Subject: Guidelines for Determining a Student with a Disability’s Need for a One-to-One Aide

The purpose of this memorandum is to provide guidance to assist Committees on Preschool Special Education (CPSEs) and Committees on Special Education (CSEs) in determining a student with a disability’s need for a one-to-one aide. A recommendation for an individual aide is a significant programmatic decision and one that should only be made after a comprehensive discussion of other options considered and clear documentation of as to why those options are not appropriate. While, some students may temporarily need the support of a one-to-one aide to receive a free appropriate public education1, for other students, the assignment of a one-to-one aide may be unnecessarily and inappropriately restrictive. Footnote references have been provided to examples of legal decisions relating to the use of one-to-one aides.

Read the rest of memo by downloading the pdf:
One-to-One Aide Jan 2012

Subject: Mandate Relief Relating to Special Education Requirements

At the November 2011 meeting of the Board of Regents, several possible mandate relief recommendations relating to special education were discussed. While the Regents voted to support development of legislative and regulatory proposals that are necessary to put any of these proposals into effect, their actions did not result in changes to any State policy for any of the mandates discussed. Therefore, none of the mandate relief proposals that were discussed are in effect and the State’s current rules relating to Committee on Special Education and Committee on Preschool Special Education membership, evaluations, and planning and reporting requirements must be followed.

At their December 2011 meeting, the Regents discussed a proposed amendment to State regulations relating to evaluations of preschool and school-age students. A Notice of Proposed Rule Making will be published in the State Register on January 4, 2012. Public comment on the proposed amendment will be accepted for 45 days from the date of publication in the State Register. Following the receipt of public comment, the proposed amendment will be submitted for action at the March 2012 meeting with a proposed effective date of April 11, 2012. A copy of the proposed amendment may be found at www.regents.nysed.gov/meetings/2011Meetings/December2011/1212p12d1.pdf.

The Department will advance a 2012 legislative proposal relating to the mandate relief recommendations that require changes to State law. Information on the specific areas of special education mandate relief discussed and supported by the Board of Regents, can be found at www.regents.nysed.gov/meetings/2011Meetings/November2011/ 1111p12a2.pdf.

Questions regarding this memorandum may be directed to the P-12: Office of Special Education at (518) 473-2878.

Read the full memo by downloading the pdf:
Transition Planning Nov 2011