Meeting of the Board of Regents | July 2008

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

 

TO:	VESID Committee
FROM:	Rebecca H. Cort
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Use of the State’s Forms for Individualized Education Programs, Meeting Notice and Prior Written Notice (Notice of Recommendation)
DATE:	July 9, 2008
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

 

Summary

 

Issue for Discussion

 

              Proposed amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education.

 

Reason for Consideration

 

              Review of policy.

             

Proposed Handling

             

              The proposed amendment is before the Regents for discussion in July 2008 and will be submitted for adoption at the October 2008 Regents meeting.

 

Procedural History

             

              The Regents approved regulations in September 2007 requiring that, effective January 1, 2009, school districts must use forms prescribed by the Commissioner for IEPs, CSE and CPSE meeting notices and prior written notice (notice of recommendation).

 

Background Information

 

The regulations that require the use of the State’s forms for IEPs, CSE and CPSE meeting notices, and prior written notice (notice of recommendation) as of January 1, 2009 were adopted in September 2007.  Since that date, the Department sought extensive comment from the field on the development of the forms from stakeholders across the State.  In response to their comments, the Department proposes to extend the effective date for required use of the forms from January 1, 2009 to September 1, 2009.  Extending the date for the required use of these forms will allow additional time for VESID to work with stakeholders to field check proposed forms and to provide professional development on the new forms and guidance.  In addition, the proposed amendment will require school districts to use the new forms at the beginning of the 2009-2010 school year, and thereby avoid any risk of potential disruptions to a district’s policies, procedures and practices that might result if this requirement were to be made effective in the middle of the 2008-2009 school year.

 

              A Notice of Proposed Rulemaking will be published in the State Register on July 30, 2008.  Attached is the proposed regulatory language.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

Recommendations

 

              The Regents should discuss the proposed amendment in July and take action in October.

 

Timetable for Implementation

 

              The proposed amendment is before the Regents for discussion in July and, following the receipt of public comment, will be submitted for action at the October 2008 Regents meeting with a proposed effective date of November 13, 2008.

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to Education Law sections 207, 4402, 4403 and 4410 

1.   Paragraph (2) of subdivision (d) of section 200.4 of the Regulations of the Commissioner of Education is amended, effective November 13, 2008, as follows:

(2) Individualized education program (IEP). If the student has been determined to be eligible for special education services, the committee shall develop an IEP.  IEPs developed on or after [January 1, 2009] September 1, 2009, shall be on a form prescribed by the commissioner and developed consistent with the commissioner's guidelines.  In developing the recommendations for the IEP, the committee must consider the results of the initial or most recent evaluation; the student’s strengths; the concerns of the parents for enhancing the education of their child; the academic, developmental and functional needs of the student, including, as appropriate, the results of the student's performance on any general State or districtwide assessment programs; and any special considerations in paragraph (3) of this subdivision. The IEP recommendation shall include the following:

(i)  .   .   .

(ii)  .   .   .

              (iii)  .   .   .         

              (iv)  .   .   .

(v)  .   .   .

(v)  .   .   .

(vi)  .   .   .

(vii)  .   .   .

(viii)  .   .   .

(ix)  .   .   .

(x)  .   .   .

(xi)  .   .   .

(xii)  .   .   .

                          2.  Paragraph (1) of subdivision (a) of Section 200.5 of the Regulations of the Commissioner of Education is amended, effective November 13, 2008, as follows:

                          (1)  Prior written notice (notice of recommendation) that meets the requirements of section 200.1(oo) of this Part must be given to the parents of a student with a disability a reasonable time before the school district proposes to or refuses to initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student.  Effective [January 1, 2009] September 1, 2009, the prior written notice shall be on [the] a form prescribed by the commissioner and developed consistent with the commissioner's guidelines.

                          3.  Paragraph (1) of subdivision (c) of Section 200.5 of the Regulations of the Commissioner of Education is amended, effective November 13, 2008, as follows:

                          (1)  Whenever the committee on special education proposes to conduct a meeting related to the development or review of a student’s IEP, or the provision of a free appropriate public education to the student, the parent must receive notification in writing at least five days prior to the meeting.  The meeting notice may be provided to the parent less than five days prior to the meeting to meet the timelines in accordance with Part 201 of this Title and in situations in which the parent and the school district agree to a meeting that will occur within five days.  The parent may elect to receive the notice of meetings by an electronic mail (e-mail) communication if the school district makes such option available.  Effective [January 1, 2009] September 1, 2009, the meeting notice shall be on a form prescribed by the commissioner and developed consistent with the commissioner's guidelines.