Special Education
April 24, 2012

Fact Sheet 12-10: Reauthorized IDEA of 2004 and recent changes in state law

Source: Research and Educational Services

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New York State Education Law was amended, effective June 30, 2007, by Chapter 378 of the Laws of 2007 to conform to the reauthorized Individuals with Disabilities Education Act (IDEA) of 2004 and the final federal regulations that implement the reauthorized IDEA. Prior to the passage of this state legislation, NYSUT identified those areas in the reauthorized IDEA law and regulations that would change current New York state practice and significantly impact on the role of teachers and other education professionals in meeting the needs of students with disabilities and their families. NYSUT worked extensively with the Governor’s Office, the State Legislature, and the State Education Department to support legislative language that met federal requirements while still preserving long-standing protections and practices in New York state.

This NYSUT Fact Sheet provides changes in New York State law, including:

  • An overview of Chapter 378 of the Laws of 2007
  • A discussion of significant changes in the following specific areas:
    • The excusal of certain Committee on Special Education (CSE) members in Individualized Education Program (IEP) team meetings
    • The revision of IEPs without a CSE meeting after the annual review
    • Limiting school staff in making initial referrals to special education
    • Limiting the CSE role in reevaluation decisions
  • Advice to local leaders
  • Web-Based Resources

Download complete bulletin. (160k pdf)