Public Hearing Annoucement - Chapter 323 and Mandate Relief

The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) of the New York State Education Department (NYSED) has scheduled three public hearings to seek public comment on:

Proposed amendments to Part 200 of the Regulations of the Commissioner of Education relating to special education services; and
Draft proposals relating to special education which may result in administrative relief and/or cost savings to school districts.
Other proposed changes to State law or regulations relating to preschool special education.

The proposed amendment conforms the Regulations of the Commissioner of Education to the amended federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) relating to revocation of parental consent for special education services; conforms section 200.15 requirements relating to child abuse in a residential setting to Chapter 323 of the New York State (NYS) Laws of 2008; adds a definition of declassification support services; and makes certain technical amendments, including correction of cross citations. The regulations were discussed at the March 2009 Regents meeting and are scheduled for action at the June 2009 Regents meeting. A copy of the proposed rule may be accessed at: http://www.vesid.nysed.gov/specialed/timely.htm.

Written public comment on the proposed regulations will be accepted for 45-days after its publication in the April 8, 2009 issue of the NYS Register (must be received by May 26, 2009). Written comments may be submitted to: VESID, Special Education Policy, Room 1624, One Commerce Plaza, Albany, New York 12234, Attention: Public Comment - Proposed Amendment. Comments may also be faxed to 518-473-5387 or emailed to vesidspe@mail.nysed.gov. We request that written public comment be provided using the Public Comment Submission Sheet – Proposed Amendment.

VESID is seeking comment on four areas for mandate relief proposals relating to special education.

Special Education Space Requirements Plans: Repeal of the Special Education Space Plan requirements, while retaining the requirement that the Boards of Cooperative Educational Services (BOCES) ensure the stability of placements of students with disabilities.
Statute of Limitations in Due Process Hearings: Retain the two year statute of limitations to request an impartial due process hearing, with a requirement that a request for a hearing to seek tuition reimbursement for a unilateral private school placement must be made within 180 days of the student’s placement in the private school.
July/August Parental Consent: Repeal the requirement for written consent of the parent for a student with a disability for the initial provision of special education services during the months of July and August.
Minimum Level of Service Requirements: Amend the minimum level of service requirement for speech and language related services from two 30-minute sessions per week to one hour a week at a frequency and duration as determined by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) and to authorize the CSE or CPSE to recommend less than one hour per week only for students who have received speech and language services for one year or more and continue to need such services to support generalization of learned skills.

Preschool Timeline: Align the timelines for preschool evaluations and individualized education program (IEP) implementation consistent with school-age timelines.

Written comments on the other proposed changes to State law and/or regulations will be accepted until May 26, 2009 and may be submitted to: VESID, Special Education Policy, Room 1624, One Commerce Plaza, Albany, New York 12234, Attention: Public Comment – Other Proposed Changes. Comments may also be faxed to 518-473-5387 or emailed to vesidspe@mail.nysed.gov. We request that written public comment be provided using the Public Comment Submission Sheet – Other Proposed Changes.

	Binghamton	Albany	New York City*
Date	April 27, 2009	May 11, 2009	May 12, 2009
Time	2:30 p.m. – 5:00 p.m.	2:30 p.m. – 5:00 p.m.	2:30 p.m. – 5:00 p.m.
Location	VESID Binghamton District Office 44 Hawley Street 7th Floor Binghamton, NY 13901 Room Capacity: 30 Directions: http://www.vesid.nysed.gov/ southerntier/directions.htm#binghamton	East Greenbush Community Library 10 Community Way Conference Room A & B East Greenbush, NY 12061 Room Capacity: 38 Directions: http://www.eastgreenbushlibrary.org/ about.asp#directions	VESID Queens District Office 59-17 Junction Blvd. 20th Floor Corona, NY 11368 Room Capacity: 30 Directions: http://www.vesid.nysed.gov/ queens/directions.htm

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 material in an alternative format) should notify Tim Knapik at (518) 486-7462 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 4:30 p.m. and 5:00 p.m. must arrive and register no later than 4:30 p.m.
Please check the following VESID website prior to the meeting dates for additional information and any changes regarding these meetings: http://www.vesid.nysed.gov/specialed/timely.htm

Questions regarding the public hearings may be directed to Tim Knapik at (518) 486-7462 and questions regarding the proposed regulations may be directed to Alison Conners at (518) 473-2878.