Archived Alerts

• Authority of School Districts to Contract for Services
  A new memorandum has been released by the State Education Department clarifying the authority of school districts to contract for services. This applies to students with and without disabilities. For complete information, please see: http://www.emsc.nysed.gov/contractsforinstruction.pdf
  
  
• New Special Education Parent Technical Assistance Centers in NYS
  Announcement of the addition of 11 new Special Education Parent Technical Assistance Centers (TACs) across New York State (NYS), including five (5) centers in New York City (one per borough) and six (6) additional centers throughout the upstate region. http://www.vesid.nysed.gov/specialed/publications/policy/parentcenter309.htm
  
• Conforming State Law to Meet the Requirements of the 2004
  Reauthorization of IDEA
  New York State Education Law has been amended, effective July 1, 2009, by Chapter 206 of the Laws of 2009 to continue those provisions of State law necessary to implement IDEA 2004.  Chapter 206 of the Laws of 2009 does not result in any changes to Education Law. For complete information, please see:
  http://www.vesid.nysed.gov/specialed/publications/lawsandregs/chap206memo.htm
  
  
• New Requirements for Special Education Programs and Services
  The Board of Regents recently approved for permanent adoption the amendment to sections 200.1, 200.2, 200.4, 200.5, 200.6, 200.9 and 200.15. These are effective July 16, 2009.  The amendments conform State regulations to federal regulations (34 CFR Part 300) relating to revocation of parent consent for special education and related services; conform State regulations to New York State (NYS) Social Services Law and Mental Hygiene Law, as amended by Chapter 323 of the Laws of 2008, relating to procedures for prevention of abuse, maltreatment or neglect of students; and make certain technical amendments, including correction of cross citations.  http://www.vesid.nysed.gov/specialed/publications/lawsandregs/amends609.htm
  
  
• New York State Laws and Regulations that Differ from Federal Requirements
  Pursuant to 20 United States Code (U.S.C.) § 1407(a)(2) each state is required to identify in writing to the Secretary of the United States Education Department (USED) and local educational agencies (LEAs) located in the state any rule, regulation or policy as a state-imposed requirement that is not required by the Individuals with Disabilities Education Act (IDEA) and federal regulations.
  For the May 2009 analysis see:
  http://www.vesid.nysed.gov/specialed/idea/nyslawanalysis509.htm
  
  
• Non-Regulatory Guidance on Supplemental Regulations
  The United States Department of Education (USDOE) has issued non-regulatory guidance on the Part B final supplemental regulations, which implement IDEA 2004. The supplemental regulations, which went into effect December 31, 2008, clarified and strengthened Part 300 of the Code of Federal Regulations (34 CFR). For more information see: http://www.vesid.nysed.gov/specialed/idea/nonregulatoryguidancememo.htm
  
  
• New Requirements for Special Education Programs and Services
  The Board of Regents has approved for permanent adoption the amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education relating to the use of the State's forms for individualized education programs (IEPs), meeting notices and prior written notices (notices of recommendation). These regulations became permanently effective on April 9, 2009. http://www.vesid.nysed.gov/specialed/publications/policy/mandatedformsregs.htm
• Public Comment on Proposed Amendments to Part 200 of the Regulations of the Commissioner of Education
  Information related to public hearings to seek public comment on the proposed amendments to Part 200 of the Regulations of the Commissioner of Education relating to special education services; and draft proposals relating to special education which may result in administrative relief and/or cost savings to school districts. http://www.vesid.nysed.gov/specialed/policy/publichearing309.htm
• NYS Response to Intervention Technical Assistance Center
  VESID announces the award of a five-year contract to establish the New York State Response to Intervention Technical Assistance Center (RtI-TAC) to the State University College at Buffalo. http://www.vesid.nysed.gov/specialed/publications/policy/RtITAC.htm
• Revisions to the NYS Procedural Safeguards
  The mandatory New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 has been revised to include a new section on "Revocation of Parental Consent" as required by the amendments to Part 300 of Title 34 of the Code of Federal Regulations that became effective December 31, 2008.
  http://www.vesid.nysed.gov/specialed/timely.htm or
  http://www.vesid.nysed.gov/specialed/publications/policy/coverpsgn109.htm
• Amendment to Part 300 of the Code of Federal Regulations
  A memorandum with final regulations issued by the USDOE that amend Part 300 of the Code of Federal Regulations (34 CFR), which implements IDEA 2004. Please note an effective date of December 31, 2008 which may affect impartial hearings. Please follow the link on the first page of the document to the Federal Register to see clarifying comments.
  http://www.vesid.nysed.gov/specialed/publications/policy/consent-federalamend-109.pdf
• Revisions to the NYS Procedural Safeguards
  The mandatory New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 has been revised to include a new section on "Revocation of Parental Consent" as required by the amendments to Part 300 of Title 34 of the Code of Federal Regulations that became effective December 31, 2008.
  http://www.vesid.nysed.gov/specialed/timely.htm or
  http://www.vesid.nysed.gov/specialed/publications/policy/coverpsgn109.htm
• Dispute Resolution in Special Education
  On January 12, 2009, the Board of Regents will discuss "Dispute Resolution in Special Education – A Review and Analysis of New York State Due Process System". The item can be seen at:
  http://www.regents.nysed.gov/meetings/2009Meetings/January2009/0109vesidd1.htm
• IEP Diplomas
  Public discussion meetings will be held regarding the continuation of or modification of the policy regarding IEP diplomas. Please note that pre-registration is required if you plan to attend. Public comment will be accepted through February 27, 2009.
  See announcement: http://www.vesid.nysed.gov/specialed/policy/iepdiplomadiscuss.htm
• Disputes of Reimbursement Claims for Special Education Services
  A new memorandum relating to the addition of section 177.2 to the Regulations of the Commissioner of Education regarding disputes of reimbursement claims for special education services provided to nonresident parentally placed nonpublic school students with disabilities is now available. These regulations became effective November 13, 2008.
  http://www.vesid.nysed.gov/specialed/publications/policy/section1772-nonpublic.htm
• Updates to Part 200/201 of the Regulations of the Commissioner of Education
  Part 200/201 of the Regulations of the Commissioner of Education has been updated to include all revisions through October 2008. Please discard any old copies you may have. When printing, bear in mind that the document is over 200 pages in length. Click here for the latest version: http://www.vesid.nysed.gov/specialed/publications/lawsandregs/coverpage.htm
• Amendment Extending Date for Use of State's forms for Individualized Education Programs
  On October 20, 2008, the Regents approved, through emergency action, an amendment to the Regulations of the Commissioner of Education to extend the date by which school districts will be required to use the State's forms for individualized education programs, meeting notices, and prior written notices from January 1, 2009 to September 1, 2009. All proposed forms and notices, as well as dates and locations for public hearings, may be found at: http://www.vesid.nysed.gov/specialed/policy/formsnotices/cover1008.htm
• Amendment to Part 279 of the Commissioner's Regulations (8 NYCRR)
  Effective October 9, 2008, Part 279 of the Commissioner's Regulations (8 NYCRR), is amended relating to procedures for State-level review of impartial hearing officer determinations regarding services for students with disabilities. http://www.sro.nysed.gov/recentdevel.htm
• Impartial Hearing Redaction Guide Sheet
  Click here to view the guide sheet
• Coordinated Early Intervening Services (CEIS) Under Part B of the Individuals with Disabilities Education Act (IDEA)
  A new memo that provides federal and State guidance relating to coordinated early intervening services (CEIS) under Part B of the Individuals with Disabilities Education Act (IDEA) is available at: http://www.vesid.nysed.gov/specialed/publications/policy/ceis908.htm
• Instructions to Access the IHO Toolbox in IHRS
  Learn how to access the Extension Calculator, Summary Hearing Timeliness and Case Query in the Impartial Hearing Reporting System (IHRS)
  Download pdf file here
• Proposals Sought to Establish Statewide Program to Provide Coordination of the Special Education and Vocational Rehabilitation Mediation Processes
  The Office of Vocational and Educational Services for Individuals with Disabilities of the New York State Education Department is seeking proposals to establish one Statewide program to provide coordination of the special education and vocational rehabilitation mediation processes in New York State. Please click below for the application. http://www.vesid.nysed.gov/grant_procurement_opportunities/rfp08018.htm
• Amendments to State Regulations relating to Chapter 378 of the Laws of 2007 and the 2004 Reauthorization of the Individuals with Disabilities Education Act of 2004
  The Board of Regents has approved for permanent adoption regulations to conform the Regulations of the Commissioner of Education to New York State (NYS) Education Law, as amended by Chapter 378 of the Laws of 2007, IDEA 2004, and 34 Code of Federal Regulations (CFR) Part 300. The effective date of the amendment to regulations is August 21, 2008. Read memo at: http://www.vesid.nysed.gov/specialed/idea/chap378-808.pdf
• Chapter 217 of the Laws of 2008 on Students with Disabilities in Home Instruction
  Chapter 217 of the Laws of 2008, which was signed into law by the Governor on July 7, 2008, relates to students with disabilities who are in home instruction programs pursuant to section 100.10 of the Regulations of the Commissioner of Education (home-schooled students). This is available at
  http://www.vesid.nysed.gov/specialed/publications/policy/homeinstructed708.htm
• Proposed amendment to Part 279, State Review Office
  A proposed amendment to Part 279 relating to State level review of IHO determinations was discussed at the July Regents meeting and will be submitted for action at the September meeting. If adopted in September, the amendment will become effective on October 9, 2008. Read more at:. http://www.regents.nysed.gov/2008Meetings/July2008/0708brd1.doc
• Implementation of Response to Intervention Programs
  The New York State Education Department has established a policy framework for Response to Intervention in regulations relating to school-wide screenings, minimum components of RtI programs, parent notification and use of RtI in the identification of students with learning disabilities. This information can be found at: http://www.vesid.nysed.gov/specialed/publications/policy/RTI.htm
• Memo Regarding Continuum of Special Education Servicesfor School Age Children
  A new continuum of services is available to school age students with disabilities effective July 1, 2007. A new memo provides clarification and guidance. See: http://www.vesid.nysed.gov/specialed/publications/policy/schoolagecontinuum.pdf
• Memo Regarding Provision of Services to 5 and 6 Year Old Children with Disabilities
  A policy memorandum regarding the provision of services to 5 and 6 year old children with disabilities is now available.
  See: http://www.vesid.nysed.gov/specialed/publications/policy/5-6yearoldservices.pdf
• Translations of the Revised New York State Procedural Safeguards Notice
  Translations of the Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 dated August 2007 have been completed.
  Click here for more information
• The New York State Annual Performance Report is available.
  Indicators 17 and 18 on pages 80-84 address due process hearings. See: http://www.vesid.nysed.gov/specialed/spp/2008APRfinal.pdf
• Field Memorandum Regarding Provision of Special Education Services to Students with Disabilities Who Are Instructed at Home
  A field memorandum "Provision of Special Education Services to Students with Disabilities who are Instructed at Home by Their Parents" is now available. See:
  http://www.vesid.nysed.gov/specialed/publications/policy/homeschool.htm
• Web Conference Information Sessions
  VESID's Special Education Policy and Professional Development Office is planning regular information web conferences to provide up to date information on current special education topics, including updates on laws, regulations and emerging issues in special education.
  For more information see:
  http://www.vesid.nysed.gov/specialed/techassist/webcast.htm
  A schedule of these sessions, when available, will be posted at: http://www.vesid.nysed.gov/specialed/techassist/
• Sample Request for Special Education Mediation Form
  A new sample Request for Special Education Mediation form to provide parents and school districts the opportunity to request mediation is now available online. See: http://www.vesid.nysed.gov/specialed/publications/policy/mediationrequest.htm
• Revised Part 200/201 is Now Available
  The complete revised Part 200/201 is now available on the VESID website in PDF format only. An accessible format (HTML) will be available within the next week. http://www.vesid.nysed.gov/specialed/publications/lawsandregs/coverpage.htm
• New Memorandum Available on Burden of Proof
  A memorandum providing information on Chapter 583 of the Laws of 2007 and burden of proof in an appeal of an impartial due process hearing. http://www.vesid.nysed.gov/specialed/publications/policy/burdenproof.htm
• New Memorandum Available
  "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"
  http://www.vesid.nysed.gov/specialed/publications/policy/nonpublic907.htm.
  This memorandum replaces prior guidance issued on this topic
• Memo to Parents Regarding Special Education Services
  A memo to parents is available describing the new federal and State requirements regarding special education services for parentally placed nonpublic school children. Click here to read the memo.
• Revised Mandatory New York State Procedural Safeguards Notice
  The revised mandatory New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 is now available and effective September 1, 2007. The Spanish translation will be available as soon as it is completed. The document is available in Word or PDF at the bottom of the cover memo. Click here to read memo.
• Amendments to the Regulations of the Commissioner of Education
  The Regulations of the Commissioner of Education have been amended to conform to IDEA 2004 and the final federal regulations to implement IDEA 2004. The Commissioner's regulations, which were approved as an emergency action by the Board of Regents at their June 2007 meeting, are effective July 1, 2007. Click here for the express terms.
• Updating the IHO Procedural Guide
  VESID is in the process of updating the Procedural Guide for IHOs which was last released in draft format in 1999. If you have topics you would like to see addressed in this manual or if you have sample templates (e.g. decision format, checklists, opening statements) that you would like to share for consideration by VESID, please contact Charlene Gurian at 518-486-7462 or via email at cgurian@mail.nysed.gov.
• Memo Regarding Amendment to NYS Law to Conform to IDEA 2004
  New York State Law has been amended by Chapter 378 of the Laws of 2007 to conform to IDEA 2004 and the final federal regulations to implement IDEA 2004. Click here to read memo.
• Memo Regarding Special Education Itinerant Teacher (SEIT) Services
  A memo clarifying certain issues related to Special Education Itinerant Teacher (SEIT) Services and Related Services for preschool students with disabilities is now available. Click here to read the memo.
• Updated Website on General Education Diploma Requirements
  An updated website on General Education Diploma Requirements is now available from the Office of Elementary, Middle, Secondary and Continuing Education of the NY State Education Department. The website features a chart which reflects recent changes in regulations such as the phasing out of some local diploma options and the phasing in of new mathematics examinations and courses. Each column of the chart is linked to a page that provides more detailed information in html format. The site is available at http://www.emsc.nysed.gov/ciai/GRADREQDIP/IntroDiplReq.html.
• Students with Disabilities Enrolled in Non-Public Schools by their Parents
  VESID has issued a revised memorandum to inform school districts of their responsibilities to provide special education services to students with disabilities who are enrolled in nonpublic elementary or secondary schools by their parents in the 2007-08 school year and thereafter is available.