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New York State Education Department

Rebecca H. Cort, Ed.D.,
Deputy Commissioner
Richard P. Mills, Commissioner
 
VESID Consumers

Publications - Special Education Policy

Please note: With the exception of the Procedural Safeguards Notice, Sample Due Process Complaint Form, and Sample Individualized Education Programs (IEPs) for preschool and school-age, the New York State special education publications and policy memoranda on this web site have not yet been revised to reflect the Individuals with Disabilities Education Act (IDEA) 2004 changes. Beginning July 1, 2005, school districts must implement the new requirements of IDEA as found in PL 108-446 and applicable federal regulations. In addition, existing State law and regulations must continue to be implemented to the extent consistent with federal requirements.

The most-requested publications relating to Policy and students with disabilities are available on-line: additional publications are available in paper format (see below). Please see the IDEA home page for complete information related to IDEA 2004.

Publications on-line are:

Implementation of Response to Intervention Programs - April 2008

Continuum of Special Education Services for School-Age Students with Disabilities - April 2008

Provision of Special Education Services to a Five-Six Year Old Child with a Disability Not Subject to Compulsory Attendance Requirements and Not on a Regular School Attendance Register - March 2008

New York State Laws and Regulations that Differ from Federal Requirements - March 2008

Provision of Special Education Services to Students with Disabilities who are Instructed at Home by Their Parents - January 2008

Chapter 378 of the Laws of 2007 - Guidance on Parentally Placed Nonpublic Elementary and Secondary School Students with Disabilities Pursuant to the Individuals with Disabilities Education Act (IDEA) 2004 and New York State (NYS) Education Law Section 3602-c - September 2007

Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 - August 2007 - Available in Spanish

Important New Information Affecting How Your Child Will Receive Special Education Services - July 2007

Sample State Complaint Form - December 2006

Revised Guidelines for Participation of Students with Disabilities in State Assessments for 2006-07 - August 2006

Regents Competency Test (RCT) Safety Net and 55-64 Passing Score for a Local Diploma for Students with Disabilities - July 2006

Test Access & Accommodations for Students with Disabilities - Policy and Tools to Guide Decision-Making and Implementation - May 2006

Use of Aversive or Noxious Stimuli to Reduce or Eliminate Student Behaviors -April 2006  

Guidelines and Application for approval of NEW Extended School Year (July/August)     Programs and/or Services for Eligible School Age (5-21) Students with Disabilities, July/August 2006 - February 2006

Application for Exception to the One Percent Cap on Proficient or Above Scores Based on Alternate Achievement Standards for the 2005–06 School Year - January 2006

New Requirements for Special Education Programs and Services:  Amendments to State Regulations to Implement the Individuals with Disabilities Education Act of 2004 - December 2005

Revised Sample Individualized Education Programs (IEPs)  - December 2005  

Policy and Guidelines on the Use of Time Out Rooms - December 2005

Interim Supplemental Guidelines for Participation of Students with Disabilities in State Assessments for 2005-06 - November 2005

Health, Dental and Mental Health Clinics Located on School Property

Registration of Students for the 2005–06 New York State Alternate   Assessment (NYSAA) by October 31, 2005

State Performance Plans and Annual Performance Reports

Emergency Adoption of Amendment of Section 100.2 and Parts 101, 200 and 201 of the Regulations of the Commissioner of Education to Conform to the Individuals with Disabilities Education Act (IDEA) of 2004 – Effective September 13, 2005 (September 9, 2005)

Revised Proposed Amendment of Section 100.2 and Parts 101, 200 and 201 of the Regulations of the Commissioner of Education to Conform to the Individuals with Disabilities Education Act (IDEA) of 2004 – Public Comment Period

Chapter 352 of the Laws of 2005 and requirements of the Individuals with Disabilities Education Act effective July 1, 2005 - August 2005

Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21- July 1, 2005 - July 2005

Revised Sample Due Process Complaint Notice – Effective July 1, 2005

Special Transportation for Students with Disabilities - March 2005

Application for Exception to the One Percent Cap on Proficient or Above Scores Based on Alternate Achievement Standards

Special Class Size Variances - 11/04

Changes to Law Relating to Special Education Services for Students with Disabilities in Nonpublic Schools – Chapter 474 of the Laws of 2004- 10/04

Provision of Educational Services to Youth Admitted to Programs Licensed by the New York State Office of Alcoholism and Substance Abuse Services (OASAS) - 08/04

“Supplementary School Personnel” Replaces the Term “Paraprofessional” in Part 200 of the Regulations of the Commissioner of Education - 08/04

Updated Rotational Selection List of Impartial Hearing Officers - 08/04

Legislative Amendment: Parent Member on the Committee on Special Education

Implementing Chapter 219 of the Laws of 2003: In relation to publishers or manufacturers of instructional materials for college students with disabilities to also make the materials available, at a comparable price to the printed version, in alternate format

Brochure: Resolving Concerns About Your Child's Special Education Services? (updated 6/04)

Brochure: Are you the parent of a Child with a Disability? (updated 6/04)

Extension of the Provision of Locally Selected Assessments: Supplemental Guidelines for Participation of Students with Disabilities in State Assessments- 6/04

Clarification of the Use of Teachers of the Speech and Hearing Handicapped Working for §4410 Programs - June 2004

Handbook on Services to Pupils Attending Nonpublic Schools (Publication available from Office of Elementary, Middle, Secondary and Continuing Education)

Amendment to Section 200.5 of the Regulations of the Commissioner of Education

Extension of the RCT Safety Net for Students with Disabilities

A New Scheduling Option Available to Schools Administering State Examinations to High School Students with Disabilities — Effective January 2004 (10/03)

Procedural Safeguards for Students with Disabilities: Judicial Review of a Written Decision of a State Review Officer

Providing copies of the individualized education programs (IEPs) for students with disabilities (amendments to sections 200.2, 200.4 and 200.16 of the Regulations of the Commissioner of Education)

Parental Consent for the Initial Provision of Special Education Services - July 2003

Planning for Instructional Space for Students with Disabilities: District Plans and the Special Education Space Requirements Plans - June 2003

Extension of the Locally Selected Assessment Option to 2003-04 - April 2003

Amendments to sections 200.2, 200.4 and 200.16 in relation to providing teachers and other service providers with a copy of a student’s individualized education program (IEP)

Guidelines and Application for Approval of NEW Extended School Year (July/August) Programs and/or Services for Eligible School Age (5-21) Students with Disabilities, July/August 2003

Sample Individualized Education Program (IEP) and Guidance Document -December 2002

Identification of Students Eligible for the NYSAA

Chapter 408 of the Laws of 2002 in relation to providing teachers and other service providers with a copy of a student's individualized education program- (9/02)

Parts 200 and 201 of the Commissioner's Regulations(6/02)

Actual September 2002-June 2003 Operational Dates of Service for School Age Programs in Approved In-State and Out-of-State Private Schools and Special Act School Districts for Students with Disabilities. Ages 5-21 - 5/02

Amendment to Section 200.2 of the Regulations of the Commissioner Implementing Chapter 377 of the Laws of 2001: Plans to Provide Instructional Materials in Alternative Formats for Students with Disabilities - (5/02)

A Parent's Guide to Special Education - (4/02)

Educación Especial  en el Estado de Nueva York
para niños de 3 a 21 Años Guía para los padres

Supplemental Guidelines for Participation of Students with Disabilities in State Assessments: Locally Selected Assessments - (3/02)

New Procedures for Impartial Hearing Officers (IHOs)

Changes in Allowable Testing Accommodations on Elementary and Intermediate-Level Tests, Effective September 2002 (2/02)

Individual Evaluations and Eligibility Determinations for Students with Disabilities (Revised January 2002)

Amendments to the Regulations of the Commissioner of Education Relating to Special Education – Effective January 10, 2002

Impartial Hearing Process for Students with Disabilities (12/01)

The State Alternate Assessment for Students with Severe Disabilities (Brochure) rev. 1/03

Compensation Rates for Impartial Hearing Officers Pursuant to Section 200.21 of the Regulations of the Commissioner

Autism Program Quality Indicators (8/01)

Amendments to Sections 200.1, 200.2, 200.5 and 200.21 of the Regulations of the Commissioner of Education Relating to the Impartial Hearing Process for Students with Disabilities (7/01)

Extension of the Safety Net for Students with Disabilities - (6/01)

Amendments to Sections 200.4 and 200.7 of the Regulations of the Commissioner (5/01)

Safety Net has been Extended - What you Need to Know

Actual September 2001-June 2002 Operational Dates of Service for School Age Programs in Approved Private Schools and Special Act School Districts for Students with Disabilities. Ages 5-21 - 6/01

The State Alternate Assessment for Students with Severe Disabilities (Memo) 3/01

Discipline Procedures for Students with Disabilities - (1/2001)

Special Education Mediation - Real Solutions Where Everybody Wins (9/00)

Chapter 60 of the Laws of 200 Relating to Special Class Sizes for Students with Disabilities - 6/00

Amendments to Conform New York State Education Law to the Individuals with Disabilities Education Act - 12/99

Guidelines on Implementation of Specially Designed Reading Instruction to Students with Disabilities and Clarification About "Lack of Instruction" in Determining Eligibility for Special Education - 5/99

Guidance on Functional Behavioral Assessments for Students with Disabilities - 7/98

Request for Due Process Proceedings - 11/98

Least Restrictive Environment Policy Paper - 5/98

Guidance on Implementation of the Reauthorization of the Individuals with Disabilities Education Act - January 1998

Certification and Licensing of Bilingual Special Education Professionals - June 1997

Psychologist/Interpreter Work Standards for Conducting Bilingual Evaluations

Clarification of the Use of Teachers of the Speech and Hearing Handicapped - 11/95

Use of Teachers of the Speech and Hearing Handicapped as Independent Contractors - 7/95

Traumatic Brain Injury: A Guidebook for Educators (1995)

Implementation of Chapter 600 of the Laws of 1994 Regarding Students with Disabilities At Risk of or In Residential School Placements (03/95)- PDF format only

Test Access and Modification For Individuals with Disabilities - 1995 (Includes addendum - Administration of State Examinations Over Multiple Days - March 2005)

Traumatic Brain Injury: A Guidebook for Educators (1995) PDF Format

New York State Guidelines for Educational Interpreting (1994)  (Click here for PDF Format)

Policy and Guidelines on the Use of Time Out Rooms - April 1994 - PDF Format only

The following publications are available in paper format only. You may request them by e-mail to VESIDSPE@mail.nysed.gov.

Braille Instruction for Students Who are Blind or Visually Impaired - 4/98

Questions and Answers on the Provision of Nursing Tasks and Health-Related Activities in the School Setting for Students with Special Care Needs - 3/98 

The Role of the Board of Education in Implementing a Student's Individualized Education Program and Special Education Timelines - 11/96

High School Course Credit for Students with Disabilities and Clarification of Certification Requirements for Teachers Providing Education to Students with Disabilities in Academic Content/Subject Area - 10/96

The Provision of Extended School Year Programs for Students with Disabilities in Integrated Settings - 8/96

Education Responsibilities for School-Age Children in Residential Care - 6/96

United States Department of Education Policy Regarding Obligations of States and School Districts to Disabled Students and their Parents in Interstate Transfer Situations - 1/96

 

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