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From: James P. DeLorenzo

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

From: Ken Slentz

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.

The purpose of this memorandum is to provide guidance to school districts regarding transition planning and services for students with disabilities and information about resources that can assist school districts to meet their responsibilities in this area. Appropriate transition planning for students with disabilities is essential to prepare them for post-school living, learning and working.

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

A Notice of Proposed Rulemaking (NPRM) to change to the federal Part B Individuals with Disabilities Education Act (IDEA) regulations having to do with parental consent to access Medicaid for services has been posted at: www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22784.pdf Individuals and organizations are encouraged to provide public comment to the U.S. Department of Education on these proposed changes.

A joint policy memorandum has been issued from the State Education Department’s Office of Special Education and the Special Aids and Medicaid Unit regarding the delayed start of school in light of the extraordinary difficulties many school districts and private special education schools and providers faced opening this school year due to the recent storms. Please refer to www.p12.nysed.gov/specialed/publications/delaystartschool-911.htm for further information.

Written comments on the proposed amendment of the Regulations of the Commissioner of Education to repeal the individualized education program diploma for students with disabilities and establish a Skills and Achievement Commencement Credential will be accepted for 45-days after its October 5, 2011 publication in the New York State Register. For more information, please see www.p12.nysed.gov/specialed/comment/alternatecredential-announce.htm

The following memorandum is a reminder all school districts of the special education requirements that go into effect for the 2011-12 school year related to individualized education programs, prior written notices and meeting notices.www.p12.nysed.gov/specialed/publications/reminder-requiredforms-911.htm

A memorandum from the P-12: Office of Accountability provides information regarding the actions required by schools, districts and public charter schools based on the 2010-11 school year assessment results. The New York State Department of Education has taken a number of actions to integrate the No Child Left Behind Act Title I, Title III and Individuals with Disabilities Education Act accountability systems. It can be found atGeneralAccountabilityFieldMemo.pdf

A new memorandum from the P-12: Office of Special Education provides information regarding the requirements for processing reimbursement claims by counties for the costs of transporting preschool students with disabilities pursuant to section 4410 of Education Law and the Part 200 Regulations of the Commissioner of Education and also details the responsibilities of municipalities regarding the approval of certain transportation costs. It is available at
www.p12.nysed.gov/specialed/publications/preschooltrans-811.htm