PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 200.2, 200.4, 200.5, 200.6, 200.9, 200., 200.10, 200.11, 200.13, 200.20, 201.2 and 201.11 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided), 305(1), (2), (20), 3214(3), 4402 (not subdivided), 4403(3), 4410(13); and L. 1978, ch. 410
Subject:
Students with disabilities.
Purpose:
Mandate relief to schools in certain areas of special education that exceed federal requirements, and to make technical changes.
Public hearing(s) will be held at:
2:00 p.m.-5:00 p.m., Sept. 15, 2010 at Genesee Valley BOCES, Leroy Center, 80 Munson St., Conference Rm.*, Leroy, NY, Room Capacity: 50 (approx.), Directions: http://www.gvboces.org/directions.cfm; 2:00 p.m.-5:00 p.m., Sept. 15, 2010 at VESID - Adult Vocational Rehabilitation Services, Albany District Office, 80 Wolf Rd., Suite 200, Second Fl., Albany, NY, Room Capacity: 50 (approx.), Directions: http://www.vesid.nysed.gov/albany/directions.htm; 2:00 p.m.-5:00 p.m., Sept. 16, 2010 at VESID - Adult Vocational Rehabilitation Services, Manhattan District Office, 116 W. 32nd St., 5th Fl., Conference Rm.*, New York, NY, Room Capacity: 50 (approx.), Directions: http://www.vesid.nysed.gov/manhattan/directions.htm
* The Leroy and New York City public hearings will be conducted by videoconference.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the following State website:http://www.emsc.nysed.gov/specialed/ timely.htm):
The Commissioner of Education proposes to amend sections 200.2, 200.4, 200.5, 200.6, 200.9, 200.10, 200.11, 200.13, 200.20, 201.2 and 201.11 of the Commissioner's Regulations, effective December 8, 2010, relating to the provision of special education to students with disabilities. The following is a summary of the substance of the proposed amendments.
Section 200.2, as amended, corrects cross citations relating to apportionment of public monies; makes technical amendments to update Federal law citations and to change the address where a copy of federal regulations may be obtained within the New York State Education Department; and amends the section to conform to section 3602(8) of the Education Law, relating to requirements for district plans of service.
Section 200.4, as amended, makes technical amendments to update Federal law citations and to change the address where a copy of federal regulations may be obtained within the New York State Education Department and amends the section to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.5, as amended, conforms State regulations to federal requirements relating to meeting notice and parent participation in CSE meetings; corrects a cross citation relating to appeal to a State review officer; and makes technical amendments to update citations to Federal law and to change the address where a copy of federal regulations may be obtained within the New York State Education Department; to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities; and to change the address where a State complaint would be submitted.
Section 200.6, as amended, repeals the minimum service delivery requirements for speech and language; authorizes school districts to add up to two additional students to integrated co-teaching classes; and corrects cross citations relating to apportionment of public monies.
Section 200.9, as amended, makes a technical amendment relating to the procedures during the close-down period of an approved private program.
Section 200.10, as amended, makes a technical amendment relating to reimbursement to certain State-operated and State-supported schools for blind, deaf and severely disabled students.
Section 200.11, as amended, makes technical amendments to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.13, as amended, repeals the requirement that each student with autism receive instructional services a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six to meet his/her individual language needs.
Section 200.20, as amended, makes technical amendments to repeal the name of the office within the State Education Department office that must conduct a fiscal or program review of a preschool program applying for approval and to make a correction to the referencing of a cross citation.
Section 201.2, as amended, makes technical amendments to update Federal law citations and to change the address where a copy of Controlled Substance Act may be obtained within the New York State Education Department.
Section 201.11, as amended, makes a technical amendment to the name of the State Education Department office where copies of expedited hearing decisions would be sent.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
James P. DeLorenzo, Statewide Coordinator of Special Educ., State Education Department, Office of Special Education, One Commerce Plaza, Room 1624, Albany, NY 12234, (518) 402-3353, email: spedpubliccomment@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 empowers the Regents and Commissioner of Education to adopt rules and regulations to carry out State education laws and functions and duties conferred on the Education Department by law.
Education Law section 305(1) and (2) provide the Commissioner, as chief executive officer of the State education system, with general supervision over schools and institutions subject to the provisions of education law, and responsibility for executing Regents policies. Section 305(20) authorizes the Commissioner with such powers and duties as are charged by the Regents.
Education Law section 3214(3) establishes the procedural protections for students with disabilities subject to discipline.
Education Law section 4402 establishes school district duties for the education of students with disabilities.
Education Law section 4403 establishes Department and school district responsibilities concerning education programs and services to students with disabilities. Section 4403(3) authorizes the Department to adopt rules and regulations as the Commissioner deems in their best interests.
Education Law section 4410 establishes requirements for education services and programs for preschool children with disabilities. Section 4410(13) authorizes the Commissioner to adopt regulations.
Chapter 410 of the Laws of 1978 authorizes the Commissioner to develop separate and appropriate regulations regarding the classroom instruction of students with autism.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment carries out the legislative objectives in the aforementioned statutes to ensure that students with disabilities are provided a free appropriate public education consistent with federal law and regulations.
3. NEEDS AND BENEFITS:
The proposed amendment will provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State law; and make certain technical amendments, including correction of cross citations.
The proposed amendment will provide mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs by repealing minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and by authorizing the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class. To conform to federal and state requirements, the proposed rule will also ensure that the State regulations use language consistent with federal regulations for CSE meeting notices and State statute for district plans of service for special education; and will make other technical amendments.
4. COSTS:
a. Costs to State government: None.
b. Costs to local governments: None.
c. Costs to regulated parties: None.
d. Costs to the State Education Department of implementation and continuing compliance: None.
The proposed amendment will reduce costs to school districts by providing mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs. Specifically, the proposed amendment will repeal minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and authorize the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment will provide school districts with mandate relief and appropriate flexibility to address individual student needs, and does not impose any additional program, service, duty or responsibility upon local governments beyond those imposed by federal and State statutes and regulations.
Section 200.2, as amended, corrects cross citations relating to apportionment of public monies; makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department; and to conform State regulations to section 3602(8) of the Education Law relating to requirements for district plans of service.
Section 200.4, as amended, makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department and to conform to a recent statutory change of name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities (OPWDD).
Section 200.5, as amended, conforms State regulations to federal requirements relating to meeting notice and parent participation in CSE meetings; corrects a cross citation relating to appeal to a State review officer; and makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department; to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities; and to change the address where a State complaint would be submitted.
Section 200.6, as amended, repeals the minimum service delivery requirements for speech and language; authorizes school districts to add up to two additional students to integrated co-teaching classes; and corrects cross citations relating to apportionment of public monies.
Section 200.9, as amended, makes a technical amendment relating to the procedures during the close-down period of an approved private program.
Section 200.10, as amended, makes a technical amendment relating to reimbursement to certain State-operated and State-supported schools for blind, deaf and severely disabled students.
Section 200.11, as amended, makes technical amendments to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.13, as amended, repeals the requirement that each student with autism receive instructional services a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six to meet his/her individual language needs.
Section 200.20, as amended, makes technical amendments to repeal the name of the office within the State Education Department office that must conduct a fiscal or program review of a preschool program applying for approval and to make a correction to the referencing of a cross citation.
Section 201.2, as amended, makes technical amendments to update Federal law citations and change the address where a copy of Controlled Substance Act may be obtained within the New York State Education Department.
Section 201.11, as amended, makes a technical amendment to the name of the State Education Department office where copies of expedited hearing decisions would be sent.
6. PAPERWORK:
The proposed amendment would require school districts to provide written notice to the Department to temporarily increase the number of students with disabilities in an integrated co-teaching services class up to a maximum of 13 students for the remainder of the school year, and to submit an application and documented educational justification to the commissioner for approval to enroll a second student in the same class.
7. DUPLICATION:
The amendment will not duplicate, overlap or conflict with any other State or federal statute or regulation.
8. ALTERNATIVES:
The Department considered retaining the current minimum level of service requirements for speech and language and for instructional services to address the language needs of students with autism, but decided that any minimum level of service requirement for such services would limit individual decision making by the CSE to make service recommendations in consideration of unique needs of the student; could result in students receiving more services than needed; could add unnecessary costs to the school district; and could exacerbate the shortage of personnel available to provide speech and language as a related service. The Department also considered providing relief from the minimum level of service requirement only after a student had received speech and language therapy as a related service for a number of years, but, in response to public comment, decided that it would be confusing to school districts and parents to do so.
For integrated co-teaching classes, the Department considered retaining its current maximum of 12 students with disabilities in an integrated co-teaching class, providing a waiver upon approval of the Department, and providing a waiver by notification. The Department decided that there could be extenuating and unanticipated situations (e.g., a student currently enrolled in an integrated co-teaching class is identified as a student with a disability after the start of the school year or a student with a disability moves into a school district after the start of the school year and needs the general education class being provided through co-teaching). Therefore, so as not to negatively impact such students' education programs, the Department determined that allowing a variance to the maximum number of students with disabilities would be appropriate when there is educational justification.
9. FEDERAL STANDARDS:
The proposed amendment does not add any requirements that would exceed any minimum federal standards. The proposed amendment will provide mandate relief to schools by amending certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal IDEA regulations and State law; and correct certain cross-citations.
10. COMPLIANCE SCHEDULE:
It is anticipated that regulated parties will be able to achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment will provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State law; and make certain technical amendments, including correction of cross citations. The proposed amendment does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no affirmative steps are needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
The proposed amendment applies to all public school districts, boards of cooperative educational services (BOCES), State-operated and State-supported schools and approved private schools in the State.
1. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements beyond those imposed by federal statutes and regulations and State law. The proposed amendment will provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State law; and make certain technical amendments, including correction of cross citations.
Section 200.2, as amended, corrects cross citations relating to apportionment of public monies; makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department; and to conform State regulations to section 3602(8) of the Education Law relating to requirements for district plans of service.
Section 200.4, as amended, makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department and to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.5, as amended, conforms State regulations to federal requirements relating to meeting notice and parent participation in CSE meetings; corrects a cross citation relating to appeal to a State review officer; and makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department; to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities; and to change the address where a State complaint would be submitted.
Section 200.6, as amended, repeals the minimum service delivery requirements for speech and language; authorizes school districts to add up to two additional students to integrated co-teaching classes; and corrects cross citations relating to apportionment of public monies. The proposed amendment requires school districts to provide written notice to the Department to temporarily increase the number of students with disabilities in an integrated co-teaching services class up to a maximum of 13 students for the remainder of the school year, and to submit an application and documented educational justification to the commissioner for approval to enroll a second student in the same class.
Section 200.9, as amended, makes a technical amendment relating to the procedures during the close-down period of an approved private program.
Section 200.10, as amended, makes a technical amendment relating to reimbursement to certain State-operated and State-supported schools for blind, deaf and severely disabled students.
Section 200.11, as amended, makes technical amendments to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.13, as amended, repeals the requirement that each student with autism receive instructional services a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six to meet his/her individual language needs.
Section 200.20, as amended, makes technical amendments to repeal the name of the office within the State Education Department office that must conduct a fiscal or program review of a preschool program applying for approval and to make a correction to the referencing of a cross citation.
Section 201.2, as amended, makes a technical amendment to update Federal law citations and change the address where a copy of Controlled Substance Act may be obtained within the New York State Education Department.
Section 201.11, as amended, makes a technical amendment to the name of the State Education Department office where copies of expedited hearing decisions would be sent.
2. PROFESSIONAL SERVICES:
The proposed amendment will provide mandate relief to school districts by amending certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal IDEA regulations and State law; and correct certain cross-citations. The proposed rule does not impose any additional professional service requirements on local governments beyond those imposed by such federal statutes and regulations and State statutes.
3. COMPLIANCE COSTS:
School districts and other local educational agencies (LEAs) are required to comply with IDEA as a condition to their receipt of federal funding. The proposed amendment does not impose any additional costs beyond those imposed by such federal statutes and regulations and State statutes. The proposed amendment will reduce costs to school districts by providing mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs. Specifically, the proposed amendment will repeal minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and authorize the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class.
4. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any new technological requirements. Economic feasibility is addressed above under compliance costs.
5. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs, beyond those imposed by such federal statutes and regulations and State statutes. The proposed amendment will reduce costs to school districts by providing mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs. Specifically, the proposed amendment will repeal minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and authorize the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class.
School districts and other LEAs are required to comply with IDEA statutes and regulations as a condition to their receipt of federal funding. The proposed conforming amendments have been carefully drafted to meet federal statutory and regulatory requirements and do not impose any additional costs or compliance requirements on these entities beyond those imposed by federal law and regulations and State statutes.
6. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. The State Education Department will be conducting public hearings in September 2010 on the proposed rule.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment will apply to all public school districts, boards of cooperative educational services (BOCES), State-operated and State-supported schools and approved private schools in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with population density of 150 per square miles or less.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional compliance requirements on rural areas beyond those imposed by federal statutes and regulations and State law. The proposed amendment will provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State law; and make certain technical amendments, including correction of cross citations. The proposed rule does not impose any additional compliance requirements upon rural areas beyond those imposed by federal statutes and regulations and State law.
Section 200.2, as amended, corrects cross citations relating to apportionment of public monies; makes technical amendments to update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department; and to conform State regulations to section 3602(8) of the Education Law relating to requirements for district plans of service.
Section 200.4, as amended, makes technical amendments update Federal law citations and change the address where a copy of federal regulations may be obtained within the New York State Education Department and to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.5, as amended, conforms State regulations to federal requirements relating to meeting notice and parent participation in CSE meetings; corrects a cross citation relating to appeal to a State review officer; and makes technical amendments to a change in address where a copy of federal regulations may be obtained within the New York State Education Department; to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities; and to change the address where a State complaint would be submitted.
Section 200.6, as amended, repeals the minimum service delivery requirements for speech and language; authorizes school districts to add up to two additional students to integrated co-teaching classes; and corrects cross citations relating to apportionment of public monies. The proposed amendment requires school districts to provide written notice to the Department to temporarily increase the number of students with disabilities in an integrated co-teaching services class up to a maximum of 13 students for the remainder of the school year, and to submit an application and documented educational justification to the commissioner for approval to enroll a second student in the same class.
Section 200.9, as amended, makes a technical amendment relating to the procedures during the close-down period of an approved private program.
Section 200.10, as amended, makes a technical amendment relating to reimbursement to certain State-operated and State-supported schools for blind, deaf and severely disabled students.
Section 200.11, as amended, makes technical amendments to conform to a recent statutory change of the name of the Office of Mental Retardation and Developmental Disabilities to the Office for People With Developmental Disabilities.
Section 200.13, as amended, repeals the requirement that each student with autism receive instructional services a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six to meet his/her individual language needs.
Section 200.20, as amended, makes technical amendments to repeal the name of the office within the State Education Department office that must conduct a fiscal or program review of a preschool program applying for approval and to make a correction to the referencing of a cross citation.
Section 201.2, as amended, makes technical amendments to update Federal law citations and change the address where a copy of Controlled Substance Act may be obtained within the New York State Education Department.
Section 201.11, as amended, makes a technical amendment to the name of the State Education Department office where copies of expedited hearing decisions would be sent.
The amendments do not impose any additional professional service requirements on rural areas, beyond those imposed by such federal statutes and regulations and State statutes.
3. COSTS:
School districts and other local educational agencies (LEAs) are required to comply with IDEA as a condition to their receipt of federal funding. The proposed amendment does not impose any additional costs beyond those imposed by such federal statutes and regulations and State statutes.
The proposed amendment will reduce costs to school districts by providing mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs. Specifically, the proposed amendment will repeal minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and authorize the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional compliance requirements or costs, beyond those imposed by such federal statutes and regulations and State statutes. The proposed amendment will reduce costs to school districts by providing mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs. Specifically, the proposed amendment will repeal minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism, and by authorizing the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class.
School districts and other LEAs are required to comply with IDEA statutes and regulations as a condition to their receipt of federal funding. The proposed conforming amendments have been carefully drafted to meet federal statutory and regulatory requirements and do not impose any additional costs or compliance requirements on these entities beyond those imposed by federal law and regulations and State statutes. Since these requirements apply to all school districts in the State, it is not possible to adopt different standards for school districts in rural areas.
5. RURAL AREA PARTICIPATION:
The proposed amendment was submitted for discussion and comment to the Department's Rural Education Advisory Committee, which includes representatives of school districts in rural areas. The State Education Department will be conducting public hearings in September 2010 on the proposed rule.
Job Impact Statement
The proposed amendment will provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform the Commissioner's Regulations to the federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State Law; and make certain technical amendments, including correction of cross citations. The proposed amendment will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required, and one has not been prepared.
