Public Hearing Announcement

The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) of the New York State Education Department will provide an opportunity for public comment on proposed amendments to State law to ensure compliance with the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446).  Attached is a brief summary of the bill.  The proposed legislation will be posted on the VESID website not later than May 19, 2006.

·       The public hearing will be conducted at three sites at the same date and time through videoconferencing.

·       Preregistration is not required.  You must bring photo identification, obtain and wear a visitor badge and follow sign-in procedures, which may include a security scanning, as required at the door.

·       If you require special accommodations such as a sign language interpreter, you must notify Carol Northrup by e-mail at cnorthru@mail.nysed.gov or by telephone at 518-473-2878 no later than May 26, 2006.

Date:  May 31, 2006

Time:  1:00 pm – 4:00 pm
 

Format of the public hearing

All individuals seeking to provide oral comment must so indicate upon room registration at the site of the hearing.  VESID requests, but does not require, that individuals wishing to make oral comments at the public hearing also provide comment in written format.  Sites open at 12:30 p.m.  Individuals wishing to provide oral comment are encouraged to arrive early.

The rules of public hearings will be reviewed and a brief summary of the proposed legislation will be provided.  Public comment from each site will follow. 

Written comment period

Written comment will be accepted for 30 days until June 16, 2006 and must be directed to:

Dr. Rebecca H. Cort

Deputy Commissioner

Office of Vocational and Educational Services for Individuals with Disabilities

Room 1606, One Commerce Plaza

Albany, New York 12234

Or by facsimile to: 518-474-8802

Summary of Proposed Legislation 

The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) of the New York State Education Department will provide an opportunity for public comment on proposed amendments to State law to comply with the Individuals with Disabilities Education Act (IDEA).  The purpose of the bill is to amend State Law to ensure compliance with IDEA, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446).  The bill proposes to:

·       Extend the provisions of Chapter 305 of the Laws of 2005 until June 30, 2007.

·       Amend section 3602-c of the Education Law relating to the provision of special education services to students parentally placed in nonpublic schools to clarify that this statute applies to New York State resident students.

·       Amend sections 4302, 4355, 4402 and 4410 of the Education Law to authorize the Commissioner to adopt regulations to the extent necessary to comply with IDEA federal regulations for a parent and school district to reach an agreement that the attendance of a committee on special education (CSE) member is not necessary or may be excused from a meeting, or that a change may be made to an individualized education program (IEP) after the annual review meeting without convening a meeting or that the three-year reevaluation of the student is not necessary.

·       Repeal the requirements in section 4403 of the Education Law relating to the identification and reports of school districts with high rates of identification of students with disabilities, low rates of declassification, high rates of placement in separate sites and significant discrepancies in identification or placement based on race/ethnicity.  These requirements have been replaced by IDEA requirements for a State Performance Plan and Annual Performance Report on these issues.

·       Amend section 4404 of the Education Law to enact a one-year statute of limitations to initiate an impartial hearing and a 90-day time period for appeal to court.

·       Amend section 4410 of the Education Law to align the due process procedures for preschool students consistent with the procedures and timelines for school-age students.

·       Amend section 4410 of the Education Law and section 2541 of the Public Health Law to allow a parent to retain his or her child in an early intervention program until the last day of the school year in which the child turns age three.

·      Amend section 372 of the Social Services Law to authorize the disclosure of parent and evaluation information to school districts as necessary to enroll the student in school.