February 2003

Attached are amendments to the Regulations of the Commissioner of Education relating to providing copies of IEPs. These regulations implement section 4402.7 of the Education Law as added by Chapter 408 of the Laws of 2002. The Board of Regents adopted these rules through emergency action, effective February 18, 2003, at its February 10-11, 2003 meeting.

Public comment on the revised regulations will be accepted until March 7, 2003. Further guidance will be issued when regulations are adopted on a permanent basis. Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878.

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

                    Pursuant to sections 101, 207, 4402, 4403 and 4410 of the Education Law and Chapter 408 of the Laws of 2002.

                    1. Subdivision (b) of section 200.2 of the Regulations of the Commissioner of Education is amended, effective February 18, 2003, by the addition of a new paragraph (11), to read as follows:

                    (11) establishes administrative practices and procedures to ensure that:

                    (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 prior to the implementation of such program.

                  (a) For purposes of this paragraph, "other service provider" means a representative of another public school district, charter school, board of cooperative educational services (BOCES) or school enumerated in articles 81, 85 or 89 of the Education Law where the student receives or will receive IEP services.

                    (ii) any copy of a student’s IEP provided pursuant to this paragraph shall remain confidential and shall not be disclosed to any other person, in accordance with paragraph (6) of this subdivision; and

                    (iii) the chairperson of the committee on special education designates for each student one, or as appropriate, more than one professional employee of the school district with knowledge of the student’s disability and education program to, prior to the implementation of the IEP, inform each regular education teacher, special education teacher, related service provider, other service provider, paraprofessional, as defined in section 200.1(hh) of this Part, and other provider and support staff person of his or her responsibility to implement the recommendations on a student’s IEP, including the responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP.

                    2. Paragraph (3) of subdivision (e) of section 200.4 of the Regulations of the Commissioner of Education is repealed and a new paragraph (3) added, effective February 18, 2003, as follows:

                    [(3) . . . .]

                    (3) The school district shall ensure that the recommendations on a student’s IEP are implemented, including but not limited to:

                    (a) ensuring that each regular education teacher, special education teacher, related service provider, and/or other service provider, as defined in section 200.2(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;

                    (b) ensuring that a paraprofessional, as defined in section 200.1(hh) of this Part, and each other provider responsible for assisting in the implementation of a student’s IEP, has the opportunity to review a copy of the student's IEP, prior to the implementation of such program, and has ongoing access to a copy of the IEP, which may be the copy provided to the student's special education teacher or the teacher or related service provider under whose direction such paraprofessional or other provider works;

                    (c) ensuring that each regular education teacher, special education teacher, related service provider, other service provider, paraprofessional as defined in section 200.1(hh) of this Part, and other provider and support staff person has been informed, prior to the implementation of the IEP, of his or her responsibility to implement the recommendations on the student’s IEP, including the responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP; and

                    (d) ensuring that a copy of the IEP is provided to the student’s parents at no cost to the student’s parents.

                    3. Paragraph (6) of subdivision (e) of section 200.16 of the Regulations of the Commissioner of Education is added, effective February 18, 2003, as follows:

                    (6) The IEP of a preschool student with a disability shall be implemented in accordance with section 200.4(e)(1)(i), (3), (4) and (7) of this Part, except that during the pendency of proceedings conducted pursuant to paragraphs (9) and (10) of subdivision (g) of this section, the placement of a preschool student shall be as provided in paragraph (3) of subdivision (g) of this section.