* The Leroy and New York City public hearings will be conducted by videoconference.
• Pre-registration is not required.
• The meeting rooms are accessible to individuals with disabilities. Individuals who need accommodations for a disability in order to attend the meeting (i.e., interpreting services and/or material in an alternative format) should notify the Office of Special Education at (518) 473-2878 no later than two weeks before the scheduled meeting date.
• You must bring photo identification and follow sign-in procedures, which may include a security scanning, as required at the door.
• Individuals may register to provide comment at the door on a first-come, first-served basis. Comments can be oral or written. Written comments that accompany oral remarks are optional.
• Participants wishing to provide comment between 4:45 p.m. and 5:00 p.m. must arrive and register no later than 4:45 p.m.
• Please check the following website prior to the meeting dates for additional information and any changes regarding these meetings: http://www.p12.nysed.gov/specialed/timely.htm
• Questions regarding the public hearings or the proposed regulations may be directed to Alison Conners or Suzanne Corey at (518) 473-2878.
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.
Text of proposed rule:
1. Subparagraph (i) of paragraph (11) of subdivision (b) of section 200.2 of the Regulations of the Commissioner of Education is amended, effective January 2, 2013, as follows:
(i) each regular education teacher, special education teacher, related service provider and/or other service provider, as defined in clause (a) of this subparagraph, who is responsible for the implementation of a student's individualized education program (IEP) is provided a paper or electronic copy of such student's IEP, including amendments to the IEP, made pursuant to section 200.4(g) of this Part, prior to the implementation of such program or shall be able to access such student's IEP electronically. If the policy provides that students' IEPs are to be accessed electronically, then such policy shall also ensure that the individuals responsible for the implementation of a student's IEP shall be notified and trained on how to access such IEPs electronically:
(a) . . .
2. Subparagraph (viii) of paragraph (1) of subdivision (a) of section 200.3 of the Regulations of the Commissioner of Education is amended, effective January 2, 2013, as follows:
(viii) an additional parent member of a student with a disability residing in the school district or a neighboring school district, provided that the additional parent member may be the parent of a student who has been declassified within a period not to exceed five years or the parent of a student who has graduated within a period not to exceed five years[. Such parent is not a required member if the parents of the student request that the additional parent member not participate in the meeting], if specifically requested in writing by the parent of the student, the student or by a member of the committee at least 72 hours prior to the meeting;
3. Subparagraph (i) of paragraph (3) of subdivision (e) of section 200.4 of the Regulations of the Commissioner of Education is amended, effective January 2, 2013, as follows:
(i) ensuring that each regular education teacher, special education teacher, related service provider, and/or other service provider, as defined in section 200.2(b)(11)(i)(a) of this Part, who is responsible for the implementation of a student's IEP, is provided a paper or electronic copy of the IEP prior to the implementation of such IEP or shall be able to access such student's IEP electronically. If the board of education or board of trustees adopts a policy that the student's IEP is to be accessed electronically, then such policy shall also ensure that the individuals responsible for the implementation of a student's IEP shall be notified and trained on how to access such IEPs electronically;
4. Subparagraphs (iv) and (v) of paragraph (2) of subdivision (c) of section 200.5 of the Regulations of the Commissioner of Education are amended, effective January 2, 2013, as follows:
(iv) for meetings of the committee on special education, inform the parent(s) of his or her right to request, in writing at least 72 hours before the meeting, the presence of the school physician member and an additional parent member of the committee on special education at any meeting of such committee pursuant to section 4402(1)(b) of the Education Law and include a statement, prepared by the State Education Department, explaining the role of having the additional parent member attend the meeting;
(v) for meetings of the committee on preschool special education, inform the parent(s) of his or her right to decline, in writing, the participation of the additional parent member at any meeting of such committee pursuant to section [4402(1)(b)] 4410(3)(a)(1)(v) of the Education Law;
Text of proposed 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
Data, views or arguments may be submitted to:
James P. DeLorenzo, Assistant Commissioner P-12, State Education Department, Office of Special Education, State Education Building, Room 309, 89 Washington Ave., Albany, NY 12234, (518) 402-3353, email: spedpubliccomment@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
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 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 276 of the Laws of 2012 amended section 4402 of the Education Law in relation to the additional parent member of committees on special education (CSE).
Chapter 279 of the Laws of 2012 amended section 4402 of the Education Law in relation to providing teachers and related and other service providers with electronic access to students' individualized education programs (IEPs).
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the New York State Laws of 2012, which became effective August 1, 2012.
NEEDS AND BENEFITS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the New York State Laws of 2012.
Chapter 276 amends Education Law section 4402 to provide that the additional parent member of a CSE need not be in attendance at any CSE meeting unless specifically requested by the parent, the student or the district in writing at least 72 hours prior to the meeting. The law further requires that parents receive proper written notice of their right to have an additional parent member attend any CSE meeting along with a statement, prepared by the State Education Department, explaining the role of having the additional parent attend the meeting. No changes were made regarding additional parent membership on a Committee for Preschool Special Education.
Chapter 279 amends Education Law section 4402 to allow school districts the option of giving teachers, related service providers and other service providers access to a student's IEP electronically. If the school district's policy provides that a student's IEP is to be accessed electronically, the policy must also ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access such IEP electronically.
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 is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012, and does not impose any additional costs beyond those imposed by federal and State statutes and regulations.
LOCAL GOVERNMENT MANDATES:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012 and does not impose any additional program, service, duty or responsibility upon local governments beyond those imposed by federal and State statutes and regulations.
Consistent with Chapter 276, section 200.3(a)(1)(iii) is amended to repeal the provision that the additional parent member is a required member of the CSE unless the parents of the student request that he/she not participate in the meeting; and add that the additional parent member of the CSE would be a required member of the CSE if requested by the parent, the student or the district in writing at least 72 hours prior to the meeting. Section 200.5(c)(2)(v) is amended to provide that the meeting notice for CSE meetings must inform parents of their right to request, in writing at least 72 hours prior to the meeting, the attendance of an additional parent member at any CSE meeting and that the meeting notice must include a statement, prepared by the State Education Department, explaining the role of having the additional parent attend the meeting. Section 200.5(c)(2)(vi) is revised to clarify that a parent's right to decline the participation of the additional parent member pertains only to meetings of the committee on preschool special education; and corrects a cross reference to Education Law.
Consistent with Chapter 279, section 200.2(i)(11)(i) is amended to provide that, in lieu of providing a paper of electronic copy of the IEP, school district policy may provide that student's teachers, related service providers and other service providers have access to a copy of student's IEP electronically; and that if the policy provides that the IEP is to be accessed electronically, the policy must ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access the IEP electronically. Section 200.4(e)(3)(i) is amended to provide that school districts may allow a student's teachers, related service providers and other service providers to access a student's IEP electronically; provided that if a school district adopts a policy that provides that a student's IEP is to be accessed electronically, such policy must also ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access such IEP electronically.
PAPERWORK:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012, and does not impose any additional paperwork requirements. While Chapter 276 of the Laws of 2012 added a requirement that school districts notify parents of their right to request the attendance of the additional parent member at any CSE meeting and to include a statement prepared by NYSED explaining the role of the additional parent member, the proposed amendment implements the statute by adding these requirements to the State's existing mandatory meeting notice. Therefore, there would be no additional paperwork requirements imposed on districts since districts must currently use the meeting notice form prescribed by the Commissioner.
Consistent with the requirements of Chapter 279 of the Laws of 2012, the proposed amendment would allow districts the option of providing a student's teachers, related service providers and other service providers with electronic access to the student's IEP, which may result in a reduction of paperwork requirements.
DUPLICATION:
The proposed amendment will not duplicate, overlap or conflict with any other State or federal statute or regulation, and is necessary to implement Chapters 276 and 279 of the Laws of 2012.
ALTERNATIVES:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012, and there are no significant alternatives and none were considered.
FEDERAL STANDARDS:
The proposed amendment is necessary to conform the Commissioner's Regulations to recent changes in State statute and does not exceed any minimum federal standards.
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 is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012, relating to, respectively, the additional parent member of a committee on special education (CSE) and authorizing electronic access to students' individualized education programs (IEP). 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 rule 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), charter schools, State-operated and State-supported schools, special act school districts and approved private schools.
1. COMPLIANCE REQUIREMENTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012, which became effective August 1, 2012, and does not impose any additional compliance requirements beyond those imposed by federal statutes and regulations and State law.
Consistent with Chapter 276, section 200.3(a)(1)(iii) is amended to repeal the provision that the additional parent member is a required member of the CSE unless the parents of the student request that he/she not participate in the meeting; and add that the additional parent member of the CSE would be a required member of the CSE if requested by the parent, the student or the district in writing at least 72 hours prior to the meeting. Section 200.5(c)(2)(iv) is amended to provide that the meeting notice for CSE meetings must inform parents of their right to request, in writing at least 72 hours prior to the meeting, the attendance of an additional parent member at any CSE meeting and that the meeting notice must include a statement, prepared by the State Education Department, explaining the role of having the additional parent attend the meeting. Section 200.5(c)(2)(v) is revised to clarify that a parent's right to decline the participation of the additional parent member pertains only to meetings of the committee on preschool special education; and corrects a cross reference to Education Law.
Consistent with Chapter 279, section 200.2(i)(11)(i) is amended to provide that, in lieu of providing a paper of electronic copy of the IEP, school district policy may provide that student's teachers, related service providers and other service providers have access to a copy of student's IEP electronically; and that if the policy provides that the IEP is to be accessed electronically, the policy must ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access the IEP electronically. Section 200.4(e)(3)(i) is amended to provide that school districts may allow a student's teachers, related service providers and other service providers to access a student's IEP electronically; provided that if a school district adopts a policy that provides that a student's IEP is to be accessed electronically, such policy must also ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access such IEP electronically.
2. PROFESSIONAL SERVICES:
The proposed amendment is necessary to conform the Commissioner's Regulations to recent changes in NYS Education Law and does not impose any additional professional service requirements on local governments.
3. COMPLIANCE COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012 and does not impose any additional costs beyond those imposed by such federal statutes and regulations and State statutes.
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 is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012. The proposed amendment has been carefully drafted to meet State statutory requirements and does not impose any additional costs or compliance requirements on local governments beyond those imposed by federal law and regulations and State statutes. While Chapter 276 of the Laws of 2012 added a requirement that school districts notify parents of their right to request the attendance of the additional parent member at any CSE meeting and to include a statement prepared by NYSED explaining the role of the additional parent member, the proposed amendment implements the statute by adding these requirements to the State's existing mandatory meeting notice. Therefore, there would be no additional paperwork requirements imposed on districts since districts must currently use the meeting notice form prescribed by the Commissioner.
Consistent with the requirements of Chapter 279 of the Laws of 2012, the proposed amendment would allow districts the option of providing a student's teachers, related service providers and other service providers with electronic access to the student's IEP, which may result in a reduction of paperwork requirements.
6. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment have been provided to District Superintendents and the chief officers of the Big 5 city school districts with the request that they distribute them to school districts within their supervisory districts for review and comment. NYSED will be conducting public hearings on the proposed amendments in October 2012.
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), charter schools, State-operated and State-supported schools, special act school districts 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 is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the New York State (NYS) Laws of 2012, which became effective August 1, 2012, and does not impose any additional reporting, recordkeeping or other compliance requirements, or professional service requirements, on entities in rural areas.
Consistent with Chapter 276, section 200.3(a)(1)(iii) is amended to repeal the provision that the additional parent member is a required member of the CSE unless the parents of the student request that he/she not participate in the meeting; and add that the additional parent member of the CSE would be a required member of the CSE if requested by the parent, the student or the district in writing at least 72 hours prior to the meeting. Section 200.5(c)(2)(iv) is amended to provide that the meeting notice for CSE meetings must inform parents of their right to request, in writing at least 72 hours prior to the meeting, the attendance of an additional parent member at any CSE meeting and that the meeting notice must include a statement, prepared by the State Education Department, explaining the role of having the additional parent attend the meeting. Section 200.5(c)(2)(v) is revised to clarify that a parent's right to decline the participation of the additional parent member pertains only to meetings of the committee on preschool special education; and corrects a cross reference to Education Law.
Consistent with Chapter 279, section 200.2(i)(11)(i) is amended to provide that, in lieu of providing a paper of electronic copy of the IEP, school district policy may provide that student's teachers, related service providers and other service providers have access to a copy of student's IEP electronically; and that if the policy provides that the IEP is to be accessed electronically, the policy must ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access the IEP electronically. Section 200.4(e)(3)(i) is amended to add that school districts may allow a student's teachers, related service providers and other service providers to access a student's IEP electronically; provided that if a school district adopts a policy that provides that a student's IEP is to be accessed electronically, such policy must also ensure that the individuals responsible for the implementation of the IEP are notified and trained on how to access such IEP electronically.
3. COSTS:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012 and does not impose any additional costs beyond those imposed by federal statutes and regulations and State statutes.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and 279 of the Laws of 2012. The proposed amendment has been carefully drafted to meet State statutory requirements and does 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.
While Chapter 276 of the Laws of 2012 added a requirement that school districts notify parents of their right to request the attendance of the additional parent member at any CSE meeting and to include a statement prepared by NYSED explaining the role of the additional parent member, the proposed amendment implements the statute by adding these requirements to the State's existing mandatory meeting notice. Therefore, there would be no additional paperwork requirements imposed on districts since districts must currently use the meeting notice form prescribed by the Commissioner.
Consistent with the requirements of Chapter 279 of the Laws of 2012, the proposed amendment would allow districts the option of providing a student's teachers, related service providers and other service providers with electronic access to the student's IEP, which may result in a reduction of paperwork requirements.
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. NYSED will be conducting public hearings on the proposed amendments in October 2012.
Job Impact Statement
The proposed amendment is necessary to conform the Commissioner's Regulations to Chapters 276 and Chapter 279 of the Laws of 2012 relating to, respectively, the additional parent member of a committee on special education (CSE) and authorizing electronic access to students' individualized education programs (IEP). 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.
