New York State Board of Regents approves controversial proposals

The New York State Board of Regents supported the following special education cost containment proposals and directed State Education Department (SED) staff to develop proposed regulatory language that would:
● Authorize school districts to add up to two additional students to integrated co-teaching classes, upon documented educational justification;
● Repeal the minimum service delivery requirements for speech and language; and
● Repeal the requirement that each student with autism receive instructional services to meet his/her individual language needs at a minimum of 30 minutes daily in groups not to exceed two, or 60 minutes daily in groups not to exceed six.

In addition, the Regents also endorsed the following legislative proposals:
● Establish a one-year statute of limitations to request an impartial hearing and that requests for tuition reimbursement for unilateral parent placements in private schools be presented not more than 180 days from the placement by the parent; and
● Repeal the authority of the Commissioner to appoint students to State-supported schools

The Regents did not support legislative action that would repeal the requirement for dissemination of copies of students’ individualized education programs (IEPs) to each regular education teacher, special education teacher, related service provider and other service provider who is responsible for the implementation of the IEP. Rather, the Regents asked SED staff to provide more information on the number of districts currently providing electronic access to IEPs rather than providing paper copies.

For more information, the complete Regents discussion item can be found at:
http://www.regents.nysed.gov/meetings/2010Meetings/June2010/0610vesidd2.htm

Court denies District's motion to dismiss teacher's retaliation claim

CORRALES v. MORENO VALLEY UNIFIED SCHOOL DISTRICT (C.D.Cal. 6-10-2010): Special education teacher repeatedly sought to have certain students evaluated and provided with more intensive services. School district either failed to respond or denied these requests. District ultimately terminated the teacher and she sued alleging retaliation in response to her advocacy efforts. District’s motion to dismiss the retaliation claim was denied.