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Special Ed. Cost Containment Hearings

Announcement of Public Hearings
The New York State Education Department’s (NYSED) Office of Special Education 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 programs and services for students with disabilities. The purpose of the proposed amendment is to provide mandate relief to schools in certain areas of special education that exceed federal requirements; conform State regulations to federal regulations (34 CFR Part 300) that implement the Individuals with Disabilities Education Act (IDEA) and State Law; and correct certain cross citations.

The proposed amendment would provide mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students’ individual needs by:

•repealing the minimum service delivery requirements for speech and language;
•authorizing school districts to add up to two additional students to integrated co-teaching classes; and
•repealing the requirement that each student with autism receive instructional services to meet his/her individual language needs at a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six.
The proposed amendment would also conform State regulations to federal requirements relating to meeting notice and parent participation in CSE meetings and to State statutory language relating to district plans of service for special education.

It is anticipated that the proposed amendments will be submitted for adoption at the November 2010 Board of Regents meeting with a proposed effective date of December 8, 2010. A Notice of Proposed Rule Making will be published in the State Register August 18, 2010. A copy of the proposed rule may be accessed at: http://www.emsc.nysed.gov/specialed/timely.htm

Written public comment on the proposed regulations will be accepted for 45-days after its publication in the August 18, 2010 issue of the NYS Register (must be received by October 4, 2010). Written comments may be submitted to: New York State Education Department (NYSED), Office of Special Education, Room 1624, One Commerce Plaza, Albany, New York 12234, Attention: Public Comment – Proposed Regulations. Comments may also be faxed to 518-473-5387 or emailed to spedpubliccomment@mail.nysed.gov. We request that written public comment be provided using the Public Comment Submission Sheet.

The public hearing session for NYC is scheduled as follows:

New York City*
September 16, 2010
2:00 p.m. – 5:00 p.m.
VESID – Adult Vocational Rehabilitation Services
Manhattan District Office
116 West 32nd Street
5th Floor Conference Room
New York, NY 10001
Room Capacity: 50 (approx.)
Directions: http://www.vesid.nysed.gov/manhattan/directions.htm

* The Leroy and New York City public hearings will be conducted by videoconference.

•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/or 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 website prior to the meeting dates for additional information and any changes regarding these meetings:http://www.emsc.nysed.gov/specialed/timely.htm
Last Updated: August 4, 2010 Contact
University of the State of New York – New York State Education Department