complaint and section 200.5(o) establishes the process by which a parent may request an accelerated review and indicates the timelines and procedures for an IHO to issue an accelerated order of relief or finding. The amendment to section 200.21(a) establishes the compensation rate for IHOs that have been appointed to accelerated due process cases. An Accelerated Order of Relief Fact Sheet provides additional information regarding this regulatory amendment. Questions regarding the changes to the special education due process system procedures may be directed to the Special Education Due Process Unit at (518) 473-0170 or to speced@nysed.gov.

Posted 6/13/2022: New York State Laws that Differ from Federal Requirements

Posted 5/20/2022: Changes to New York State Alternate Assessment                    Information is being provided regarding changes to the administration of the New York State Alternate Assessment (NYSAA) in Science beginning with the 2022-23 school year. Students eligible to participate in the grade 4 NYSAA in Science will not be tested in the 2022-23 school year. Instead, these students will be tested in grade 5 the following year (spring 2024).

Posted 4/13/2022: The Accelerated Order of Relief Fact Sheet provides information regarding amendments and additions to the Regulations of the Commissioner of Education to conform such with Chapter 812 of the Laws of 2021 (Chapter 812) amending Education Law Section 4404. Chapter 812 permits the immediate appointment of an impartial hearing officer (IHO) to due process complaints that have been on a waitlist for 196 days or more.  Once appointed, IHOs may issue an order or finding based upon a proposed order of relief submitted by a parent identifying appropriate and individualized programs and services for the student. For additional information regarding this process, please see the Accelerated Order of Relief Fact Sheet.

Posted 4/13/2022: Attention: The Department asks parents of any student residing in New York City with an individualized education program who is 14 years of age or older to read the attached Notice of Proposed Settlement of a federal class action concerning transition services. The court has scheduled a fairness hearing on the proposed settlement for June 28, 2022. Any written comments or objections will need to be postmarked by May 27, 2022, in order for the court to consider them.

Posted 3/25/2022:  NYSED has issued a memorandum titled “Streamlined Application for Classroom Ratio Intensification Aligned with Published New York City Preschool Regional Need” containing information on a new NYSED application to request a classroom ratio intensification for existing approved preschool special class programs located in the New York City region.  The streamlined application is intended to provide an expedited review of existing approved preschool special class classrooms seeking to intensify ratios in alignment with the preschool regional need published by the New York City Department of Education (NYCDOE).  Additional information on New York City preschool special education regional need is published by the NYCDOE at Regional Need for Preschool Special Education (nyced.org) and additional information on the NYCDOE enhancement contract funds is available on the DOE DECE Preschool Special Education Enhancement Contract Solicitation webpage.

Posted 3/16/2022: Annual State Application Under Part B of IDEA as Amended in 2004 for Federal Fiscal Year 2022