What Do I Need to Know About New York State’s Amended Special Education Rules

The New York State Education Department (NYSED) has amended the regulations governing individual evaluations given to preschool and school-age children to determine their eligibility for special education services.  The rule changes were approved by NYSED’s Board of Regents and went into effect on April 11, 2012.

One rule change affects preschool children with disabilities.  Now, when a parent has consented to a child’s evaluation to determine a need for special education, the initial evaluation must be completed within 60 days, unless the parent fails to produce the child for evaluation.

Another change in the regulations clarifies a rule regarding evaluations for children who may have a disability.  The rule now makes it clear that the 60-day timeline to complete an evaluation regarding a need for special education refers to the initial evaluation only.

Finally, NYSED has altered the requirements for school psychologists in determining whether an individual psychological evaluation is necessary.  At the initial evaluation stage, if the school psychologist determines that a psychological evaluation is unnecessary, he or she must still prepare a written report stating the reasons for the decision.  At the reevaluation phase, a written report is no longer necessary.

The rule changes amend sections 200.4 and 200.16 of the Regulations of the Commissioner of Education Relating to Preschool and School-Age Individual Evaluations.

To sum up the rule changes:

• Initial evaluations for preschool children must be completed in 60 days
• For all students, the 60-day timeline applies to the initial evaluation only
• School psychologists are only required to provide a written report of their determination of the need for an individual psychological evaluation at the initial evaluation stage, not at the reevaluation stage

For assistance with questions regarding your child’s special needs visit our website at https://www.specialneedsnewyork.com/.