Report of Regents P-12 Education Committee to The Board of Regents

Regents Committee on P-12 Education
Vice Chancellor Chin, Chair, Regent Tilles, Regent Cea, Regent Norwood, Regent Cottrell, Regent Wills, Regent Ferrer, Regent Tanikawa, Regent Catania, and Regent Hale.

The P-12 Education Committee held its scheduled meeting on July 15, 2024. All members were present except for Regent Norwood and Regent Cottrell who were excused. Chancellor Lester W. Young, Jr., Regent Luis O. Reyes, Regent Susan W. Mittler, Regent Hasoni L. Pratts, Regent Patrick A. Mannion, and Regent Seema Rivera also attended the meeting but did not vote on the action item.

ACTION ITEM

Proposed Amendment to Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures [P12 (A) 1] - Department staff presented a proposed amendment for emergency action to clarify that parents of students who are parentally placed in nonpublic schools do not have the right under Education Law § 3602-c to file a due process complaint regarding the payment of services; when such services were recommended by the district on an Individualized Education Services Plan (IESP) and were obtained by the parents of a student with a disability.  

The Committee recommends that the Board of Regents finds that section 200.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 16, 2024, as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to provide predictability for the upcoming 2024-2025 school year regarding the kind of disputes that fall outside the scope of the (State) entitlement to an impartial due process hearing.

The motion passed unanimously.

Deputy Commissioner Jason Harmon reviewed the items on the Consent Agenda.