Legislative Information

Latest Special Eduction News, Programs and Legislation Under Consideration

From NYS PTA Advocacy Newsletter – February 2011

This is the time of the year where school districts begin to hold their annual review meetings. Parents need to be informed about changes to regulations that may have an impact on the services that their child receives. The changes were effective on December 8, 2010. The new changes to the Part 200s can be found at: http://www.p12.nysed.gov/specialed/publications/amend-mandaterelief-1210.html

Each year New York State is required to submit an application under Part B of the Individuals with Disabilities Education Act (IDEA) for Federal Fiscal Year 2011. The application includes the identification of State requirements that are not otherwise required by federal law and regulations pursuant to IDEA section 608(a)(2). Public comment can be made for 30 calendar days starting January 24, 2011 until February 22, 2011. Additional information can be found at:

http://www.p12.nysed.gov/specialed/idea/announce-partB-comment.html

As part of the changes to the Part 200s of the Commissioners Regulations, a New Policy

Memorandum has been posted on the NYSED website providing the specific procedures for a school district to obtain a variance to exceed the 12 students with disabilities in an integrated co-teaching model. Additional information can be found at: http://www.p12.nysed.gov/specialed/publications/varianceprocedures-jan2011.html

A bill (S1272) was introduced into the New York State Senate by Senator Joseph Addabbo (D - District 15). It is intended to amend the education law to direct teachers be trained in the education of gifted students and that funds are provided. Currently New York State Education Law does not require schools to provide any services to gifted and talented students. In enacted it would provide $1,000,000 for training for teachers in this area. The bill has been referred to the Senate Finance Committee. The status of the legislation can be tracked at: http://public.leginfo.state.ny.us/menuf.cgi.

November Elections Impact Special Education, By Joyce Cattani, Special Education Chair

The makeup of both houses of Congress has changed as a result of the
recent election. The committee leadership responsible for Education has
changed. Rep. John Kline (R-MN), who has been a supporter of full
funding for special education, will now head the House Committee on
Education and Labor replacing Rep. George Miller (D-CA). Rep. Miller
was one of the legislators responsible for introducing the “Protecting
Student Athletes from Concussions Act” (H.R. 6172). Two long time
disability advocates, Rep. Mike Castle (R-DE) and Rep. Joe Sestak (D-PA)
were defeated in Senatorial contests. Additionally there are new
members whose backgrounds on students with disabilities are not yet
known. There have been changes in both the NYS Senate and Assembly
as well. We will have to wait and see how all of these changes impact
students.

Special Education: NY State Education Department has released the Response to Intervention: Guidance for New York State School Districts. The purpose of this document is to help school districts design and implement an effective RTI program. The document is available at: www.p12.nysed.gov/specialed/RTI/guidance/cover.htm.

New Forms: A new Individualized Education Program (IEP) form as well as Student Information Form has been created by the Office of Special Education of the State Education Department. Beginning in the 2011-2012 school year, all school districts will be required to use it. There are three
training sections as well as an FAQ section to help people understand the new requirements. You can find this information at: www.p12.nysed.gov/specialed/formsnotices/IEP/training/home.html

As National Bullying Prevention month comes to an end, the US Department of Education has issued guidance to school districts about the steps they must take to prevent and address bullying and harassment in school. The guidance information can be found at:
• http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html
• http://www.ed.gov/news/press-releases/guidance-targeting-harassment-outlines-local-and-federalresponsibility

Since knowledge is power, it is important for parents to create a resource file. The following websites offer publications on a variety of topics that may be of interest to you. The publications are either available for download or in hardcopy.

• US Department of Education: www.edpubs.gov
• NYS Education Dept.: www.p12.nysed.gov/specialed/publications/topiclist.htm
• NYS Office of Mental Health:
www.omh.state.ny.us/omhweb/resources/publications/index.html#children

Fed Law Now Mandates Autism Diagnosis Coverage

Covers Most Insurance Plans

The following is a New York State Insurance Department Press release concerning the recent beginning of new laws requiring health insurers to cover autism diagnostic procedures. Don’t assume your insurance company is necessarily covered by the law even though most will be. And don’t assume your insurer will obey the law unless you push the issue. But this is a significant step forward for people with autism and their families:

U.S. LAW NOW REQUIRES MANY HEALTH PLANS TO COVER AUTISM SCREENING Early diagnosis is critical in treating children with autism spectrum disorders (ASD), so new parents should know that new federal health reforms require many insurance plans to cover autism spectrum and developmental screenings for infants.

“Health experts estimate that as many as one of every 110 children have a diagnosis of ASD, so it is essential that new parents understand exactly what the law requires so that an early diagnosis is possible,” New York State Insurance Superintendent James Wrynn said.

ASD is defined as a neurobiological condition that includes autism, Asperger Syndrome, Rett’s Syndrome or pervasive development disorders. It’s estimated more than 60,000 New Yorkers have ASD.

“Under the new Affordable Care Act, autism screening for children at 18 and 24 months must be covered without having to pay out-of-pocket expenses when these services are delivered by a network provider. The new federal reforms also require well-baby and well-child visits with physician’s visits every few months when a child is young,” Wrynn said. These new rules mean consumers cannot be charged a co-pay, co-insurance or have to meet a deductible to receive these services. The rules affect consumers who have new health plans or insurance policies which began on or after Sept. 23, 2010.

Parents should also be aware that under the new federal reforms health plans are now prohibited from excluding coverage of pre-existing conditions for children ages 18 or younger. Lifetime dollar limits on essential health benefits have been prohibited for health plans issued or renewed on or after Sept. 23, 2010, and annual dollar limits will be gradually phased out.

-- Effective July I, 2010, the Office of Special Education became part of the Office of P-12 Education. This change reflects the Regents' commitment to ensuring that students with disabilities are an integral part of all aspects of P-12 education policy development and program implementation. New Web Addresses: http://www.emsc.nysed.gov/specialed/

-- New York State has always provided more services than is required by Federal Regulations.

Since states and districts are facing difficulty choices and may want to use Federal standards, it is important to recognize the difference. That information can be found at: http://www.emsc.nysed.gov/specialed/idea/analysis-jan10.html

But now good news from the State ... On July 13, important legislation was signed by Governor Paterson that has changed the name of the OMRDD (Office of Mental Retardation and Development Disabilities) to the New York State Office for People with Developmental Disabilities (OPWDD). It also removed the words "Mental Retardation" from State statute and regulations which is consistent with the 2007 People First Language Law. It is important that we remember to use this language when creating our flyers and documents. Their website is: http://www.omr.state.ny.us

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