September 2002

TO:	District Superintendents
	Presidents of Boards of Education
	Superintendents of Schools
	Superintendents of State-Operated and State-Supported Schools
	Superintendents of Special Act Schools
	School Principals
	Charter Schools
	Organizations, Parents & Individuals Concerned with Special Education
	Directors of Special Education
	Chairpersons of Committees on Special Education
	Chairpersons of Committees on Preschool Special Education
	Commissioner's Advisory Panel for Special Education Services
	SETRC Professional Development Specialists
	Other State Agency Programs
	Regional School Support Centers
	Impartial Hearing Officers
FROM:	Lawrence C. Gloeckler
SUBJECT:	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

Chapter 408 of the Laws of 2002, which becomes effective on December 11, 2002, requires each public school and Charter School to adopt a policy that:

• ensures that each regular education teacher, special education teacher and related service provider, and other service providers who are responsible for the implementation of a student’s individualized education program (IEP) be given a copy of the student’s IEP prior to the implementation of the student’s special education program;
• requires that any copy of a student’s IEP remain confidential and can not be redisclosed to any other person; and
• requires the chairperson of the Committee on Special Education to designate a 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 teacher, assistant and support staff person of his or her responsibility relating to the implementation of the IEP and the specific accommodations, modifications and supports that must be provided for the student in accordance with the IEP.

A copy of Chapter 408 of the Laws of 2002 is attached. Amendments to the Regulations of the Commissioner of Education will be proposed to implement this law.

Questions regarding this law may be directed to the Special Education Policy Unit at (518) 473-2878 or to your Special Education Quality Assurance Regional Office at:

Central New York Regional Office	(315) 428-3287
Eastern Regional Office	(518) 486-6366
Hudson Valley Regional Office	(914) 245-0010
Long Island Regional Office	(631) 884-8530
New York City Regional Office	(718) 722-4544
Western Regional Office	(585) 344-2112, ext. 420

Chapter 408 of the Laws of 2002