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Monday, June 25, 2012

NYS Education Department proposes "compensatory" diploma option for students with disabilities

State Ed. has proposed a modification of the “safety net” for students with disabilities. The proposed amendment would expand the safety net options to also authorize a school district to award a local diploma to a student with a disability if the student:


1. scores between 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores higher than 65 on one or more of the required Regents exams, in which case the lower score(s) can be compensated by the higher score(s); and
2. obtains a passing score in the subject area of the Regents examination in which he or she received a score of 45-54;
3. has an attendance rate of at least 95 percent for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; provided that
4. a student may not use the compensatory score option if the student is using a passing score on one or more RCTs to graduate with a local diploma.

Significant proposed regulations regarding the impartial hearing process in New York State

The State Education Department has proposed some significant revisions to the regulations governing the impartial process in New York State. The proposed rules address the following:

The proposed rule addresses six procedural issues relating to impartial hearings:

        1.        Certification and appointment of IHOs;
        2.        Consolidation of multiple due process requests for the same student;
        3.        Prehearing conferences;
        4.        Withdrawals of requests for due process hearings;
        5.        Extensions to the timelines for an impartial hearing decision;
and 6. Timeline to render a decision.

These proposed regulations will now go through a period of public comment prior to reconsideration by the Board of Regents.