Home » 2014 Issues » July 30, 2014 » EDU-18-14-00006-A Parental Consent for the Initial Provision of Special Education Services/Programs to a Student with a Disability for July/August
EDU-18-14-00006-A Parental Consent for the Initial Provision of Special Education Services/Programs to a Student with a Disability for July/August
7/30/14 N.Y. St. Reg. EDU-18-14-00006-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 30
July 30, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-18-14-00006-A
Filing No. 606
Filing Date. Jul. 09, 2014
Effective Date. Jul. 30, 2014
Parental Consent for the Initial Provision of Special Education Services/Programs to a Student with a Disability for July/August
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 200.5 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 305(1), (2), (20), 4402(2), 4403(3); L. 2014, ch. 56, part A, section 16-a
Subject:
Parental consent for the initial provision of special education services/programs to a student with a disability for July/August.
Purpose:
To conform the Commissioner's Regulations to section 16-a of part A of chapter 56 of the Laws of 2014.
Text or summary was published
in the May 7, 2014 issue of the Register, I.D. No. EDU-18-14-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, 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 2019, 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:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on May 7, 2014, the State Education Department (SED) received the following comments on the proposed amendment.
1. COMMENT:
Fully support the proposed amendment. Current requirement appears to be repetitive since consent is received prior to the initial provision of special education services, which includes summer services. Applaud SED’s efforts to create higher standards for the quality of special education services for students by eliminating redundancy and promoting efficiency in the parental consent process. Eliminating the duplicative consent requirement (initial provision of special education services and initial provision of summer services) will reduce confusion for parents and remove any delay in providing services to students.
DEPARTMENT RESPONSE:
Federal and State law and regulations will continue to require that parental consent be obtained prior to the initial provision of special education services, including whenever July/August services are recommended at the time the student first receives special education. Minimizing the instances when consent from parents must be obtained will provide some relief from procedural compliance requirements. Pursuant to Chapter 56 of the Laws of 2014, which has been in effect since March 31, 2014, school districts are no longer required to obtain parental consent for the initial provision of special education services and programs during the months of July and August.
2. COMMENT:
Ensure that a template of expected detailed records of attempts is provided to the school districts and Committees on Special Education so there is a uniform way to document the results of those attempts.
DEPARTMENT RESPONSE:
Consistent with Section 16-a of Chapter 56, the proposed amendment eliminates the requirement for school districts to obtain parental consent prior to the initial provision of special education during the months of July and August and, therefore, eliminates the requirement for districts to document attempts to obtain such consent. However, parental consent will continue to be required prior to the first time a student is provided special education services. Documentation of reasonable efforts to obtain consent for the initial provision of special education, as well as for initial evaluations and reevaluations, must be maintained by the school district. Documentation must include a record of the school district’s attempts to obtain consent such as detailed records of telephone calls made or attempted and the results of those calls, copies of any correspondence sent to the parents and any responses received, and detailed records of visits made to the parent’s home or place of employment and the results of those visits. SED believes that districts are in the best position to determine what documentation and records are needed to demonstrate the attempts that were made to obtain parental consent.
