THE STATE EDUCATION DEPARTMENT
THE UNIVERSITY OF THE STATE OF NEW YORK
ALBANY, NY 12234

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March 2008

TO:	District Superintendents
	Superintendents of Schools
	Presidents of Boards of Education
	New York City Board of Education
	Principals of Public Schools
	Directors of Pupil Personnel Services
	Administrators of Nonpublic Elementary and Secondary Schools
	Organizations, Parents and Individuals Concerned with Special Education
	Impartial Hearing Officers
	Commissioner’s Advisory Panel for Special Education Services
	SETRC Professional Development Specialists
	Regional School Support Centers
FROM:	James P. DeLorenzo
SUBJECT:	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

The purpose of this memorandum is to clarify the responsibility of the Committee on Special Education (CSE) to provide special education services to a child with a disability under the age of seven who is eligible for school-age services, not subject to compulsory attendance requirements and not on a regular school attendance register for school-age children. These are children with disabilities determined by the CSE to be eligible for school-age special education services who are no longer eligible for preschool special education services, are not parentally placed in a nonpublic elementary school and are not being home schooled pursuant to section 100.10 of the Regulations of the Commissioner of Education.   

If a parent of a child who meets the above criteria elects not to enroll his/her child with a disability in the public school until the child is of compulsory school age, the CSE of the child’s school district of residence is responsible to develop an individualized education program (IEP) and offer special education services to the child. The site where the services are to be provided would be determined by the Board of Education. In accordance with section 200.6(m)(3) of the Regulations of the Commissioner of Education, such children are “deemed enrolled” for the purpose of claiming State aid for the provision of special education and related services in accordance with section 4401(2) of the Education Law as recommended by the CSE of the child’s school district of residence.

Please share this memorandum with appropriate staff, including Directors of Special Education, CSE Chairpersons, Directors of Pupil Personnel Service and Principals. Questions regarding this memorandum may be directed to the Special Education Policy Unit at 518-473-2878 or to the Special Education Quality Assurance (SEQA) Office at:

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