PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 155.2, 155.12 and 200.2 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided), 305(1), (2) and (20), 308 (not subdivided), 309 (not subdivided), 2215(17), 4402(2) and 4403(3); and L. 2013, ch. 57, sections 2-a and 2-b
Subject:
Special education space plans.
Purpose:
Conform the Commissioner's Regulations to L. 2013, ch. 57, sections 2-a and 2-b.
Text or summary was published
in the July 10, 2013 issue of the Register, I.D. No. EDU-28-13-00012-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on July 10, 2013, the State Education Department received the following comments on the proposed amendment.
1. COMMENT:
Elimination of the space plan requirements will provide necessary relief and allow for more natural discussions regarding the needs of the region in leadership forums. Overly restrictive regulations cost districts money and remove their ability to devise common sense solutions to meet the learning needs of students and fiscal needs of local communities. Overly redundant procedures are a waste of tax payer dollars. Unless there is a proposed change to existing space there should be no need for review. Proposal greatly reduces bureaucratic waste by decentralizing approval authority for special education instructional space. Placing trust in the hands of local authorities is a sound organizational decision that saves the State and individual districts money while still meeting the needs of students with disabilities.
DEPARTMENT RESPONSE:
Comments are supportive in nature and no response is necessary.
2. COMMENT:
Support adding that the district superintendent of schools of each BOCES must determine the adequacy and appropriateness of the facilities space available to house special education programs in the geographic area served by the BOCES. The district superintendent is well connected with the component district superintendents and will be able to hold these discussions adequately in the monthly forums with school administrators. Monthly regional meetings of various groups such as the superintendents, assistant superintendents for instruction, and Pupil Personnel staff will allow for consideration of the needs of students with disabilities.
DEPARTMENT RESPONSE:
Comments are supportive in nature and no response is necessary.
3. COMMENT:
One commenter indicated opposition to the proposal without reasons or recommendations except to indicate that “It is imperative that standards be developed and adhered to.”
DEPARTMENT RESPONSE:
Consistent with Chapter 57, the proposed amendment repeals the special education space plan requirements, but requires the district superintendent of each board of cooperative educational services (BOCES) to determine the adequacy and appropriateness of the facilities space available to house special education programs in the geographic area served by the BOCES. The facilities space must be consistent with the least restrictive environment (LRE) requirement and ensure the stability and continuity of program placements for students with disabilities, including procedures that ensure that special education programs and services located in appropriate facilities will not be relocated without adequate consideration of the needs of participating students with disabilities. In addition, as part of the State Performance Plan and Annual Performance Report, required by the reauthorized Individuals with Disabilities Education Act, New York must collect and publicly report on each school district's LRE placements for students with disabilities in relation to the State's targets. These requirements will continue to ensure that each school district provides appropriate educational space for students with disabilities in the least restrictive environment, which was the intended purpose of special education space planning requirements.
