Memo is available in PDF format for Printing

August 2007

TO:	District Superintendents
	Superintendent of Schools
	Presidents of Boards of Education
	Superintendents of State-Operated and State-Supported Schools
	Executive Directors of Approved Private Schools
	New York City Board of Education
	Organizations, Parents and Individuals Concerned with Special Education
	Commissioner's Advisory Panel for Special Education Services
	SETRC Project Directors and Professional Development Specialists
	Regional School Support Centers
	Impartial Hearing Officers
	Mediators
	Other State Agencies
FROM:	James P. DeLorenzo
SUBJECT:	Chapter 378 of the Laws of 2007: Conforming State Law to Meet the Requirements of the 2004 Reauthorization of the Individuals with Disabilities Education Act

New York State (NYS) Education Law has been amended, effective June 30, 2007, by Chapter 378 of the Laws of 2007 to conform to the Individuals with Disabilities Education Act (IDEA 2004) and the final federal regulations to implement IDEA 2004.  A copy of Chapter 378 is attached.  In addition to extending the provisions of Chapter 352 of the Laws of 2005 and Chapter 430 of the Laws of 2006, Chapter 378 also includes amendments relating to:

• students with disabilities attending Charter Schools;
• students with disabilities enrolled in nonpublic schools by their parents;
• definitions of “related services” and “transition”;
• agreements between a parent and a school district regarding:
• attendance of committee on special education (CSE) or committee on preschool special education (CPSE) members at meetings to develop a student's individualized education program (IEP);
• changes to an IEP after the annual review meeting; and
• three-year reevaluations.
• who can make a referral for an initial evaluation for special education services; and
• due process procedures.

Additional guidance regarding these changes will be issued in the fall. To ensure dissemination to appropriate individuals within a school district, I request Superintendents to please share this memorandum with other individuals such as Building Principals, Directors of Special Education, School Psychologists, CSE and CPSE Chairpersons, Guidance Counselors and Directors of Pupil Personnel. Questions regarding this memorandum may be directed to the Special Education Policy Unit at 518-473-2878.

Attachment - Laws of New York - 2007, Chapter 378