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Meeting of the Board of Regents | March 2009

Sunday, March 1, 2009 - 8:30am

Report of



The Board of Regents

March 16, 2009


Your VESID Committee held its scheduled meeting on March 16, 2009.   All members were present with the exception of Regent Rosa who was excused.  Chancellor Bennett, Regents Brooks Hopkins, Phillips and Young also attended.




              The Board voted to approve the proposed amendments to the Personnel Regulations of the Commissioner of Education relating to State Schools for the Deaf and Blind at Rome and Batavia.  (VESID (CA) 1)


              The Board voted to approve, for permanent adoption, the proposed amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education relating to the use of the State’s forms for individualized education programs (IEPs), meeting notices and prior written notices (notices of recommendation), effective April 9, 2009 and a third emergency adoption which was necessary to ensure that the January 2009 emergency rule  remains continuously in effect until the effective date of its adoption as a permanent rule.  (VESID (A) 1)




Deputy Commissioner Cort provided the Committee with additional information, including data on the practices of other states, on two of the recommended potential cost-saving mandate relief proposals that were discussed at the February meeting for which additional information was requested – Minimum Level of Service Requirements for Speech and Language as a related service and the Statute of Limitations for requesting Due Process Hearings.   The Committee supported staff moving forward in preparing draft regulations and seeking public comment with regard to reducing the frequency and minimum level of service requirements for speech and language services under certain conditions and moving forward on proposing an amendment to State law and seeking public comment with regard to reducing to 180 days the statute of limitations for requesting Due Process Hearings for parents seeking tuition reimbursement.  (VESID (D) 3)


Staff provided a report to the Committee on interagency partnerships and leading key initiatives aimed at improving employment outcomes for individuals with disabilities in New York State including the Most Integrated Setting Coordinating Council (MISCC) Employment Committee and the VESID Veterans Service Action Plan.  (VESID (D) 2)


Staff discussed with the Committee proposed amendments to the Regulations of the Commissioner that would conform them to federal regulations and New York State Social Services Law and Mental Hygiene Law.  It is necessary for the State to amend its regulations to conform to federal requirements as part of its eligibility for federal funding. 

The substantive proposed amendments to conform to federal regulations and NYS statute would: add the definition of declassification support services consistent with the definition of such term in section 3202(i)(2) of the Education law; conform State regulations to federal requirements relating to participation in regular class, parent consent, including revocation of parent consent for special education and related services, and meeting notice; repeal language in the prior notice requirements relating to provision of a free appropriate public education after graduation with the receipt of a local high school or Regents diploma to be consistent with Education Law; and conform State regulations to Chapter 323 of the NYS Laws of 2008 relating to procedures for prevention of abuse, maltreatment or neglect of students in residential placements. (VESID (D) 1)


The Committee was reminded that VESID will be having a regional meeting in April in Yonkers on April 29 from 2:00 – 4:00 p.m. at the Yonkers Board of Education.


That concludes our report.