Implementing IDEA 2004 2007 Changes to NYS Special

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Implementing IDEA 2004: 2007 Changes to NYS’ Special Education Law and Regulations CSE/CPSE Meeting

Implementing IDEA 2004: 2007 Changes to NYS’ Special Education Law and Regulations CSE/CPSE Meeting Membership Individualized Education Programs Continuum of Services Developed by the Office of Vocational and Educational Services for Individuals with Disabilities for Statewide Meeting October 3, 2007

What are the Learning Outcomes of this Presentation? • Changes were made to Law

What are the Learning Outcomes of this Presentation? • Changes were made to Law and Regulation regarding: • CSE/CPSE Membership; • Changes to the IEP; and • Continuum of Services • How these changes affect district implementation

Where Can Changes in Law be Found? • Chapter 378 of the Laws of

Where Can Changes in Law be Found? • Chapter 378 of the Laws of 2007 – Retroactive effective date of 6/30/07 – 2 year sunset * Means changes based on law

Where Can Changes in Regulation be Found? • Amendments to Parts 100, 120, 200

Where Can Changes in Regulation be Found? • Amendments to Parts 100, 120, 200 and 201 of the Commissioner’s Regulations – Adopted through emergency action effective 7/1/07 – Accepted comments through 8/17/07 – Were PERMANENTLY adopted at 9/07 Board of Regents Meeting

1. CSE/CPSE: Members

1. CSE/CPSE: Members

When Can Districts and Parents Reach Agreement? • Attendance at CSE meeting is not

When Can Districts and Parents Reach Agreement? • Attendance at CSE meeting is not necessary (when members area is not discussed) • Excusal of member from CSE meeting (when member’s area is discussed) • Changes to the IEP without a meeting after the annual review

What is the Intent? • To provide relief from irrelevant and unnecessary paperwork burdens

What is the Intent? • To provide relief from irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes • To provide efficient and effective use of IEP Team meetings • To protect student and parental rights

When is Member Attendance Not Necessary? * • Parent and district may agree, in

When is Member Attendance Not Necessary? * • Parent and district may agree, in writing – Attendance of a CSE/CPSE member not necessary – if area will not be discussed. • Request to parent in writing 5 days in advance of meeting • Parent can request/agree at any time – Does not apply to attendance of: • parent of student; or • municipality appointee (CPSE)

When Can a Member be Excused? * • Excusal of members – area to

When Can a Member be Excused? * • Excusal of members – area to be discussed – School District puts request to parent in writing 5 days in advance of meeting • Must include written input of member – Requires parent consent in writing – Parent can request/agree at any time • Written input from the member to be excused must be given to parent before meeting and at a reasonable time in order to obtain consent of parent – Does not apply to attendance of parent of student or municipality appointee (CPSE)

What are the Changes to the CPSE Membership? • Participation of the Early Intervention

What are the Changes to the CPSE Membership? • Participation of the Early Intervention (EI) Representative -is a member at the request of the parent of the student transitioning from EI to preschool special education

What are the Changes to CSE Participation? • When a student is transition age

What are the Changes to CSE Participation? • When a student is transition age (15 -21), the district is required to obtain parental consent (or student consent if reached the age of majority) before inviting representatives from participating adult agencies to the meeting

2. IEP Development Individualized Education Program

2. IEP Development Individualized Education Program

What are the Major Changes to the IEP Process? • All IEPs developed on

What are the Major Changes to the IEP Process? • All IEPs developed on or after January 1, 2009 must be on a form prescribed by the Commissioner • Include both academic and functional goals on the IEP • Changes to the IEP without a meeting after the annual review

Can the IEP be Changed Without a Meeting? * Only after the annual review:

Can the IEP be Changed Without a Meeting? * Only after the annual review: 1. If parent requests change and district and parent agree in writing OR 2. If district proposes change, district submits written proposal in language understandable to the parent, provides parent opportunity to discuss with providers and parent and district agree in writing ______________________ After agreement in writing, parent receives prior notice and copy of IEP or document that amends the IEP