http://www.oms.nysed.gov/medicaid/news_announcements/SSHSP_Handbook_Update_7_April_2012.pdf

More information about this report is located at http://www.p12.nysed.gov/specialed/idea/nyslawanalysis512.htm 

More information and related documents are available at http://www.p12.nysed.gov/specialed/publications/SACCmemo.htm

Please share as appropriate.

Underlined language is new language. 
Bracketed [   ] language is repealed language.

Section 200.4
Procedures for Referral, Evaluation, Individualized Education Program (IEP) Development, Placement and Review

Timeline for initial evaluations – section 200.4(b)(1)

Section 200.4(b)(1) of the Regulations of the Commissioner of Education has been amended to clarify that the 60-day timeline to complete an evaluation pertains to an initial evaluation of a student suspected of having a disability.

200.4(b) Individual evaluation and reevaluation. (1) Unless a referral for an evaluation submitted by a parent or a school district is withdrawn pursuant to paragraph (a)(7) or (9) of this section, after parental consent has been obtained or a parental refusal to consent is overridden, an individual evaluation of the referred student shall be initiated by a committee on special education.  The initial individual evaluation shall be completed within 60 days of receipt of consent unless extended by mutual agreement of the student’s parents and the CSE pursuant to subparagraph (7)(i) and paragraph (j)(1) of this subdivision…

Individual psychological evaluation – section 200.4(b)(2)

Section 200.4(b)(2) has been amended to repeal the requirement that a school psychologist prepare a written report of his/her determination of the need to administer an individual psychological evaluation for a reevaluation of a student with a disability.

200.4(b)(2) A determination by a school psychologist of the need to administer an  individual psychological evaluation to a student of school age pursuant to Education Law, section 4402(1)(b)(3)(a) and section 200.1(aa) and (bb) of this Part, shall be based upon an assessment conducted by the school psychologist to substantiate his or her determination.  Whenever a school psychologist determines that a psychological evaluation is unnecessary as a component of the initial evaluation, the psychologist shall prepare a written report of such assessment, including a statement of the reasons such evaluation is unnecessary, which shall be reviewed by the committee.

Notes: 

• School psychologists must conduct an assessment to determine the need to administer a psychological evaluation to a school-age student as part of a student’s initial or reevaluation.
• A school psychologist must prepare a written report for consideration by the committee on special education (CSE) when he or she determines that a psychological evaluation is not necessary as a component of a student’s initial evaluation.
• A school psychologist is no longer required to prepare a written report when he or she determines that a psychological evaluation is not a needed component of a student’s reevaluation. 
• A school psychologist’s determination that a psychological evaluation is not necessary as part of a student’s reevaluation must, consistent with federal and State regulations, still continue to be considered by the CSE.  It is the CSE’s decision as to whether the psychological evaluation will be conducted as part of the student’s reevaluation.
• Nothing in the amended regulations would alter the requirement that a psychologist prepare a written report when he/she does conduct an individual psychological evaluation as part of a student’s initial evaluation or reevaluation.

Section 200.4
Educational Programs for Preschool Students with Disabilities

Preschool evaluations – sections 200.16(c), (e) and (f)

Sections 200.16(c),(e) and (f) of the Regulations of the Commissioner of Education have been amended to require that a preschool evaluation be completed within 60 calendar days of a parent’s consent for the evaluation.  The timeline for IEP implementation has not been extended (see 200.16(f) below).   

200.16(c)(2)  Except as provided in section 200.4(b)(7) of this Part, [The] the initial individual evaluation shall be completed within 60 days of receipt of consent to evaluate and conducted in accordance with section 200.4(b) of this Part…

200.16(e) Recommendation. (1) The committee on preschool special education shall [provide a] meet to review the results of the initial evaluation and develop a recommendation [to the board of education] within [30 school days] 60 calendar days of the date of the receipt of consent to evaluate. 

200.16(f) Provision of services for preschool students with disabilities. (1) Upon receipt of the recommendation of the committee, the board of education shall arrange for the preschool student with a disability to receive such programs and services commencing with the July, September or January starting date for the approved program, unless such services are recommended by the committee less than 30 school days prior to, or after, such appropriate starting date selected for such preschool student, in which case, such services shall be provided as soon as possible following development of the IEP, but no later than 30 school days from the recommendation of the committee and within 60 school days from receipt of consent to evaluate…

Notes: 

• Exceptions to the 60 calendar day timeline for preschool initial evaluations would apply if the:
  • student enrolls in a different school after timeframe has begun and the parent and district agree in writing to another timeframe; or
  • parent of the student repeatedly fails or refuses to produce the student for the evaluation.
• The CPSE must meet to review the results of the initial evaluation within 60 calendar days of the parent’s consent to evaluate.

Districts are only allowed to contract out (even with BOCES) when they are unable to provide FAPE or stay within compliance timelines with current available staff.  See Q5 of NYSED Guidelines (http://www.p12.nysed.gov/resources/contractsforinstruction/qa.html ), which in part states:

Where a school district is unable to provide the related services on a student’s individualized education program (“IEP”) in a timely manner through its employees because of shortages of qualified staff or the need to deliver a related service that requires specialized expertise not available from school district employees, the board of education has authority under Education Law §§1604(30), 1709(33), 2503(3), 2554(15)(a) and 4402(2)(b) to enter into contracts with qualified individuals as employees or independent contractors to provide those related services (see also §§1804[1], 1805, 1903[1], 2503[1], 2554[1]). Section 200.6(b)(3) of the Commissioner’s regulations requires that related services be provided by individuals with appropriate certification or license in each area of related service. Consistent with the holding in Appeal of Barker and Pitcher, in order to ensure that such arrangements are not used to circumvent New York State’s teacher tenure laws, a school district must document that it would retain supervisory control over the individual and that, despite reasonable efforts, it has been unable to provide such services by hiring new employees or utilizing existing employees, or through any of the contractual arrangements authorized by Education Law §4401(2), including contracts with other school districts, BOCES, approved state or state-supported schools, and approved private residential and nonresidential schools both inside and outside New York State.

Finally, school districts that, after exhausting the steps outlined above, find it necessary to contract with individuals should do so only for a period of one school year at a time. Before any such contract can be extended, or a new contract entered, school districts must again take reasonable efforts to provide such services as described above.

 From the BOCES Operating and Procedures Handbook (http://www.p12.nysed.gov/mgtserv/boces/handbooks/Handbook5.htm#Contracting_For_Instructional_Services )

There is no general authority for a board of education to contract with an independent contractor for instructional services or specifically for psychological services. In situations in which a school district does not have a school psychologist available for service on the district's committee on Special Education, the board is authorized to contract for such services (Education Law, Section 4402[1][b][1] [a]). However, such authority is limited to a contract with a board of cooperative educational services or another school district, and does not extend to a contract with a private contractor.

However, as noted, they cannot use this contracting to avoid “teacher tenure laws,” by eliminating a position and then “contracting” for the a position of same duties (even with BOCES).  The excessed employee has a right to the position first.

http://www.p12.nysed.gov/specialed/publications/psgn1211.htm

As a reminder, the procedural safeguards notice must be provided to the parents of a student with a disability, at a minimum one time per year and also upon: initial referral or parental request for evaluation;  request by a parent; the first filing of a due process complaint notice to request mediation or an impartial due process hearing; a decision to impose a suspension or removal that constitutes a disciplinary change in placement; and receipt of a parent's first State complaint in a school year.  

Please see this important memo and share with all interested parties.  Please note the emphasis on the fact that while recommendations have been approved by the Regents, NOTHING has changed.  In addition, changes in language related to written reports regarding the determination of additional data for re-evaluations only will be presented for public comments. Any other changes will require legislative action by the NYS Legislature.  This is exactly what NYASP has been reporting. 

The 45 day public comment period will open January 4, 2012.  NYASP will provide information regarding comment submission. 

These proposals remove the School Psychologist from the vast majority of CSE meetings and the  additional parent members from all of the CSE. While giving the appearance of being a cost-saving measure, these actually saves no real dollars at the risk of introducing chaos into a system that has served New York State well since being implemented in 1975.

While we wait for the Regents to propose language for changes in NYS Regulations, I understand that ultimately, the legislature must vote on these proposals before they become law. I hope that you will take the time to personally meet with the leadership of the various parent and professional educational organizations representing the (ENTER SCHOOL DISTRICT NAME) district that will request some of your time over the coming weeks in order to garner your support in defeating special education mandate relief.  

 

Thank you for time and concern on behalf of all children with disabilities and their parents in New York State.

In concert with National School Psychology Awareness Week, school psychologists in New York will be inviting their educational leaders to lunch.

New York Association of School Psychologists’ president, Peter Faustino, says, “What better way is there to share our mutual vision for student achievement than to share a meal together.”

During the week of November 14th,  school psychologists will be sharing information and showing appreciation for building principals throughout New York.

During lunch, school psychologists will have the opportunity to highlight the variety of domains in their practice and consider how particular domains may be applicable to the building’s success. 

http://www.nasponline.org/standards/practice-model

You will find that NYASP is offering a variety of professional development opportunities. 

A self-assessment is available to help you focus attention on your individual work activities in terms of the 10 domains outlined in the Model for Comprehensive and Integrated School Psychological Services, also referred to as the Practice Model.

You can access this self- assessment at: http://www.nasponline.org/standards/survey/self-assessment-intro.aspx   http://www.nasponline.org/standards/survey/self-assessment-intro.aspx  

The Board of Regents adopted the “Educating the Whole Child, Engaging the Whole School: Guidelines and Resources for Social and Emotional Development and Learning (SEDL) in New York State” on July 18, 2011. The SEDL Guidelines, which focus on the development of the whole child, can serve as a foundation for success in academic learning, ensuring that students in P-12 schools are ready for college and careers. Visit http://www.p12.nysed.gov/sss/sedl/ to learn more.

Submission Guidelines: NYASP members are strongly encouraged to submit articles for consideration in this publication. Please contact the Editor at newsletter-editor@nyasp.org. Preferred document size is 750 words (review) or 1500 words (article). Submissions are accepted in .doc or .docx format, via email attachment or on CD, with revisions and corrections already made. Please include a short bio about the author. Photos, cartoons, and drawings should be submitted as a .pdf, .bmp, or .tiff file. We will make every attempt to return hard copy submissions of art and photography.

Editorial policy: All articles and reports of factual information may be edited to conform to space and format specifications and to improve clarity, without permission of writers, so long as no changes are made to the writer’s overall objective. NYASP and the Editor reserve the right to edit or reject submissions based on legal, social, professional, and ethical considerations. We will assume consent to publish correspondence addressed to the Editor unless specifically noted by the sender. Letters and e-mail addressed to NYASP Executive Board members, along with the response, may be published with the consent of both parties. Expressions of opinion in editorials and letters to the Editor may be edited only with the writer’s consent. The contents of this publication do not necessarily represent the views or policies of NYASP, NASP, or their elected or appointed officials.

Written comments on the special education mandate relief proposals will be accepted until July 25, 2011 and may be submitted to: