If an integrated co-teaching class already has 13 students with disabilities pursuant to a variance by notification, a school district may apply for approval to add one additional student with a disability to the class by submitting to the Commissioner an application for a variance (“Variance with Commissioner Approval”) to enroll the additional student for the remainder of the school year. The application must sufficiently demonstrate that the increase is educationally justified and consistent with providing an appropriate education for all affected students. The Commissioner will develop a form for districts to use when submitting an application for a variance approval.

3.  Instructional Services to Meet Individual needs of Students with Autism: The regulations presently require that instructional services to meet the individual language needs of students with autism be provided for a minimum of 30 minutes per day in groups not to exceed two students or 60 minutes per day in groups not to exceed six students. The amended Regulation removes the minimum time and group size requirements.

4.  Notice of CSE/CPSE Meeting: Rather than give parents notice of those individuals who are “expected to attend” a CSE or CPSE meeting, the notice sent to parents will now have to specify a list of those individuals “who will be in attendance.”

5.  Contents of CSE/CPSE Meeting: The Regulations presently specify that informal or unscheduled conversations involving school personnel and conversations on issues such as teaching methodology, lesson plans or coordination of service provisions do not constitute CSE/CPSE meetings if those issues are not addressed in the student’s individualized education plan (IEP). The amendment deletes the proviso “if those issues are not addressed in the student’s” IEP, which means that these types of discussions will no longer constitute a CSE/CPSE meeting even if the issues are addressed in the student’s IEP’