New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter P - Handicapped Children
Part 200 - Children with Handicapping Conditions
Section 200.2 - Board of education responsibilities
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 200.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Census and register of students with disabilities.
(1) The board of
education or trustees of each school district shall conduct a census in
accordance with Education Law, sections 3240, 3241 and 3242, to locate and
identify all students with disabilities who reside in the district and shall
establish a register of such students who are entitled to attend the public
schools of the district or are eligible to attend a preschool program in
accordance with section
4410 of the
Education Law during the next school year, including students with disabilities
who are homeless or who are wards of the State. The register of such students
and others referred to the committee as possibly having a disability shall be
maintained and revised annually by the district committee on special education
or the committee on preschool special education, as appropriate. Procedures
shall be implemented to assure the availability of statistical data to readily
determine the status of each student with a disability in the identification,
location, evaluation, placement and program review process. Census data shall
be reported by October 1st to the committee on special education or committee
on preschool special education, as appropriate.
(2) Data requirements.
(i) Procedures shall be designed to record
data on each student, and shall include at least the following types of data:
(a) student's name, address and
birthdate;
(b) student's parents'
names, address(es), and the native language of the student's home;
(c) student's suspected disability;
(d) dates of referral, evaluations,
recommendations of the committee on special education, or committee on
preschool special education, actual placement, and annual program
reviews;
(e) site where the student
is currently receiving an educational program;
(f) other student information as required by
the Individuals with Disabilities Education Act (20 U.S.C.
1400
et seq.) and Federal
regulations, including but not limited to the student's race, ethnicity,
limited English proficiency status, gender and disability category;
(g) if the student is not receiving an
appropriate public education, the reason shall be
described.
(ii) The data
shall be organized so that it can readily be determined whether each student is
receiving an appropriate public education, a partial education or no education
at all.
(3) Data
collection. All persons involved in the collection of data shall have received
prior training and written information regarding the procedures to be followed
in collecting the data.
(4) Data
reporting. The reporting of data shall be conducted in accordance with the
following policies and procedures:
(i) School
districts shall prepare, and keep on file, summary reports of student data,
including numbers of students who are:
(a)
unserved and the reasons they are unserved; and
(b) served.
(ii) A summary report of the students served
shall be submitted by local school districts to the State Education Department
in a manner prescribed by the commissioner.
(5) The board of education or trustees of
each school district shall keep on file the register and related summary
reports which shall be available to the district superintendent of the
supervisory district in which the district is located or other representatives
of the State Education Department.
(6) Paragraphs (1)-(5) of this subdivision
shall not apply to schools and students subject to the provisions of articles
81, 85, 87 and 88 of the Education Law and chapter 1060 of the Laws of 1974.
Schools subject to the provisions of such articles and chapter shall keep their
own census of students, and shall submit such census directly to the
commissioner on forms prescribed by the commissioner.
(7) Procedures to locate, identify, and
evaluate all nonpublic private elementary and secondary school students with
disabilities, including religious-school children as required by the Education
Law must be established to ensure the equitable participation of parentally
placed private school students with disabilities and an accurate count of such
students. The child find activities must be similar to activities undertaken
for students with disabilities in public schools and must be completed in a
time period comparable to that for other students attending public schools in
the school district. The school district shall consult with representatives of
private schools and representatives of parents of parentally placed private
school students with disabilities on the child find process.
(i) If a student a parentally-placed, or is
going to be parentally-placed in a private elementary or secondary school that
is not located in the student's school district of residence, parental consent,
or consent of a student 18 years of age or older, must be obtained before any
personally identifiable information about the student is released between
officials in the district where the private school is located and officials in
the parent's district of residence.
(ii) The school district shall maintain in
its records and report to the commissioner, in a manner prescribed by the
commissioner, on the number of students enrolled in such private schools by
their parents who are evaluated to determine if they are students with
disabilities, the number of such students who are determined to have a
disability and the number of such students who received special education
services under this Part.
(b) Written policy.
Each board of education or board of trustees shall adopt written policy that establishes administrative practices and procedures:
(1) to ensure that students with disabilities
residing in the district have the opportunity to participate in school district
programs, to the maximum extent appropriate to the needs of the student
including nonacademic and extracurricular programs and activities, which are
available to all other students enrolled in the public schools of the district,
which may include counseling services, athletics, transportation, health
services, recreational activities, special interest groups or clubs sponsored
by the school district, referrals to agencies that provide assistance to
individuals with disabilities and employment of students, including both
employment by the school district and assistance in making outside employment
available;
(2) to ensure that each
preschool student with a disability residing in the district has the
opportunity to participate in preschool programs, including timely evaluation
and placement;
(3) for appointing
and training appropriately qualified personnel, including the members and
chairpersons of the committee on special education and the committee on
preschool special education, to carry out the functions identified in this
Part;
(4) to implement the
provisions of section
200.6(a) of this
Part and to provide special services or programs, to the extent appropriate to
the needs of the student, to enable the student to be involved in and progress
in the general education curriculum;
(5) for the purpose of ensuring that parents
have received and understand the request for consent for evaluation of a
preschool student;
(6) for the
purpose of ensuring the confidentiality of personally identifiable data,
information or records pertaining to a student with a disability. Such
personally identifiable information shall not be disclosed by any officer or
employee of the State Education Department or any school district, or member of
a committee on special education or committee on preschool special education to
any person other than the parent of such student, except in accordance with
sections 300.500 through 300.536 and sections 300.610 through 300.625 and part
99 of title 34 of the Code of Federal Regulations
(Code of Federal Regulations, 2009 edition, title 34, sections
300.500 -300.536, sections 300.610 through 300.625, and part 99, Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402-0001; 2009
- available at the Office of Counsel, New York State Education Department,
State Education Building, Room 148, 89 Washington Avenue, Albany, NY
12234);
(7) for implementing
schoolwide approaches, which may include a response to intervention process
pursuant to section
100.2(ii) of this
Title, and prereferral interventions in order to remediate a student's
performance prior to referral for special education;
(8) for the selection and board appointment
of an impartial hearing officer consistent with the procedures in paragraph
(e)(1) of this section and section
200.5(j) of this
Part;
(9) and establishes a plan,
pursuant to sections
1604
(29-a),
1709
(4-a),
2503
(7-a) and
2554
(7-a) of the Education Law, to ensure that
all instructional materials to be used in the schools of the district are
available in a usable alternative format, which shall meet the National
Instructional Materials Accessibility Standard; in accordance with appendix C
to part 300 of title 34 of the Code of Federal Regulations
(Code of Federal Regulations, 2009 edition, title 34, part
300, appendix C, Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-0001; 2009 - available at the Office of Counsel, New York
State Education Department, State Education Building, Room 148, 89 Washington
Avenue, Albany, NY 12234), for each student with a disability in accordance
with the student's educational needs and course selections at the same time
that such materials are available to nondisabled students. For purposes of this
paragraph, alternative format is defined as any medium or
format for the presentation of instructional materials, other than a
traditional print textbook, that is needed as an accommodation for a student
with a disability enrolled in the school district, including but not limited to
Braille, large print, open and closed captioned, audio, or an electronic file.
An electronic file must be compatible with at least one alternative format
conversion software program that is appropriate to meet the needs of the
individual student. The plan shall:
(i)
ensure that the district gives a preference in the purchase of the
instructional materials it has selected for its students to those vendors who
agree to provide such instructional materials in alternative formats;
(ii) specify, when an electronic file is
provided, how the format will be accessed by students and/or how the district
will convert to an accessible format;
(iii) specify the process to be used when
ordering materials to identify the needs of students with disabilities residing
in the district for alternative format materials;
(iv) specify ordering timelines to ensure
that alternative format materials are available at the same time as regular
format materials are available; and
(v) include procedures so that when students
with disabilities move into the school district during the school year, the
process to obtain needed materials in alternative formats for such students is
initiated without delay;
(10) to ensure that:
(i) each regular education teacher, special
education teacher, related service provider and/or other service provider, as
defined in clause (a) of this subparagraph, who is responsible
for the implementation of a student's individualized education program (IEP) is
provided a paper or electronic copy of such student's IEP, including amendments
to the IEP, made pursuant to section
200.4(g) of this
Part, prior to the implementation of such program or shall be able to access
such student's IEP electronically. If the policy provides that students' IEPs
are to be accessed electronically, then such policy shall also ensure that the
individuals responsible for the implementation of a student's IEP shall be
notified and trained on how to access such IEPs electronically:
(a) for purposes of this paragraph,
other service provider means a representative of another
public school district, charter school, Board of Cooperative Educational
Services (BOCES), or school enumerated in article 81, 85 or 89 of the Education
Law where the student receives or will receive IEP
services;
(ii) any copy
of a student's IEP provided pursuant to this paragraph shall remain
confidential and shall not be disclosed to any other person, in accordance with
paragraph (6) of this subdivision; and
(iii) the chairperson of the committee on
special education designates for each student one, or as appropriate, more than
one professional employee of the school district with knowledge of the
student's disability and education program to, prior to the implementation of
the IEP, inform each regular education teacher, special education teacher,
related service provider, other service provider, supplementary school
personnel, as defined in section
200.1(hh) of this
Part, and other provider and support staff person of his or her responsibility
to implement the recommendations on a student's IEP, including the
responsibility to provide specific accommodations, program modifications,
supports and/or services for the student in accordance with the IEP;
(11) that identify the measurable
steps it shall take to recruit, hire, train and retain highly qualified
personnel, as defined in section 120.6 of this Title and
34 CFR
300.18 (Code of Federal
Regulations, 2009 edition, title 34, section 300.18, Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402-0001; 2009 -
available at the Office of Counsel, New York State Education Department, Room
148, State Education Building, 89 Washington Avenue, Albany, NY 12234), to
provide special education programs and services;
(12) that describe the guidelines for the
provision of appropriate accommodations necessary to measure the academic
achievement and functional performance of the student in the administration of
districtwide assessments;
(13) that
identify how the district, to the extent feasible, will use universal design
principles in developing and administering any districtwide assessment
programs; and
(14) to ensure that
the school district publicly reports on revisions to its policies, procedures
and/or practices upon a finding by the department that the district has
inappropriate policies, procedures or practices resulting in a significant
disproportionality by race/ethnicity in the suspension, identification,
classification and/or placement of students with
disabilities.
(c) District plans.
(1) Each board
of education which receives an apportionment for eligible students with
disabilities, pursuant to section
3602 of the
Education Law, or preschool students with disabilities pursuant to section
4410 of the
Education Law shall use such apportionments for special education programs and
services which are in accordance with the provisions of this Part. Each board
of education which receives such apportionment shall keep on file and make
available for public inspection and review by the commissioner an acceptable
plan as required by subdivision 8(b) of section
3602 of the
Education Law.
(2) Each such plan
shall include, but need not be limited to, the following:
(i) a description of the nature and scope of
special education programs and services currently available to students and
preschool students residing in the district, including but not limited to
descriptions of the district's resource room programs and each special class
program provided by the district in terms of group size and
composition;
(ii) identification of
the number and age span of students and preschool students to be served by type
of disability, and recommended setting;
(iii) the method to be used to evaluate the
extent to which the objectives of the program have been achieved;
(iv) a description of the policies and
practices of the board of education to ensure the continual allocation of
appropriate space within the district for special education programs that meet
the needs of students and preschool students with disabilities;
(v) a description of the policies and
practices of the board of education to ensure that appropriate space will be
continually available to meet the needs of resident students and preschool
students with disabilities who attend special education programs provided by
boards of cooperative educational services;
(vi) a description of how the district
intends to ensure that all instructional materials to be used in the schools of
the district will be made available in a usable alternative format, as such
term is defined in paragraph (b)(8) of this section, for each student with a
disability at the same time as such instructional materials are available to
nondisabled students. To meet this requirement, the district plan may
incorporate by reference the plan established by the board of education
pursuant to paragraph (b)(8) of this section;
(vii) the estimated budget to support such
plan;
(viii) the date on which such
plan was adopted by the board of education.
(3) Any change to the allocation of space for
special education programs shall be made in consideration of the needs of
participating students with disabilities for placement in the least restrictive
environment and for the stability and continuity of their program
placements.
(4) The district plan,
with personally identifiable student information deleted, shall be filed and
available for public inspection and review by the
commissioner.
(d) Approval of services.
(1)
Approval of services for students with disabilities. The board of education or
board of trustees of each school district shall, upon completion of its review
of the recommendation of the committee on special education for special
education programs and services, including changes to the committee on special
education's recommendation made pursuant to section
200.4(g) of this
Part, in accordance with section
200.4(e)(1) and
(2) of this Part, arrange for the appropriate
special education programs and services to be provided to a student with a
disability as recommended by the committee on special education. The board
shall notify the parent of its action in accordance with section
4402
(2)(b)(2) of the Education Law.
(2) Approval of services for preschool
students with disabilities. The board of education or the board of trustees of
each school district shall, upon completion of the recommendation of the
committee on preschool special education for special education programs and
services, including changes to the committee's recommendation made pursuant to
section 200.4(g) of this
Part, arrange for appropriate special education programs and services for a
preschool student with a disability, as recommended by the committee on
preschool special education, from among the services and programs approved for
such purpose by the commissioner. The board shall notify the parent, the
municipality and the commissioner of its action in accordance with section
4410 of the
Education Law.
(e) Maintenance of lists.
The board of education or trustees of each school district shall establish a list of:
(1) the
name and statement of the qualifications of each impartial hearing officer who
is:
(i) certified by the Commissioner of
Education pursuant to section 220.1(x)(4) of this Part; and
(ii) available to serve in the district in
hearings conducted pursuant to Education Law § 4404(1). Appointment of
impartial hearing officers pursuant to Education Law § 4404(1), except as
otherwise provided in this subparagraph, shall be made only from such list and
in accordance with the rotation selection process prescribed herein and the
timelines and procedures in section
200.5(j) of this
Part. Such names will be listed in alphabetical order. Selection from such list
shall be made on a rotational basis beginning with the first name appearing
after the impartial hearing officer who last served or, in the event no
impartial hearing officer on the list has served, beginning with the first name
appearing on such list. Should that impartial hearing officer decline
appointment, or if, within 24 hours, the impartial hearing officer fails to
respond or is unreachable after reasonable efforts by the district that are
documented and can be independently verified, each successive impartial hearing
officer whose name next appears on the list shall be offered appointment, until
such appointment is accepted. The name of any newly certified impartial hearing
officer who is available to serve in the district shall be inserted into the
list in alphabetical order. Provided, however, that in a city school district
having a population of one million or more inhabitants:
(a) Any impartial hearing officers employed
by, or reporting to, a permanent, standing administrative tribunal employing
more than one impartial hearing officer shall be first in an alphabetical
rotation when new cases are assigned, and any impartial hearing officer not
employed by, or reporting to, a permanent standing administrative tribunal,
will be listed in alphabetical order thereafter.
(b) Any certified impartial hearing officer
available for appointment may accept more than one case at a time.
(c) Any permanent standing administrative
tribunal employing more than one impartial hearing officer at a time may
reassign cases between impartial hearing officers employed by, or reporting to
such permanent standing administrative tribunal, to manage administrative needs
such as workload distribution.
(2) persons from whom the district shall
choose a surrogate parent pursuant to section
200.5(n) of this
Part; and
(3) preschool programs
within the county in which the district is located and preschool programs in
adjoining counties, or, in the case of districts located in the City of New
York, preschool programs within the City of New York and preschool programs
within counties adjoining the City of New York. The list of preschool programs
shall be available for dissemination at appropriate sites including, but not
limited to, prekindergarten, day care and head start programs within the
district, and Early Childhood Direction Centers.
(f) Responsibilities of boards of education which provide education pursuant to part II of article 41 of the Education Law (sections 2040-2045).
Where a board of education provides for the education of all of its students, or of all of its students of any particular grade, by contracting with another board of education pursuant to section 2040 or 2045 of the Education Law, the committee on special education of the receiving school district shall serve as the committee on special education for all students so placed in such receiving school district.
(g) Facilities for special education programs.
The district superintendent of schools shall determine the adequacy and appropriateness of the facilities space available to house special education programs in the geographic area served by the board of cooperative educational services, consistent with the least restrictive environment requirement and to ensure the stability and continuity of program placements for students with disabilities, including procedures that ensure that special education programs and services located in appropriate facilities will not be relocated without adequate consideration of the needs of participating students with disabilities.
(h) The board of education or trustees of each school district and each board of cooperative educational services shall develop and implement a plan as part of the professional learning plan pursuant to section 100.2(dd) of this Title that shall include, but is not limited to, a description of the professional learning activities provided to all professional staff and supplementary school personnel who work with students with disabilities to assure that they have the skills and knowledge necessary to meet the needs of students with disabilities.
(i) Responsibility of boards of cooperative educational services (BOCES).
(1) Responsibility for
ensuring the availability of instructional materials in alternative formats for
students with disabilities. By July 1, 2002, each BOCES shall establish a plan
to ensure that all instructional materials to be used in the programs of the
BOCES are available in a usable alternative format, which shall meet National
Instructional Materials Accessibility Standard in accordance with appendix C to
part 300 of title 34 of the Code of Federal Regulations
(Code of Federal Regulations, 2009 edition, title 34, part
300, appendix C, Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-0001; 2009 - available at the Office of Counsel, New York
State Education Department, State Education Building, Room 148, 89 Washington
Avenue, Albany, NY 12234), for each student with a disability in accordance
with the student's educational needs and course selections at the same time
that such materials are available to nondisabled students. For purposes of this
subdivision, alternative format is defined as any medium or
format for the presentation of instructional materials, other than a
traditional print textbook, that is needed as an accommodation for a student
with a disability enrolled in a program of the BOCES, including but not limited
to Braille, large print, open and closed captioned, audio, or an electronic
file. An electronic file must be compatible with at least one alternative
format conversion software program that is appropriate to meet the needs of the
individual student. The plan shall:
(i)
ensure that the BOCES gives a preference in the purchase of the instructional
materials it has selected for its students to those vendors who agree to
provide such instructional materials in alternative formats;
(ii) specify, when an electronic file is
provided, how the format will be accessed by students and/or how the BOCES will
convert to an accessible format;
(iii) specify the process to be used when
ordering materials to identify the needs of students enrolled in the programs
of the BOCES for alternative format materials;
(iv) specify ordering timelines to ensure
that alternative format materials are available at the same time as regular
format materials are available; and
(v) include procedures so that when students
with disabilities enroll in a program of the BOCES during the school year, the
process to obtain needed materials in alternative format is initiated without
delay.
(2) Responsibility
to identify and take measurable steps to recruit, hire, train and retain highly
qualified personnel. Each BOCES shall identify and take steps to recruit, hire,
train and retain highly qualified personnel to provide special education
programs and services to students with disabilities served by the
BOCES.
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