Special Education


News, Announcements and Timely Information

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 7/13/2022:  Virtual Training: The Impartial Hearing Reporting System (IHRS) – A Helpful How-To for School District Staff

The New York State Education Department (NYSED) Office of Special Education is hosting virtual training to provide information on the Impartial Hearing Reporting System (IHRS) and guidance to school districts for handling special education due process complaints. This training is specifically for school districts other than New York City. For more information on the topics covered and to pre-register to attend, please see the attached guidance.

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

Posted 3/16/2022: Proposed Amendments to the Commissioners Regulations-Public Hearings/Seeking Public Comment

The Board of Regents has proposed amendments to the regulations specific to special education due process impartial hearing processes to address the rotational process for appointing due process complaints to an impartial hearing officer (IHO) and allow for New York City to appoint an IHO to more than one case at a time within the case assignment rotational process. Additionally the proposed amendments specifically define “date of decision” as it applies to an IHO’s findings of fact and decisions and address how IHO’s must handle conflicts of interest.

 

Posted 3/4/2022: New Website to Support Families and Education Professionals Regarding Special Education

  • The New York State Education Department’s Office of Special Education - Educational Partnership is a professional development and technical assistance network designed to support and empower schools and families in improving equity, access, opportunities and outcomes for students with disabilities.
  • Using an intensive team approach based upon district specific needs, this coordinated and cohesive network provides targeted support to districts to enhance district capacity to provide services and supports for students with disabilities from early childhood and school-age education to engagement in post-school opportunities.
  • Specialists within the Educational Partnership also offer assistance and training on a variety of topics related to special education including special education, transition, early childhood, culturally responsive-sustaining education, academic and behavioral supports, and family engagement.
  • The Educational Partnership has recently launched a new website (https://osepartnership.org/), intended to be used by the public, including parents and families of students with disabilities, young adults with disabilities and education professionals.  The website includes contact information for Regional Educational Partnership Centers and Family and Community Engagement Centers as well as links to register for upcoming professional development and training offerings.
  • Questions or requests for more information may be directed to the Office of Special Education at osepartnership@nysed.gov.

Posted 3/3/2022: NYSED has issued a memorandum titled “Preschool Special Education Enhancement Contract” containing information on the treatment of New York City Department of Education (NYCDOE) enhancement contract funding to State-approved nonpublic preschool special education programs for the purposes of tuition rate-setting and financial reporting to NYSED.  Additional information on the NYCDOE enhancement contract funds is available on the DOE DECE Preschool Special Education Enhancement Contract Solicitation webpage. 

Posted 12/3/2021: Annual Registration of All New Students Classified as Legally Blind for Procurement of Adapted Educational Materials Produced by the American Printing House for the Blind

Posted 11/9/2021: NYSED has issued a memorandum titled “Child Care Stabilization Grant Revenue” containing information on the treatment of Child Care Stabilization Grant Revenue for purposes of tuition rate-setting and financial reporting to NYSED.  Approved preschool special education programs that are licensed/registered by the Office of Children and Family Services (OCFS) or Article 47 day care centers permitted by the New York City Department of Health and Mental Hygiene (DOHMH) may be eligible to apply for Child Care Stabilization Grant funding made available through the federal American Rescue Plan Act and the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act.  The deadline for applications to be accepted by OCFS is November 30th, 2021 at 11:59 p.m. 

Posted 10/18/2021: Seeking Stakeholder Input-The New York State Education Department (NYSED) is seeking to engage stakeholders in activities to improve outcomes for students with disabilities in New York State.  NYSED is currently developing the State Performance Plan/Annual Performance Report (SPP/APR) for the new six-year cycle.  As part of this process, stakeholder engagement is critical to assist in setting targets and developing improvement activities.  Additional information about the SPP/APR, including an SPP/APR Overview webinar and At-a-Glance State Performance Plan: Summary of Indicators 1-17, as well as information on how to register to participate in November 2021 virtual stakeholder meetings, may be found on the SPP/APR Stakeholder Involvement webpage

Posted 10/7/2021: Seeking Stakeholder Input- The New York State Education Department is conducting a survey to obtain stakeholder input on changing the term for the disability classification emotional disturbance and is seeking suggestions for replacement terminology. For families whose primary language is not English, after opening the survey right click and select “translate to <default language>,” after making that selection a box will appear in the top right of the screen, click on the ellipsis and select “choose another language,” and select the preferred language from the drop down. We appreciate you taking the time to complete this brief survey by Friday, October 29, 2021.  

Posted 9/16/2021: Chapter 253 of the Laws of 2021 Relating to Implementation of the Federal Individuals with Disabilities Education Act (IDEA) of 2004

Posted 7/26/2021: Use of Federal Elementary and Secondary School Emergency Relief (ESSER) and Governor’s Emergency Education Relief (GEER) Funds to Provide Recovery Services to Students Over the Age of 21  Adobe PDF

Posted 7/1/2021: School District Responsibilities for Preschool Inclusion in Publicly Funded Prekindergarten Programs

Posted 6/22/2021: Seeking Nominations: Seeking new members for the Youth Advisory Panel from New York City and the Western and Northern regions of the State

Posted 5/20/2021:  Request for Information: Special Education Teacher and Bilingual Special Education Teacher/Bilingual Pupil Personnel Professional Shortages

Posted 4/23/2021: 2020 Accountability Status under Part B of the Individuals with Disabilities Education Act (IDEA)

Posted 3/18/2021:  Justification for Exceeding 1.0 Percent State-level Cap on New York State Alternative Assessment (NYSAA) Participation and Assurance of Participation in Tier 1 Universal Technical Assistance and Supports (2018-19 NYSAA Participation Data)

Posted 3/18/2021: Annual State Application Under Part B of the Individuals with Disabilities Education Act (IDEA) as Amended in 2004 for Federal Fiscal Year 2021

Posted 3/11/2021:  Placements of Students with Disabilities in Approved Out-of-State Residential Schools 2021-22 School Year

Posted 1/14/2021: Decision from the Second Circuit Court of Appeals D.S. v. Trumbull Board of Education Memorandum

Posted 10/23/2020: Guidelines for Determining if Mealtime May be Included When Calculating Instructional Time for Preschool Special Education Programs Adobe PDF

Posted October 2020: Frequently Asked Questions and Answers Regarding the Provision of Services to Students with Disabilities During the 2020-21 School Year  

Posted 6/21/2020: Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State

Memo: Supplement #3 - Provision of Services to Students With Disabilities During Statewide School Closures Due to Novel Coronavirus (Covid-19) Outbreak in New York State (June 20, 2020) Adobe PDF

Posted 6/21/2020: Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State

Memo: Supplement #2 - Provision of Services to Students With Disabilities During Statewide School Closures Due to Novel Coronavirus (Covid-19) Outbreak in New York State (June 20, 2020) Adobe PDF

Posted 6/1/2020: Grant Application for Individuals with Disabilities Education Act (IDEA) for 2020-21

Posted 5/27/2020: Parental Right to Decline Examination Waivers

Posted 5/18/2020:  Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State

Posted 4/27/2020: Memo: Supplement #1 – Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State – Additional Questions and Answers (April 27, 2020) Adobe PDF

Posted 4/16/2020: Memo: Emergency Regulations for the Provision of Special Education Programs and Services and Due Process Procedures in Response to the Novel Coronavirus (COVID-19) Outbreak in New York State Adobe PDF

Posted 4/6/2020: Extension of the Subject Area Certification Requirement and SOCE Application Deadline for Special Education Teachers Who Teach a Special Class in Grades 7-12

Posted 3/27/2020: Memo: Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State Adobe PDF

Posted 3/27/2020: Placements of Students with Disabilities in Approved Out-of-State Residential Schools 2020-21 School Year

Posted 3/13/2020: Annual State Application Under Part B of the Individuals with Disabilities Education Act (IDEA) as Amended in 2004 for Federal Fiscal Year 2020

Posted 2/10/2020: Office of Special Education (OSE) Educational Partnership-Contact List

Posted 1/6/2020: Subject Area Certification Requirement and Statement of Continued Eligibility (SOCE) Information for Special Education Teachers Who Teach One or More Subject Areas in a Special Class in Grades 7-12

Posted 12/9/2019- Attention-Impartial Hearing Officers Who Conduct Impartial Hearings for New York City: Impartial Hearing Officer Recusals from Appointments

Posted 10/7/2019- Additional Frequently Asked Questions About School Vaccination Requirementsexternal link icon from the New York State Department of Health

Posted 8/19/2019-New York State Laws and Regulations that Differ from Federal Requirements

Posted 8/16/2019- Emergency Regulations to Conform to Recent Amendments to the Public Health Law

Posted 8/16/2019-Additional Guidance About Vaccination Requirements

Posted 7/19/2019: Frequently Asked Questions about Vaccination Requirements

Posted 7/9/2019: Notice of Intent to Issue Request for Proposal for a Speech-Language and Bilingual Speech-Language Personnel Development Center

Posted 6/21/2019: New Legislation Regarding Immunizations: Statement on Legislation Removing Non-Medical Exemption from School Vaccination Requirements and  Frequently Asked Questions About Legislation Removing Non-Medical Exemptions from School Vaccination Requirements

Posted 6/3/2019: Justification for School Districts Exceeding the 1.0 Percent on Students Participating in the New York State Alternate Assessment (NYSAA)

Posted 6/3/2019: Eligibility Criteria for Participation in the New York State Alternate Assessment (NYSAA)

Posted 3/6/2019: Notice of Potential Disclosure of Student Records and Opt-Out Form

Posted 2/20/19: New York State Individuals with Disabilities Education Act (IDEA) School District Determinations for 2018

Posted 1/10/19 - Guidelines for Determining a Student with a Disability's Need for a One-to-One Nurse

Posted 12/18/18 Office of Special Education Educational Partnership

Posted 11/29/2018-Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act

Posted 11/5/2018: Chapter 428 of the Laws of 2017 Relating to Referrals to State Adult Service Agencies for Certain Students with Disabilities Who Have Reached the Age of 18 and the Requirement for Boards of Education to Have Plans and Policies for Appropriate Declassification of Students with Disabilities

Posted 10/24/2018: Chapter 429 of the Laws of 2017 establishing that all school districts are deemed approved evaluators of preschool students suspected of having a disability without the need to submit an application to the New York State Education Department

Posted 10/24/2018: Chapter 422 of the Laws of 2017 - New Requirements Relating to Chapter 501 of the Laws of 2012 (“Protection of People with Special Needs Act”)

Posted 10/5/2018- New York State Laws and Regulations that Differ from Federal Requirements

Posted 8/23/2018-Superintendent Determination Option for Graduation with a Local Diploma-UPDATED August 2018

Posted 8/20/2018-Guidance on Chapter 216 of the Laws of 2017:  Students with Disabilities Resulting from Dyslexia, Dysgraphia, and Dyscalculia

Posted 6/25/2018-Chapter 501 of the Laws of 2012 (“Protection of People with Special Needs Act”) – Vehicle and Traffic Infraction Reporting and Classification Guidance

Posted 6/14/2018: Chapter 501 of the Laws of 2012 ("Protection of People with Special Needs Act") - Immediate Protections Safety Assessment

Posted 6/7/2018:  Placements of Students with Disabilities in Approved Out-of-State Residential Schools (Placement Memo and Application for Use for 2018)

Posted 5/30/2018 – Guidance from the Office of Curriculum and Instruction: Policies that Allow All Students to Participate in a High School Graduation Ceremony

Posted 3/15/18 – Seeking Public Comment: Annual State Application Under Part B of IDEA as Amended in 2004 for Federal Fiscal Year 2018

Posted 3/5/2018 – Field Advisory and Guidance Document: Reporting of Incidents to the Justice Center

Posted 2/8/2018 – Field Advisory: Testing Accommodations for Students with Disabilities

Posted 1/31/2018 – Guidance Document:  Questions and Answers on Impartial Due Process Hearings for Students with Disabilities

Posted 1/29/2018: Emergency Intervention Survey

Posted 12/21/2017 – Field Advisory and Preschool Variance Application: Procedures to Temporarily Exceed an Approved Special Class Size for Preschool Students with Disabilities

Posted 12/1/2017 – Seeking Applications: State Approved 853 School-Age Provider Program Expansion Opportunity in NYC

Posted 9/2017 – Field Advisory Memo: Relief from Requirements for Multiple Reporting of Reportable Incidents-Justice Center Guidance

Posted 9/28/2017 – Field Advisory Memo:  Requirements Related to Special Education Impartial Hearings

Posted 8/8/2017 – Field Advisory Memo:  Changes to the NYS Procedural Safeguards Notice:  Rights for Parents of Children with Disabilities, Ages 3-21, July 2017

Posted 4/20/2017 – Field Advisory Memo:  Assistive Technology for Students with Disabilities

Posted 4/20/2017 – Field Advisory Memo:  Transition Planning and Services for Students with Disabilities

Posted 4/20/2017-Updated Guidance- Student Exit Summary as Required by IDEA 2004 - March 2006, Updated April 2017

Posted 4/20/2017-Field Advisory Memo:  Placements of Students with Disabilities in Approved Out-of-State Residential Schools

Posted 4/20/2017-Application:  Application Instructions for State Aid Reimbursement of Tuition Costs for Students in New York State Approved Out-of-State Residential Schools 2017-18 School Year

Posted 3/10/17– Seeking Public Comment: Annual State Application Under Part B of IDEA As Amended in 2004 for Federal Fiscal Year 2017

Posted 3/6/2017: Applications Posted: Current July/August Extended School Year Applications

Posted 3/3/2017: Field Advisory Memo: Application Procedures for July/August Extended School Year Special Education Programs Pursuant to Section 4408 of the Education Law

Posted 3/3/2017: Field Advisory Memo:  Revised Procedures for Administering State Assessments over Multiple Days to Students with Disabilities

Posted 3/2/2017: Field Advisory Memo:  Superintendent Determination of Graduation with a Local Diploma-UPDATED

Posted 2/24/2017: Field Advisory Memo:  Timelines for Transition of State Assessments to Unified English Braille

Posted 2/1/2017: Questions and Answers:  Response to Intervention (RtI) Middle School Demonstration Project Applications of Interest

Posted 1/5/2017: Seeking Applications:  Response to Intervention (RtI) Middle School Demonstration Project Applications of Interest

 

Last Updated: September 20, 2022